(Published by the Authority of the City Council of the City of Chicago)
COPY
JOURNAL of the PROCEEDINGS of the CITY COUNCIL of the CITY of CHICAGO, ILLINOIS
Regular Meeting - Wednesday, July 29, 2009
at 10:00 A.M.
(Council Chambers - City Hall - Chicago, Illinois)
OFFICIAL RECORD.
VOLUME II
RICHARD M. DALEY MIGUEL DEL VALLE Mayor City Clerk continued from Volum e / °n page 67258 7/29/2009 REPORTS OF COMMITTEES 67259
COMMITTEE ON AVIATION.
PROGRAMMING SERVICE AGREEMENT WITH AC HOLDINGS, INC., DOING BUSINESS AS CNN AIRPORT NETWORK FOR OPERATION OF NEWS SERVICE AT CHICAGO O'HARE INTERNATIONAL AIRPORT. [02009-4238]
The Committee on Aviation submitted the following report:
CHICAGO, July 29, 2009.
To the President and Members of the City Council:
Your Committee on Aviation, having under consideration a communication from the Honorable Richard M. Daley, Mayor (which was referred on June 30, 2009) an ordinance authorizing the execution of an agreement with AC Holdings, Inc., doing business as CNN Airport Network, begs leave to recommend that Your Honorable Body Pass the proposed ordinance which is transmitted herewith.
This recommendation was concurred in by a viva voce vote of the members of the Committee, with no dissenting vote. Committee meeting on July 27, 2009.
Respectfully submitted,
(Signed) PATRICK J. LEVAR, Chairman.
On motion of Alderman Levar, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows:
Veas--Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyie, Jackson, Harris, Beaie, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Munoz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone -- 48.
Nays - None.
Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. 67260 JOURNAL--CITY COUNCIL-CHICAGO 7/29/2009
The following is said ordinance as passed:
WHEREAS, The City of Chicago ("City") is a home rule unit of local government under the 1970 Constitution of the State of Illinois, owns and operates an airport known as Chicago O'Hare International Airport ("O'Hare"), and possesses the power and authority to license premises and facilities and to grant other rights and privileges with respect thereto; and
WHEREAS, The City desires to enter into an agreement with a provider of network news service ("News Service") to provide such News Service via television monitors, to be furnished by the News Service provider, throughout O'Hare to serve the needs of the airport patrons and employees; and
WHEREAS, The City, acting through its Department of Aviation, has solicited proposals from such News Service providers; and
WHEREAS, AC Holdings, Inc., a Georgia privately held business corporation, doing business as CNN Airport Network ("CNN") has proposed to operate a News Service at O'Hare, and the City desires CNN to provide such News Service in accordance with a programming service agreement, substantially in the form attached to this ordinance as Exhibit A ("Programming Agreement"); and
WHEREAS, Pursuant to the Programming Agreement, the City is entitled to six minutes of airtime per hour for local public service announcements or local advertisements ("Local Spots"); and
WHEREAS, The City Council of the City of Chicago desires to authorize the Mayor to enter into the Programming Agreement with CNN; now, therefore.
Be It Ordained by the City Council of the City of Chicago:
SECTION 1. The foregoing recitals are hereby incorporated by reference as if fully set forth here.
SECTION 2. The Mayor or his proxy is hereby authorized to execute the Programming Agreement, upon the recommendation of the Commissioner, the agreement being substantially in the form attached hereto as Exhibit A.
SECTION 3. The Commissioner and such other City officials as may be required are authorized to take such actions and execute such other documents as may be necessary or desirable to implement the objectives of this ordinance.
SECTION 4. This ordinance shall be effective immediately upon its passage and approval.
Exhibit "A" referred to in this ordinance reads as follows: 7/29/2009 REPORTS OF COMMITTEES 67261
Exhibit "A".
CNN Airport Network® Programming Sen/ice Agreement With AC Holding, Inc. At Chicago O'Hare International Airport.
THIS AGREEMENT ("Agreement"), dated as of this day of , 2009 (the "Effective Date"), by and between the City of Chicago, through its Department of Aviation, 10510 W Zemke Road, Chicago, Illinois 60666 (the "City"), and AC Holdings, Inc., with its principal office located at One CNN Center NW, SE 7, Atlanta, Georgia 30303-2762 ("CNN Airport Network").
WITNESSEIH:
WHEREAS, CNN Airport Network desires to provide its CNN Airport Network programming service ("Service") in approved terminal buildings and concourses (including passenger gate areas located therein), and other mutually agreed upon areas at Chicago O'Hare Intematiorial Airport (the "Airport") by maintaining and/or installing the necessary equipment and delivering the Service; and
WHEREAS, the City desires CNN Airport Network to provide the Service in the Airport according to the terms set forth herein;
NOW, THEREFORE, in consideration of the premises and the mutual promises, representations, covenants and agreements herein contained, the parties hereto, intending to be legally bound, hereby agree as follows:
1. DEFINITIONS. The following words and phrases shall have the respective meanings ascribed to them below when used in this Agreement:
1.1 "Advertising Time" shall mean the approximate sixteen (16) minutes of advertising and promotional time included in the Service per hour.
1.2 "Approved Installation Areas" shall mean areas of the Airport identified by CNN Airport Network and approved by the City for installation of the Service Equipment.
1.3 "Airport" shall mean Chicago O'Hare Intemational Airport.
1.4 "Airport Rules and Regulations" shall mean rules, policies, regulations, directives and orders promulgated by the City as they may be amended from time to time.
1.5 "City" shall mean the City of Chicago.
1.6 "City Encumbrances" shall mean any liens, claims, charges, encumbrances or security interests of any nature whatsoever initiated by the City.
1.7 "City Revenue Share Payment" shall mean the amoimt determined by multiplying the Service Revenue Pool by a fraction, the numerator of which shall be the measured viewing audience for the Service at the Airport during a quarter, and the 67262 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
denominator of which shall be the measured viewing audience for the Service at all domestic airports eligible to receive a portion of advertising revenue therefrom during the same calendar quarter.
1.8 "CNN" shall mean Cable News Network Inc. (formerly, CNN Cables News Network LP, LLLP).
1.9 "CNN Airport Network" shall mean AC Holdings, Inc.
1.10 "CNN Airport Network Encumbrances" shall mean any liens, claims, charges, encimibrances or security interests of any nature whatsoever arising by or through CNN Airport Network.
1.11 "Distribution Equipment" shall mean that portion of the Service Equipment installed by CNN Airport Network necessary to distribute the Service to various areas located throughout the Airport (i^, cabling and conduit).
1.12 "Exhibition Equipment" shall mean the speakers and display screens and related components of the Service Equipment installed by CNN Airport Network necessary for actual viewing of the Service within Approved Installation Areas
1.13 "Guaranteed Amount" shall mean the applicable quarterly eunoimt specified in Section 10 of this Agreement.
1.14 "Insertion Equipment" shall be defined as that equipment necessary for the City to insert audio/video advertisements and/or promotional announcements into the Service on a local basis as permitted in this Agreement.
1.15 "Programming" shall mean the news, information and entertainment television programming material professionally produced and provided by CNN Airport Network or any entity controlled by, under conmion control with or controlling CNN Airport Network included in the Service.
1.16 "Quarterly Fee" shall mean the greater of the Guaranteed Amount or the City Revenue Share Payment payable on a quarterly basis during the Term.
1.17 "Reception Equipment" shall mean that portion of the Service Equipment installed by CNN Airport Network necessary to receive the Service.
1.18 "Service" shall mean the Programming and other services related to distribution of the Programming, but shall not include any Service Equipment.
1.19 "Service Equipment" shall mean all Reception, Distribution and Exhibition Equipment installed and/or owned by CNN Airport Network at the Airport. 7/29/2009 REPORTS OF COMMITTEES 67263
1.20 "Service Revenue" shall mean gross advertising revenue from the sale of national Advertising Time by CNN Airport Network to third parties in a given quarter, less the applicable advertising agency commission fees actually paid or payable by CNN Airport Network (not to exceed fifteen percent (15%) of gross advertising revenue) and any monies refimded by CNN Airport Network to advertisers and/or agencies with respect to Third Party Units, as defined in Section 7.B (i.e. "Net Advertising Revenue").
1.21 "Service Revenue Pool" shall be calculated as follows: (a) 15% of the Service Revenue invoiced by CNN Airport Network for the preceding quarter until such time as CNN Airport Network has invoiced an aggregate amount of Service Revenue equal to $15,000,000.00 for the calendar year in which the preceding quarter occurs; (b) 17.5% of the Service Revenue invoiced by CNN Airport Network for the preceding quarter after CNN Airport Network has invoiced an aggregate amount of Service Revenue in excess of $15,000,000.00 but less than or equal to $25,000,000.00 for the calendar year in which the preceding quarter occurs; (c) 22.5% of the Service Revenue invoiced by CNN Airport Network for the preceding quarter after CNN Airport Network has invoiced an aggregate amount of Service Revenue in excess of $25,000,000.00 but less than or equal to $30,000,000.00 for the calendar year in which the preceding quarter occurs; and (d) 32.5% of the Service Revenue invoiced by CNN Airport Network for the preceding quarter after CNN Airport Network has invoiced an aggregate amount of Service Revenue in excess of $30,000,000.00 for the calendar year in which the preceding quarter occurs.
1.22 "Term" shall have the meaning set forth in Section 3.
1.23 "Trade Secrets" shall mean any data, information (financial or otherwise), formula, pattern, compilation, program, device, method, technique, drawing, plan, process, research results and name or list of actual or potential licensees, advertisers or suppliers, which is disclosed to CNN Airport Network or the City, as the case may be, by or on behalf of the other party hereto in connection with the relationship contemplated by this Agreement and which has a value to the other party and is not generally known by the other party's competitors. Trade Secrets include, but are not limited to, information relating to the financial affairs, products, services, customers, officers, directors, and employees of the other party.
2. REPRESENTATIONS: AUTHORIZATION.
A. The City. The City is authorized to enter into this Agreement pursuant to an ordinance granting such authority by the City Coimcil of Chicago on (Date), Council Joumal of Proceedings, page xxxxxxx.
B. CNN Airport Network. CNN Airport Network represents and warrants to the City that it has all necessary power and authority and has taken all action necessary to enter into this Agreement, to consummate the transactions contemplated hereby, and to perform its 67264 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
obligations hereunder. CNN Airport Network further represents and warrants to the City that the execution, delivery and performance of this Agreement and the consummation of any and zdl transactions contemplated by this Agreement and the fulfillment of and compliance with the terms and conditions of this Agreement do not and will not violate or conflict with, or constitute a breach of or default under, any existing contracts or commitments to which CNN Airport Network is a party or by which it may be bound.
3. TERM.
The term of this Agreement shall be for a period of five (5) years from the Effective Date with the option of two (2) one (1) year extension periods upon the mutual agreement of the parties. A party shall give the other party notice of its intent not to renew at least sixty (60) days prior to the expiration of the then current term.
4. USE OF THE AIRPORT.
A. Grants and Approvals. The City hereby grants CNN Airport Network the right to provide the Service and, subject to the City's prior approval over specific installation plans for new areas which City may exercise in City's sole discretion, the right to install, operate and maintain all Service Equipment during the Term of this Agreement. The exact locations of any and all new Service Equipment and other ancillary space requirements shall be selected by CNN Airport Network and approved or denied by the City after review of CNN Airport Network's drawings and plans showing its proposed manner of installation and placement of Service Equipment. In accordance with the foregoing, CNN Airport Network shall have the right to install the Service Equipment and deliver the Service to the selected Approved Installation Areas of the Airport listed on Exhibit A attached hereto and by reference made a part hereof during the Term of this Agreement and in accordance with Exhibit E, CNN Airport Network Submittal dated September 16, 2008. As indicated below, any expansion plans and the installation schedule applicable thereto shall be subject to the mutual agreement of the parties. As between the parties hereto, CNN Airport Network shall be responsible for obtaining the approval or consent of any third party lessee at the Airport, if necessary, for CNN Airport Network to install Service Equipment within the premises leased to such third party. Unless specifically approved by the City, CNN Airport Network shall not use the Approved Installation Areas for any purpose other than to provide the Service and to perform certain services and activities related thereto and expressly contemplated by this Agreement.
The parties hereto acknowledge that CNN Airport Network has already installed the majority of the Service Equipment necessary for its operations at the Airport imder a prior agreement. In addition to its obligation to provide maintenance for such Service Equipment, CNN Airport Network further £igrees to use commercially reasonable efforts to flirther expand installation of the Service at the Airport upon the reasonable request of the City during the Term as appropriate. To facilitate such further expansion, CNN Airport Network shall consult with the City from time to time in an effort to imderstand the City's expansion plans for the Airport, if any, and to gain access to detailed enplanement information that may be instrumental to a decision by CNN Airport Network as to whether-it should further expand the Service to other areas. Nonetheless, it is tmderstood and agreed that CNN Airport Network shall have no obligation whatsoever to incur any exfraordinary 7/29/2009 REPORTS OF COMMITTEES 67265
installation costs, such as those associated with structural impediments, lengthy cable runs, remote installation sites and the like, and, thus, such proposed installations must be approached on a case by case basis. Without limiting the generality of the foregoing, it is expressly understood and agreed that CNN Airport Network shall have no obligation whatsoever to undertake installation in any areas wdth asbestos or to engage in any abatement activities related thereto. Finally, CNN Airport Network reserves the absolute right to reject any installation sites on the basis of low gate or other traffic La the exercise of its business judgment. CNN Airport Network agrees to be reasonable in selecting the Approved Installation Areas hereunder.
B. Exhibition Equipment Upgrade. CNN Airport Network shall coordinate with the Department of Aviation to finalize and implement the proposed display screen upgrade at the Airport, as outlined in CNN Airport Network's Submittal dated September 16, 2008. The Installation shall include a total of 133 installations at an investment of approximately $1.5 million. CNN Airport Network plans to install 95 screens in gate areas, serving 143 gates and 38 screens in other locations such as baggage claim, customs, and food courts. CNN Airport Network will provide for each upgraded viewing area an LCD display screen, moimting equipment, and a consolidated housing for the audio components. CNN Airport Network may reuse existing Distribution Equipment, including conduit and cabling and Exhibition Equipment, including, speakers, audio equipment and structural elements of the existing moimting supports provided such equipment meets the needs of the upgraded Exhibition Equipment. CNN Airport Network wdll be solely responsible for designing, providing, installing, maintaining and operating, at its sole cost, the upgraded Exhibition Equipment. Any work or constmction shall be in accordance with the Department of Aviation's Tenant Design and Constmction Manual or such other guidelines as promulgated by the Commissioner.
C. Headend Room. CNN Airport Network will coordinate directly with the City regarding its continuing need for space in a secured room (the "CNN Airport Network Headend Room") at the Airport with sufficient space to accommodate the placement, installation and operation of its Reception Equipment used to receive the Service. The signal will be subsequently distributed from this point to the Approved Installation Areas located throughout tiie Airport via the Distribution Equipment. The City imderstands and agrees that CNN Airport Network shall have the right, 24 hours a day, to easily access the CNN Airport Network Headend Room as necessary to operate and maintain the Reception Equipment located therein.
D. Compliance vyith Airport Security Laws. CNN Airport Network's access to and use of the Airport will be conditioned upon compliance with all Airport Rules and Regulations. This Agreement is expressly subject to 49 U.S.C. 44901 et seq., as amended from time to time, the provisions of which are hereby incorporated by reference, and all rules and regulations promulgated thereimder. CNN Airport Network shall, notwithstanding anything contained herein to the contrary, at no additional cost to City, perform imder this Agreement in compliance with those guidelines developed by City, the Transportation Security Administration ("TSA"), and the Federal Aviation Administration ("FAA") with the objective of maximimi security enhancement.
CNN Airport Network acknowledges that security is of primary importance at the Airport, and that security requirements are likely to change during the term of this Agreement. CNN Airport Network shall at all times comply with all Federal, state and local security laws, regulations. 67266 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
policies, requirements and directives whether written or verbal, including, without limitation, 49 C.F.R. Part 1542 "Airport Security" or any amendment or successor thereto, and CNN will work cooperatively with City in coimection with the same. CNN Airport Network imderstands and agrees that the same may impact CNN Airport Network's business operations and costs. CNN Airport Network fiirther agrees that it shall be strictly liable for the payment of any civil penalties assessed against City or CNN Airport Network owing to CNN Airport Network's breach of such security laws, regulations, policies, requirements, or directives, and shall be solely and fiilly responsible for any and all breaches of security and the consequences thereof resulting from the negligence or intentional acts of omission or commission of its officers, employees, representatives, agents, servants, subtenants, consultants, contractors, successors, assigns and suppliers.
CNN Airport Network shall observe and obey all rules and regulations governing the conduct and operation of the Airport promulgated from time to time by City, County, state or federal authorities and, in particular, CNN Airport Network agrees at all times to comply with any master security plan and procedures for the Airport as may be established by City from time to time.
E. Airport Security Badges. All individuals must wear and display their Airport Security Badges on their outer apparel at all times while at the Airport. Individuals working for or on behalf of CNN Airport Network who require regular access to secured areas of the Airport must obtain Airport Security Badges. No person will be allowed beyond security checkpoints without a valid Airport Security Badge or must be escorted by a person with a valid Airport Security Badge. Each such person must submit signed and properly completed application forms to receive an Airport Security Badge. Additional forms and tests may be required to obtain Airport Driver's Licenses and Vehicle Permits. The application forms will solicit such information as the Conmiissioner may require in his discretion, including but not limited to name, address, date of birth (and for vehicles, driver's License and appropriate stickers). CNN Airport Network is responsible for requesting and completing the form for each person who will be working at the Airport on its behalf and all vehicles to be used on the job site. Upon signed approval of the application by the Commissioner or his designee, the employee will be required to attend a presentation regarding eiirport security and have his or her photo taken for the badge. The Commissioner may grant or deny the application in his/her sole discretion. CNN Airport Network must make available to the Commissioner, within one day of request, the personnel file of any person who will be working on the project.
In order for a person to have an Airport Security Badge, a criminal history record check ("CHRC") conducted by the Department of Aviation will also be required. The CHRC will typically include a fingerprint analysis by the Federal Bureau of Investigation and such other procedures as may be required by the TSA. Airport Security Badges, Vehicle Permits and Driver's Licenses will only be issued based upon properly completed application forms. Employees or vehicles without proper credentials may be removed from the secured area and may be subject to fine or arrest. CNN Airport Network will be jointly and severally liable for any fmes imposed on any person working on its behalf 7/29/2009 REPORTS OF COMMITTEES 67267
5. INSTALLATION, MAINTENANCE AND OPERATION OF SERVICE EQUIPMENT.
A. Materials and Services. Except as otherwise specifically provided herein, CNN Airport Network shall be solely responsible for providing, installing, maintaining and operating, at its sole cost, all Service Equipment at the Airport, and shall provide all personnel necessary to perform these fimctions and address all customer complaints and inquiries, if any, during the Term. Any problems concerning the Service that comes to the attention of the City, such as any problems with the Service Equipment or customer inquiries or complaints, shall be directed to CNN Airport Network's designated local representative or communicated to CNN Airport Network through any other communication procedure established and agreed to by CNN Airport Network and the City.
B. Mode of Installation. CNN Airport Network agrees to cause its designated representatives to install such Service Equipment in a proper and workmanlike maimer, and shall coordinate such installations with the City's designated representative with as little dismption as practicable to the normal operations of the Airport and any lessee of the space where the Service Equipment is being installed. CNN Airport Network fiirther represents that none of the Service Equipment shall cause any interference with Airport tower communications or violate any regulation of the FAA or the FCC and agrees to immediately discontinue any such interference or violating operation.
C. Repair. Replace, Upgrade. During the Term, CNN Airport Network shedl repair or replace any Service Equipment installed by it at the Airport that is damaged or otherwise in need of repair as soon as possible, subject to its ability to obtain any necessary approval fitim the City and/or third party tenant. In addition, CNN Airport Network reserves the right, subject to compliance with any required tenant approval requirements, and at any time during the Term of this Agreement, to replace and/or up-grade any and all Service Equipment installed in the Airport to maintain and/or improve the Service.
D. Modifications to Service Equipment. The City shall not impact CNN Airport Network's Service Equipment in a manner that impairs CNN Airport Network's ability to provide service under this Agreement. CNN Airport Network acknowledges that City from time to time may perform work in the vicinity of any or all of the Service Equipment, and City shall use due care to avoid damaging such equipment or disrupting CNN Airport Network's operations. Further, CNN Airport Network shall remove and/or relocate limited installations of Service Equipment and restore the area in which such Service Equipment was located to its prior condition, normal wear and tear excepted, as soon as practicable following written notification by the City that it has determined in good faith that such removal or relocation is necessary for Airport operations or safety. The foregoing is intended to provide flexibility over the Term with respect to specific installations but is not intended to provide and does not provide any arbitrary right to effectively terminate or limit the rights granted to CNN Airport Network hereunder except as provided in Section 16 of this Agreement.
E. Sound Levels. CNN Airport Network agrees that the maximum sound level of the audio portion of the Service within each area displaying the Service shall be acceptable to the 67268 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
City and the lessee or user of the space in which the Service Equipment is located, if applicable, and will not interfere with any public announcements made by the City or any air carrier within that area. Furthermore, CNN Airport Network shall routinely monitor its sound control devices responsible for automatically increasing or decreasing the volume of the audio portion of the Service, based upon the ambient noise level, to ensure that the calibration is appropriate and within acceptable ranges.
F. Property of CNN Airport Network. All Service Equipment installed or brought into the Airport by CNN Airport Network and related to the Service (including all Service Equipment previously installed by CNN Airport Network) shall be deemed to be personal property and shall not be deemed to be fixtures attached to real estate or part of the real estate and shall remain the sole property of CNN Airport Network and may include any identifying logo, trademark or other signage of CNN Airport Network or CNN. CNN Airport Network shall be responsible for the removal of such personal property at the end of the Term. CNN Airport Network must repair any damage to the Airport caused by its removal of personal property, trade fixtures and improvements. All the removal and repair required of CNN Airport Network is at its sole cost and expense. If CNN Airport Network does not remove the personal property within thirty (30) days after being directed in writing by the City to do so, the Commissioner may cause the obligations to be performed and CNN Airport Network must pay the cost of the performance. Any personal property not removed in accordance herewith is deemed abandoned and the Commissioner may dispose of it as he sees fit, without any liability to CNN Airport Network or any other person or party.
G. Loss of Business Liability. The City shall not be liable to CNN Airport Network for any loss of business or damages sustained by CNN Airport Network as a result of any change in the operation or configuration of, or any change in any procedure governing the use of the Airport or any terminal therein.
H. Encumbrances. The City shall not place any City Encumbrances on the Service Equipment. If the City receives notice of the placement of an encumbrance by any third party on the Service Equipment, it shall notify CNN Airport Network of the same.
CNN Airport Network shall not permit CNN Airport Network Encumbrances to be placed upon any property owned or leased by the City and located at the Airport, and if CNN Airport Network receives notice of the placement of any such CNN Airport Network Encumbrances, it shall notify the party whose property is affected and shall take or cause' to be taken all actions necessary to promptly clear and remove such CNN Airport Network Encumbrances from such property.
6. DELIVERY OF SERVICE.
CNN Airport Network shall deliver the Service to all completed Approved Installation Areas of the Airport seven (7) days a week. The Service shall be delivered to the CNN Airport Network Headend Room for subsequent distiibution via the Distribution Equipment to the Exhibition Equipment installed in selected Approved Installation Areas. CNN Airport Network's delivery of the Service shall not interfere with any Airport operations or communications. 7/29/2009 REPORTS OF COMMITTEES 67269
7. DESCRIPTION OF SERVICE.
A. Content of Programming. The Service shall be in the format of continuous audio and video programming packages (the "Packages"), each Package consisting of (i) approximately forty-four (44) minutes of news, information and entertainment television programming material professionally produced and provided by CNN Airport Network or any entity controlled by, under common control with or controlling CNN Airport Network (the "Progranuning") and (ii) approximately sixteen (16) minutes of advertising and promotional time (the "Advertising Time"), per hour. CNN Airport Network shall also have the ability to interrupt the Service to go "live" to any significant breaking news or special event. ,
As indicated above, the Programming will be produced by CNN Airport Network's affiliate, CNN, and CNN shall have absolute and complete discretion, editorial and otherwise, with respect to the selection, format, content, production, editing and updating of the Programming and the spots for Advertising Time included therein, and the arrangement of the segments and spots; provided, however that CNN Airport Network represents and warrants that the quality and format of the Service shall at all times during the Term meet the general news standards specifically applicable to CNN's Headline News service. It is expressly agreed, however, that any Programming related to any accident involving a commercial passenger airline shall only be included in the Programming without graphic video coverage of the accident site, unless the accident involves a national emergency or threat to security. CNN Airport Network hereby reserves the right to temporarily withdraw the Service, or any portion thereof, at any time as it deems necessary or advisable in the exercise of its sound business judgment, and any such temporary withdrawal, intermption, delay or interference shall not constitute or be deemed a breach of this Agreement; provided, however, that CNN Airport Network agrees to use its best efforts to restore the Service as soon as possible. CNN Airport Network shall be solely responsible for any liability associated with the Programming provided by it for the Service.
It is expressly agreed that all Programming, advertising and promotional material to be broadcast by CNN Airport Network hereunder shall be in accordance with the highest industry standards, truthful and not misleading and shall not (i) be sexually explicit, or (ii) include graphic depictions of violence except to the extent generally shown on national news broadcasts.
B. Advertising Time. Subject to the provisions of this Paragraph, as between CNN Airport Network and the City, CNN Airport Network shall retain all Advertising Time included in the Service, and the revenue derived therefrom (subject to the amount payable to airports from the Service Revenue Pool). CNN Airport Network agrees that the City shall have the right to use up to six (6) one (1) minute segments per available hour (which may be used as two (2) thirty (30) second contiguous spots) during the day (the "Local Spots"), which may be used for sale to Local Advertisers (as defined below) or to promote the local area, the City, its concessions or community or region serviced by the Airport. In addition, the Local Spots (i) must be consistent with the production quality standards applied by CNN Airport Network to the Service; (ii) cannot suggest an affiliation with CNN Airport Network or any of its affiliates and any party unrelated to it; and (iii) cannot be offensive in nature. Additionally, the content or provider of such Local Spots 67270 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
may not promote, support or represent any interest competitive to CNN Airport Network or any of its affiliates. The remaining Advertising Time in each Package may be made available by CNN Airport Network for sale to third parties ("Third Party Units"). CNN Airport Network shall have the absolute right to determine the rate applicable and the rate actually charged for all Third Party Units. The party responsible for providing the content for the Advertising Time hereunder shall be responsible for any liability related thereto. With respect to the Local Spots, the City understands and agrees that its ability to sell the same to Local Advertisers shall be subject to compliance with all applicable laws, mles and regulations. For purposes of this provision, a "Local Advertiser" shall be defined as any local or regional business, company, non-profit group or other organization whose business is confmed to the local or regional area serviced by the Airport. CNN Airport Network may, from time to time, permit the sale of the Local Spots to businesses that conduct operations on a national level but who are also involved in some type of specialized local or regional project that makes the area serviced by the Airport of particular interest for the duration of such project. The City understands that the Local Spots will appear on the Service only as it is deUvered in the Airport. The City agrees and acknowledges that the advertising for the Local Spots must meet the general advertising policies and practices utilized by CNN Airport Network, a copy of which is attached hereto as Exhibit B.
C. Local Insertion Capability. The City shall be responsible for the purchase, installation, operation, upgrade and maintenance of Insertion Equipment required to provide the necessary technical capabilities to allow it to utilize the Local Spots and install such Insertion Equipment in the CNN Airport Network Headend Room so that such equipment can interface with CNN Airport Network's Service Equipment in accordance with CNN Airport Network's instructions. The City shall provide, at no charge to CNN Airport Network, a dedicated telephone line to allow remote access to headend equipment. This line shall be terminated in the CNN Airport Network Headend Room. It shall be a high speed data connection of 1.5 megabits per second or better with a static, public IP address.
CNN Airport Network shall have no responsibility whatsoever for producing, securing and/or selling the Local Spots, as applicable, and CNN Airport Network hereby expressly disclaims any liability for the content thereof. If such advertisements and/or programming is not inserted by the City, or, if inserted, such advertisements and/or programming are not updated regularly in accordance with CNN Airport Network's guidelines to maintain the quality of the Service, CNN Airport Network reserves the right to use the Local Spots as it deems appropriate and deliver its regularly scheduled Programming segments to the Airport but may not sell this time to third parties. In addition, CNN Airport Network shall have no responsibility for operating, upgrading and maintaining the Insertion Equipment, and hereby expressly disclaims any responsibility for costs or liability related to such operation and maintenance. City shall have the right to rely on CNN Airport Network's advice as to whether the Insertion Equipment can be operated in a manner compatible with the Service Equipment, and City shall have no responsibihty for costs or liability related to damages or other matters arising from the interface of such equipment.
In the event that CNN Airport Network goes live to a breaking news event or intermpts its Service to provide coverage of a significant sporting or other event or a full length news program, the City will not be able to utilize the Local Spots and/or preempt the designated 7/29/2009 REPORTS OF COMMITTEES 67271
CNN Airport Network Programming segments to provide the Local Spots during the duration of alternative programming. Furthermore, CNN Airport Network will not be able to provide any "make goods" for the interrupted segments. CNN Airport Network expressly disclaims any responsibility or liability to the City for any lost revenue or other damages attributable to CNN Airport Network's decision to provide the alternative programming.
8. COPYRIGHT.
The City agrees and acknowledges that the sole right of copyright in, and all rights of copyright with respect to, the Service and the Programming (including, without limitation, the sequence or organization of CNN Airport Network's compilations of programming segments constituting the Service) belong, as between the City and CNN Airport Network, to CNN Airport Network, and that the City shall not acquire, obtain or claim any copyright or other proprietary ownership interests therein or thereto by virtue of this Agreement. Except to the extent expressly limited or prohibited by the terms of this Agreement, CNN Airport Network shall be entitled to, and hereby reserves all rights necessary to, exploit, exercise, dispose of and/or utilize any rights in, to and with respect to the Service and the Programming without limitation and without prior notice or any obligation to the City. Additionally, CNN Airport Network shall indemnify, defend and hold the City harmless from any and all claims for royalties, fees or cost for the use of any music, photographs, art works, any third party owned or confrolled (intellectual) property or images generated by CNN Airport Network at the Airport pursuant to this Agreement. Except as to Local Spots, CNN Airport Network shall obtain edl licenses from third parties that may be necessary for the use of any intellectual properties in connection with the Service, including, without limitation, any necessary licenses from ASCAP or BMI.
CNN Airport Network agrees and acknowledges that the sole right of copyright in, and rights of copyright with respect to, the Local Spots inserted by the City belong, as between the City and CNN Airport Network, to the City, and that CNN Airport Network shall not acquire, obtain or claim any copyright or the proprietary ownership interest therein or thereto by virtue of this Agreement. To the extent of the City's rights, the City shall be entitled to, and hereby reserves all rights necessary to, exploit, exercise, dispose of and/or utilize any rights in, to and with respect to the Local Spots inserted by it without limitation and without prior notice or any obUgation to CNN Airport Network whatsoever.
9. SERVICE. MARKETING AND OTHER RELATED RESEARCH.
CNN Airport Network may perform observational studies or analyses and conduct oral and written surveys and polls of Airport pafrons within the Approved Installation Areas for the limited purposes of collecting information and other data related to the Service in general and the traffic flow and viewing opportunities within each area where Service Equipment has been installed during the Term of this Agreement, subject to the written approval of the City's designated representative in compliance with any applicable rules established by the City or any other governing authority, including the possession of any permit required therefor. CNN Airport Network or its designee shall notify the City in writing prior to conducting or performing such activities. Notwithstanding the foregoing or anything contained in this Agreement to the contrary, CNN Airport Network shall not have any obligation under this Agreement to perform or conduct 67272 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
any such research at the Airport except if and to the extent necessary to perform its payment obligations pursuant to Section 10 below. CNN Airport Network shall present its research conclusions with respect to the Service in genersd to the extent relevant to its operations at the Airport to the City upon reasonable request, however, CNN Airport Network shall retain all rights of ownership with respect to such research and conclusions related thereto. Notwithstanding the foregoing, it is expressly agreed that CNN Airport Network shall not be obligated to disclose to the City any research information, conclusions and/or data specifically related to one or more advertisers. CNN Airport Network agrees that it shall promptly respond to any complaints it may receive from customers at the Airport, or any complaints forwarded to CNN Airport Network by the City, and CNN Airport Network shall promptly advise City as to the nature of any complaint and CNN Auport Network's response thereto upon City's request.
10. REVENUE PARTICIPATION ARRANGEMENT.
A. Calculation of Sums Owed by CNN Airport Network. For the privileges granted to CNN Airport Network hereunder, CNN Airport Network shall pay to the City the greater of (i) the Guaranteed Amount, per quarter per the terms of this Agreement, or (ii) the City Revenue Share Pa)anent in accordance with the following. Within thirty (30) days of the beginning of each calendar quarter, CNN Airport Network shall delivervpayment of the Guaranteed Amount for the current quarter to the City. In addition, CNN Airport Network shall calculate the City Revenue Share Pajonent for the immediately preceding calendar quarter. If the City Revenue Share Payment for such prior quarter exceeds the Guaranteed Amount previously paid to the City for that quarter, CNN Airport Network shall pay the City the difference within thirty (30) days following the end of such calendar quarter. Commencing on the Effective Date and continuing until completion of the upgrade of the Exhibition Equipment, the Guaranteed Amount payable to the City hereunder shall be Fourteen Thousand Dollars ($14,000) per quarter. Commencing on the first day of the month following completion of upgrade of the Exhibition Equipment and continuing during the remainder of the Term, including any renewal period thereof, the Guaranteed Amount payable to the City hereunder shall be Twenty Five Thousand Dollars ($25,000) per quarter; the initial payment of such increased Guaranteed Amount shall be pro-rated for the quarter in which it becomes effective.
CNN Auport Network will continue to develop its methodology used to determine the City Revenue Share Payment, including the necessary calculation of viewership of the Service. Currently, CNN Airport Network uses enplanement figures and projected growth percentages from the Federal Aviation Administration for the airports receiving the Service and modifies those numbers on a consistent basis to consider and factor in the number of gates actually- receiving the Service at each airport. CNN Airport Network will keep the City advised of its methodology and will consider in good faith suggestions the City may have from time to time regarding the calculation methodology. The City understands, however, that such methodology must be applied in a uniform and consistent maimer to all airports receiving the Service so as to ensure fairness in calculating the applicable share of Service Revenue Pool payable to each participating airport. 7/29/2009 REPORTS OF COMMITTEES 67273
B. Payment. All payments hereunder to the City shall be sent to the following address: Comptrollers Office City of Chicago Enterprise Funds 333 S. State Street Suite 420 Chicago, II 60604-3976
The City hereby agrees to be solely responsible for distribution to any other party of such other party's portion of sums actually paid by CNN Airport Network to the City pursuant to this Agreement.
C. Sales. Use or Other Taxes. CNN Airport Network shall be solely responsible for the payment of all sales, use or other taxes levied upon the fees and other charges payable by CNN Airport Netvvork to the City hereunder, whether or not the same shall have been billed or collected by the City, together with any and all interest and penalties levied thereon, and CNN Airport Network hereby agrees to indemnify City and hold it harmless from and against all claims by any taxing authority that the amounts, if any, collected from CNN Airport Network and remitted to the taxing authority by City, or the amounts, if any, paid directly by CNN Airport Network to such taxing authority, were less than the total amount of taxes due, and for any sums including interest and penalties payable by City as a result thereof. The provisions of this Section shall survive the expiration or termination of this Agreement.
D. Additional Sums Due the City. If the City has paid any sum or has incurred any obligation or expense for which CNN Airport Network agreed to pay or reimburse City, or if City is required or elects to pay any sum or incur any obligation or expense because of the failure, neglect or refusal of CNN Airport Network to perform or fiilfiU any of the terms or conditions of this Agreement, then the same shall be deemed additional fees due hereunder, and CNN Airport Network shall, unmediately upon demand by the Commissioner, reimburse City therefor. In addition to either the Guaranteed Amount or City Revenue Share Payment, CNN Airport Network will pay the City an additional fee of Two Thousand Five Dollars ($2,500.00) per quarter.
E. Reports and Audits.
Within thirty (30) days of the end of each quarter after the first fiill quarter of the Term, CNN Airport Network shall deliver to the City^ a report which shall include all data, information and calculations used by CNN Airport Network to determine the City Revenue Share Payment payable hereunder for that quarter, including the amount of any payments made to the appropriate entity at each of the other participating airports. Upon written request of the City, CNN Airport Network shall make certain records avjiilable to the City for review during normal business hours as necessary to ascertain that the payments required hereunder have been made to the City in accordance with this Agreement.
City retains the right to conduct an audit of CNN Airport Network's books, records and elecfronic data at any time and without prior notice. Such information may include. 67274 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
without limitation, business summaries, worksheets or files used to accumulate sales data or calculate sales or commissions owed to City, bank statements, and any agreements affecting revenues to the extent necessary to determine if proper payments have been made. Notwithstanding the foregoing, the City shall have no right to review any of CNN Airport Network's books and records related to sales projections, or any confidential information related to CNN Airport Network's individual advertisers to the extent not necessary to determine sums due to City. If City requests that CNN Airport Network provide any such information, it shall do.so within thirty (30) calendar days. Should any such examination, inspection or audit disclose an underpayment of greater than ten percent (10%) by CNN Airport Network, CNN Airport Network shall promptly reimburse City for the amount of such underpayment plus the cost of City's audit, including any fees and costs for legal counsel or other necessary services.
Within one hundred and twenty (120) days of the beginning of each calendar year, CNN Airport Network shall deliver to the City a report summarizing CNN Airport Network's Service Revenue, the Service Revenue Pool, the City Revenue Share Payment, and the calculations used to determine those amounts, and the total amount paid to and/or owed to all participating airports (or their designees), including the Airport, for the immediately preceding calendar year. The report shall be prepared or verified by an independent, nationally recognized accounting firm, selected at CNN Airport Network's sole discretion and prepared by CNN Airport Network in its sole cost.
11. PROTECTION OF THE SERVICE.
A. The City shall not have any right to record, duplicate, or redistribute all or any portion of the Service nor shall the City authorize any such recording, duplication, or redistribution of the Service unless specifically and expressly authorized in advance in writing by CNN Airport Network. The City agrees to cooperate fully and in good faith with CNN Airport Network and/or its agent or representative for the purposes of securing and preserving CNN Airport Network's rights herein and in and to the Service.
B. City shall not be liable to CNN Airport Network for any loss of business or damages sustained by CNN Airport Network as a result of any change in the operation or configuration of, or any change in any procedure governing the use of, the terminal complex or the Airport or any terminal therein.
12. DISCLAIMER.
Neither CNN Airport Network nor its suppliers nor any person or entity acting for or on behalf of CNN Airport Network has made or makes any warranties, express or implied, including, without limitation, implied warranties of merchantability or fitaess for a particular purpose with respect to any product or service to be supplied by CNN Airport Network hereunder, all of which warranties are hereby expressly disclaimed. CNN Airport Network shall not have any liability to the City under any circumstances whatsoever for any incidental, indirect or consequential damages. 7/29/2009 REPORTS OF COMMITTEES 67275
13. INDEMNITY.
A. Indemnification. CNN Airport Network agrees to indemnify, save hold harmless and defend City, its officers, agents, elected officials, volunteers and employees from and against all losses, claims, demands, actions, damages, costs, charges and causes of action of every kind or character, including without limitation reasonable attorney's and expert's fees and other similar fees, and including without limitation, statutory liability, liability under Workers' Compensation Laws and liability under any federal, state or local environmental laws or regulations, to the extent arising directly or indirectly out of (1) CNN Airport Network's operations at the Airport or in connection with any of CNN Airport Network's rights and obligations contained in this Agreement, including, but not limited to, any and all claims for damages as a result of the injury to or death of any person or persons, or damage to any property which arises as a result of any act or omission on the part of CNN Airport Network or its officers, partners, employees, agents, contractors or subcontractors, regardless of where the damage, injury or death occurred, and including, but not limited to, any and all claims for damages arising from a claim of infringement of any copyright, trademark or patent, or (2) to the extent damages are otherwise caused by CNN Airport Network's intentionally wrongfiil, reckless or negligent performance or failure to perform hereunder. If City's tender of defense based upon this indemnity provision is rejected by CNN Airport Network, and CNN Airport Network is later found by a court of competent jurisdiction to have been required to indemnify City, then in addition to any other remedies City may have, CNN Airport Network shall pay City's reasonable costs, expenses and attorney's fees incurred in proving such indemnification, defending itself, or enforcing this provision. Nothing herein shall be construed to require CNN Airport Network to indemnify City against City's sole negligence. The City shall give CNN Airport Network reasonable notice of any suit or claim for which indemnification will be sought under this Section 13, allow CNN Airport Network and/or its insurer to reasonably compromise and defend the same to the extent of its interests and reasonably cooperate v^ith the defense of any such suit or claim. In carrying out its obligations under this Section 13, CNN Airport Network shall use counsel reasonably acceptable to the City. The provisions of this Section 13 and Section 13.B. below shall survive the expiration or earlier termination of this Agreement.
B. Insurance. During the Term, CNN Airport Network, at its own cost and expense, shall purchase commercial general liability insurance coverage as the Commissioner may reasonably require from time to time, protecting CNN Airport Network, the Airport, the City and the officers, agents and employees of each, from and against any and all liabilities arising out of CNN Airport Network's operations under this Agreement. Such insurance shall be maintained by CNN Airport Network throughout the Term of this Agreement in accordance with Exhibit D attached hereto and incorporated by reference.
14. DAMAGE OR DESTRUCTION.
A. Relief in Event of Significant Damage. If any portion of the Airport facilities in which CNN Airport Network operates hereunder, or any portion of the cabling network supplied by the City and used in connection with the Service is destroyed or damaged by fire, explosion, the elements, the public enemy, or other casualty, and such destruction or damage materially interferes with CNN Airport Network's operation of the Service, CNN shall not be required to restore such portion. In the even that such damage or destruction impairs exhibition 67276 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
of the Service at fifty percent (50%) or greater of the total Approved Installation Areas, the Guaranteed Amount and City Revenue Share Payments shall be equitably abated during any period that CNN Airport Network's operation or exhibition of the Service is prevented or impaired as a result of such damage or destmction.
B. Damages Caused by CNN Airport Network.
Notwithstanding the foregoing, if the damage or destruction referred to above is caused solely by the negligent act or omission of CNN Airport Network, its officers, agents, servants, employees, contractors or subcontractors, the City may, in its discretion, require CNN Airport Network to promptly complete repair and reconstmction of the damaged or destroyed facilities or cabling, or any portion thereof, and pay the costs thereof, or the City may repair and reconstruct said facilities or cabling and CNN Airport Network shall be responsible for reimbursing the City for the costs and expenses incurred in such repair or reconstruction.
C. Limits to the City's Repair or Reconstruction.
The City shall have no obligation to CNN Airport Network to repair damage to the Airport's facilities or cabling, and the City shall in no event be obligated to repair, replace or reconstruct any Service equipment or other property of CNN Airport Network or to pay any cost with respect thereto. CNN Airport Network shall be solely responsible for the repair, replacement or reconstruction of its equipment and any improvements installed by CNN Airport Network.
15. DEFAULT BY CNN AIRPORT NETWORK.
A. Events of Default. Any of the follovring events shall constitute an Event of Default hereunder:
1. The failure of CNN Airport Network to make any payment required to be made by CNN Airport Network hereunder when due as herein provided, which failure is not remedied within ten (10) days after receipt by CNN Airport Network of the Commissioner's written demand;
2. The failure of CNN Airport Network to provide any financial report required to be submitted to the City or any officer or employee thereof by CNN Airport Network when due as herein provided, which failure is not remedied within ten (10) days after receipt by CNN Airport Network of the Comiriissioner's written demand;
3. The failure of CNN Airport Network to keep, observe or perform any of the other covenants or agreements herein required to be kept, observed or performed by CNN Airport Network and continued failure to observe or perform any such covenant or agreement after a period of thirty (30) days after receipt by CNN Airport Network of the Commissioner's written demand or in the event such default cannot reasonably be cured and/or performed within the thirty (30) day period, to commence the cure of such default within such thirty (30) day period and pursue such cure diligently to completion; 7/29/2009 REPORTS OF COMMITTEES 67277
4. The discovery by the Commissioner that any material statement of fact fiimished by CNN Airport Network in cormection with its proposal for this Service is false or materially misleading;
5. Failure to continuously operate the Service during the Term hereof without the prior written consent of the City, except as permitted under the provisions of this Agreement;
6. Commencement by CNN Airport Network, in any court pursuant to any statute of the United States or of any State, territory or government, of an insolvency or bankruptcy proceeding, including, without limitation, a proceeding for liquidation, reorganization or for the adjustment of its indebtedness;
7. Commencement of any insolvency or bankruptcy proceeding (including, without limitation, a proceeding for liquidation, reorganization or for adjustment of indebtedness) against CNN Airport Network, if an order for relief is entered against such party emd the same is not stayed or vacated within thirty (30) days eifter entry thereof, or if such party fails to secure a discharge of the proceedings within sixty (60) days after the filing thereof;
8. The making by CNN Airport Network of an assignment for the benefit of its creditors or the filing of a petition for or the entering into an arrangement with its creditors;
9. The appointment or sufferance of a receiver, trustee or custodian to take possession of all or substantially all of the property of CNN Airport Network or of any guarantor or surety of this Agreement, whether or not judicial proceedings are instituted in connection with such appointment or sufferance;
10. The placement of any lien upon any improvements, fixtures, frade fixtures, signs, equipment or other property installed or used by CNN Airport Network at the Airport which is not discharged of record within thirty (30) days, or any levy under any such lien;
B. Remedies Upon CNN Airport Network's Default. Upon the occurrence of any Event of Default, as defined in Section 15.A above, the City, may pursue any of the following remedies, and/or such other remedies as may be available to the City at law or in such equity:
1. The City may terminate this Agreement by giving notice thereof to CNN Airport Network. In such event, the Term of this Agreement shall cease as of the date of such notice of termination and any and all rights, title and interest of CNN Airport Network hereunder shall likewise cease without fiirthernotic e or lapse of time, as fully and with like effect as if the entire Term or any option period of this Agreement had elapsed; or
2. Without terminating this Agreement, terminate CNN Airport Network's right of access to the Approved Installation Areas and right to retake possession of the 67278 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
Service Equipment, and seek recovery of damages available under law from CNN Airport Network. Upon entry of judgment for such damages, as described above, this Agreement shall be deemed to be terminated.
C. Further Provisions Regarding Default.
1. In any event and irrespective of any option exercised, CNN Airport Network shall pay to the City upon demand all of the unpaid fees and other sums due from CNN Airport Network hereunder prior to the date that the City terminates the Agreement or CNN Airport Network's right of access to the Approved Installation Areas, and all of the City costs, charges and expenses, including reasonable attorney's fees, and fees of agents and others retained by the City, incurred in connection with the recovery of, or attempt to recover, sums due under this Agreement, because of the breach of any covenant, or in pursuance of any other relief against CNN Airport Network, and including, with respect to the options set forth in Section 15.B.2 above.
2. No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement shall be taken to constitute a waiver of any subsequent breach of such covenant or condition or to justify or authorize the non-observance on any other occasion of the same or of any other covenant or condition hereof The acceptance by the City of any sums from CNN Airport Network at any time when CNN Airport Network is in default under covenant or condition hereof shall not be construed as a waiver of such default or of the City's right to exercise any remedy arising out of such default, nor shall any waiver or indulgence granted by the City to CNN Airport Network be taken as an estoppel ag£unst the City, it being expressly understood that the City may, at any time thereafter, if such default continues, exercise any such remedy in the manner hereinbefore provided or as otherwise provided by law or in equity.
3. The rights and remedies given to the City by this Agreement shall not be exclusive, and in addition thereto, the City shall have such other rights and may pursue such other remedies as are provided by law or in equity. All such rights and remedies shall be deemed to be cumulative, and the exercise of one such right or remedy by the City shall not impair its standing to exercise any other right or remedy.
4. It is expressly agreed that in the event of default by CNN Airport Network hereunder, the City shall have a lien upon all goods, chattels, personal property and equipment of any description belonging to CNN Airport Network which are located on, or become a part of the premises or any improvements thereto, as security for any fees or other charges which are then due or which become due for the remjiinder of the Term of this Agreement, which lien shall not be in lieu of or in any way affect the statutory landlord's lien given by law, and CNN Airport Network shall not remove or permit the removal of any of such property until all defaults under this Agreement have been cured.
5. CNN Airport Network hereby waives trial by jury in any action, suit or proceeding related to, arising out of or in coimection with the terms, conditions, and covenants of this Agreement. 7/29/2009 REPORTS OF COMMITTEES 67279
16. OTHER TERMINATION RIGHTS.
A. The City. In addition to City's rights set forth in section 15 in connection with a default by CNN Airport Network, in the event that any one of the following circumstances should occur, the City may, at its option, terminate this Agreement or CNN Airport Network's right to use specific sites as the City may determine:
1. City determines to pursue constmction at the Airport that will significantly impact sites used by CNN Airport Network, or that will result in a discontinued or materially different use of portions of City's facilities.
2. The City determines in its sole reasonable discretion and notifies CNN Airport Network that the Service provided hereunder causes significant interference with the orderly operation of the Airport's primary business of facilitating air travel and no modification of the Service that is acceptable to CNN Airport Network will satisfactorily remedy the interference.
B. CNN Airport Network. In the event that one of the following circumstances should occur, CNN Airport Network may, at its sole option, terminate the Agreement upon giving thirty (30) days written notice to the City:
1. CNN Airport Network's determination, in its sole discretion, to discontinue providing the Service to airports within the United States of America;
2. The default by the City in the performance of any material covenant or agreement herein required to be performed by the City, and the failure of the City to remedy such default for a period of thirty (30) days after receipt of written notice by CNN Airport Network to remedy the same; or
3. The inability of CNN Airport Network to deliver the Service or otherwise perform its obligations as contemplated hereunder by reason of any law, regulation or act of any governmental authority or court of competent jurisdiction.
C. Effect of Termination. Upon any termination of this Agreement pursuant to the terms of Section 16.B above, CNN Airport Network shall be relieved of any and all liability for further payment obligations hereunder, except with respect to amounts owing but unpaid to the City by CNN Airport Network for any period prior to the date of termination, or other acts or omissions of CNN Airport Network occurring prior to the date of termination.
17. ASSIGNMENT; SUBCONTRACTORS; THIRD PARTY BENEFICIARIES.
A. City's Rights to Approve Assignments and Subcontracts. CNN Airport Network shall not sell, assign, sublease or transfer this Agreement or any of its rights and privileges hereunder or permit any such sale, assigrmient, sublease or transfer to occur by operation of law, or confract for the performance of any of the services to be provided by it hereunder without the City's prior written approval, which approval may be granted or withheld 67280 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
by the City in the exercise of its sole discretion. The City may condition its approval of any such sale, assignment, sublease or transfer upon the payment to the City by CNN Airport Network of all or any portion of any fees CNN Airport Network receives from such purchaser, assignee, sublessee or transferee in excess of the fees (or a pro rata portion of the fees determined by the City to be attributable to the space that is the subject of such sale, assignment, sub-lease or transfer) payable to the City by CNN Airport Network under this Agreement. Any cost of considering or approving such a request for assignment or subcontract shall be borne by CNN Airport Network. This section is in addition to CNN Airport Network's obligation to notify the City of any change in ownership as required by the Economic Disclosure Statements, and such applicable state and local laws.
B. Change of Control. If CNN Airport Network is a corporation, the issuance or sale, transfer or other disposition of a sufficient number of shares of stock in the company to result in a change of control of CNN Airport Network shall be deemed an assignment of this Agreement for purposes of this Section 17. If CNN Airport Network is a partnership, transfer of any interest in the partnership, which results in a change in control of such CNN Airport Network, shall be deemed an assignment of this Agreement for purposes of this Section 17.
C. Subcontractors and Employees. Notwithstanding the foregoing, the City expressly acknowledges CNN Airport Network's right to engage the services of one or more third parties to assist CNN Airport Network in the performance of its obligations and responsibilities hereunder; provided, however, that any such third parties performing functions at the Airport meet any requirements imposed by the City on confractors providing similar services to the Airport, and by engaging any such third party, CNN Airport Network shall not be relieved of any obligation or representation hereunder.
D. Disadvantaged Business Enterprise ("DBE"). CNN Airport Network shall achieve a thirty percent (30%) DBE participation rate for this Agreement through its subcontract with Cal Communications, a certified Airport Concessions DBE. CNN shall comply with the Airport Concessions Disadvantaged Business Enterprise ("ACDBE") Special Conditions attached hereto as Exhibit F and complete Schedules C and D as appropriate.
18. WAIVER OF CLAIMS.
CNN Airport Network hereby waives any and all claims it now has or may hereafter have against the Airport and the City, its officers, agents or employees, for any loss of anticipated profits caused by any suit or proceeding attacking directly or indirectly the validity of this Agreement or any part thereof, or by any judgment or award in any suit or proceeding declaring this Agreement null and void or voidable, or delaying the same or any part thereof from being carried out. CNN Airport Network fiirther hereby waives any and all claims for compensation for any and all loss or damage sustained by reason of any delay in making the premises available to CNN Airport Network or by reason of any defects or deficiencies in the premises or because of any interruption in any of the services thereto, including, but not limited to, power, gas, telephone, heating, air-conditioning or water supply systems, drainage or sewage systems, and CNN Airport Network hereby expressly releases the Airport and the City from any and all demands, claims, actions, and causes of action arising from any of such causes. 7/29/2009 REPORTS OF COMMITTEES 67281
19. CITY'S RIGHT TO REPAIR OR ALTER FACILITIES.
Notwithstanding any other provisions herein contained, the City shall have the absolute right to make any repairs, alterations and additions to the terminal complex, free from any and all liability to CNN Airport Network for disruption to CNN Airport Network's activities during the completion of any such repairs, alterations or additions or for any loss of business or damages sustained by CNN Airport Network for whatever reason as a result of the making of any such repairs, alterations or additions. Notwithstanding the foregoing, (and subject to the pertinent provisions with respect to removal and relocation of Service Equipment contained in Section 5 above), the City agrees to use reasonable efforts to notify CNN Airport Network of the need to make such repairs, alterations and/or additions in advance in an effort to minimize any disruption to CNN Airport Network's operations.
20. REQUIRED. GENERAL AND MISCELLANEOUS PROVISIONS.
A. Agreements vrith the United States, State of Illinois, Cook County, and City. This Agreement shall be subject to all restrictions of record affecting the Airport and the use thereof, all federal, state, county and city laws, and regulations affecting the same, and shall be subject and subordinate to the provisions of zuiy and all existing agreements between the City and various airline tenants (e.g. "Use Agreements"), the Airport or City and the United States of America, the State of Illinois, Cook County, or their boards, agencies or commissions, and to any future agreements between or among the foregoing relative to the operation or maintenance of the Airport, the execution of which may be required as a condition precedent to the expenditure of federal, state, county or city funds for the development of the Airport, or any part thereof All provisions hereof shall be subordinate to the right of the United States to occupy or use the Airport, or any part thereof, during time of war or national emergency.
B. Right to Amend. In the event that the Federal Aviation Administration or its successors require modifications or changes in this Agreement as a condition precedent to the granting of its approval or to the obtaining of funds for improvements at the Airport, CNN Airport Network hereby consents to any and all such modifications and changes as may be reasonably required except that, if any such modifications and/or changes have a material adverse effect on CNN Airport Network's operations, CNN Airport Network may, in lieu of consenting to such changes, elect to terminate this Agreement by written notice to the City within thirty (30) days after the date that CNN Airport Network is required to consent to such changes.
Likewise, CNN Airport Network shall comply with laws of the State of Illinois, prohibiting discrimination because of race, color, religion, sex, national origin, age, handicap or marital status. Should CNN Airport Network authorize another person or entity, with City's prior written consent, to provide Services or benefits in cormection with its rights or obligations under this Agreement, CNN Airport Network shall obtain from such person or entity a written agreement pursuant to which such person or entity shall, with respect to the Services or benefits which it is authorized to provide, undertake for itself the obligations contained in this Section 20. CNN Airport Network will fiimish the original or a true copy of such agreement to the City. 67282 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
C. Governing Law. This Agreement shall be governed by and constmed in accordance with the laws of the State of Illinois, (without regard to the principles of conflict of laws thereof). The venue for any action arising out of or in connection with this Agreement shall be the state or federal courts in Cook County, Illinois.
D. Compliance with All Laws. CNN Airport Network will at all times observe and comply, and will cause its subcontractors to observe and comply, with all applicable federal, state and local laws, ordinances, mles, regulations, and executive orders, now existing or hereinafter in effect, which may in any manner affect the performance of this Agreement. Provision(s) required by law, ordinance, rules, regulations, or executive orders to be inserted in this Agreement will be deemed inserted, whether or not they appear in this Agreement. Exhibit C, "Compliance with All Laws" is a non-exclusive list of the laws that CNN Airport f'-*-"'^'-!' must comply with. E. FAA Nondiscrimination Clause. c 1. CNN Airport Network, for itself, its heirs, personal repi successors in interest, and assignees, as a part of the consideration hereof, hereby cov agrees to comply with all requirements imposed pursuant to 49 CFR Part 21, Nondisc in Federally Assisted Programs of the Department of Transportation, and as said Regi may be amended.
2. CNN Airport Network, for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, hereby covenants and agrees that:
a. no person on the grounds of sex, creed, race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the provision of the Service to the Airport;
b. that in the construction of any improvements on, over, or under the Approved Installation Areas and the ftunishing of services thereon, no person on the grounds of sex, creed, race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and
c. that CNN Airport Network shall use the Approved Installation Areas in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said regulations may be amended.
3. In the event of a breach of any of the nondiscriminatory covenants pursuant to Part 21 of the Regulations of the Office of the Secretary of Transportation, as zimended, the City shall have the right to terminate this Agreement as if said Agreement had never been made or issued. 7/29/2009 REPORTS OF COMMITTEES 67283
4. CNN Airport Network does hereby agree to include the above clauses in all subleases relating to this Agreement and cause such sublessees to similarly include clauses in fiirther subleases. Nothing herein contained shall be construed to grant or authorize the granting of an exclusive right forbidden by Section 308 of the Federal Aviation Act of 1958, as amended.
F. FAA Airport Protection Clause. CNN understands and agrees that the City reserves the right of flight for the passage of aircraft above the surface of leased premises hereunder in accordance with Federal Aviation Administration criteria, and such right of flight shall include the right to cause in such airspace such noises as may be inherent to the operation of aircraft now known or hereafter used for navigation of or flight in the air; and that City reserves the right to use said airspace for landing at, taking off from or operating aircraft on or over said Airport.
G. Right to Modify. The parties hereto covenant and agree that, during the Term hereof, the City, upon advice of its legal counsel, may unilaterally modify this Agreement in order to conform to judicial or Federal Trade Commission rulings or opinions. This Section shall not preclude CNN Airport Network from contesting said rulings or opinions, but CNN Airport Network shall abide by the unilateral change while such a challenge is pending. Except as otherwise specifically provided in this Agreement, this Agreement may not be modified except by a written instrument signed by both parties.
H. Remedies: Attomey's Fees and Costs. All remedies provided to the City in this Agreement shall be deemed cumulative and additional, and not in lieu of or exclusive of each other or of any other remedy available at law or in equity arising hereunder. In the event that any legal proceedings at law or in equity arise hereunder or in cormection herewith (including any appellate proceedings or bankruptcy proceedings), the prevailing party shall be awarded costs, reasonable attorneys' fees, paralegal fees and reasonable expert witoess fees incurred in connection with such legal proceedings.
I. CNN Airport Network represents that it has not:
1. Provided an illegal gift or payoff to a City officer or employee or former City officer or employee, or his or her relative or business entity;
2. Retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business;
3. Knowingly breached any of the ethical standards set forth in City's conflict of interest ordinance, or knowingly influenced, and hereby promises that it will not knowingly influence, a City officer or employee or former City officer or employee to breach any of the ethical standards set forth in City's conflict of interest ordinance. 67284 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
J. Public Announcements. The parties agree to use their respective best efforts to cooperate with each other regarding the timing and the content of any public releases, promotional materials, or other announcements related to this Agreement or the Service (to the extent the other party is referenced in such materials) prior to the issuance thereof; provided, however, that the City shall obtain CNN Airport Network's prior written consent if any such release or public announcement includes the frade name, trademark or service mark of CNN Airport Network or one of its affiliated entities.
K. Confidentiality. Except as may be required by law during or after the performance of this Agreement, neither party may disseminate any non-public information regarding this Agreement without the prior written consent of the other party, which consent will not be unreasonably withheld or delayed. If either pauly is presented with a request for documents by any administrative agency or with a subpoena duces tecum regarding any documents that may be in its possession by reason of this Agreement, such party must immediately give notice to the other party's counsel. The non-disclosing party may contest the process by any means available to it before the records or documents are submitted to a court or other third party. The disclosing party, however, shall not be obligated to withhold the delivery beyond that time as may be ordered by the court or adminisfrative agency, unless the subpoena or request is quashed or the time to produce is otherwise extended. CNN Airport Network must require each prospective subcontractor to abide by such restrictions in connection with their respective subconfracts.
L. Regulations of City. The rights and privileges granted to CNN Airport Network hereunder shall at all times be subject to the reasonable rules and regulations of the City as the same are now or may hereafter be prescribed through the lawful exercise of its power, including, but not limited to, all applicable provisions of the Airport Rules and Regulations as the same may be amended from time to time.
M. Notices. All notices, requests, claims, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given on the date delivered if delivered in person or by telecopy or telex (where written confirmation is provided and receipt is verbally confirmed), or by overnight courier (so long as the courier issues a receipt), or on the third (3rd) business day after it is mailed if mailed by registered or certified mail, postage prepaid, retum receipt requested, and mailed in the United States to the respective parties as follows:
If to CNN Airport Network: AC Holdings, Inc. One CNN Center, SE 07 Atianta, Georgia 30303-2762 Atta: General Manager/CNN Airport Network Fax No.: (404) 827-4434
with a copy to: Tumer Broadcasting System, Inc. One CNN Center, 13 North Atianta, Georgia 30303-2762 Atto: General Counsel Fax No.: (404) 827-1995 7/29/2009 REPORTS OF COMMITTEES 67285
If to the City: Department of Aviation 10510 W Zemke Road Chicago, IL 60666 Attn: Mr. Jorge Perez, Deputy Commissioner of Aviation
or to such other person's attention or to such other address as either party may have fiimished to the other in writing in accordance herewith, except that notices of change of address shall be effective only upon actual receipt.
In addition, all (a) communications concerning disputes about debts that are owed or may be owed pursuant to this Agreement, and (b) instmments in less than the full amount claimed by the City and tendered as fiill satisfaction of a disputed debt or other amount owed, shall be sent by overnight courier to the following:
Tumer Private Networks, Inc. Atta: Controller One CNN Center SE07 Atianta, Georgia 30303-2762
Notwithstanding the foregoing, failure to comply with this notification concerning disputes about debts or instruments in less than full amount shall not result in any waiver of diminution of any claim by City.
N. No Third-Party Beneficiaries. Nothing contained in this Agreement shall be constmed to confer upon or give to any person or entity other than the parties hereto, any rights or benefits or remedies under or by reason of this Agreement. Further, no party to this Agreement shall have any rights hereunder not expressly granted to such party herein.
O. Miscellaneous Provisions.
1. CNN Airport Network and its employees shall promptiy observe and comply with applicable provisions of all municipal, county, state or federal laws, ordinances, regulations or rules which govem or apply to CNN Airport Network or to its operations hereunder.
2. CNN Airport Network shall, at its own cost and expense, procure and keep in force during the Term of this Agreement, all necessary licenses, regisfrations, certificates, bonds, permits, and other authorizations as are required by law in order for CNN Airport Network to operate from the premises granted hereunder, and shall pay all taxes (including sales and use taxes), assessments (including, without limitation, stormwater utility fees), excises, license, certification, permit and examination fees and impact fees which may be zissessed, levied, exacted or imposed by all governmental authorities having jurisdiction, on CNN 67286 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
Airport Network's property, on its operations, on its gross receipts, on its income, on this Agreement and the fees payable to the City hereunder, on the rights and privileges granted to CNN Airport Network herein, on the premises and on any and all improvements on the premises, and CNN Airport Network shall make and file all applications, reports, and returns required in connection therewith.
3. CNN Airport Network agrees to repair promptly, at its sole cost and expense and in a manner acceptable to the City, any damage caused by CNN Airport Network or any of its officers, agents, employees, confractors, subconfractors, licensees or invitees to the Airport or any improvements or property located thereon.
4. CNN Airport Network is not authorized to act as the City's agent hereunder and shall have no obligation to the City, express or implied, to act for or bind City hereunder and nothing contained in this Agreement shall be deemed or construed by the City or CNN Airport Network or by any third party to create the relationship of partnership or of joint venture. No provision of this Agreement shall be deemed to make the City the joint employer of any employee of CNN Airport Network.
5. The City, through its designated agents, shall have the right during CNN Airport Network's normal business hours (and at any time during an emergency) to inspect the premises and the property of CNN Airport Network located thereon, in order to enforce this Agreement, to enforce applicable laws and regulations, and to protect persons and property.
6. The headings herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope or intent of any provision of this Agreement.
7. Time is expressed to be the essence of this Agreement.
8. This Agreement will inure to the benefit of and shall be binding upon tae parties hereto and their authorized successors and assigns.
9. If any covenant, condition or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such holding shall not affect the validity of any other covenant, condition or provision contained herein.
10. Except as otherwise provided herein, if certain action may be taken only with the consent or approval of the Commissioner or the City, or if a determination or judgment is to be made by the Commissioner or the City, such consent or approval may be granted or withheld, or such determination or judgment shall be made, in the sole discretion of the Commissioner or the City.
11. The City is in the process of planning and implementing development at the Airport. City reserves the right to pursue the planning, financing and constmction of new facilities of any nature as the City may determine to accommodate the City's business needs, and the City deems desirable in connection therewith. The City also reserves the 7/29/2009 REPORTS OF COMMITTEES 67287
right to require CNN Airport Network to remove or relocate portions of the Service Equipment impacted by construction prior to the term hereof in order to commence construction.
P. Entire Agreement. This Agreement, together with the Exhibits attached hereto and referenced, constitutes the entire agreement between the parties hereto with respect to the subject matter hereof^ and any prior agreements, representations or statements made with respect to such subject matter, whether oral or written, and any contemporaneous oral agreements, representations or statements with respect to such subject matter, are merged herein.
IN WITNESS WHEREOF, the parties hereto have caused then duly authorized officers to execute this Agreement on the date first above written.
AC HOLD:
By: Deborah L. President CNN Airport Network
THE CITY OF CHICAGO
By: Name: Title:
(Sub)Exhibits "A", "B", "C", "D", "E" and "F" referred to in this CNN Airport Network® Programming Service Agreement with AC Holdings, Inc. read as follows: 67288 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
(Sub)Exhibit "A". (To CNN Airport Network® Programming Service Agreement With AC Holdings, Inc.)
Approved Installation Areas.
Terminal 1/Concourse B
Gates:
1 14
2 15 (served by 14)
3 (served by 4) 16
4 16A (served by 16)
5 17 (served by 17A)
6 (served by 5) 17A
7 18
8 (served by 7) 19
9 0-1
10 (served 9) 22 (served by 21)
11 22A (served by 21)
12
Terminal 1/Concourse C
Gates:
1 3 (served by 1)
2 (served by 1) 4 (served by 6) 7/29/2009 REPORTS OF COMMITTEES 67289
Terminal 1/Concourse C (con't.)
Gates:
5 (served by 7) 18A
6 19
7 20
10 21
10A (served by 10) 22
11 23
12 27
15 28
16 29 (served by 31)
16A (served by 16) 30 (served by 31)
17 31
18 (served by 18A) 32 (served by 31)
Terminal 2/Concourse E
Gates:
2 8
2A (served by 2) 9
6 10 (served by 8)
7 12 67290 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
Terminal 2/Concourse F
Gates;
2 10
3 (served by 2) 11A
4 (served by 4A) 11B (served by 11A)
4A 11C (served by 11 A)
5 12
7 12A (served by F12)
8 14
9
Terminal 3/Concourse G
Gates:
1A (served by IB) 6B (served by 6A)
1B 9
2A (served by 28) 11 (served by 9)
2B 12 (served by 16)
3 (served by 5) 16
4 (served by 6A) 19
5 19A (served by 19)
6A 7/29/2009 REPORTS OF COMMITTEES 67291
Terminal 3/Concourse H
Gates:
1A/B 9
2 (served by 1A/B) 10
3A/B 11B
12
5 13
6 (served by 5) 14
8 16
Terminal 3/Concourse K
Gates:
1 10
2 11
3 12
4 13 (served by 11)
5 (served by 4) 14
6A (served by 6B) 15
6B 16
7 (served by 9) 17 (served by 19)
8 19
9 67292 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
Terminal 3/Concourse L
Gates:
2A (served by 4) 7 (served by 9)
2B (served by 4) 8
3 9
4 10
5 10B (served by 10)
6
Terminal 5/Concourse M
Gates:
5
6
7 (served by 6)
8
9 (served by 8)
10 (served by 11)
11
12
13
14
15 (served by 14) 7/29/2009 REPORTS OF COMMITTEES 67293
Other Locations:
Terminal 1 Bag Claim
Terminal 2 Bag Claim
Terminal 2 Concourse Connector
Terminal 3 Bag Claim
Terminal 3 Concourse Connector
Terminal 5 Concourse M Food Court
Terminal 5 Customs Bag Claim
Terminal 5 Meeters & Greeters/Arrivals Lobbies
(Sub)Exhibit "B". (To CNN Airport Network® Programming Service Agreement With AC Holdings, Inc.)
Summary Of AC Holdings, Inc. 's Policies And Practices Regarding The Acceptance Of Advertising And Promotions On CNN Airport Network.
This summary is not a statement, representation or warranty that these policies and practices are in compliance with the applicable codes or laws governing advertising in any of the countries or territories covered by the transmission of CNN Airport Network. CNN Airport Network is solely responsible for all Programming and any and all claims arising out of or in response to the Programming are expressly covered by the indemnity provisions of this Agreement.
CNN Airport Network reserves the right to review all advertising and to accept, reject or require editing of any advertisement or promotional message for any reason whatsoever, including but not limited to, those it deems false, misleading, deceptive, offensive, in poor taste, and/or inconsistent with the editorial content of the programming, network or web site. All advertisements must comply with the applicable laws, rules and regulations of the countries or territories covered by the transmission of the services. Without limiting the generality of the foregoing, certain categories of advertisements will not be accepted without AC Holdings' prior consent, which such consent may be withheld by AC Holdings for any reason whatsoever. These categories include the following: 67294 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
1. Advocacy Advertisements. An advocacy advertisement is any advertisement that advocates a political, religious or controversial public position.
2. Cigarettes or Tobacco Advertisements.
3. Betting or Gambling Advertisements.
4. Firearms Advertisements.
5. Competitive Advertisements. A competitive advertisement is any advertisement that promotes or features a television network or program not owned by Turner Broadcasting System, Inc.
6. 900 Phone Number Advertisements.
7. Contraceptive Advertisements.
8. "NC-17" Rated Movie Advertisements.
9. Adult Entertainment Advertisements.
10. "R" Rated Movie Advertisements.
11. "M" Rated Electronic (computer or video) Games Advertisements.
12. Hard Liquor Advertisements between 9:00 A.M. and 5:00 P.M. (local time). Hard liquor advertisements are permitted before 9:00 A.M. and after 5:00 P.M.. All such advertisements must be in good taste and compliant with industry guidelines.
13. "High Risk" Investments (e.g. commodities, options, foreign exchange) Advertisements.
14. "High Risk" Business Opportunities (e.g. "get rich quick" schemes and business opportunities) Advertisements.
15. Herbal Supplements or Weight Loss Products Advertising with sensational claims.
The above is not intended to be comprehensive and is provided only as summary guidance with respect to AC Holdings' advertising policies and practices. AC Holdings reserves all rights necessary to amend, modify and/or supplement this summary at any time. 7/29/2009 REPORTS OF COMMITTEES 67295
A. General: The CNN Airport Network will at all times observe and comply, and will cause its contractors to observe and comply, with all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, now existing or hereinafter in effect, which may in any manner affect the performance of the License. Provision(s) required by law, ordinance, rules, regulations, or executive orders to be inserted in this License will be deemed inserted, whether or not they appear in this License.
B. Airport Rules and Regulations: The CNN Airport Network will comply, and will use all reasonable efforts to cause its contractors to comply with all rules and regulations governing the conduct and operation of the Airport, which may be promulgated from time to time by the Commissioner.
C. Non-Discrimination:
1. General Requirements:
a. It will be an unlawful employment practice for the CNN Airport Network to fail to hire, to refuse to hire, to discharge, or to discriminate against any individual with respect to compensation, or the terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, age, handicap, or national origin; or to limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or othenwiser adversely affect such individual's status as an employee, because of such individual's race, color, religion, sex, age, handicap, or national origin.
b. The CNN Airport Network will comply with The Civil Rights Act of 1964, 42 U.S.C. Sec. 2000 et seq. (1981), as amended. The CNN Airport Network will further comply with Executive Order No. 11,246, 30 Fed. Reg. 12,319 (1965), reprinted in 42 U.S.C. 2000(e) note, as amended by Executive Order No. 11,375 32 Fed. Reg. 14,303 (1967) and by Executive Order No. 12,086, 43 Fed. Reg. 46,501 (1978); the Age Discrimination Act, 43 U.S.C. Sec. 6101-6106 (1981); the Rehabilitation Act of 1973, 29 U.S.C. Sec. 793-794 (1981); the Americans with Disabilities Act, P.L 101-336; 41 C.F.R. part 60 et seq. (1990); Air Gamers Access Act, 49 U.S.C.A. 1374; and, FAA Circular No. 150/5100 15A.
2. State Requirements: The CNN Airport Network will comply with the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq. (1990), as amended; the Discrimination in Public Contracts Act, 775 ILCS 10/0.01 et seq. (1990), as amended; and the Environmental Barriers Act., 410 ILCS 25/1 et seq.
3. City Requirements:
a. The CNN Airport Network will comply with the Chicago Human Rights Ordinance, Chapter 2-160, Section 2-160-010 et seq. of the Municipal Code (1990), as amended. 67296 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
b. Further, the CNN Airport Network will furnish such reports and information as requested by the Chicago Commission of Human Relations.
4. contractors: The CNN Airport Network agrees that all of the above provisions will be incorporated in all agreements entered into with any suppliers of materials, providers of services, contractors, and labor organizations which furnish skilled, unskilled and craft union skilled labor, or which may provide any such materials, labor or services in connection with this License.
D. Non-Collusion, Bribery of a Public Officer or Employee: The CNN Airport Network will comply with the Municipal Code of Chicago, Section 2-92-320, as follows:
1. No person or business entity will be awarded a license, contract, or subcontract if that person or business entity:
a. Has been convicted of bribery or attempting to bribe a public officer or employee of the City of Chicago, the State of Illinois, or any agency of the federal government or any state or local government in the United States, in that office's or employee's official capacity; or
b. Has been convicted of agreement or collusion among bidders or prospective bidders in restraint of freedom of competition by agreement to bid a fixed price, or otherwise; or
c. Has made an admission of guilt of such conduct described in "a" or "b" above which is a matter of record but has not been prosecuted for such conduct.
2. For purposes of this section, where an official, agent or employee of a business entity has committed any offense under this section on behalf of such an entity and pursuant to the direction or authorization of a responsible official thereof, the business entity will be chargeable with the conduct. One business entity will be chargeable with the conduct of an Affiliated agency.
3. Ineligibility under this section will continue for three years following such conviction or admission. The period of ineligibility may be reduced, suspended, or waived by the Chief Procurement Officer under certain specific circumstances. Reference is made to Section 2-92-320 for a detailed description of the conditions which would permit the Chief Procurement Officer to reduce, suspend, or waive the period of ineligibility.
E. Conflict of Interest:
1. No member of the governing body of the City or other units of government and no other officer, employee, or agent of the City or other unit of government who exercises any functions or responsibilities in connection with this License, will have any personal interest, direct, or Indirect, in this License. No member of or delegate to the Congress of the United States or the Illinois General Assembly and no alderman of the City or City employee will be permitted to any share or part of this License or to any financial benefit to arise from it. 7/29/2009 REPORTS OF COMMITTEES 67297
2. The CNN Airport Network covenants that it, its officers, directors and employees, and the officers, directors and employees of each of its members if a joint venture, and contractors, presently have no interest and will acquire no interest, direct or indirect, in the License which would conflict in any manner or degree with the performance of the obligations hereunder. The CNN Airport Network further covenants that in the adherence to the License, no person having any such interest will be employed.
F. Office of Inspector General (Chapter 2-56 of the Chicago Municipal Code):
1. It will be the duty of the CNN Airport Network and its contractors to cooperate with the Inspector General in any investigation or hearing undertaken pursuant to Chapter 2-56 of the Chicago Municipal Code. The CNN Airport Network understands and will abide by all provisions of Chapter 2-56 of the Municipal Code of Chicago.
G. Cooperation with Office of Compliance:
1. It will be the duty of the CNN Airport Network and its contractors to cooperate with the Office of Compliance in any investigation or audit pursuant to Chapter 2-26 of the Municipal Code of Chicago. CNN Airport Network understands and will abide by all provisions of Chapter 2-26 of the Municipal Code of Chicago.
H. Governmental Ethics Ordinance (Chapter 2-156 of the Municipal Code):
1. CNN Airport Network must comply with Chapter 2-156 of the Municipal Code of Chicago, "Governmental Ethics", including but not limited to Provision 2-156-120 pursuant to which no payment, gratuity of offer of employment will be made in connection with any City contract, by or on behalf of a contractor to the CNN Airport Network or any person associated there with, as inducement for the award of a subcontract or order.
2. Any contract negotiated, entered into, or performed in violation of any of the provisions of chapter 2-156 will be voidable as to the City.
I. Business Relationships with Elected Officials (Executive Order 98-1):
1. Pursuant to Executive Order 98-1 and Section 2-156-030(b) of the Municipal Code of the City of Chicago, it is illegal for any elected official of the City, or any person acting at the direction of such official, to contact, either orally or in writing, any other City official or employee with respect to any matter involving any person with whom the elected official has a business relationship, or to participate In any discussion in any City Council committee hearing or in any City Council meeting or to vote on any matter involving the person with whom an elected official has a business relationship. Violation of Section 2- 156-030(b) by any elected official with respect to this Contract shall be grounds for termination of this Contract. The term business relationship is defined as set forth in Section 2-156-080 of the Municipal Code of Chicago. 67298 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
2. Section 2-156-080 defines a "business relationship" as any contractual or other private business dealing of an official, or his or her spouse, or of any entity which entitles an official to compensation or payment in the amount of $2,500 or more in a calendar year; provided, however, a financial interest shall not include: (i) any ownership through purchase at fair market value or inheritance of less than one percent of the share of a corporation, or any corporate subsidiary, parent or affiliate thereof, regardless of the value of or dividends on such share, if such shares are registered on a securities exchange pursuant to the Securities Exchange Act of 1934, as amended, (ii) the authorized compensation paid to an official or employee for his office or employment,; (ill) any economic benefit provided equally to all residents of the City; (iv) a time or demand deposit in a financial institution; or (v) an endowment or insurance policy or annuity contract purchased form an insurance company. A "contractual or other private business dealing" shall not include any employment relationship of an official's spouse with an entity when such spouse has no discretion concerning or input relating to the relationship between that entity and the City.
J. Anti-Scofflaw (Section 2-92-380 of the Chicago Municipal Code):
1. In accordance with Section 2-92-380 of the Municipal Code of Chicago and in addition to any other rights and remedies (including any of set-ofO available to the City of Chicago ("City") under the License, permitted at law or in equity, the City will be entitled to set off any amounts, if any, due to CNN Airport Network , in an amount equal to the amount of the fines and penalties for each outstanding parking violation complaint and /or the amount of any debt owned by the CNN Airport Network to the City.
2. For purposes of this provision, "outstanding parking violation complaint" means a parking ticket, notice of parking violation, or parking violation, or parking violation complaint on which not payment has been made or appearance filed in the Circuit Court of Cook County within the time specified on the complaint, and "debt" means a specified sum of money owed to the City for which the period granted for payment has expired.
3 Notwithstanding 1. above, no such debt(s) or outstanding violation complaint(s) will be off set if one or more of the following conditions are met:
a. The CNN Airport Network has entered into an agreement with the Department of Revenue, or other appropriate City department, for the payment of all outstanding parking complaints and/or debts owed to the City and the CNN Airport Network is in compliance with that agreement; or
b. The CNN Airport Network is contesting liability for or the amount of the debt in a pending administrative or judicial proceeding; or
c. The CNN Airport Network has filed a petition in bankruptcy and the debts owed in the City are dischargeable in bankruptcy. K. Section 2-92-586 of the Municipal Code of Chicago: The City encourages CNN Airport Network s to use contractors that are firms owned or operated by individuals with disabilities, as defined by section 2-92-586 of the Municipal Code of the City of Chicago, where not otherwise prohibited by federal or state law. 7/29/2009 REPORTS OF COMMITTEES 67299
L. MacBride Principles Ordinance:
1. The City of Chicago through the passage of the MacBride Principles Ordinance seeks to promote fair and equal employment opportunities and labor practices for religious minorities in Northern Ireland and provide a better working environment for all citizens in Northern Ireland.
2. In accordance with Section 2-92-580 of the Municipal Code of the City of Chicago, if the CNN Airport Network conducts any business operations in Northern Ireland, it will make all reasonable and good faith efforts to conduct any business operations in Northern Ireland in accordance with the MacBride Principles for Northern Ireland as defined in Illinois Public Act 85-1390 (1988 III. Laws 3220).
M. Economic Disclosure Statement and CNN Airport Network 's Affidavit ("EDS"):
1. Pursuant to Chapter 2-154-010, 2-154-020 and 2-154-030 of the Municipal Code of the City of Chicago, any person, or business entity of agency submitting a bid proposals to or contracting with the City of Chicago will be required to complete Section I, Disclosure of Ownership Interests, in the EDS. The CNN Airport Network must complete EDS(s) in which the CNN Airport Network (and its parent entities, if applicable) identifies all persons with 7.5% or more ownership interest and in which CNN Airport Network certifies (among other things) that the CNN Airport Network , its agents, employees, and officers: a) have not been engaged in or been convicted of bribery or attempted bribery of a public officer or employee of the City of Chicago, the State of Illinois, any agency of the federal government or any state or local government in the United States or engaged in or been convicted of bid-rigging or bid-rotation activities as defined in this section as required by the Illinois Criminal Code; b) do not owe any debts to the State of Illinois, in accordance with Section 65 ILCS 5/11-42.1-1 of the Illinois Municipal Code and c) are not presently debarred or suspended from public contracts.
2. The CNN Airport Network must provide, without need for request by the City, an updated EDS(s) if there is any change in ownership or change in any other circumstance that would render the EDS(s) then currently on file inaccurate or obsolete. Failure to provide an updated EDS(s) when required is cause for cancellation of the License. In the event of a change in ownership outside of the CNN Airport Network 's reasonable control (such as acquisition of controlling interest in CNN Airport Network through purchase of shares on a public exchange), the City shall have the right to cancel the License.
N. Compliance with Child Support Orders: The CNN Airport Network will comply with the Chicago Municipal Code Section 2-92-415 Compliance With Child Support Orders. For the purpose of compliance with this Section, CNN Airport Network compliance includes compliance by a "Substantial Owner". A "Substantial Owner" means any person who, directly or indirectly, owns or holds a 10% or more interest in the CNN Airport Network.
O. Prohibition on Certain Contributions (Mayoral Executive Order No. 05-1): 67300 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
1. CNN Airport Network agrees that CNN Airport Network , any person or entity who directly or indirectly has an ownership or beneficial interest in CNN Airport Network of more than 7.5 percent ("Owners"), spouses and domestic partners of such Owners, CNN Airport Network 's contractors, any person or entity who directly or indirectly has an ownership or beneficial interest in any contractor of more than 7.5 percent ("Sub- owners") and spouses and domestic partners of such Sub-owners (CNN Airport Network and all the other preceding classes of persons and entities are together, the "Identified Parties"), shall not make a contribution of any amount to the Mayor of the City of Chicago (the "Mayor") or to his political fundraising committee (i) after execution of this bid, proposal or Agreement by CNN Airport Network , (ii) while this Agreement or any Other Contract is executory, (iii) during the term of this Agreement or any Other Contract between CNN Airport Network and the City, or (iv) during any period while an extension of this Agreement or any Other Contract is being sought or negotiated.
2. CNN Airport Network represents and warrants that since the date of public advertisement of the specification, request for qualifications, request for proposals or request for information (or any combination of those requests) or, if not competitively procured, from the date the City approached the CNN Airport Network or the date the CNN Airport Network approached the City, as applicable, regarding the formulation of this Agreement, no Identified Parties have made a contribution of any amount to the Mayor or to his political fundraising committee.
3. CNN Airport Network agrees that it shall not: (a) coerce, compel or intimidate its employees to make a contribution of any amount to the Mayor or to the Mayor's political fundraising committee; (b) reimburse its employees for a contribution of any amount made to the Mayor or to the Mayor's political fundraising committee; or (c) bundle or solicit others to bundle contributions to the Mayor or to his political fundraising committee.
4. CNN Airport Network agrees that the Identified Parties must not engage in any conduct whatsoever designed to intentionally violate this provision or Mayoral Executive Order No. 05-1 or to entice, direct or solicit others to intentionally violate this provision or Mayoral Executive Order No. 05-1.
5. CNN Airport Network agrees that a violation of, non-compliance with, misrepresentation with respect to, or breach of any covenant or warranty under this provision or violation of Mayoral Executive Order No. 05-1 constitutes a breach and default under this Agreement, and under any Other Contract for which no opportunity to cure will be granted. Such breach and default entitles the City to all remedies (including without limitation termination for default) under this Agreement, under Other Contract, at law and in equity. This provision amends any Other Contract and supersedes any inconsistent provision contained therein.
6. If CNN Airport Network violates this provision or Mayoral Executive Order No. 05-1 prior to award of the Agreement resulting from this specification, the Chief Procurement Officer may reject CNN Airport Network 's bid.
7. For purposes of this provision: 7/29/2009 REPORTS OF COMMITTEES 67301
"Bundle" means to collect contributions from more than one source which are then delivered by one person to the Mayor or to his political fundraising committee.
"Other Contract" means any other agreement with the City of Chicago to which CNN Airport Network is a party that is (i) formed under the authority of chapter 2-92 of the Municipal Code of Chicago; (ii) entered into for the purchase or lease of real or personal property; or (iii) for materials, supplies, equipment or services which are approved or authorized by the city council.
"Contribution" means a "political contribution" as defined in Chapter 2-156 of the Municipal Code of Chicago, as amended.
Individuals are "Domestic Partners" if they satisfy the following criteria:
(a) they are each other's sole domestic partner, responsible for each other's common welfare; and
(b) neither party is married; and
(c) the partners are not related by blood closer than would bar marriage in the State of Illinois; and
(d) each partner is at least 18 years of age, and the partners are the same sex, and the partners reside at the same residence; and
(e) two of the following four conditions exist for the partners:
(i) The partners have been residing together for at least 12 months, (ii) The partners have common or joint ownership of a residence, (iii) The partners have at least two of the following arrangements: a. joint ownership of a motor vehicle; b. a joint credit account; c. a joint checking account; d. a lease for a residence identifying both domestic partners as tenants. (iv) Each partner identifies the other partner as a primary beneficiary in a will.
"Political fundraising committee" means a "political fundraising committee" as defined in Chapter 2-156 of the Municipal code of Chicago, as amended.
P. Federal Ineligible contractors: CNN Airport Network warrants and represents that neither CNN Airport Network nor any Affiliate of CNN Airport Network appears on the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List, or the Debarred List as maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or by the Bureau of Industry and Security of the U.S. Department of Commerce (or their successors), or on any other list of persons or entities with which the City may not do business under any applicable law, rule, regulation, order or judgment. 67302 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
Q. Federal Legal Requirements: CNN Airport Network shall comply, and shall cause its contractors to comply, with all applicable federal laws, codes, regulations, ordinances, rules, directives, assurances and orders applicable to operations at airports.
1. CNN Airport Network must comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations if any future structure or building is planned for the Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises. (FAA order 5190.6A - AGL-600)
2. Nothing contained in this Agreement shall be construed to grant or authorize the granting of an exclusive right to provide aeronautical services to the public as prohibited by section 308(a) of the Federal Aviation Act of 1958, as amended, and the City reserves the right to grant to others the privilege and right of conducting any one or all activities of an aeronautical nature. (Federal Aviation Act of 1958 section 308(a) - AC 150/5100-16A)
3. The City reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or view of CNN Airport Network, and without interference or hindrance. (FAA Order 5190.6A - AGL-600)
4. The City reserves the right, but is not obligated to CNN Airport Network, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the Airport, together with the right to direct and control all activities of CNN Airport Network in this regard. (FAA order 5190.6A - AGL-600)
5. This Agreement is subordinate to the provisions of and requirements of any existing or future agreement between the City and the United States, relative to the development, operation, or maintenance of the Airport (FAA Order 5190.6A - AGL- 600), including usage by United States Government aircraft of Airport facilities developed with federal financial assistance. (Grant Assurance 27)
6. This Agreement and all the provisions of this Agreement are subject to whatever right the United States Government now has or in the future may have or acquire affecting the control, operation, regulation, and taking over of the Airport, or the exclusive or non-exclusive use of the Airport by the United States during the time of war or national emergency. (Surplus Property Act of 1944 - FAA Order 5190-6A - AGL-600)
7. It is cleariy understood by CNN Airport Network that no right or privilege has been granted that would operate to prevent any person, firm, or corporation operating aircraft on the Airport from perforrtiing any services on its own aircraft with its own regular employees (including maintenance and repair) that it may choose to perform. (Assurance 22 FAA Order 5190.6A - AGL-6) 7/29/2009 REPORTS OF COMMITTEES 67303
(Sub)Exhibit "D". (To CNN Airport Network® Programming Service Agreement With AC Holdings, Inc.)
Insurance Requirements.
The kinds and amounts of insurance required under this Agreement are as follows:
1. Workers' Compensation and Employer's Liability. Workers' Compensation and Employer's Liability Insurance, in accordance with the laws of the State of Illinois or any other applicable jurisdiction, covering all employees of CNN Airport Network. Employer's liability coverage with limits of not less than $100,000 for each accident or illness must be included.
2. Commercial Liability Insurance. Commercial General Liability insurance or equivalent, with limits of not less than $2,000,000 per occurrence for bodily injury, property damage and personal injury liability. Coverages must include the followdng: Leased space and operations; explosions, collapse, and underground hazards; products liability and completed operations; defense; separation of insureds; contractual liability specifically covering this Agreement (with no limitation endorsement). The City and its elected and appointed officials, agents, representatives and employees must be named as additional insureds on a primary, non-contributory basis, for any liability arising directly or indirectly under this Agreement.
3. Automobile Liability. When any motor vehicles (owned, non-owned or hired) are used in cormection with activities conducted under this Agreement, CNN Airport Network must provide comprehensive automobile liability insurance against bodily injury and property damage claims, subject to limits of liability of not less than $1,000,000 per occurrence for non-airfield access, and not less than $5,000,000 per occurrence for airfield access. The City, and its elected and appointed officials, agents, representatives and employees, must be named as additional insureds on a primary, non-contributory basis, for any liability arising directly or indirectly under this Agreement.
4. Property. CNN Airport Network must maintain all-risk property insurance for the leased space including improvements and betterments, in the amount of their fiill replacement cost. Coverage extensions must include business income and extra expense. The City is to be named as an additional insured and as a loss payee, as its interests may appear. Tenant is responsible for all loss or damage to its personal property including equipment, fixtures and contents.
5. All Risk Blanket Builders Risk. When CNN Airport Network undertakes arty constmction, including Improvements, betterments and/or repairs. Tenant must provide All Risk Blanket Builders Risk Insurance to cover materials, supplies, equipment, machinery and fixtures that are or will be part of the permanent facility. The City of Chicago must be named as loss payee as its interests may appear. 67304 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
Under no circumstances must CNN Airport Network or any subcontractor actually begin Work (or continue Work, in the case of renewal) or conduct operations under this Agreement without procuring the required insurance and providing evidence of it to the City. The City reserves the right, in addition to the other rights set forth in this Agreement, to require CNN Airport Network to furnish certified copies of the original policies of all insurance required under this Agreement at any time upon 30 days' written notice to CNN Airport Network
CNN Airport Network must furnish to the City, Department of Aviation, Deputy Commissioner of Aviation, Concessions, and, if applicable, the City Construction Representative, at the addresses provided by the representatives, original Certificates of Insurance evidencing the required coverages to be in force on the date of this Agreement, and renewal Certificates of Insurance, or such similar evidence, if the coverages have an expiration or renewal date occurring during the Term of this Agreement. CNN Airport Network must submit evidence of insurance on the City's "Insurance Certificate of Coverage Form" or equivalent before the Effective Date of this Agreement. The receipt of any certificate does not constitute agreement by the City that the insurance requirements in this Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all requirements under this Agreement. The failure of the City to obtain certificates or other insurance evidence from CNN Airport Network is not a waiver by the City of CNN Airport Network's obligations to obtain and maintain the specified coverages. CNN Airport Network must advise all insurers of this Agreement's provisions regarding insurance. Non-conforming insurance will not relieve CNN Airport Network of its obligation to provide insurance as specified in this Agreement.
The insurance specified above must be carried at all times during the Term of this Agreement. Failure to carry or keep the insurance in force constitutes an Event of Default and does not relieve CNN Airport Network firom any liability under this Agreement. The City maintains the right to suspend the CNN Airport Network's performance and rights under this Agreement, or suspend this Agreement, until proper evidence of insurance is provided. If CNN Airport Network fails to maintain the full insurance coverage required under this Agreement, the City may, but is imder no obligation to, obtain the required insurance at the cost and expense of CNN Airport Network, and CNN Airport Network agrees to reimburse City promptly for the cost thereof and ten percent (10%) for cost of administration. Payments made by the City regarding the premiums for the insurance become an additional obligation of CNN Airport Network, as Additional Rent to be paid under this Agreement, to be repaid in fiill to the City, payable on demand, with interest at the default rate of 18% per aimum. The insurance policies must provide for 60 days prior written notice to be given to the City, if coverage is substantially changed, reduced, canceled, or non- renewed.
CNN Airport Network must require all subcontractors to carry the insurance required in this Agreement, or CNN Airport Network may provide the coverage for any or all subcontractors, and, if so, the evidence of insurance submitted must so stipulate. 7/29/2009 REPORTS OF COMMITTEES 67305
CNN Airport Network acknowledges that any insurance or self insurance programs maintained by the City apply in excess of and do not contribute to insurance provided by CNN Airport Network under the Agreement. CNN Airport Network acknowledges that any insurance protection, coverages and limits fiimished by CNN Airport Network under this Agreement in no way limit CNN Airport Network's responsibilities and liabilities under this Agreement or by law.
Any and all deductibles or self insured retentions on referenced insurance coverages must be borne solely by CNN Airport Network.
The insurance required to be carried is not limited by any limitations expressed in the indemnification language in this Agreement or by any limitation placed on the indemnity given in this Agreement as a matter of law. If CNN Airport Network, or its subcontractors, desire additional coverage, higher limits of liability, or other modifications for their own protection, CNN Airport Network and each of its subcontractors are responsible for the acquisition and cost of the additional protection. The City's Risk Management Department maintains the right to modify, delete, alter or change the insurance requirements. Notwithstanding anything in this Agreement to the contrary, CNN Airport Network may, at its option, include any of the insurance coverage required under this Agreement in either general or blanket policies of insurance. CNN Airport Network may use any combination of primary and umbrella (or excess) insurance policies to comply with the insurance requirements set forth above, as long as the resulting insurance coverage is equivalent to the coverages required imder this Agreement.
Rating. All policies of insurance and bonds provided herein shall be issued by insurance companies listed on the current department of the Treasury Fiscal Services List 570 or having a general policy holders rating of not less than "A-" in the most current available "Best's Insurance Reports," and be qualified to do business in the state of Illinois.
Waiver of Subrogation. Notwithstanding any other provisions contained herein, except for losses or damages resulting from the sole negligence of a party, each of the parties hereby waives any rights it may have against the other party on account of any loss or damage to its property (including the Service Equipment) which arises from any risk generally covered by the insurance of any other insurance required to be carried hereunder, whether or not such other party may have been negligent or at fault in cause such loss or damage. Each of the parties shall obtain a clause or endorsement in the policies of such insurance which each party obtains in cormect herewith to the effect that the insurer waives, or shall otherwise be denied, the right of subrogation against the other party for any loss covered by such insurance. 67306 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
FOREWORD
CNN Airport Network, a Time Warner Company, welcomes the opportunity to present the following technical overview of the proposed display screen upgrade at Chicago O'Hare International Airport.
This submittal details equipment specifications and installation requirements for the Video Display System installation. Detailed drawings of proposed display equipment locations are included.
The CNN Airport Network staff looks forward to working with the City of Chicago, Department of Aviation in upgrading our service for its passengers.
2. OPERATIONAL OVERVIEW
CNN Airport Network is a customized video and audio programming service created to provide air travel passengers with up-to-the minute news, weather, sports, and special entertainment and travel related programming. It is delivered via C Band satellite throughout the continental United States, and is distributed throughout Chicago O'Hare International Airport via a coaxial cable broadband system. Dedicated coaxial drops are Installed from the broadband system to display screens located in gatehold areas. Each display is tuned and locked to CNN Airport Network programming.
3. PROPOSED AREAS TO BE UPGRADED
The following areas have been identified for installation:
Con. B Con. C Con. E Con. F Con. G Con. H ' Con. K Con. L Con. M Bl CI E2 F2 GIB HIA K2 L3 M5 B2 C6 E6 F4A G2B H3A K3 L4 M6 B4 C7 E7 F5 G5 H4 K4 15 M8 B5 CIO E8 F7 G6A H5 K8 L6 Mil B7 Cll E9 F8 69 H8 K9 18 M12 B9 C12 E12 F9 G16 H9 KIO L9 M13 Bll C15 FIO G19 HIO Kll LIO M14 B12 C16 FllA HUB K12 B14 C17 F12 H12 K14 316 C18A F14 H13 K15 B17A C19 H14 K16 B18 C20 H16 K19 B19 C21 B21 C22 C23 C27 C28 C31 7/29/2009 REPORTS OF COMMITTEES 67307
Plan view drawings of each location are included detailing existing facilities and display unit placement. New LCD flat panel displays will replace existing televisions and equipment housings.
4. DISPLAY SYSTEMS
4.1 Overview
The RF/cable receiver (set top box) receives signal from the broadband distribution system and is tuned to a specific RF frequency assigned for that display area. Program video is output from the RF/cable receiver and displayed on the 42" LCD flat panel display. Program audio is delivered to the viewing area from the flush mounted audio speakers placed in the false ceiling. The display system currently includes an ambient sound- tracking computer (SPL) for automatic adjustment of audio program volume during varying passenger load periods and this system will be used with the new displays. The flush mounted microphone connected to the SPL continually monitors the ambient noise level within the viewing area. The SPL is also interfaced to the local gate paging system via a paging system interface unit for fixed operation or -3dB suppression of CNN Airport Network audio during local paging announcements. As a further consideration, the RF/cable receiver includes a video activated audio muting switch to prevent "white noise" audio from emanating into the viewing area in the event of RF signal loss.
4.2 Electrical Power
Electrical power required for the display system{s) will be derived from the existing electrical circuits used to power the existing television display systems.
CNN's policy is not to exceed four viewing areas per dedicated circuit although most circuits have fewer.
Power Budget for CNN Airport Network
Gate Area Equipment Description Operating Wattage LG 42" LCD Display Screen 320 watts Symetrix 371 SPL Computer 10 watts RDL FP-PA20A Audio Amplifier 45 watts LG LST-4600A RF Tuner 18 watts
Average Operating Wattage 393 watts 67308 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
4.3 Broadband Signal
Program signal will be delivered to the new display area via the existing RF broadband distribution system. When necessary, RG-6 plenum coaxial cable will be installed in conduit from the nearest distribution tap to new LCD displays. In lieu of conduit, RG-6 coaxial plenum cable will be installed in cable trays when available. For coaxial drop lengths that exceed 300 feet in length, RG-11 coaxial plenum cable will be installed.
The signal cable is then connected to the LCD Display System components. The LG set-top box will be tuned and locked to the RF frequency assigned for the CNN Airport Network service.
4.4 Video Signal
The video portion of the program is displayed directly on the 42" LCD flat panel displays without further processing. All display attributes such as brightness, contrast, sharpness, color and tint are adjusted for optimum viewing under area conditions and then stored in non-volatile memory.
EXHIBITS
I. Proposed Installation Overview and Location Plans
II. Display System Equipment Block Diagrams
III. Line Drawings of Display Units
IV. Equipment Specification Sheets 7/29/2009 REPORTS OF COMMITTEES 67309
AIRPORT
Chicago O'Hare international Airport - Terminals 1, 2,3 and 5 9/9/08
The following gate areas have been selected for upgrade or new installation:
Terminal One: Gate Gate(s) Served Airline LCDs/Mount Tvoe Location 81 United 1 Ceiling Existing 82 United 1 Ceiling Upgraded 84 83 United 1 Ceiling Existing 85 86 United 1 Ceiling Existing 87 88 United 2 Ceiling Existing 89 BIG United 2 Ceiling Existing 811 United 1 Ceiling Existing 812 United 1 Ceiling Existing 814 815 United 1 Ceiling Existing 816 816A United 1 Ceiling Existing B17A 817 United 1 Ceiling Existing 818 United 1 Ceiling Existing 819 TED United 1 Ceiling Existing 821 B22,B22A TED United 1 Ceiling Existing
CI C2,C3 United 1 Ceiling Existing C6 C4 United 1 Ceiling Existing C7 C5 United 1 Ceiling Existing CIO GIGA United 1 Ceiling Existing Cll United 1 Ceiling Existing C12 United 1 Ceiling Existing CIS United 1 Ceiling Existing C16 C16A United 1 CeiJIng Rehcation C17 United 1 Ceiling Existing C18A CIS United 1 Celling New C19 United 1 Ceiling Existing ao United 1 Ceiling Existing €21 United 1 Ceiling Existing C22 United 1 Ceiling Existing C23 United 1 Ceiling Existing C27 United 1 Ceiling Existing C28 United 1 Ceiling Existing C31 C29, C3a C32 United 1 Ceiling Existing 67310 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
Terminal Two; Gate Gate(s) Served Airline LCDs/Mount Tvoe Location E2 E2A AC/United 1 Ceiling New E6 Continental 1 Ceiling Existing E7 US Airways 1 Ceiling Existing E8 ElO JetBlue 1 Ceiling Existing E9 Northwest 1 Ceiling Existing E12 Continental 1 Ceiling New
F2 F3 United Express 1 Ceiling New F4A F4 United Express 1 Ceiling New F5 United Express 1 Ceiling New F7 United Express 1 Ceiling Existing F8 US Airways 1 Ceiling Existing F9 United Express 1 Ceiling Existing FIG United Express 1 Ceiling Existing FllA FllB, lie United Express 1 Ceiling New F12 F12A United Express 1 Ceiling New F14 United 1 Ceiling New
Terminal Three: Gate Gate(s) Served Airline LCDs/Mount Tvoe Location GIB GlA American Eaglei 1 Ceiling Existing G2B G2A American Eagle1 1 Ceiling Existing G5 G3 American Eagle! 1 Ceiling Existing G6A G4, G6B American Eagle! 1 Ceiling Existing G9 Gil American Eagle 1 Ceiling Existing G16 G12 American Eagle 1 Ceiling Relocation G19 G19A American Eagle1 1 Ceiling Existing
HlA/8 H2 American Eagle 1 Ceiling Existing H3A H3B American Eagle1 1 Ceiling Existing H4 American Eagle! 1 Ceiling Existing H5 H6 American 1 Ceiling Existing H8 American 1 Ceiling Existing H9 American 1 Ceiling Existing HIO American 1 Ceiling Existing HUB American 1 Ceiling Existing H12 American 1 Ceiling Existing H13 American 1 Ceiling Existing H14 American 1 Ceiling New H16 HIS American 1 Celling Upgraded
K2 American 1 Ceiling Existing K3 American 1 Ceiling Existing K4 K5 American 1 Ceiling Existing K8 American 1 Ceiling Existing K9 K7 American 1 Ceiling Existing 7/29/2009 REPORTS OF COMMII 1 EES e6731 1
Terminal Three (Continued): Gate Gate(s) Served Airline LCDs/Mount Type Location KIO American 1 Ceiling Existing Kll K13 American 1 Ceiling Existing K12 American 1 Ceiling Existing K14 American 1 Ceiling Existing K15 American 1 Ceiling Existing K16 American 1 Ceiling Existing K19 K17 American 1 Ceiling Existing
L3 Delta Airlines 1 Pedestal Existing L4 L2A, L2B American 1 Ceiling New L5 Delta Airlines 1 Pedestal Existing L6 American 1 Pedestal New LB American 1 Pedestal New L9 L7 Delta Aidines 1 Pedestal Existing LIG LIGB Delta Airlines 1 Pedestal Existing
Terminal Five: Gate Gate(s) Served Airline LCDs/Mount Type Location M5 International 1 Ceiling Existing M6 M7 International 1 Ceiling Existing M8 M9 Luftiiansa 1 Ceiling Existing IVIll MIO Aeroflot 1 Ceiling Existing M12 Aeroflot 1 Ceiling Existing M13 Air France 1 Ceiling Existing MU MIS Alitalia 1 Ceiling Existing
Total Viewing Areas in Terminal One: 32 Total Gates Served in Terminal One: 51
Total Viewing Areas in Terminal Two: 16 Total Gates Served In Terminal Two: 24
Total Viewing Areas in Terminal Three: 38 Total Gates Served In Terminal Three: 58
Total Viewing Areas in Terminal Five: 7 Total Gates Served in Terminal Fhre: 11
Total Number of Viewing Areas to be installed or upgraded: 93 Total Number of LCD Displays to be installed: 95 Total Number of Gates to be served: 143 67312 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009
AIRPORT
GATE PLACEMENT SYMBOLS
= 42" LCD Flat Pant
o = Speaker
A "• Sensing Microph(
E = Existing Location
N ^ New Location
Relocation of Monitor 67313
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CD WATT S UNLES y q A P SETTIN G O N z1— 00 < =) o CL CO J- CM UJ C9 ^ 90:0 ^ — ' o o 3 a:c}& C4 67384 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 7/29/2009 REPORTS OF COMMITTEES 67385 CM 1% ill CD -< OL < O •-» m uL r^^ CJ — :3 67388 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 •< .J y »-t JO. 7/29/2009 REPORTS OF COMMITTEES 67389 UJ I—I. > t-i ziaoc i-ui }-«o.t-alu tJO^l LJ aoiuuica-z. nxus^ a t-i-t-uz OZUJiyci3 o-axDoa _ia>-Ssa3 a_ii-os 67390 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 7/29/2009 REPORTS OF COMMITTEES 67391 •® Solid Solutions - Solid Support"" Installation and Assembly: Custom Mount for CNN Airport Network Model: MIS 269, MIS .270 & MIS 275 67392 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 0 • I ! i • ^^^H 7/29/2009 REPORTS OF COMMITTEES 67393 £^llia;s;s.a.*s^^?*r :^^^|^f^^t^J&«^^!i;l^|v-: 67394 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 7/29/2009 REPORTS OF COMMITTEES 67395 • 42" LCD widescreen HD Capable Monitor • 450 cd/m^ Brightness • Newl IP Solution Capable • 1600:1 Contrast Ratio • Newl Narrow Bezel (29iiim) • HDMr Interface • 1366 X 768 (WXGA) Display Resolution • Super IPS~ 178 degree Viewing Angle • Convenient External Speaker-out • OSD and Remote Control Lock • Portrait-capable Mode • RS-232C Control • Split Zoom (Self Video Wall) up to • low 2ch Speakers (Optional) 4x4 matrix 67396 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 lil —1 ^ — ^ 2 r t /{ 1 ll [MlOX UOUKTH: HCXES FDR UOOa. UCZIOC^A SPECIFICATIONS PANEl SPECIAL FEATURES Screen Size 42- Temperature Sensor Yes Aspect Ratio ie 9 Lamp Feult Sensor Yes Nitive Resolution 1366 « 768 (WXGAI SplKZoom (Self Video Well. Max 4 « 4) Yes Plxels(HxVx3l 3,H 7,264 Source Selection Digital (HOMI/DVI)/Analog (RGB)/ Brightness 450 cdim' Component1,2 /AV Controst Ritic 16O0 1 Brightness/Contrast Yes Viewing Angle IH x V| 179x178 Color Warn/Norniel/Cool Color Depth 16.7 Million (8 bitsl User Control (R/G/BI Responss Time 9 ms IG to Gl Position H/V Surface Treatment Herd Coating (3H), Anti-^lare Tracking Auto/Clock/Phase MTBF 50,000 Hr. IMinimum) Set-up Language (English / French / Spanish / Korean / Italian / Gormen/ Portuguas) VIDEO ISM Method Normal/White wash/ Orbiter/Inversion Max Input Resolution 16O0X 1200 0 60Hz (Analog) XD XD Contrast/XD Color/ XD NH/ MPEG NR 128ax1024O60Hz|Digital| Advanced Cinema / Black level Recomniflnded Resolution 1360 X 768 9 eoHz (Analog / Digitall Time Clock/Off time/On time H-Scanning FrequencY 30 - 83kHz (Analog / Digitall Special Auto Adiust, OSD luck V-Scanning RequencY 56 - 7S Hz Mute Yes Pixel Frequency 165 MHz (0-Subl / 135 MHz IHDMI/DVII Sleep rtmer Yes Sytic Compatabilitv Seperate / Composite / S06 Auto Power/Source Memory Yes Video Input RGBAnetoo/Oigitai ChiM Uck Yes EZ Picture/PSM Dynamic / Standard / Mild / Userl / User2 Power indicator/Uigo light Yes CSIM Worni / Normal / Cool / User XO Engine® Ves CABINET Enhanced Noise Reduction 30 NR/IMPEG NRI Color Black Digital Comb Filter 3D Monitor Dimension (W x H x 0) 39.20-X23.irx4.48- DLTI/DCTI Yes VYeight 74.8 Lbs. Cinema 3J/2:2 mode Yes Moiilnr with Optional Stand (ST4210KI 39.20-X 26.54-X 11.54- Aspect Ratio Correction Spectacle / Full / Originel / 4J / I6S/14:9 / Zoom DimensMns(WxHxD) Weight 77.6 Lbs. READJACK PACK Monitor with Optional Stand (ST4210K) & 49.57-x 26.54-X 11.54- Component Video 2 Hi-Res (BNCI Optional Speaker (SP4210KI Dimensions PCInputifio 15-PlnSub-D" 1/1 (RGB) IWxHxD) InpuVOutput Carton Oimenstons (W x H x D) 46.77-X 35.51-X 15.04- Composita Video Input/Output 1/1 Packed Weight 99.2 Lbs. Audio Output 1 VESA^Standord Mount Interface 600x400 Audio Inputs 3 Plus PC Sound HDTV Formets 720p/10801 POWER PC Fonnats Autn Scaling to XGA Power Supply 100-240V-. 5a/60Hz HOMI/HDCP Yes (HDMI to DVI ca ble includedl Power Type Built-in Power RS-232C Input/Output 1 (Service/Control) /1 Power Switch Type Tact Switch S-Video 1 (S-Video hes e priority but there is no input mode) Power Saving Audio Jack 8uilt-ln IMTERFACE 1 ^' *w •^ ... —,.:._ —.. ., —. --.- .... 7/29/2009 REPORTS OF COMMITTEES 67397 PAY-PER-VIEW INTERFACE BOX WITH INTEGRATED HD TUNER Campatible Models LCD TV 20LS7DC HCSS610 Z3LS7DC Z6LC70C 3(2LC7DC 37LC7D 4ZLC7D 47LC7DF APPLICATIONS LCD MONITOR • Built-in Pro:ldiom™ Chip Set M3201C-BA The Pro:ldiom System's high-quality security unlocks access to premium content availability to help assure rapid, broad deployment of HDTV and other high- M3701C-BA value digital content. M4210C-BA • HD PPV Interface M5500C-BA Provides the High Definition Interface with Pay-Per-View providers. • Built-in ATSC/NTSC/QAM Clear Tuner • RJP Auto-Sensing Remote Jack Pack compatible PLASMA TV • Remote Television Control S0PC5DC Control television power on/off, input sources, adjust volume settings and change channels directly or through the MPI interface. • Remote Television Monitoring PLASMA MONITOR The status of each television can be monitored, providing information to 50PM1M verify that television is on-line and operating in compliance with an end-user's requirements. MU-60PZ9SV • One Year Warranty 71PyiM wwm.zenith.f.pm A. WW.I Gcomrnercial.con zenith 67398 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 ^ ••& * -^ FEATURES DIMENSIONS ' a • RS-232C Input for compatibility with AV Control systems. ^ • Built-in ATSC/NTSC/QAM tuner gives tuner capability in ' for use with LG's LCD or Plasma monitor models. • RJP Interface for use with LG's optional Auto-Sensing ^ remote jack packs: RJP-101M, RJP-110W/WBR, RJP- D 110F/FW, and RJP-110S models. ijir sjir |v*>^ • Time and cost-saving cloning option allows installers a quick and easy transfer (cloning) of settings to multiple '?r^ [ HCSSeiO's in a fraction of the time. h /»i • HDMI with HDCP output from the HCS5610 to the ;!;!;!; television or monitor. Backward compatible with TVs/ Monitors with DVI input via HDMI-DVI Cable included. ijijlj! :•:•:-: (Note; If using HCSS610 wKh an LG brand TV/Monitor, Owners Manual Inclurles Instructions for ctisnglng the input to HDMI). ':•;•:• ilJ:-:-:!:*:!: INSTALLERS ' • Zenith 'Setup Remote' model «124-213-07 (sold separately) is required to configura the HCSS610. •iijil: :•:•!•: • Zenith 'Clone Remote' model LT2002 (sold separately) Is required for clonitig. /• ^ BACK t^ ) TECHNICAL SPECIFICATIONS Produa Dimensions (D xWxHI: 9.rxl3.9-xl.e- thjt Weight: 7.7 bs. Carton Dimonilonj (DxWxHI: U.9-X175-X5.V c Shipping Weight: 7.9 llu. UPC Code 0446«2702St9 Connector (MPI|; Stsndard nj-11 Able to Address Up To: 1 Display a o, tzD- Control Software and Standard Serin IRS-2321 Intsrfeco aJ Qtfjg gPg^BQ ] Source Selection: Any valid Input source Command Set: Digital MPI - Power On, Power Off, Volume Up. Volume Down, Sot Maximum Volume, Set Minimum Vokjme. INCLUDED IN CARTON END USER Request TV Status: Signal Strength, Pwrer Status, TV Volume Level. REh*OTE HCSSeiO Pay-Pef-Viaw InteffBca BQK with Integratad HD Tuner Channel Number Instaflation and Operating Guide Rating: AC 100 - 240V - SO/SOHz. 40W End-usaf Ramole Control to operaf HCSS61Q AC Input: AC 120V - 80Hz. Max. 8A 6 ft. AC Power Cofd tHCSseiO to AC power outlatt AC Output: AC 120V - 60Hz. Max. BA 3 ft. IR Racatver end optkinal bracket tfor multiple mounting options) INPUTS 5 ft. RS-232C M-to-FCable [HCSSeiO to MonKor/TV) DIgltBl Video: 2 HDMllnputs ® S ft. HDMI to OVI-M Cable (HCS5610 to DVI In on Monltof/TVl MPI (on Supeiport card): RJ-11 Modular Jack 1 ft. DVI-F to HDMI Adapter Cable (adapts above cable for HDMI to HDMI) IR Receiver 3.6mm jack t OL' 5 ft. 3.5mm Stereo Plug to 3.5mm Stereo Plug/ 2 flCA Jacks to 3.5mm tot Sendee: RS-232C 1 9-(]in D-Sub Male) Stereo Plug act. Remote In: 3.6mm Jack (from IR Racetverl 1 ft. AudM Y Adapter Cable • 2 RCA Jacks lo S.Smm Stereo Plug OUTPUTS (forRJPuaeontyl 1 HDMI Out DklitelVldao: Five 371 SPL Computer APPLICATIOIMS « Restaurants » Retail Stores • Casinos • Offices The Symetrix 371 SPL can respond quickly to noise levels that deviate from e Transit Stations Computer automatically raises sudden changes. the stored performance o Hospitals and lowers sounid system characteristics. Menu adjust A simple set of step-through levels in response to changes ments determine how much menus displayed on the front in ambient noise conditions. the gain is changed, and how panel LCD guides you Designed for installations quickly that change occurs. through setup of the 371 You featuring foreground music set the parameters of the Simple calibration, precise and/or paging, it ensures that acoustic environment and performance, and value music and announcements then set the way you want the priced. Backed by our 15-year are always clearly audible and unit to respond to changes in history of SPL processing distinct, but never too loud. it. In operation, the 371 tracks innovation, the Symetrix 371 Proprietary AmbiSense™ environmental noise levels, offers a complete and technology enables the 371 internal signal levels and all affordable solution for audio to conDnuous/y monitor the control settings. It makes level management. changing ambient noise appropriate gain changes levels—not just during gaps whenever it finds measured in the audio program—so it FEATURES Uses Mlcropfione for The 371 uses an external microphone to meastore Easy Calibration Perform calibration under typical installation Noise Sensing changes in the ambient noise level. conditions. No waiting for the quietest or noisiest ambient environment. Continuously Monitors Proprietary AmbiSense^ technology responds to Ambient Noise Levels environmental noise changes in real time—not Just {•hantom Power Sense input provides microphone with T5V during gaps in audio program. phantom power. Enable or disable through front panel menu adjustment Headphone Monitoring Monitor the sense signal using a separate fi-ont parwi headphone outptjt. Ratio Adjustment Choose an adjustment ratio of SPL change vs. program level cfiange. Sense Signal Display numeric reading and relative t^argraph of the signal appearing at the seme terminals. Gain Controls Set minimum and itiaximum limits for SPL gain range between +20 to -30 dB. 3 Operating Modes Active—Indicates continuous measurement of the Atljust gain of sense input and line output through ambient noise level. menu selection. Connea an external trim pot to liistory—Displays the lowest and highest SPL the 371 's rear panel to control output gain readings from when the unit was last reset. remotely. Bypass—Bypasses the gain control of tiie SPt Averaging Time Choose integration time of tfie running average SPL controller arid the AGC. Oucker Control Ducker input provides momentary reduction of Controls mono or stereo signals through Euroblock Signal Patti program level (from 0 db to -40 dB) and inhibits connectors. sense operation for the duration of externally supplied control signal. 67400 JOURNAL-CITY COUNCIL--CHICAGO 7/29/2009 €> Symetrix SIGNAL FLOVi/ DIAGRAM ARCHITECTS AND ENGINEERS SPECIFICATIOIMS The Ambient Level Controlfer (ALC) and the output source impedance shall control the output level of the shall be 200 ohms balanced, 100 sound system in response to the ohms unbalanced. The gain control observed acoustical noise level range shall be -30 dB to +20 dB. within the controlled space during The frequency response shall be system operation. The ALC shall 20 Hz to 20 kHz +0/-1 dB with utilize an external miaophone to THD+N less than 0.025% at +4 dBu sense the ambient noise level. over the same range of frequencies. These measurements shall t>e made The output noise of the device shall continuously. The ALC shall be less than -95 dBu (20 kHz noise accommodate musical or paging bandwidth, unity gain). The input program signals. Provision shall be and output connguration shall be made for the user to monitor the active balanced. audio signal used by the ambient sense system by using headphones. All connections shall utilize barrier- style terminal strips. In addition to The ALC shall provide user- the audio input/output connec adjustable parameters to alter the tions, there shall be a connection way that it responds to changes in provided for a ducker input. The the ambient noise level. These ducker circuit will have an parameters are: minimum and adjustable threshold and will maximum gain through the device, inhibit response to changes in gain-.sense ratio, and averaging ambient level when signals applied time. In addition, the ALC shall to the ducker input are above the provide active mode, bypass mode, threshold level. and a history mode that collects A front panel power indicator shall and displays ambient noise history be provided. A liquid crystal display from the controlled space. The shall be provided to communicate sense input shall accept either mic ACCESSORIES operating parameters and setup or line level signal. The sense input information with the user. A gain shall tie adjustable, and 15 volt lockout function shall be available 10" Radonount Tray height is 1U phantom power shall be available. to prevent parameter setting A master output level control shall Filler Panel covers unused hair of rack tray #FP-3 changes by unauthorized users. also be provided. RC-3 (temata Control controls one volume channel /RC-3 The ALC shall provide two The ALC shall occupy half of the independent line level balanced width of one rack space and shall inputs and outputs that control two be housed in a metal enclosure. It audio signals. The maximum input shall use an external, safety agency level shall be +20 dBu and the approved, power supply. The maximum output level shall be Ambient Level Controller shall be +26 dBu (+22 dBm into 600 ohms) the Symetrix model 371 SPL SPECIFICATIONS balanced. The balanced input Computer. impedance shall be 20.000 ohms Input/Output Maximum Input Level +20 dBu balanced, -I-20 dBu unbalanced Pro^'am Input Impedance >20 k ohms balanced. >10k ohms unbalanced Input Common Mode Rejection >40 dB Connections Maximum Output Level +26 dBu balanced (20 kohm load) Une Inputs^ Sense Input, Ducker Corrtrol, -f22 dSm balanced (GOO ohm load) Remote Gain, Line Outputs Euroblock Output Impedance 20Q ohms balanced, 100 ohms unbalanced Power In 7-pin DIN Headphone 1/4 In. TRS. will drive mono or stereo headphones PerformancA Data Program Frequency Response 20 Hz to 20 kHz, +0, -1 dB Physical Program Path THD+N <0.025% (+4 dBu in, +4 dBu out) Size (H X W x D) 1/2 rack unit Output Gain Limits +20, -30 dB 1.75 in. X 8.5 in. x 6.5 in. /4.445 cm x 21.59 cm x 15.875 cm Sense Channel Frequency Response -3 dB at 300 Hz and 6000 Hz Shipping Weight 4.5 tbs./2.03 kg Sense Channel Gain selectable, 0 dB to +70 dB Additional Headphone Monitor Gain 28 dB maximum Electrical Program Channel Output Noise -95 dBu • unity gain, typical Power Requirements 10 W maximum. Symetrix PS-3 or PS-SE only Master Output Level Adjustment Range +/-10dBintemaL PS-3 11S V, 60 Hz AC nominal +10 dB to -50 dB remote PS-3E 230 V, 50 Hz to 60 Hz AC nominal 7/29/2009 REPORTS OF COMMITTEES 67401 jjj.j J jjj J RDL FLAT-PAK™ SERIES Model FP-PA20A Audio Power Amplifier ANYWHERE YOU NEED... 20 Watts RMS Constant Voltage Amplifier 70 Vand100 V Outputs Maximized Audio Level for Output Power Audio Quality Superior to Standard Amplifiers Input / Output Terminal Block Connections Line Level Balanced or Unbalanced Input Integral Audio Compressor to Control Clipping High Overall Operating Audio Level Peak LED to Indicate Audio Compression Ultra-compact All Metal Construction Convenience of RDL FLAT-PAKs You Need The FP-PA20A! The FP-PA20A is part of the group of versatile FLAT-PAK products from Radio Design Labs. The unique FLAT-PAK case canfc>e directl y screwed or bolted to cabinets or shelves. Optionally available rack- mounting accessories permit single or multiple FLAT-PAK module mounting. APPLICATION: The FP-PA20A is the ideal choice in many applications where multiple 70 V or 100 V speakers in a zone need to be powered from a single audio power amplifier. The FP-PA20A features a balanced line level input that may be connected unbalanced. A front panel gain control is designed to be adjusted either manually or with a trimming screwdriver. The gain range will accommodate standard unbalanced levels as well as professional b)alanced levels. Both a 70 V and 100 V amplified output are provided to drive corresponding speakers in a distributed sound system. A red PEAK LED is provided to indicate the threshold of the integral compressor. Audio levels that could cause the amplified output to clip are compressed according to two dynamk: time constants. Normal audio level signals remain unaffected by the compressor thereby preserving audio dynamics and preventing the compressor from increasing feedback potential when the amplifier is used for paging. The compressor is designed to remain aurally transparent while maintaining clean, undipped amplified audio for input ovenoads of up to 20 dB. In addition to the coiripressor, an active filter circuit prevents saturation of the output transformer at low frequencies. The FP-PA20A produces average audio levels and audio clarity normally expected of amplifiers delivering much higher output power. The durable construction and low profile of the FP-PA20A allow mounting in a wide range of locations not suited to a conventional style power amplifier. Power is provided to the module either through the barrier block or through the DC power jacV. For full RMS output power, a 24 VDC 2A power supply is required. A 1A supply is sufficient for normal program audio levels and content. Power supplies are sold separately. Wherever a high quality constant voltage audio power amplifier is needed to provide reliability, compactness and unsurpassed versatility, the FP-PA20A is the ideal choice. Use the FP-PA20A individually, or combine it with other RDL products as part of a complete audio/video system. 67402 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 RDL Radio Design Labs FLAT-PAK" SERIES Installation/Operation EN55103-1 E1-ES ENSSIOM E1-E4 Typic^ Pwfarmanoe reflects product at pubtcatton time IVIodel FP-PA20A exdusive of EMC data, if any, suppGed MV) producL Audio Power Amplifier C€ Specifications are stAject to change writtwut notice. USE PROTECTEO 24 VDC SUPPLY Muusr un^CR CMN 1 A MtNUUU. 2 A RECOUMa^DED. Z A REQURED FOR RUS OUTPUT PWR POWER OH MOCATCR KMlLaoCMCATEa CCWKES30R MmWTT. MUUf T BO LED DOES NOT FtMH CONnHUOUSLV R3R 24 VDC NCMiA-LCVC LA- POWER •— SOURCE •» o o I /—\ /—— 70 VOLT SPEAKER :\ / 70 VOLT SPEAKER \ / 70 VOLT SPEAKER \z TYPICAL PERFORMANCE input Line level (+4 dSu nominal balanced) (-10 dBV nominal unbalanced) Input Impedanoe: 20 VQ balanced bridging 10 Id! unbalanced COMPRESSION Input / Output Connectors: Plug-in temiinal block Gain Adjustment Single tum audio taper f Minimum Input Levels; Balanced: -26 dBu (to cross compressor ttirsshoid) / Unbalanced: -28 dBV (to cross compressor threshold) f Maximum Input Levels: /• o Balanced: +23 dBu fr •A• ^ 20W« Unbalanced: +15 dBV / 5 Frequency Response: SO Hz ID 20 ld^z (+/- 3 dB)* / THD+N: < 0.1% (@ 1kHz)* / 8 < 0.5% (50 Hz to 20 kHz)* / Compressor Threshckj 6 dB bekiw rated output, .40 dB -20 dB )dB automatic adusting attack aix) release INPUT SIGNAL Noise: <-80 dB (betow 20 W RMS) CMRR: > 55 dB (50 Hz to 120 Hz) Output Power 20 W RMS @ 70 V or 100 V /Vmbient Operating Enviranment 0* C to 30* C Maximum; 2(r C ReoommetvJed Power Requirement 24 Vdc @ 1650 mA (far oontir«JotB RMS pcfwer output. Ground referenced) 24 to 33 Vdc @ 1000 mA (for normal program material with rnnimal compression. Ground referenced) Indicators (2): Red LED: PEAK LED Indicates compressor adrrity Green LED: Power ON 'measured at compressor threstiold level equaling 4 W RMS output power Overall Dimenskins: Height Z30in. 5.85 cm Wklth: 3.2s in. 8.26 cm Length: 6.04 bi. 15.3 cm 7/29/2009 REPORTS OF COMMITTEES 67403 No. 4280-3 Models WP-300 &. WP-300S Wall Plate Microphones GincnU De.scriptJon 'Hie Niodcls Wi'.jr.i: -.nA V.p-JOOS V.'al. PijieNliaaphoncs .:ie: iil;;illy JjS;^-(K-il ii : ^CL.inly 'UoniK'nn-;, f.i-l-focid and :';\. nulIt'K. •.: .-.lehouscs Li:id;:uli';icu>-:;j;c ,-.ppliC::lic.>ns, Tln-.i dyi;;i::iL-, oi.M.i-.;ircctionaI nii;rophoni'-i niouu on M;.i:iii.!d electrij;i'i, 'cin;_i',--i.':.rig wall h(H--<. Tnc Iioiisir!'. <•'' ..;.cli unil Is.in.ilu iiir.i.i i i>ien-.blyonaii:;.i ('.r.x-t plj.:i; wilh li •• l:-ll.. J,-,ll.;nchtOl.lL•^:lli.sh.'^l•Jil^^:•nllIyisi:^:•:npIclev. ill. ii-'.". i;. ••iM •.-.•<'V.'.IOIIII1.\-..HL1 V.'P-300Sii;cludi;.Mii'.i-.mhU- pp;,-. .;.:iir>l'.--i-rro'.v s'.'^'ii.-i ff' r.ish-lo-tali. ;;i;J line sti^irurig c.i'ii;- IIIIL-S. ::'.-:/ S'pecitlcation.s blcinc:!'. • K'liiin.ic iiRished aaurichroi iL- Polar I'allej-) V-.'eighl On'-iiiiiine^'l-iovul \^ P-300: 3 oz(!<5 e). w?-3fj(is: 3.5 «z ly g) Frequency Ri ^pini^e U)Oio!0,iin;in?. Impd:l:iiice ; 50)0 200 olims (low) BLACK O'Jlpul Le\i.l ai I kHz lEfi.D LENGTH Opi.-\ Circuit: -81 dB (re: 1 V/nbur) APPROXIMATELY 2-1/2 IN. (64 Mtv',;. Power Level: -60 dB (r;-: ImW/lOjihars) BLUE + ElASc.isii\;iy:-153dB Switch .\iodel WP-.-iOOi NoSttiuh M'xJel WP-300S: Doutv.-pole.doublo-L-raw swiidi for :ijsh-ii>-ul)> .-.re liiK-shirrlirij. Wiring Diagrams Housing Aii^niin'.>:ii and nil^hir a>.si::ubly on s.ecl'.vjll plate 'liejtCjmna-icaiions inc. Mft-ci 1989 67404 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 y -^ ;aZi. _^ » r-i ^^ 1 1 r •"•, -M^IVIM s a. 5 \ Q 3 s" O & '^M («»)^ t^it^ ''by-"i 1 •-^- (^ ••'- — ^n- *^f ^ 00 !L .CM. V -Vt'ytVtVt O O a, ion O Ll 7/29/2009 REPORTS OF COMMITTEES 67405 ^^Ki^liii The Bose* FreeSpace' Model 32 loudspeaker is a 32 Watt loudspeaker designed for flush-mount ceiling installa tions in commercial spaces with ceiling heights up to 30'. It offers the following features: • A 4.5" Bose HVC (Helical Voice Coil) driver with active equalization, providing reliable high quality sound In a compact enclosure • A multi-tap line transformer that provides easy to change tap settings for 1W, 2W, 4W, 8W, 16W, and 32W • l\4ounting hardware that permits fast and easy installation in any kind of celling Frequency Range Dimensions • Complies with U.L. 2043 for use in 80Hz to IBIdHz (with active equalization) Flange Diameter: 7.72" (19.6 cm) air handling spaces Model 32 Versions Hole Diameter; 7.19" (18 cm) • Simple contemporary design will Active Equalization blend with any decor and can be Depth: 8" (20.3 cm) painted to match any Interior ' 70V, 32 Watt Weight • 100V, 32 Watt 3.7 lb (1.68 kg) speaker only • 70V, 32 Watt, (Ire protective signaling 5.7 lb (2.6 kg) Including mounting hardware (70V & 100V versions) Passive Equalization 3.0 lb (1.3 kg) speaker only All hardware required to mount the • 4£1, 32 Watt, no transformer FreeSpace Model 32 loudspeaker is 5.1 lb (2.3 kg) Including mounting Sensitivity^ included with the loudspeaker. hardware (412 version) 89dB-SPL, 1W, 1m (speech) The "Quick Install" mounting hardware Mounting Hardware 87dB-SPL, 1W, 1m (music) consists of two 5.5" x 11" (13.9 cm x Ceiling pan: 11" (W) x 11.75" (D) 27.9 cm) formed sheet metal plates Maximum Acoustic Output' (28 cm (W) X 30 cm (D)) which are assembled on two formed 104dB-SPL average (speech) Pan rail: 1.15" (W) x 23.75" (D) metal channels 23.75" (60.3 cm) long. 102dB-SPL average (music) (2.93 cm (W) X 60.3 cm (D)) The channels transfer the weight of the pan and loudspeaker out to the tile Beamwidth (-6dB point) (hardware included with each loudspeaker) support grid. The pan halves, when 132" conical (average. 1-4kHz) plated for loudspeaker installation on Long-Term Power Handling* the channels, will form a central clear 32W continuous ance hole equal to the recommended mounting hole for the loudspeaker. The mounting technique requires the use of a metal ceiling pan which can be used in all forms of drop tile ceiling construction up to 2" (5 cm) thick, and can be installed behind existing ceilings through the Installation hole. Each pan half provides for the attachment of a 'Full bandwkjth pink ncAse Is applied to the FreeSpace system controller and amplified to a level at the speaker terminals corresponding to 1 Watt as referenced to the nominal Impedance. The average sound pressire level (dB-SPL) Is measured at 1 meter from the speaker In an anechok: environment 'Full bandwidth pink noise Is applied to the FreeSpace system controller and amplified to a level at the speaker terminals corresponding to the long-teim rated power handling of the speaker. The average sourxl pressure level (dB-SPL) Is meastned at 1 meter from the speaker In an anecholc environment. "Fun bandwMth noise, meeting the Intematkinal Electrotechnk:al Commisston Standard #268-5 Is applied to the FreeSpace system controller and ampllTed to a level at the speaker terminals corresponding to the power handling of the speaker. The speaker must show no visible damage or measurable loss of FreeSpace' .ww«Arni9n/.o nftoT 10R hnir^ nf contlnuoustcfrtinn. 67406 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 11.75" 298.45 mm Model 32 speaker dimensions spring retention mechanism virfiich actually lifts the loudspeaker into place and holds Engineers' and ArchitectsV; :U:L^ Cetiiflcatioh it firmly against the ceiling surface. A Specifications deliberate and separate action is required All versions of the Model 32 loudspeaker to remove the unit from the bracket after comply with U.L. requirements for the withdrawing it from the ceiling. The loudspeaker shall be a 32 Watt ported loudspeaker system utilizing following uses: Assuming the mounting hole has been one 4.5" full-range driver for installation • Vandal resistant (with grille in place) cut in a suspended ceiling panel, and a in a manner where the grille surface is • Suitable for general purpose use stripped signal wire is present, installation nominally flush with the ceiling surface can be completed in less than three (U.L. category UEAY); the U.L. and the enclosed volume protrudes Control Number is 3N89, the U.L. minutes with the use of one screwdriver. within the ceiling space. Pliers and additional time may be re File Number is S5591 quired for installation of North American- The 70V and 100V versions shall be • All models comply with the require -tyle strain relief bushings, connection to designed for use with a proprietary ments of NFPA 70, National Electric dxible conduit, and for installation of the active equalization device. Versions Code, 1993, Article 300-22 (C), and pan in ceilings of plaster or of hidden intended for use with line amplifiers U.L. 2043 for use in air handling spline tile construction. shall also contain multiple tap Imped spaces, and NFPA90A-1993, Installa ance matching transformers. tion of Air Conditioning and Ventilation The design shall minimize the use of Systems, Section 2-3.10.1 (a). Excep Loudspeaker Configuratipn organic materials in the product and tion 2. A variant of the 70 Volt version the mounting mechanism such that the that compiles with U.L. 1480 for use Either of the 70 Volt versions and the product shall meet the requirements of as a Fire Protective Signaling Speaker 100 Volt version can be part of a distrib U.L. 2043. All exposed cosmetic surfaces under U.L. category UUMW is only uted sound system when used in con shall be paintable and the acoustically available by special order. The U.L. junction with the FreeSpace* BMA-125 transparent grille component shall be Control Number for this model is 42S9, business music amplifier or when used formed of expanded metal mesh. A dust the U.L. File Number is S34Z1 with the FreeSpace system controller and paint shield shall be supplied with and a comparable amplifier. every unit to protect the transducer prior to grille Installation. Warranty information The 4Q model is intended to be a budget loudspeaker requiring neither tap capabil The loudspeaker's maximum acoustic out ity, line amplifier, nor equalizer. Any modest put shall be 104dB-SPL from 80Hz - 16kHz, All versions of the Bose FreeSpace amplifier or receiver can be used to drive with measurements referenced to a flill- Model 32 loudspeaker are covered by this loudspeaker. It utilizes a mid-band bandwldth pink noise input at 1 meter at a 5-year, transferable limited wananty. RLC filter to equalize driver output. the loudspeaker's rated power. The input connection shall 4)se f^oiporstion. F>rores5lona< (Products OMslon. The Mountain, Fronilnc^ani, MA 01701-9168 USA TEL (508) 879-7330 FAX (508) e72.«^1 Bose products are distributed worldwide. Product reatures and spedficadons sufafect to change wthout notice. Bose is a registered trodemvlt at Bose CocpnaUmi. 7/29/2009 REPORTS OF COMMITTEES 67407 FreeSpace"" Model 32SE Surface-Mount Loudspeaker General Description The Bose' FreeSpace Model 32SE loudspeaker is a 32-Watt loud speaker designed for surface-mount installations in indoor and outdoor commercial spaces. It offers the following features: • A 4.5" (11.4 cm) Bose HVC (helical voice coil) environmental driver Technical Information with active equalization, providing reliable high quality sound In a compact enclosure Frecfuency Range Dispersion (-6dB point, average, 90Hz to 16kHz (±3dB) 1-4kHz) • A multi-tap line transformer that Model 32SE Speaker Versions ISa* conical provides easy-to-change tap Active Equalization Long-Term Power Handling* settings for 1W, 2W, 4W, 8W, 16W/, and 32W (available on 70V 32W continuous • 70V (1V\?, 2W, 4W, 8W, 16W. 32W and 100V versions) taps) Mechanical Specifications • Uses the same equalization as • 100V (1W, 2W, 4W, aw, 16W, 32W Dimensions: 6'H x 9"W x 5.6"D the Model 32 flush-mount and taps) (15.2 cmH X 22.9 cmW x 14.1 cmD) Model 25 loudspeakers Weight: 5 lb (2.3 kg) Passive Equalization • Simple design available In black or • 4ii, 32W, no transformer Connectors: 70V/100V, screw termi white to blend with any decor or nal; 4a, hex nut post terminals Sensitivity' can be painted to match any Mounting Hardware Included: Quick interior Active Equalization Install U-bracket and hardware • Mounting hardware that penmits 86dB-SPL © 1W, 1m (pink noise) Additional Mounting Points: Two (2) fast and easy installation Passive Equalization V4-20 inserts, 0.7 inch on bottom • Weather-resistant design and . 86dB-SPL e 1W, 1m (pink noise) hardware ensure reliable perfor Maximum Acoustic Output* mance Indoors or outdoors 101dB-SPL © 1 m (pink noise) 101 dB-SPL © 1m (lEC noise) Installation Hardware and Installation Instruc tions are Included with the loud speakers. The loudspeakers may be mounted horizontally or vertically using the U-brackets, which attach to the side 'Full bancMMth pink ndse I3 applied to the FreeSpace system controller and amplified to a level at Internal threaded Inserts. The ttie loudspeaker temilnals coiresponding to 1 Walt as referenced to the nominal Impedance. The loudspeaker slips easily into the average sound pressure level (dB-SPL) Is measured at 1 meter from the speaker In an anecholc mounting bracket and can be tilted. environment 'Full tjandwldth pink noise Is applied to the FreeSpace system controller and amplified to a level at the kiudspeaker terminals corresponding to the king-temn rated power handPing of the speaker. The average sound pressure level (dB-SPL) is measured at 1 meter from the speaker In an anecholc envfTonmenL 'Full bandwidth pink noise, meeting Bectrotechnlcal Commission OEC) Standard #268-5, with a spectrum corresponding to average program material. 'Fun bandwklth noise, meeting the lEC Standard «2e8-S Is applied to the FreeSpace system controller and amplified to a level at the toudspeaker temilnals corresponding to the power handling of the kiudspeaker. The loudspeaker must show no visible damage or measurable k>ss of perfor mance after 100 hours of continuous testing. FreeSpace 67408 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Views of Speaker Willi Bracket Front View Side View - 7.06 1179.37mml- -6.56 [141.30mm)— 3J0O [76.20mml 2.00 |50.80tnml 6.00 [152.40nunl 3.00 r7e.20inm] 1.B0(38.10mm| 5.13 [130.18nim] Rear View Top View r-1.S0[37.97inmJ ejM [1E2.40limil 3.60 (91.3SnimI 2.00 (SCSOmmJ S.Sa I141.27ininl 3JtS [87.e3mml 3,45 (87.63minl -I -9.aOI22a.eOinml -9.31 123a,S5aini] oudspeaker Configuration Engineers' and Architects' Safety and Regulatory Specifications Compliance cither the 70V or 10OV version of the Model 32SE loudspeaker can be part The loudspeaker is a 32-Watt, All versions of the Bose FreeSpace of a distributed sound system when ported loudspeaker system utilizing Model 32SE loudspeaker are UL used in conjunction with any Bose* one 4.5" (11.4 cm) HVC environmen listed for safety and suitable for amplifier or when used with a tal full-range driver mounted on the general purpose use. They comply FreeSpace" system controller and a frontal-facet baffle assembly. The with ANSI/EIA 636, Recommended comparable etmpllfier. driver shall have a rated impedance Loudspeaker Safety Practices and The 4Q version is passively equalized of 2n (except the 4i2 version) and EMC Directive 89/336/EEC and and therefore does not require a shall be wired In parallel with a line Article 10 (1) of the Directive in controller. voltage-matching (stepdown) compliance with EN50081-1, transformer with level selector All versions of the Model 32SE EN50082-1, as signified by the appropriate for various output taps. CE mark. loudspeaker may be permanently The AQ. version Is intended for direct Installed in Indoor or outdoor applica connection to unequallzed low Warranty Information tions. impedance amplifier sources. The Model 32SE loudspeaker Is All versions of the Bose FreeSpace electrically and acoustically compat The loudspeaker shall have a twin- Model 32SE loudspeaker are cov ible with Model 32 loudspeakers. ported vent system, with a maximum ered by a 5-year, transferable limited This permits a mix of FreeSpace acoustic output of 101 dB-SPL from warranty. Model 32SE and Model 32 loud 90kHz to 16kHz, with measurements speakers to be connected to the referenced to a full-bandwidth pink Model 32 equalized amplifier output. noise Input at 1 meter at the loud speaker's rated power. The input The Model 32SE is packaged two connection shall consist of a bam'er units per carton. strip "screv/" type terminal. Its power handling capability shall be 1, 2, 4, 8,16, or 32 Watts continuous power when referenced to lEC noise for 100 hours. The nominal disper sion shall be 132° at -6dB conical. Bettarsoincf Ihrougfi researcfh The loudspeaker shall be the Bose FreeSpace Model 32SE loud O2000 BOM CaqxnllQn, Tlw hfountiln, speaker. (Vmilnaham. UA 01701.S168 7nWU AU Bawni DmvRl^t tUiWTtM 7/29/2009 REPORTS OF COMMITTEES 67409 (Sub)Exhibit "F". (To CNN Airport Network® Programming Service Agreement With AC Holdings, Inc.) Special Conditions Regarding Airport Concessions Disadvantaged Business Enterprise (A.C.D.B.E.) Commitment. POLICY AND PROGRAM It is the policy of the City of Chicago ("City") not to discriminate on the basis of race, color, sex or national origin in the award or performance of airport concession agreements. Because the City is a recipient of Airport Improvement Program funds from the Federal Aviation Administration ("FAA"), the concessions at the City's airports are subject to 49 CFR Part 23, Participation of Disadvantaged Business Enterprise in Airport Concessions ("Part 23"). The City will not, directly or indirectly, through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or impeding the accomplishment of the objectives of Part 23. Compliance with Part 23 requirements will not diminish or supplant the Tenant's obligations to comply with non-discrimination laws as required elsewhere in the Agreement. In the event of a conflict between the provisions of these Special Conditions and the requirements of Part 23, the requirements of Part 23 shall prevail. Part 23 is available on-line at www.access.gpo.gov/nara/cfr/waisidx_06/49cfr23_06.html. It is further the policy of the City, in accordance with the requirements of Part 23, that Airport Concession Disadvantaged Business Enterprises ("ACDBEs") have the maximum opportunity to participate fully in the City's airport concession program. As used throughout these Special Conditions, the term "ACDBE" means an entity that has been certified as such under the Illinois Unified Certification Program ("UCP"). If a firm is not certified by the Illinois UCP as an ACDBE in accordance with the standards in Part 23, the firm's participation is not counted for Part 23 purposes. ACDBEs certified by other jurisdictions are not considered certified ACDBEs for purposes of this Agreement and will not be counted as such unless they have also been certified by the Illinois UCP. In accordance with Part 23, Subparts B and D, the City submitted an ACDBE Program and ACDBE Goal for approval by the FAA. The FAA-approved ACDBE Program and ACDBE Goal are available upon request. In the event of any amendments or revisions to Part 23 (or any related or superseding regulations), these Special Conditions shall be subject to such revised regulations and any City-promulgated program, regulations, or goals established thereunder. Upon request by the City, this Agreement shall be amended to replace these Special Conditions with revised Special Conditions that reflect the then-current federal regulations, if necessary. The following assurances are required to be included in the Agreement by 49 CFR §23.9(c). Tenant is deemed to be the "concessionaire or contractor" referenced. 1. This agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23. The concessionaire or contractor agrees that it will not discriminate against any business owner because of the owner's race, color, national origin or sex in connection with the award or 67410 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 performance of any concession agreement, management contract, or subcontract, purchase order or other agreement covered by 49 CFR Part 23. 2. The concessionaire or contractor agrees to include the above statements in any subsequent concession agreement or contract covered by 49 CFR Part 23, that it enters and cause those businesses to similarly include the statements in further agreements. II. GOALS The City has established, and the Federal Aviation Administration has approved, aspirational goals for ACDBE participation in its airport concessions program as required by Part 23, Subpart D. Generally, ACDBE participation in airport concessions is measured as a percentage of armual gross receipts earned by the concessions. Details on counting ACDBE participation are found in 49 CFR §§ 23.53 (rental car concessions) and 23.55 (non-rental car concessions) and described fiirther below: Rental Car Concessions. Due to the lack of ACDBE rental car companies, the national or regional nature of rental car industry procurement practices and a general lack of reliable historical data, the City has determined that the aspirational goal for ACDBE participation in rental car concessions is 0%. Nevertheless, rental car concessionaires are encouraged to use all reasonable efforts to maximize procurement of goods and services from ACDBEs that may be certified in the Illinois UCP or the UCPs of other states. Non-Rental Car Concessions. The City has determined that the appropriate aspirational goal for ACDBE participation in non-rental car concessions is 40%. Historical data regarding ACDBE participation at the City's airports indicates that this aspirational goal should consist of a race-neutral goal of 15% and a race-conscious goal of 25%. The foregoing aspirational goals are for the City's concessions program as a whole. With respect to this Agreement, the City may or may not have established a contract-specific ACDBE aspirational goal at the time that the City issued the Request for Proposals for the concession ("RFP"). If the RFP included a contract-specific goal, Tenant's proposal either included participation by ACDBE(s) that met or exceeded the contract-specific goal or Tenant demonstrated "good faith efforts" to meet that contract-specific goal but was unable to do so. Guidance on "good faith efforts" can be found in Appendix A to 49 C.F.H. Part 26. Appendix A as it appears on the date of the Agreement is incorporated in Section VI. A. of these Special Conditions, but Tenant is responsible for compliance with federal regulations as they may be amended from time to time. III. TENANT'S ACDBE COMMITMENT A. INITIAL ACDBE COMMITMENT 1. Rental Cars. As provided in U above, there is no ACDBE participation goal for rental car concession agreements. Consequently, rental car concessions are not required to commit to a percentage participation by ACDBEs in the concession, but rental car 7/29/2009 REPORTS OF COMMITTEES 67411 companies are strongly encouraged to utilize ACDBEs to the maximum extent possible in the procurement of goods and services. 2. Non-Rental Cars. The extent and nature of the ACDBE participation commilment by Tenant is documented in Schedules B, C and\or D attached to these Special Conditions ("ACDBE Commitment"). As used these Special Conditions and in Schedules B, C and D, "Tenant" means the entity with whom the City has entered into a concession agreement, whether that entity is referred to in that agreement as "Tenant", "Licensee" or other term. The total ACDBE Commitment, stated as a percentage of the concessions gross revenues, must equal or exceed the percentage ACDBE participafion required in the Term Sheet attached to the Agreement as Exhibit 1. If the Term Sheet indicates that there is no ACDBE participation requirement for this concession, it will be conclusive evidence that either (a) the RFP contained no contract-specific goal and Tenant did not propose any ACDBE participation or (b) the Tenant demonstrated, to the satisfaction of the City, that it exerted good faith efforts to obtain ACDBE participafion to meet a contract-specific goal but was unable to obtain such participation. In either such event, there will be no Schedule B, C or D attached to these Special Condifions. If there is ACDBE participation in the form of a joint venture member, the attached Schedule B sets forth the essential terms of that joint venture participation, including a representation as to the value of the ACDBE's activities in operating the concession as a percentage of gross revenues, and a copy of the joint venture agreement is attached to Schedule B. If there is ACDBE participation is in the form of ACDBE(s) acting as sublicensee(s) or subcontractor(s), it is documented in Schedules C and D. Schedule(s) C is the commitment by the ACDBE(s) to participate by providing the goods or services indicated, and Schedule D is the commitment by the non-ACDBE to such participation by the ACDBE(s). B. CHANGES IN ACDBE PARTICIPATION Arbitrary changes by the Tenant in its ACDBE Commitment are prohibited. Further, after entering into a joint venture agreement, sublicense or subcontract (collectively, "ACDBE agreement") with each approved ACDBE, Tenant and each ACDBE must thereafter neither terminate the ACDBE agreement, reduce the scope of the ACDBE's participation in the concession, nor decrease the compensation to the ACDBE, as applicable, without in each instance receiving the prior vmtten approval of the City. Tenant must promptly notify the Commissioner of any proposed change in an ACDBE agreement and submit a copy of the proposed amendment to the ACDBE agreement. In any event, the collective participation of the previously approved ACDBE(s) must either continue to contribute to the concession at least the value of the ACDBE Commitment, as stated in terms of a percentage of gross revenues, or substitute or additional ACDBE(s) must be retained by Tenant pursuant to (D) below to maintain the ACDBE Commitment, 67412 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 except as provided in (C) below. Failure to comply with the ACDBE Commitment is an event of default under the Agreement. If the proposed change in ACDBE participation is approved by the City, Tenant and ACDBE(s) must complete revised Schedules B, C or D, as applicable. C. INVOLUNT/VRY CHANGES IN ACDBE PARTICIPATION 1. In the event that it appears that Tenant will not comply with its ACDBE Commitment because: (i) an ACDBE has defaulted in its performance under the ACDBE agreement through no fault of Tenant, (ii) an ACDBE is decertified by the Illinois UCP through no fault of Tenant and the ACDBE's participafion can no longer be counted, (iii) the ACDBE's certified area of specialty has been changed through no fault of Tenant and the ACDBE's participation can no longer be counted, or (iv) an ACDBE is otherwise unable or unwilling to perform its obligafions through no fault of Tenant, then Tenant must promptly nofify the City, specifying one or more of the foregoing reasons as the cause for potential non compliance with the ACDBE Commitment. If the City concurs with the specified reason, Tenant shall use good faith efforts as described in Section VI below to replace the ACDBE's participation with participation by another ACDBE. As provided in Section VI, Tenant must demonstrate those good faith efforts to the satisfaction of the Commissioner. In the event that Tenant wishes to replace an ACDBE or reduce an ACDBE's participation for reasons other than the foregoing. Tenant must replace the ACDBE's participation with participation by an ACDBE that is acceptable to the City so that total ACDBE participation meets or exceeds the ACDBE Commitment, and Tenant's good faith efforts to do so are not sufficient. Failure to comply with the foregoing shall be an event of default under the Agreement. 2. Tenant's position in these cases must be fully explained and supported with adequate documentation. Stated reasons which will NOT be acceptable include: A replacement firm has been recruited to perform the same function under terms more advantageous to the Tenant; issues about performance by the committed ACDBE were disputed (unless every reasonable effort has already been taken to have the issues resolved or mediated satisfactorily); and an ACDBE has requested reasonable price escalation which may be justified due to unforeseen circumstances. D. ACDBE SUBSTITUTION AND ADDITIONAL ACDBEs If Tenant identifies a substitute, replacement or additional ACDBE for the City's approval. Tenant's request for approval shall include the name, address, and principal official of the proposed ACDBE; the nature and essential terms of the ACDBE agreement under which the ACDBE will participate; and a letter of intent signed by Tenant and the ACDBE to enter into such an ACDBE agreement upon approval by the 7/29/2009 REPORTS OF COMMITTEES 67413 City. Tenant must provide such other affidavits and documents as the City may request to evaluate the request. The City will evaluate and respond to the submitted documentation within fifteen working days after the submittal of a complete request. The response may be in the form of approving the request, requiring more informafion, or requiring an interview. Actual use of a substitute, replacement or additional ACDBE should not be made by Tenant before City approval is given. An ACDBE agreement between Tenant and the ACDBE must be executed within the time specified by the City, and a fully executed copy of the ACDBE agreement must be submitted immediately to the City. E. AGREEMENT EXTENSIONS, ASSIGNMENTS AND SUBLEASES If the Agreement contains a term extension or if the Tenant proposes an assignment or sublease of the Agreement, as a condition precedent to the City's consent to such extension, assignment or sublease, the City and Tenant will revisit and possibly adjust the Tenant's ACDBE Commitment to reflect any possible change in ACDBE availability and to ensure compliance with Part 23 as it may have been amended in the interim. Tenant will be required to provide amended Schedules D, B, or C, along with amended ACDBE agreements, to reflect any required changes to' the ACDBE Commitment or provide documentation of good faith efforts to achieve increased ACDBE participation. COUNTING ACDBE PARTICIPATION A. NON-RENTAL CAR CONCESSIONS In order for their participation in the concession to be counted and reported to the FAA, ACDBEs must perform a commercially useful function, as defined in 49 CFR § 23.55(a). The work performed or gross receipts earned by a firm after its ACDBE eligibility has been removed are not counted, except as provided in 49 CFR § 23.55(3). Costs incurred in connection with the renovation, repair, or construction of a concession facility (sometimes referred to as the "buildout") are not counted. Otherwise, ACDBE participation in non-rental car concessions is counted as follows: 1. Tenant is an ACDBE. When Tenant is an ACDBE or a joint venture consisting only of ACDBEs, the gross receipts earned by Tenant are counted. Gross receipts attributable to a non-ACDBE sublicensee of Tenant are not counted. 2. Separate locations. When an ACDBE performs as a sublicensee to Tenant with its own concession location or when Tenant is a joint venture which includes a non-ACDBE and in which an ACDBE operates its own separate location, the gross receipts earned by the ACDBE at its separate location are counted. The ACDBE location must be independently operated by the ACDBE as evidenced by the ACDBE's responsibility for all aspects of the management and operation of 67414 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 the location. Gross receipts attributable to a non-ACDBE sublicensee of the ACDBE are not counted. 3. Joint venture, no separate locations. When Tenant is a joint venture with an ACDBE participant and the ACDBE jointly participates with a non-ACDBE in the operation of all locations, only the portion of the Tenant's gross receipts attributable to the distinct, clearly defined portion of the work of the concession that the ACDBE performs with its own forces is counted. When the City has reason to doubt the extent of an ACDBE joint venturer's commercially useful contribution towards the concessionaire's gross receipts, the City may require Tenant to submit evidence to substantiate the value of the ACDBE's contribution. If the Tenant fails to submit satisfactory evidence, it is an event of default under the Agreement. 4. Subcontractor participation. When an ACDBE provides, as a subcontractor to Tenant, goods or services for operation of the concession, the amounts paid to the ACDBE are counted as provided below. However, if the ACDBE enters into a subcontract with a non-ACDBE to provide the goods or services, the amounts paid to the non-ACDBE are not counted. a. The entire amount of fees or commissions charged by an ACDBE firm for a bona fide service, provided that the City determines this amoimt to be reasonable and not excessive as compared with fees customarily paid for similar services. Such services may include, but are not limited to, professional, technical, consultant, legal, security systems, advertising, building cleaning and maintenance, computer programming, or managerial. b. The entire amount of the cost of goods obtained from an ACDBE manufacturer, as provided in 49 CFR § 23.55(f). c. The entire amount of the cost of goods purchased or leased from a ACDBE regular dealer, as provided in 49 CFR § 23.55(g). d. For goods purchased from an ACDBE which is neither a manufacturer nor a regular dealer, the amount of reasonable fees, commissions, or delivery charges earned by the ACDBE, as provided in 49 CFR § 23.55(h). B. RENTAL CAR CONCESSIONS If Tenant is a rental car company, ACDBE participation counts in accordance with the provisions of 49 CFR §23.53. Goods and services will be counted in accordance with the following: 7/29/2009 REPORTS OF COMMITTEES 67415 1. The entire amount of the cost charged by an ACDBE for repairing vehicles, provided that it is reasonable and not excessive as compared with fees customarily allowed for similar services; and further provided that any portion of a fee paid by a manufacturer to an ACDBE car dealership for reimbursement of work performed under the manufacturer's warranty is excluded; 2. The entire amount of the fee or commission charged by an ACDBE to manage a car rental concession under an agreement with the Tenant, provided that it is reasonable and not excessive as compared with fees customarily allowed for similar services. 3. For other goods and services, ACDBE participation counts as provided in 49 CFR §26.55 and §23.55. In the event of any conflict between these two sections, §23.55 controls. 4. If a rental car company has a nafional or regional contract with an ACDBE, it may count a pro-rated share of the amount of that contract toward the goals of each airport covered by the contract as provided in §23.55(f). Rental car companies may also count ACDBE direct participation through direct ownership arrangements, but such arrangements are not required. CERTIFICATION, RECORDS, REPORTS AND MONITORING A. CERTIFICATION Copies of letters of certification firom a member of the Illinois UCP for each ACDBE that is part of Tenant's ACDBE Commitment are attached to their respective Schedule C or Schedule B. All letters of certification issued by the City of Chicago include a statement of the ACDBE firm's area of specializafion. Each ACDBE must promptly notify Tenant if there is any change in the ACDBE's certification status. Tenant, in tum, must notify Commissioner of any change in an ACDBE's certification status and provide a copy of £my correspondence from the certifying agency regarding the status of an ACDBE's certificafion. The ACDBE's scope of work, as detailed by Schedule B, C or D, must conform to its stated area of specializafion. If, during the course of this Agreement, Tenant proposes to amend Schedules B, C or D so that an ACDBE performs additional work or supplies additional goods, materials or services not covered by its area of certification, the ACDBE must request an extension of its certification for such work, goods, materials or services in order to coimt toward the ACDBE's participation in the concession. The request to expand the scope of the ACDBE's certificafion, together with all documentation required by the City to process that request, must be received by the City 67416 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 at least 60 days in advance of the proposed date to perform such additional work or supply such additional goods, materials or services . B. RECORDKEEPING The Tenant must maintain records of all relevant data with respect to the ufilization of ACDBEs, retaining these records for a period of at least three years after termination or expiration of the Agreement. Tenant grants full access to these records to the City of Chicago, Federal or State authorities, the U.S. Department of Justice, or their duly authorized representatives. C. REPORTING Tenant must file ACDBE ufilizafion reports (monthly if non-rental car and quarterly if rental car), together with its concession license fee payment, delineating for the month or quarter, as applicable, and cumulatively for the year-to-date: (i) contribution by ACDBE joint venture member(s) or sublicensee(s) to Tenant's gross receipts and (ii) payments to ACDBE subcontractor(s). Each ACDBE utilizafion report must be signed by an authorized officer or representative of the Tenant and be notarized. D. MONITORING The City will, from time to time during the term of the Agreement, conduct investigations and interviews to monitor and verify that ACDBE participation in the concession meets or exceeds the ACDBE Commitment. Tenant must give, upon request, earnest and prompt cooperation to the City in submitting to inspecfions and interviews, in allowing entry to places of business, in providing ftirther documentation, and in requiring the cooperation of its ACDBEs. If the City determines that an ACDBE's actual role or responsibilities do not comply with the representations made by Tenant and the ACDBE in Schedules B, C or D, or that Tenant and/or ACDBE have misrepresented to the Cify either the payments to the ACDBE or the value of the ACDBE's participafion in a joint venture, it shall be an event of default under the Agreement. VI. GOOD FAITH EFFORTS A. EXAMPLES Examples of "good faith efforts" are described below and in 49 CFR § 23.25, 49 CFR §26.53, and Appendix A to 49 CFR Part 26. As provided in § 23.25, §26.53 and Appendix A to 49 C.F.R. Part 26, the following are examples of documented actions that the City may take into consideration in determining whether Tenant made good faith efforts: 7/29/2009 REPORTS OF COMMITTEES 67417 1. Soliciting through all reasonable and available means (e.g., advertising and/or written nofices) the interest of all certified ACDBEs who have the capability to perform work or services or to supply goods relevant to the concession. Tenant must solicit this interest within sufficient time to allow the ACDBEs to respond to the solicitation. Tenant must determine with certainty if the ACDBEs are interested by taking appropriate steps to follow up initial solicitations. 2. Soliciting the work, services or goods in portions that increase the likelihood that an ACDBE can perform the work or services or provide the goods. This includes, when appropriate, breaking out contract items into economically feasible units to facilitate ACDBE participation, even when the concessionaire might otherwise prefer to perform these work items with its own forces. 3. Providing interested ACDBEs with adequate information about the operafions, management and requirements of the concession in a timely manner to assist them in responding to a solicitation. 4. Negotiating in good faith with interested ACDBEs. Evidence of such negotiation includes the names, addresses and telephone numbers of ACDBEs that were considered; a description of the information provided regarding the opportunities selected for possible ACDBE participation; and evidence as to why agreement could not be reached for ACDBEs to perform the work. NOTE: A concessionaire using good business judgment would consider a number of factors in negotiafing with potential business partners or subcontractors, including ACDBEs, and would take a firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using ACDBEs is not in itself sufficient reason for a failure to meet the ACDBE Commitment, as long as such costs are reasonable. Concessionaires are not, however, required to accept higher quotes fi-om ACDBEs if the price difference in comparison to non-ACDBEs is excessive or unreasonable. 5. Not rejecting ACDBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The ACDBE's standing within its industry, membership in specific groups, organization or associafions and political or social affiliation (for example union vs. non-union employee status) are not legifim'ate causes for rejection. 6. Making efforts to assist interested ACDBEs in obtaining bonding, lines of credit or insurance as required by the City or Tenant. 7. Making efforts to assist interested ACDBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. 67418 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 8. Effectively using the services of available minority/women community organizations and contractors' groups; local, state and federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of ACDBEs. B. DOCUMENTATION Whenever Tenant is required to demonstrate good faith efforts by Part 23 or these Special Conditions, Tenant must provide supporting documentation to the safisfaction of the Commissioner. This means documentation to show that Tenant took all necessary and reasonable steps which by their scope, intensity and appropriateness to the objective, could reasonably be expected to obtain compliance, even if not fully successfiil. The following types of documentation, as applicable to the situation, will be considered by the City in determining whether Tenant has made good faith efforts: 1. A listing of all ACDBE firms that were contacted that includes: a. names, address and telephone numbers of ACDBE firms contacted; b. date and time of contact; c. method of contact (written, telephone, transmittal of facsimile documents, etc.); d. name of the person contacted. 2. Copies of letters or any other evidence of mailing that substantiates outreach to ACDBE vendors that include: a. concession identification and location; b. descriptions/classification/commodity of work, services or goods for which quotations were sought; and c. date, time and location for submittal of bids or proposals. 3. Detailed statement which summarizes direct negotiations with appropriate ACDBE firms and indicates why negofiations were unsuccessful. 4. Affirmation that good faith efforts have been demonstrated by choosing opportunifies likely to be performed by ACDBEs by not imposing any limiting conditions which were not mandatory for all potential biddersNproposers; or denying the benefits ordinarily conferred for the type of opportunity that was solicited. 7/29/2009 REPORTS OF COMMITTEES 67419 5. Copies of proposed portions of the work, services or goods to be perfonned or provided by ACDBEs in order to increase the likelihood of ACDBE participation. 6. Evidence that Tenant negotiated in good faith with interested ACDBEs. 7. Evidence that Tenant did not reject ACDBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. 8. Evidence that Tenant made efforts to assist interested ACDBEs in obtaining bonding, lines of credit or insurance, as required by the City or the concessionaire. 9. Evidence that Tenant made efforts to assist interested ACDBEs in obtaining necessary equipment, supplies, materials or related assistance or services. 10. Evidence that Tenant has provided timely notice of the opportunity to at least 50 percent of the applicable ACDBEs listed in the Illinois UCP Directory. The City may contact the ACDBEs identified by Tenant for verification of such notificafion. 11. Evidence that ACDBE participation is excessively cosUy. ACDBE participation will be deemed excessively costly when the ACDBE bid or proposal exceeds the average price quoted by others by more than 15 percent. In order to establish that a ACDBE's quote is excessively costly, Tenant must provide the following information: a. A detailed statement of the opportunity identified for ACDBE participation for which Tenant asserts the ACDBE quote(s) were excessively costly (in excess of 15 percent higher). b. A listing of all potential business partners or subcontractors contacted for a quotation on that opportunity. c. Prices quoted by all such potential business partners or subcontractors for that opportunity. d. Other documentation that demonstrates to the satisfaction of the City that the ACDBE quotes are excessively costly, even though not in excess of 15 percent higher than the average price quoted. C. ADMINISTRATIVE RECONSIDERATION 1. For the purposes of this Agreement, the City has delegated the responsibility for making the determination regarding a Tenant's good faith efforts to the 67420 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Department of Aviation. The determination shall be based upon the Department's review of the documentation that the Tenant has timely submitted. Within five days of being informed by the Department that Tenant has not documented sufficient good faith efforts, Tenant may request administrative reconsideration. The request must be made in writing to the following official: Department of Aviation 10510 West Zemke Road Chicago, Illinois 60666 Attention: Commissioner NOTE: The Commissioner may not have played any role in the original determination that the Tenant did not imke or timely document sufficient good faith efforts. The Commissioner may appoint a reconsideration officer, who did not play any role in the original determination, to act in his or her stead. with copies to: Department of Procurement Services City Hall, Room 403 121 N.LaSalle Street Chicago, Illinois 60602 Attention: Chief Procurement Officer Department of Aviation 10510 West Zemke Road Chicago, Illinois 60666 Attention: Deputy Commissioner for Concessions Department of Law 30 North LaSalle Street, Room 900 Chicago, Illinois 60602 Attenfion: Deputy Corporation Counsel, Aviation 2. As part of this reconsideration, the Tenant will have the opportunity to provide written documentation or argument concerning the issue of whether it made adequate good faith efforts. The Tenant will have the opportunity to meet in person with the reconsideration officer to discuss whether it did so. The Department will send the Tenant a written decision on reconsideration, explaining the basis for finding that the Tenant did or did not make adequate good faith efforts. 7/29/2009 REPORTS OF COMMITTEES 67421 VII. NON-COMPLIANCE AND DAMAGES A. NON-COMPLIANCE GENERALLY Tenant's failure to comply with these Special Conditions constitutes a material breach of the Agreement and entitles the City to declare an event of default. If Tenant fails to cure the default within the time allowed under the default provisions of the Agreement, the City may exercise those remedies provided for in the Agreement, at law or in equity, including termination of the Agreement. In addition to any remedies specified in the Agreement, at the City's option the term of this Agreement will become month-to-monlh until the City locates a new Tenant. At the City's option, any improvements added by Tenant must remain for the new tenant at no cost to the City or the new tenant. B. NON-COMPLL\NCE WITH ACDBE AGREEMENT If Tenant has not complied with the requirements of an ACDBE agreement, the affected ACDBE may seek to recover from Tenant damages suffered by the ACDBEs as a result of such non-compliance. Such disputes may impact the quality of concessions at the City's airports and/or the ability of other airport tenants to solicit ACDBE participation. Therefore, Tenant consents to have any disputes between Tenant and affected ACDBEs resolved by binding arbitration before an independent arbitrator other than the City, with reasonable expenses, including attorneys' fees, being recoverable by the prevailing party in accordance with any applicable regulations. This provision is intended for the benefit of all ACDBEs affected by Tenant's failure to comply with ACDBE agreements and grants ACDBEs specific third party beneficiary rights. In cases deemed appropriate by the City, a dispute may lead to the withholding of sums that the City may owe Tenant until the City receives a copy of the final arbitration decision, but in no event will Tenant be excused from making any payments due to the City during the pendency of a dispute. Noncompliance or non-cooperation with the City may affect continued eligibility to enter into future contracting arrangements with the City. Schedules C and D referred to in this Special Conditions Regarding Airport Concessions Disadvantaged Business Enterprise Commitment read as follows: 67422 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Schedule C. (To Special Conditions Regarding Airport Concessions Disadvantaged Business Enterprise Commitment) Letter Of Interest From A.C.D.B.E. To Perform As Sublicensee, Subcontractor, Supplier And/Or Consultant. [NOTE: If Tenant is proposing to perform as a joint venture of ACDBE and non-ACDBE firms, use Schedule B - Affidavit of Joint Venture - instead of Schedule C] Name of Tenant: AC Holdings, Inc. Description of Airport Concession (from title page of Request for Proposals): CNN Airport Network Programming Service From: CAL Communications Name of ACDBE Firm To:_AC Holdings, Inc. and the City of Chicago; Name of Tenant The ACDBE certification status of the undersigned is confirmed by the attached Letter of Certification from the City of Chicago dated 3/17/2009 (or letter of certification from the Illinois Department of Transportation dated ). This Schedule C and the Letter of Certification will be attached to Schedule D - Commitment of Tenant to ACDBE Participation. The undersigned is prepared to provide the following described services or supply the following described goods in connection with the above named airport concession: Description of ACDBE Description of compensation Participation In concession to be paid to ACDBE Equipment Installation Subject to invoice & Maintenance Service Of CNN Airport Network Value of participation by ACDBE as percentage of projected concession gross revenues: N/A t [NOTE: If more space Is needed to fully describe the ACDBE finm's proposed role and/or compensation, attach additional sheets.] 7/29/2009 REPORTS OF COMMITTEES 67423 SUB-SUBCONTRACTING LEVELS Q % of the value of the ACDBE's participation will be sub-subcontracted to non- ACDBE contractors. 0 % of the value of the ACDBE's participation will be sub-subcontracted to ACDBE contractors. NOTES: 1) IF ACDBE WILL NOT BE SUB-SUBCONTRACTING ANY OF THE PARTICIPATION DESCRIBED IN THIS SCHEDULE, A ZERO (0) MUST BE SHOWN IN EACH BLANK ABOVE. 2) IF MORE THAN TEN PERCENT (10%) OF THE VALUE OF THE ACDBE's PARTICIPATION WILL BE SUB-SUBCONTRACTED, A BRIEF EXPLANATION AND DESCRIPTION OF THE WORK TO BE SUB-SUBCONTRACTED MUST BE ATTACHED TO THIS SCHEDULE. The undersigned will enter into a formal written agreement for the above participation with Tenant, conditioned upon the City of Chicago selecting the Tenant as a concessionaire, approval of Tenant's ACDBE Participation Commitment referencing this Schedule C by the City of Chicago, and successful negotiation of a concession Agreement between Tenant and the City of Chicago. (Signattfre of OwfiafifPrasident, or Authorized Agent of ACDBE) Carlos A. Lopez, President Namemtle (Print) April 6. 2009 Date (847) 537-2425 Phone Letter of Certification from the City of Chicago referred to in this Letter of Intent from A.C.D.B.E. reads as follows: 67424 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Letter Of Certification From City Of Chicago. March 17, 2009 Carlos Lopez Cal Communications, Inc. 1340 Busch Parkway Buffalo Grove, IL 60089 CityofCliicaga Ricliard M. Daley, Mayor Annual Affidavit Certificate Expires: November 1, 2009 Department of Vendor Number: 1009137 Procurement Services Dear Mr. Lopez: Montel M. Gayies Chief Procuremenl OITicer Congratulations on your continued eligibility for certification, as an ACDBE by the City Hall, Room 403 City of Chicago. Tfiis ACDBE certification is valid until November 2012; 121 NorlliLaSaUe Street Chicago, Illinois 60602 however, your firm must be re-validated annually. Your firm's next annual (312) 744-4900 validation is required by November 1.2009. (312) 744-2949 (TTY) http://www.cityofchicago.org As a cpridition of continued certification during this five-year, period, you rnust continue to file a No-Change Affidavit within 60 days prior to the date of ~' ' expiration. Please note that you tniist include a copy of your most current Federal Corporate Tax Return. Failure to file this Affidavit will result in the termination of your certification. You must also notify the City of Chicago of any changes in ownership or control of your firm or any other matters or facts affecting your firm's eligibility for certification. The City may commence actions to remove your firm's eligibility if you fail to notify us of any changes in ownership, management or control, or otherwise fail to cooperate with the City in any inquiry or Investigation. Removal of eligibility procedures may also be commenced if your firm is found to be involved in bidding or contiBCtual Irregularities. Ydur firm's name will appear in the Illinois Unified Certification Program (ILUCP) DBE Directory. The Directory can be accessed via Internet at httt3://www.dot.state.il.us/ucD/ucD.html. Area(s) of specialty will be listed as: Cable and Electrical Contractor; VOIP Telecom Services; Telecommunications Systems Installation and Consulting; Telecommunication Services Voice & Data; Wireless Voice & Data Systems \ Your firm's participation on City contracts will Be^redited pniy toward ACDBE goals in your area(s) of specialty. While your participa'tibn on dity contracts is not limited ' to your specialty, credit toward ACDBE goals will t>e given only for work done in the specialty category. Thank you for your continued interest in the City's Disadvantaged Business Enterprise Program. rriw. Hands [Managing Deputy Procurement Officer I^JH/js .. BVOJ^IIK CHICAGO TOCSTUCK IL UCP HOST: City of Chicago 7/29/2009 REPORTS OF COMMITTEES 67425 Schedule D. (To Special Conditions Regarding Airport Concessions Disadvantaged Business Enterprise Commitment.) Commitment To Participation By Airport Concession Disadvantaged Business Enterprise (A.C.D.B.E.'s). Name of Tenant: AC Ho J .-Jinqs, Inc. Description of Airport Concession (from title page of Request for Proposals); CNN Airport Neiiwork Progratnining Service State of Georgia) County (City) of Fulton County, City of Atlanta ) In connection with the above-referenced Airport Concession Request for Proposals .("RFP") and any concession agreement entered into pursuant to the RFP, I, _Deborah L. Cooper_ (Name or Affiant) HEREBY DECLARE AND AFFIRM that I am the jPresident_ (Titleot/^iiant)and duly authorized representative of the above-named Tenant and that i have personally reviewed the information set forth in the attached Schedules C and B (if applicable), with the following being a summary of such information: Name of ACDBE Fimn Role of ACDBE In Concession (as set Proposed ACDBE Participation forth in Schedule C) (as percentage of gross revenues) CAL Communications Equipment Installation & Subject to invoice Maintenance Service Of CNN Airport Network • Total Proposed ACDBE Participation Commitment: _30 67426 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 To the best of my knowledge, information, and belief, the facts and representations contained in the aforementioned attached Schedules are true, and no material facts have been omitted. The Tenant will enter into formal agreements with all listed ACDBE firms for work as Indicated by this Schedule D and accompanying Schedule(s) C so as to ensure compliance with the Total Proposed ACDBE Participation Commitment stated above, and understands that it must enter into such agreements as a condition precedent to execution of a concession Agreement by the City of Chicago. Copies of each signed sublicense, subcontract, purchase order, or other agreement (collectively, "ACDBE agreement") will be submitted to the Department of Aviation so as to assure receipt no later than ten (10) business days prior to anticipated execution of the concession Agreement by the City. The Tenant designates the following person as its ACDBE Liaison Officer: (Name - Please print or type) (Phona) I DO SOLEMNLY DECLARE AND AFFIRf^ UNDER PENALTIES OF PERJURY THAT THE CONTENTS OF THIS DOCUMENT ARE TRUE AND CORRECT. AND THAT I AM AUTHORIZED ON BEHALF OF THE TENANT TO MAKE THIS AFFIDAVIT.' sa-aivtt-HlIit^r/iflaAt- Print or type) * ' (Signature) (Date) On this ^^_ day ofV-4z.\>.r-w.w>.^ . 20^?, The above signed officer, j^te^oreX. K-X-JOOASLJI. (Name of Affiant), personally appeared and, known by me to be the person described In the above Affidavit, acknowledged that (s)he executed the same in the capacity stated above and for the purposes stated above. IN WITNESS WHEREOF. I hereunto set my hand and seal. <^ (^tuty Public Sl9 Commission expires: 4" \ *A ~ Q.O \''^*-— '''omo^ 7/29/2009 REPORTS OF COMMITTEES 67427 EXECUTION OF LICENSE AGREEMENT WITH INTERFAITH AIRPORT CHAPELS OF CHICAGO, INC. FOR OPERATION OF NON-DENOMINATIONAL CHAPELS AT CHICAGO O'HARE AND MIDWAY INTERNATIONAL AIRPORTS. [02009-4239] The Committee on Aviation submitted the following report: CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Aviation, having under consideration a communication from the Honorable Richard M. Daley, Mayor (which was referred on June 20, 2009) an ordinance authorizing the execution of a license agreement with Interfaith Airport Chapels, begs leave to recommend that Your Honorable Body Pass the proposed ordinance which is transmitted herewith. Committee meeting on July 27, 2009. This recommendation was concurred in by a viva voce vote of the members of the Committee, with no dissenting vote. Respectfully submitted, (Signed) PATRICK J. LEVAR, Chairman. On motion of Alderman Levar, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas an(d nays as follows: Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Muiioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed: WHEREAS, The City of Chicago (the "City") is a home rule unit of local government as defined in Section 6(a), Article VII of the 1970 Constitution of the State of Illinois and, as such, may exercise any power and perform any function pertaining to its government and affairs; and 67428 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 WHEREAS, The City owns and operates airports commonly known as Chicago O'Hare International Airport and Chicago Midway International Airport (the "Airports") and possesses the power and authority to lease premises and facilities and to grant rights and privileges with respect thereto; and WHEREAS, The Airports provide their employees, airport-tenants' employees, air carrier passengers and members of the public with many amenities, such as shopping, dining and other recreational opportunities; and WHEREAS, As one of these amenities, the Airports have provided a non-denominational chapel (the "Premises") operated by Interfaith Airport Chapels of Chicago Inc., an Illinois not- for-profit corporation with a current Board of Directors comprised of representatives of the Archdiocese of Chicago, the Reform Church in America, the Greek Orthodox Church, the Evangelical Lutheran Church of America, Metropolitan Chicago Synod and the Chicago Board of Rabbis (the "Corporation"), for use by airport employees, airport-tenants' employees, air carrier passengers, and members of the public as a place for fulfilling their religious obligations, meditation and prayer; and WHEREAS, The City and the Corporation desire to enter into a license (the "License") providing for the operation of a chapel at each of the Airports; and Be It Ordained by the City Council of the City of Chicago: SECTION 1. The above recitals are incorporated by reference as if fully set forth herein. SECTION 2. The Commissioner of Aviation ("Commissioner") is hereby authorized to execute a License with the Corporation for a chapel at each of the Airports in substantially the forms attached hereto as Exhibits 1 and 2, with such changes therein as shall be approved by the Commissioner, her execution thereof to constitute conclusive evidence of her approval of any and all changes or revisions therein from the forms of License attached hereto. SECTION 3. The Commissioner is further authorized to enter into and to execute all documents and perform any and all acts, including promulgation of any standards, rules or regulations, as shall be necessary or advisable to carry out the purpose and intent to this ordinance and the Licenses, as executed. SECTION 4. To the extent that any ordinance, resolution, rule, order or provision of the City, or part thereof, is in conflict with the provisions of this ordinance, the provisions of this ordinance shall control. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this ordinance. SECTION 5. This ordinance shall be in full force and effect from the date of its passage and approval. Exhibits 1 and 2 referred to in this ordinance read as follows: 7/29/2009 REPORTS OF COMMITTEES 67429 Exhibit 1. (To Ordinance) License Agreement With Interfaith Airport Chapels Of Chicago At Chicago O'Hare International Airport. This license agreement (the "License") is made and entered into this day of , 2009, by and between the City of Chicago, acting through its Department of Aviation (the "Licensor"), and Interfaith Airport Chapels of Chicago, Inc., an Illinois not-for-profit corporation (the "Licensee"). RECITALS WHEREAS, The Licensor operates an airport known as Chicago O'Hare International Airport (the "Airport"), and possesses the power and authority to lease premises and facilities and to grant other rights and privileges with respect thereto; and WHEREAS, The Licensee desires to use certain space at the Airport, more specifically identified on Exhibit A, attached hereto and incorporated by reference herein (the "Premises"), as a nondenominational space for purposes such as religious observance, meditation and prayer, as set forth in Exhibit B, for air carrier passengers, airport employees, airport tenants' employees, and members of the public. NOW, THEREFORE, In consideration of the promises and of the mutual covenants and agreements herein contained, and for such other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto covenant and agree as follows: ARTICLE I INCORPORATION OF RECITALS 1.01 Incorporation of Recitals The recitals set forth above are incorporated by reference as if fully set forth herein. ARTICLE II PREMISES 2.01 Use of Premises The Licensor hereby grants, and the Licensee hereby accepts, a License (the "License") for the exclusive use of the Premises, subject to the terms and conditions of this License, and to all applicable Federal, State, and local laws, regulations, rules, codes, ordinances; and executive orders, solely for those purposes set forth in Exhibit B hereto and for no other purpose. Use of the Premises shall be further subject to any restrictions or directives established by the Commissioner of Aviation (the "Commissioner") in his sole discretion. This License shall not be constmed to grant any right or interest in the Premises. 67430 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 2.02 Access The Licensee shall have ready and convenient access to the Premises, subject to the mles and regulations of the Licensor including, but not limited to, the security and safety rules of the Federal Aviation Administration (the "FAA") and the Licensor, and any other specific access limitations imposed by the Licensor. This License is subject to a reservation of rights by the Licensor for access to the Premises for maintenance, repair, inspection and for any other purpose deemed necessary by the Licensor in its sole discretion. The Licensor shall give the Licensee reasonable notice prior to its exercise of such rights. 2.03 Relocation The Licensor shall give notice to the Licensee of the Licensor's intent to relocate the Licensee 30 days prior to the effective date of the relocation. Such notice shall include a description of the new premises and the effective date of such relocation. The terms and conditions of this License shall apply to the new premises. Exhibit A hereto may be revised by the Licensor to show the relocated premises without need for a formal amendment to this License. 2.04 Condition of the Premises The Licensee, by execution of this License, accepts the Premises in its current, "as is" condition and agrees to restore the premises to its original condition, if requested by the Licensor at the expiration of this License or upon revocation of this License by the Licensor. The Licensor makes no warranty, either express or implied, as to the condition of the Premises or its suitability for the Licensee's purpose or use. Improvements, if any, that are undertaken by the Licensee will be specified in an exhibit hereto and must be approved by the Licensor prior to undertaking of such improvements. The Licensee is prohibited from displaying any religious symbols or literature on the exterior of, or outside of, the Premises. The Licensee is permitted exterior display of some non- denominational designation, with the prior written approval of the Commissioner or his designated representative that indicates a chapel is on the Premises. Any religious symbols displayed on or in the interior of the Chapel must be removable and may only be displayed during the appropriate scheduled worship service(s). 2.05 Modifications to Premises a. The Licensee is prohibited from improving or modifying the premises in manner without written approval from the Commissioner. The Licensee may install equipment and improvements, and modify or expand existing facilities or improvements on its Premises, if prior written approval is obtained from the Commissioner or his authorized designee. b. Before entering into any contract or subcontract for such wori<, the Licensee shall first submit to the Commissioner for prior written approval, a construction application, together with complete plans and specifications of the proposed work. If requested by the Commissioner, the Licensee shall require the Licensee's contractor(s) to furnish a peri'omnance bond and payment bond, approved as to form and substance by the Commissioner. 7/29/2009 REPORTS OF COMMITTEES 67431 The Licensee shall reimburse the Licensor, promptly and upon demand thereof, for the reasonable costs of any professional services needed in connection with the review of the construction plans. c. The Licensee shall include, and shall cause any contractors and subcontractors to include, in all construction contracts ail contract provisions required by the Licensor including, but not limited to, the General Conditions for construction therein use by Licensor and executed contractors' Economic Disclosure Statements and Affidavits in the fomns required by the Licensor. d. All work performed by the Licensee, its contractor or its subcontractor, including all wori e. The Licensee shall deliver to the Commissioner "as built" drawings of the wori< perfonned by it and shall keep such drawings current showing any changes or . modifications made in or to its Premises. i The Licensee shall discharge when due all obligations to contractors, subcontractors, materialmen, workmen, suppliers; and others for all work performed and for all materials furnished for or on account of the Licensee. g. The Licensee shall keep the Premises, equipment and improvements situated thereon free and clear of any and all liens in any way arising out of the constnjction, improvement, or use of the Premises by the Licensee; provided, however, that Licensee may in good faith contest the validity of any lien. 2.06 Utilities The Licensor shall be responsible for payment of all costs for separately metered water, electricity, natural gas, telephone service, and all other utility sen/ices for the Premises. 2.07 Taxes. Licenses, and Permits The Licensee shall pay all taxes and, at its own expense, obtain all necessary licenses, inspections, permits, certificates, or other authorizations needed in connection with its use of, or wori< on, the Premises. The Licensee shall comply at all times with any and all applicable municipal, county, state, and federal ordinances, laws, rules and regulations pertaining to use of, or work on. the Premises. 2.08 Operations The Licensee shall be responsible for any and all charges incurred in connection with its operations. The Licensee shall further restore and replace any property damaged as a result of 67432 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 the Licensee's operations. The Licensee shall conduct its operations in a clean, sanitary, and safe manner, and shall be responsible, pursuant to Section 2.10, for any maintenance that is required as a result of the Licensee's operations. 2.09 Non-assignment This License is personal and is granted solely to the Licensee and solely for the purposes stated herein. The Licensee shall not assign this License to any other party without the written consent of the Commissioner. Any attempted assignment shall be void and without effect as to the Licensor. 2.10 Maintenance The Licensor shall be responsible for any maintenance or repairs to the Premises that may be required. ARTICLE III DURATION OF LICENSE 3.01 Duration of License This License is revocable at will by the Commissioner, with or without cause, provided the Commissioner first gives the Licensee 30 days written notice in accordance with the terms and conditions hereof. In the event (a) Licensee no longer possesses the requisite licenses, permits, or other authorizations in connection with the use of the Premises; (b) the purposes set forth in Exhibit B are no longer being perfonned by Licensee; or (c) Licensee fails to meet its obligation to administer the Premises in a nondiscriminatory manner, the Commissioner may revoke this License upon 10 days' notice. This License shall expire on the tenth anniversary from the date of issuance, but the parties may extend this License for three additional one-year periods in accordance with the requirements of Section 8.03 below. This License may be terminated by the Licensor pursuant to a court order. The Licensee understands and agrees to its obligation to work in good faith to resolve any constitutional challenges to its use of the Premises. 3.02 Vacation of Premises The Licensee shall provide the Licensor with written notice of its intention to vacate the Premises no less than 60 days prior to its vacation of the Premises. 3.03 Return of Premises: Waiver of Forcible Detainer a. The Licensee covenants and agrees to yield and deliver peaceably to the Licensor possession of the Premises on the date of the revocation or expiration of this License, promptly and in as good a condition as at the issuance of the License, reasonable wear and tear excepted. If the Premises have been improved, it is to be released in as good condition as of the completion date of the last improvement made to the Premises, reasonable wear and tear excepted, or returned to its original condition if so requested by the Licensor. 7/29/2009 REPORTS OF COMMITTEES 67433 b. Personal property owned and placed or installed by the Licensee on the Premises shall remain the property of Licensee and must be removed on or before the revocation or expiration of the License at Licensee's sole risk and expense. Any damage to the Airport, the terminal, the Premises; or any fixtures located therein; resulting from such removal shall be paid for by the Licensee. The Licensor shall have the right to assert such lien or liens against said property as Licensor may be permitted by law. So long as any such property remains on the Premises, the Licensee's obligation to pay any fees shall continue with respect to such Premises. c. If the Licensee's property is not removed as herein provided, or if the Premises are not promptly yielded within 30 days of the revocation or expiration of this License, Licensee shall be deemed to have waived the Forcible Entry and Detainer Act, 735 ILCS 5/9-101 etseg^ and the ^ Licensor may, at its option, deem such property abandoned and keep such property or, after written notice to the Licensee and at the Licensee's sole risk and expense, remove such property to a public warehouse for deposit, or retain the same in the Licensor's possession and after expiration of 30 days sell the same, with notice and in accordance with applicable law, the proceeds of which shall be applied first to the expenses of such removal and sale, second to any sum owed by the Licensee to the Licensor, and any balance remaining shall be paid to the Licensee. ARTICLE IV PAYMENT OF LICENSE FEES 4.01 Basis of Payment The basis of payment by Licensee of license fees for this License shall be as set forth in Exhibit C, attached hereto and incorporated by reference herein. 4.02 Place of Payment and Late Fees a. All amounts due from the Licensee hereunder shall be paid to the Licensor at the Office of the City's Comptroller or at such other place as may be hereafter designated by the City's Comptroller. b. Any amount which is not paid within five days of when due and, if appropriate, invoiced shall bear interest from its due date at a rate conforming to current, established real estate interest rates on such late fees for commercial property. c. Notwithstanding the foregoing. Licensee shall not abate, suspend, postpone, set off, or discontinue any payments of fees payable hereunder. 4.03 Security Deposit No security deposit will be required. 67434 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 ARTICLE V INDEMNITY AND INSURANCE 5.01 Indemnity The Licensee agrees to defend, indemnify, keep and hold harmless the Licensor, its officers, representatives, elected and appointed officials, agents, and employees as hereafter provided in this Subsection (c). Licensee shall include, and shall cause any contractors and subcontractors to include, in all construction contracts, a provision requiring the contractor or subcontractor to defend, indemnify, keep and hold hamnless the Licensor, its officers, representatives, elected and appointed officials, agents and employees from and against any and all Losses, including those related to: (i) injury, death or damage of or to any person or property; (ii) any infringement or violation of any property right (including any patent, trademari< or copyright); (iii) failure to pay or perform or cause to be paid or performed Licensee's covenants and obligations as and when required under this License or othenwise to pay or perform its obligations to any contractor or subcontractor; and (iv) injuries to or death of any employee of Licensee or any contractor or subcontractor under any workers compensation statute. "Losses" mean, individually and collectively, liabilities of every kind, including losses, damages and reasonable costs, payments and expenses (such as, but not limited to, court costs and reasonable attorneys' fees and disbursements), claims, demands, actions, suits, proceedings, judgments or settlements, any or all of which in any way arise out of or relate to the acts or omissions of Licensee, its employees, agents, contractors and subcontractors. i. At the Licensor's Corporation Counsel's option. Licensee, the contractor or subcontractor, as the case may be, will defend all suits brought upon all such Losses and will pay all costs and expenses incidental to them, but the Licensor has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Licensee, its contractors or subcontractors of any of its obligations under this License. Any settlement must be made only with the prior written consent of the Licensor's Corporation Counsel, if the settlement requires any action on the part of the Licensor. ii. To the extent permissible by law. Licensee waives, and shall cause its contractors and subcontractors to waive, any limits to the amount of its obligations to indemnify, defend or contribute to any sums due under any Losses, including any claim by any employee of Licensee, its contractors and subcontractors that may be subject to the Workers Compensation Act, 820 ILCS 305/1 et seq., or any other law or judicial decision. The Licensor, however, does not waive any limitations it may have on its liability under the Illinois Wori iii. The indemnities contained in this Subsection (c) survive expiration or termination of this License and the applicable contract and subcontract for matters occurring or arising during the temri of this License or as the result of or during Licensee's tenancy of, or construction on. the Premises. Licensee acknowledges that the requirements set forth in this section to indemnify, keep and save hannless and defend the Licensor are apart from and not limited by the Licensee's duties under this License, including the insurance requirements under Section 5.02. The Licensee shall provide, or shall require its contractors or subcontractors to provide, liability insurance covering the foregoing, and naming the Licensor, its agents, officials, and employees, as an additional insured. 7/29/2009 REPORTS OF COMMITTEES 67435 5.02 Insurance The Licensee agrees to provide the insurance coverage as set forth in Exhibit D, attached hereto and incorporated by reference. The Licensee will furnish, and will require its contractors and subcontractors to furnish, original certificates of Insurance evidencing the required coverage to be in force on the date of this License, and renewal certificates of insurance, or such similar evidence (if the coverages have an expiration or renewal date during the term of this License) to the Department of Aviation, Real Estate Division, O'Hare International Airport, 10510 W. Zemke Road, Chicago, Illinois, 60666, and the Risk Management Division, 333 S. State St., Room 400, Chicago, Illinois, 60604-3976. The Licensee shall also submit evidence of insurance on the City of Chicago Insurance Certificate of Coverage Form (copy attached). Licensee will name, and will require its contractors and subcontractors to name, the City of Chicago as a loss payee in any required insurance coverage. ARTICLE VI COMPLIANCE 6.01 Compliance with all Laws Licensee shall, and shall cause any contractors and subcontractors to, observe and comply with, and pay all taxes and obtain all licenses, certificates and other authorizations required by all applicable Federal, state, county; and municipal laws, statutes, ordinances, and executive orders; including, but not limited to, those set forth below. Licensee agrees to incorporate by reference any and all statutes, rules, and regulations required pursuant thereto which may now or hereafter be required by any Federal, State, state, county, and municipal agency. Further, Licensee shall execute, and shall cause any of its contractors to execute. Economic Disclosure Statements and Affidavits in accordance with the requirements of the Licensor. Notwithstanding anything herein to the contrary, references herein to a statute or law shall be deemed to be a reference to (i) such statute or law as it may be amended from time to time, (ii) all regulations and rules pertaining to or promulgated pursuant to such statute or law, and (iii) all future statutes, laws, regulations, rules, and executive orders pertaining to the same or similar subject matter. Licensee shall comply with, and shall cause its contractors and subcontractors to comply with, the following: a. Nondiscrimination 1. Federal Requirements It shall be an unlawful employment practice for the Licensee or its contractors: (1) to fail or refuse to hire or to discharge any individual, or othenwise to discriminate against any individual with respect to compensation, or the terms, conditions, or privileges of his employment, because of such individual's race, color, religion, sex, age, handicap\disability; or national origin; or (2) to limit, segregate, or classify his 67436 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, age, handicap\disability or national origin. Nothing contained herein shall be deemed to conflict with the Licensee's ability to exercise its rights to freedom of religion pursuant to the United States and Illinois Constitutions or any federal or state statutes or City ordinances. The Licensee and its contractors shall comply with the Civil Rights Act of 1964, 42 U.S.C. sec. 2000 et seg. (1981), as amended, and the Civil Rights Act of 1991, P.L. 102-166. Attention is called to: Exec. Order No. 11,246, 30 Fed. Reg. 12,319(1965), reprinted in 42 U.S.C. 2000(e) note, as amended by Exec. Order No. 11,375, 32 Fed. Reg. 14303 (1967) and by Exec. Order No. 12,086, 43 Fed. Reg. 46,501 (1978); Age Discrimination Act, 42 U.S.C. sections 6101-6106 (1981); Rehabilitation Act of 1973, 29 U.S.C. sections 793-794 (1981); Americans with Disabilities Act, 42 U.S.C. Section 12101 and 41 C.F.R. Part 60 et seg. (1990) and 49 CFR Part 21, as amended (the "ADA"); and all other applicable federal statutes, regulations and other laws. 2. State Requirements The Licensee and its contractors shall comply with the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq. (1990), as amended, and any rules and regulations promulgated in accordance therewith, including, but not limited to the Equal Employment Opportunity Clause, 5 111. Admin. Code §750 Appendix A. Furthennore, the Licensee and its contractors and subcontractors shall comply with the Public Works Employment Discrimination Act. 775 ILCS 10/0.01 et seq. (1990), as amended. 3. Municipal Requirements The Licensee and its contractors and subcontractors shall comply with the Chicago Human Rights Ordinance, Ch. 2-160, sec. 2-160-010 et seg. of the Municipal Code of Chicago (1990), as amended. Further, the Licensee and its contractors and subcontractors shall furnish such reports and information as requested by the Chicago Commission on Human Relations. b. Ethics The Licensee, its contractors and subcontractors shall comply with Chapter 2-156 of the Municipal Code of Chicago. The Licensee warrants and represents that no officer, agent or employee of the Licensor is or will be employed by the Licensee or its contractors, or has a financial interest, direct or indirect, in this License or the compensation to be paid hereunder, except as may be permitted in writing by the Board of Ethics established pursuant to the Municipal Code of Chicago (Chapter 2-156); and that no payment, gratuity, or offer of employment shall be made in connection with this License by or on behalf of any contractors or anyone associated therewith, as an inducement for the award of a contract or order; and the Licensee and its contractors further acknowledge that any license or any contract entered into, negotiated, or perfonned in 7/29/2009 REPORTS OF COMMITTEES 67437 violation of any of the provisions of Chapter 2-156 shall be voidable as to the Licensor. Licensee warrants and represents that Licensee and, to the best of its knowledge, its contractors are not in violation of the provisions of Section 2-92-320 of Chapter 2-92 Pursuant to Section 2-156-030(b) of the Municipal Code of Chicago, it is illegal for any elected official of the City of Chicago ("City"), or any person acting at the direction of such official, to contact, either orally or in writing, any other City official or employee with respect to any matter involving any person with whom the elected official has a business relationship, or to participate in any discussion in any City Council committee hearing or in any City Council meeting or to vote on any matter involving the person with whom an elected official has a business relationship. Violation of Section 2-156-030(b) by any elected official with respect to this License shall be grounds for revocation of this License. The tenn "business relationship" shall be defined as set forth in Section 2-156-080 of the Municipal Code of Chicago. c. Ineligibility The Licensee and its contractors wan'ant and represent that the Licensee and its contractors are not in violation of the provisions of Section 2-92-320 of Chapter 2-92 of the Municipal Code of Chicago or of the Illinois Criminal Code. 720 ILCS 5/33E as amended, or the Illinois Municipal Code, 65 ILCS 5/11-42.1-1, as amended.. d. Inspector General The Licensee and its contractors and subcontractors shall cooperate with the Inspector General in any investigation or hearing undertaken pursuant to Chapter 2-56 of the Municipal Code of Chicago. The Licensee and its contractors and subcontractors understand and will abide by all provisions of Chapter 2-56 of the Municipal Code of Chicago. All contracts shall infonn contractors of this provision and require understanding and compliance herewith. e. MacBride Ordinance The Licensor, through the passage of the MacBride Principles Ordinance, seeks to promote fair and equal employment opportunities and labor practices for religious minorities in Northern Ireland and provide a better working environment for all citizens in Northern Ireland. In accordance with Section 2-92-580 of the Municipal Code of Chicago, if the Licensee or its contractors conduct any business operations in Northern Ireland, it is hereby required that the Licensee and its contractors shall make all reasonable and good faith efforts to conduct any business operations in Northem Ireland in accordance with the MacBride Principles for Northern Ireland as defined in Illinois Public Act 85-1390 (1988 111. Laws 3220). f Anti-Scofflaw The Licensee represents and wan-ants that no outstanding partying violation complaints, debts or obligations, as these terms are defined in Section 2-92-380 of the Municipal Code of Chicago, are presently owed by Licensee or any of its contractors to the Licensor. Licensee agrees that, for the tenn of this License, it and its contractors will promptly pay any debts, outstanding parking violation complaints or monetary obligations owed to the Licensor, with the 67438 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 exception of any debt or obligation that is being contested. g. Security Act This License is expressly subject to the airport security requirements of Title 49 of the United States Code, Chapter 449, as amended ("Aviation Security Act"), the provisions of which govern airport security and are incorporated by reference, including the rules and regulations promulgated under it. In the event that the Licensee or its contractors, or any individual employed by them, has (i) unescorted access to aircraft located on or at the Licensor's airports; (ii) unescorted access to secured areas; or (iii) capability to allow others to have unescorted access to such aircraft or secured areas, the Licensee shall be subject to, and further shall conduct with respect to its contractors and the respective employees of each, such employment investigations, including criminal history record checks, as the Administrator of the Federal Aviation Administration and the Licensor may deem necessary. Further, in the event of any threat to civil aviation, as defined in the Act, the Licensee shall promptly report any information in accordance with those regulations promulgated by the Secretary of the United States Department of Transportation and by the Licensor. Finally, in the event this License involves the constmction, reconstmction, demolition or alteration of facilities to be located at or on the Licensor's airports, the Licensee shall, notwithstanding anything contained in the License, at no additional cost to the Licensor, perform such work in compliance with those guidelines developed by the Licensor and the Federal Aviation Administration with the objective of maximum security enhancement. h. Federal Aviation Administration Requirements The Licensee shall comply with, and shall have its contractors and subcontractors comply with, the FM requirements including, but not limited to, those set forth in Exhibit E, attached hereto and incorporated by reference, which are now or hereafter in effect. 6.02 Compliance with all Rules and Regulations The Licensee shall obey all applicable mles and regulations promulgated from time to time by the Licensor. Except in cases of emergency, no such rule or regulation shall be applicable to the Licensee unless it has been given 15 days prior written notice of the adoption thereof. ARTICLE VII NOTICES Any notice required pursuant to this License shall be mailed, telexed, telecopied or personally delivered to the respective parties at the following address: IF TO THE LICENSOR: Deputy Commissioner, Real Estate Department of Aviation City of Chicago Chicago-O'Hare Intemational Airport 10510W. Zemke Road Chicago, IL 60666 7/29/2009 REPORTS OF COMMITTEES 67439 with a copy to: City of Chicago Department of Law 121 North LaSalle Street; Room 600 Chicago, IL 60602 Department of Law Aviation, Environmental and Regulatory Section 30 North LaSalle Street; Suite 900 Chicago, Illinois 60602 Attn: Deputy Corporation Counsel IF TO THE LICENSEE: Joan M. McGuire O.P. President. Interfaith Airport Chapels of Chicago. Inc. 835 North Rush Street Chicago, Illinois 60611 with a copy to: Administrator O'Hare Interfaith Chapel Chicago O'Hare International Airport Terminal 2, Mezzanine P.O. Box 66353 Chicago, IL 60666 Except as othenwise expressly provided hereunder, any notice or communication under this License shall be deemed to have been given or made: (i) if a messenger or courier service is used, when delivered to the addressee; (ii) if sent by mail (certified or otherwise), five days after being deposited in the mails, postage prepaid, and properly addressed; and (iii) if sent by telex or telecopy, the eariier of (i) actual receipt by addressee or (ii) 24 hours after confirmation of transmission. ARTICLE VIII GENERAL CONDITIONS 8.01 Applicable Law This License shall be deemed to have been granted in, and shall be constmed in accordance with, the internal laws of the State of Illinois without regard to its conflict of laws provisions. 8.02 Severability If any provisions of this License shall be held or deemed to be. or shall in fact be, inoperative or unenforceable as applied in any particular case in any jurisdiction or in all cases because it conflicts with any other provision or provisions hereof or of any constitution, statute, ordinance, mie of law, or public policy, or for any other reason, such circumstances shall not have the effect of 67440 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses, or sections contained in this License shall not affect the remaining portions of this License or any part thereof. 8.03 Amendments No changes, amendments, modifications, or discharge of this License, or any part thereof, shall be valid unless in writing and signed by the authorized agent of the Licensee and by the Commissioner or his respective successors and assigns. 8.04 No Personal Liability No official, employee, or agent of the Licensor shall be charged personally by the Licensee, its officials, employees, agents; or contractors with any liability or expenses of defense or be held personally liable to them under any term or provision of this License, or because of the Licensor's execution or attempted execution; or because of any breach thereof. 8.05 Entire Agreement This License, and the exhibits attached hereto and incorporated hereby, shall constitute the entire agreement between the parties; no other warranties, inducements, considerations, promises, or interpretations shall be implied or impressed upon this License that are not expressly addressed herein and therein. 8.06 Subordination This License shall be subordinate to any and all agreements between the Licensor and the Federal Aviation Administration. The Licensee agrees that it shall not cause the Licensor to violate any of the Licensor's obligations to the Federal government in connection with the granting of Federal funds or in connection with its operation of the Airport. ARTICLE IX AUTHORITY 9.01 The Licensor's Authority This License is authorized by an Ordinance passed by City of Chicago City Council on ,2009. 9.02 The Licensee's Authority Execution of this License by the Licensee is authorized by corporate resolution or by-law of the Licensee, and the signature(s) of each person signing on behalf of the Licensee have been made with complete and full authority to commit the Licensee to all tenns and conditions of this License, including each and every representation, certification, and wan^anty contained herein, attached hereto and collectively incorporated by reference herein, or as may be required by the terms and conditions thereof. 7/29/2009 REPORTS OF COMMITTEES 67441 9.03 The Licensee's Tax Exempt Status The Licensee is a foundation having cunrent tax exemption under Section 501(c) of the Internal Revenue Code. IN WITNESS WHEREOF, the parties have caused this License to be executed on the date first written above. CITY OF CHICAGO By: Rosemarie Andolino Commissioner Department of Aviation INTERFAITH AIRPORT CHAPELS OF CHICAGO, INC. By: Name:_ Title: APPROVED AS TO FORM AND LEGALITY: Senior Counsel [(Sub)Exhibits "A" and "F" and City of Chicago Insurance Certificate Coverage Form referred to in this License Agreement with Interfaith Airport Chapels of Chicago, Inc. at Chicago O'Hare International Airport unavailable at time of printing.] [Location of Chapel at Chicago O'Hare International Airport attached to this License Agreement with Interfaith Airport Chapels of Chicago, Inc. at Chicago O'Hare International Airport printed on page 67455 of this Journal.] (Sub)Exhibits "B", "C", "D", "E" and Letter of Tax Exemption referred to in this License Agreement with Interfaith Airport Chapels of Chicago, Inc. at Chicago O'Hare International Airport read as follows: 67442 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Sub)Exhibit "B". (To License Agreement With Interfaith Airport Chapels Of Chicago, Inc. At Chicago O'Hare International Airport) The Operational Norms Of Interfaith Airport Chapels Of Chicago For The Midway And O'Hare Interfaith Airport Chapels. Preface. The City of Chicago has entered into License Agreements with Interfaith Airport Chapels of Chicago (the "Corporation") to provide space at the Chicago Midway and O'Hare International Airports (the "Airports") for interfaith chapels (the "Chapels"). The Corporation has established these operational norms to govern the Chapels. Article One. Purposes Of The Chapels. 1.1 The Chapels are a unique program of cooperation among the religions. As such, their ministry will not follow the usual pattern found in churches, temples, mosques or shrines. The Chapels have an interfaith ministry of presence within the multi-religious community of the Airports. Because of this fundamental premise, the ministry of the Chapels will be limited to or specialized in the following areas: to furnish a space for quiet reflection for workers and travelers, to provide regulariy scheduled worship services to the multi-religious community, to have chaplains available to provide professional pastoral care to workers and travelers, to act as a referral agent to other approved religious professionals for denominational needs, to provide fellowship opportunities which are in accord with these purposes to provide pastoral services for the emergency and human service needs of the Airports, to maintain regular office hours at the offices of each Chapel and a 24 hour on-call system. 7/29/2009 REPORTS OF COMMITTEES 67443 1.2 The Chapels will primarily be used for silent reflection. They will be available to travelers, employees and visitors on a seven-day, 24-hour basis. Worship services shall be conducted, but only on a regulariy scheduled basis. Impromptu services are not permitted. Regularly scheduled worship services are worship services that are publicly advertised and posted throughout Midway Airport and which meet at fixed times and at regular intervals. The public address systems made available by several tenant aidines to the Chapels are for the sole purpose of announcing regulariy scheduled worship services. 1.3 The Chapels shall be welcoming and accommodating to all peoples regardless of race, creed, sex or national origin. The Chapels are to have due regard for the integrity of all faith communities. 1.4 While convert making is integral to many religions, given the unique nature of the Chapels, such ministry is wholly incompatible with the purposes of this organization and may not be conducted. Thus, convert making, proselytizing and the equivalent will not be conducted at the Chapels. Article Two. Organization. 2.1 The Corporation is a not-for-profit corporation incorporated under the laws of the State of Illinois. The Board of Directors of the Corporation is composed of representatives of various middle level judicatories, e.g., dioceses, classis, presbyteries, etc., present in the Chicagoland area. The affairs of the Corporation shall be managed by its Board of Directors. Article Three. The Administering Judicatory. 3.1 The Board of Directors shall elect, by a majority vote of the Directors present at a meeting at which a quorum is present, one judicatory to assume the responsibility of administering the 67444 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Chapels. This judicatory shall be known as the Administering Judicatory. Only those judicatories which are represented on the Board of Directors may be eligible for election as the Administering Judicatory. The Corporation shall enter into a written agreement with the Administering Judicatory and the election of the Administering Judicatory shall take effect on the date such agreement is executed. The Administering Judicatory will be responsible for carrying out the obligations required of it under the terms of its written agreement with the Corporation. A judicatory's status as the Administering Judicatory shall remain in effect only so long as its written agreement with the Corporation is in full force and effect. Article Four The Administrator 4.1 The Administrator is an employee of the Administering Judicatory and takes office upon approval of the agreement between the Administering Judicatory and the Corporation. 4.2 The Administrator is the chief operating officer of the Chapels. The Administrator shall be available on a 24-hour on-call basis. The Administrator is responsible for performing the duties set forth in that section of the agreement between the Corporation and the Administering Judicatory which describes the duties of the Administrator. Article Five. The Sponsoring Judicatories. 5.1 The Board of Directors shall elect, by a majority vote of the Directors at a meeting at which a quorum is present, judicatories to assume the responsibility of sponsoring Chaplaincies at each of the Chapels. Each of these judicatories shall be known as a Sponsoring Judicatory. Only those judicatories which constitute middle level judicatories in the Chicagoland area and which have demonstrated an ability and willingness to carry out the responsibilities of the written agreement which all Sponsoring Judicatories must sign with the corporation are eligible for election as Sponsoring Judicatories. The Corporation shall enter into a written agreement with each Sponsoring Judicatory and the election of a Sponsoring Judicatory shall 7/29/2009 REPORTS OF COMMITTEES 67445 take effect on the date such agreement is executed. Each Sponsoring Judicatory shall be responsible for carrying out the obligations required of it under the terms of its written agreement with the Corporation. A judicatory's status as a Sponsoring Judicatory shall remain in effect only so long as its written agreement with the Corporation is in full force and effect. 5.2 Sponsoring Judicatories shall staff their respective Chaplaincies with Chaplains. Sponsoring Judicatories may also appoint Associate Chaplains and Assistant Chaplains. The appointments of Chaplains, Associate Chaplains and Assistant Chaplains shall become effective when the Corporation enters into written agreement with their Sponsoring Judicatory. Chaplains, Associate Chaplains and Assistant Chaplains are agents of their Sponsoring Judicatory and not of the Corporation. The Sponsoring Judicatory assumes full moral and legal responsibility for the performance of ministry at the Midway Chapel by any of its Chaplains, Associate Chaplains, Assistant Chaplains and any volunteers selected by the Chaplain to assist in the support of the Sponsoring Judicatory's chaplaincy at the Midway Chapel, and to indemnify the Corporation for the same. Article Six. The Chaplaincies. 6.1 The ministry of the Chapels shall be carried out exclusively by Chaplaincies of the Sponsoring Judicatories. No one may conduct ministry at the Chapels unless they have been appointed to do so by a Sponsoring Judicatory in accordance with the provisions of these operational norms and the terms of the Corporation's agreement with its Sponsoring Judicatories. 6.2 A Chaplain is understood to be a full religious professional, equal to a priest, rabbi, Protestant pastor or Muslim religious leader. Any nominee for the position of Chaplain shall be a graduate of an accredited divinity school or theological seminary. They shall hold at least a Master of Divinity degree or the equivalent. They shall be ordained or otherwise mandated to function as religious professionals in their judicatory. They shall be in good standing with their judicatory and in possession of valid faculties, license to minister, etc.. The Chaplain is responsible for performing the duties set forth in that section of the agreement between the Corporation and the Sponsoring Judicatory which describes the duties of the Chaplain. 67446 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 6.3 An Associate Chaplain is understood as a full religious professional, meeting all of the qualifications of the Chaplain. The Associate Chaplain is responsible to preside at regulariy scheduled worship services of the Sponsoring Judicatory at one or both of the Chapels when the Chaplain is not available to conduct such services. 6.4 Assistant Chaplains are understood as paraprofessional ministers. Included in this category are deacons, associates in ministry and similardesignations used bythe different Sponsoring Judicatories. Their role is to help in the ministry of the Chaplaincy. Such assistants shall be trained in theology and ministry and shall be certified in writing by their judicatory as being prepared to undertake the ministry of an Assistant Chaplain. They are accountable to the Chaplain they assist. Their specific responsibilities with regard to worship services shall be determined by the Sponsoring Judicatory. 6.5 Chaplains may associate other persons with them to serve in support staff functions for the Chaplaincy of the Sponsoring Judicatory. The Chaplain's Sponsoring Judicatory takes responsibility for the services of such persons. The Chaplain shall maintain a current list of all such persons and shall provide this list to the Administrator and to the Chaplain's Sponsoring Judicatory. Support staff persons may not lead worship or perform any other service constituting professional ministry, i.e., pastoral care, counseling, preaching, etc. Their role is in the support staff area for a particular Chaplaincy. No person may serve at one or both of the Chapels in this support staff capacity unless they are on the Chaplain's support staff list. Article Seven. Referrals. 7.1 Where there is a demonstrated need, the Administrator shall ask the Board of Directors to request a judicatory who is not a Sponsoring Judicatory to designate religious professionals to whom the Chaplains may refer persons for specific denominational ministry. 7.2 The denominational minister is nominated by his/her judicatory and upon review and approval of the nomination by the Board of Directors is designated for this role. 7/29/2009 REPORTS OF COMMITTEES 67447 7.3 The Administrator shall maintain a file on each denominational minister containing his/her Letter of Appointment to receive referrals from the Chapels and the terms of those referrals. 7.4 Denominational ministers are not on the staff of the Chapels and at all times remain agents of their judicatory. They may not conduct worship services or deliver pastoral care at the Chapels. 7.5 The judicatory of the denominational rninister assumes full responsibility for their ministry as well as professional liability insurance. Article Eight. Finances. 8.1 The support of the Corporation shall come from fund-raising efforts conducted in the name of the Corporation. Any deficit sustained by the Corporation in a given year shall be satisfied by the Administering Judicatory. The funds of the Corporation shall be owned and controlled by the Corporation and shall be held in accounts in the name of the Corporation. The funds of the Corporation shall be managed by the Board of Directors and administered by the Administering Judicatory, through the Administrator, subject to the direction of the Board of Directors. The Administrator shall make periodic reports to the Board of Directors on the finances of the Corporation. Specific reporting requirements shall be set forth in the agreement which the Administering Judicatory enters into with the Corporation. All fund- raising efforts in the name of the Corporation must be approved in advance by a majority vote of the Board of Directors. 8.2 The support of a Chaplaincy shall come from funds supplied by its Sponsoring Judicatory and offerings at the worship services of that Chaplaincy. These funds shall be owned and controlled by the Sponsoring Judicatory and shall not be commingled with funds of the 67448 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Corporation. A Sponsoring Judicatory, through its Chaplain, shall be required to make periodic reports to the Board of Directors of the funds it has collected. Specific reporting requirements shall be set forth in the agreement which each Sponsoring Judicatory enters into with the Corporation. Neither the Sponsoring Judicatories nor the Administering Judicatory may conduct fund-raising efforts for the support of their respective Chaplaincies unless a request is made in writing to the Board of Directors and the Board of Directors approves the request by a majority vote of the Board of Directors. Dated: December 15, 1995 (Revised July 1, 2002) (Sub)Exhibit "C". (To License Agreement With Interfaith Airport Chapels Of Chicago, Inc. At Chicago O'Hare International Airport) Basis Of Payment. Licensee's annual fee for the use of the Premises under this License is One and no/100 Dollars ($1.00), it being agreed that the services being provided to the Airport by the Corporation at no cost to the Airport are adequate consideration for use of the Premises. (Sub)Exhibit "D". (To License Agreement With Interfaith Airport Chapels Of Chicago, Inc. At Chicago O'Hare International Airport) Insurance Requirements. Licensee's shall provide and maintain, at the Licensee's own expense during the Term of this License, the insurance coverages and requirements specified below, insuring all operations related to the License. A. Insurance To Be Provided. 1. Workers' Compensation And Employer's Liability. Workers' Compensation and Employer's Liability Insurance, as prescribed by applicable law, covering all employees who are to provide a service under this License and Employers Liability coverage with limits of not less than One Hundred Thousand Dollars ($100,000) each accident or illness. 7/29/2009 REPORTS OF COMMITTEES 67449 Commercial Liability Insurance (Primary And Umbrella). Commercial Liability Insurance or equivalent with limits of not less than One Million Dollars ($1,000,000) per occurrence, for bodily injury, personal injury and property damage liability. Coverages shall include the following: all premises and operations, products/completed operations, independent contractors, separation of insureds, defense and contractual liability (with no limitation endorsement). The City of Chicago, its employees, elected officials, agents and representatives are to be named as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the License. Automobile Liability Insurance (Primary And Umbrella). When any motor vehicles (owned, non-owned and hired) are used on the Airport premises in connection with the License, Licensee shall provide Automobile LialDility Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage. The City of Chicago, its employees, elected officials, agents and representatives are to be named as additional insured on a primary, noncontributory basis. B. Additional Requirements. The Licensee will furnish the City of Chicago, Department of Finance, Risk Management Office, 333 South State Street, Room 400, Chicago, Illinois 60604; Department of Aviation, Real Estate Division, O'Hare International Airport, P.O. Box 6142, Chicago, Illinois 60666; and Purchases, Contracts and Supplies, City Hail, Room 403, 121 North LaSalle Street, Chicago, Illinois 60602, original Certificates of Insurance evidencing the required coverage to be in force on the date of this License, and Renewal Certificates of Insurance or such similar evidence if the coverages have an expiration or renewal date occurring during the term of this License. The Licensee shall submit evidence of insurance on the City of Chicago Insurance Certificate Form (attached) or equivalent prior to execution of the License. The receipt of any certificate does not constitute agreement by the City that the insurance requirements in the License have been fully met or that the insurance policies indicated on the certificate are in compliance with all License requirements. The failure of the City to obtain certificates or other insurance evidence from the Licensee shall not be deemed to be a waiver by the City. Licensee shall advise all insurers of the License provisions regarding insurance. Nonconforming insurance shall not relieve Licensee of its obligation to provide insurance as specified herein. Nonfulfillment of the insurance conditions. The insurance hereinbefore specified shall be carried until the termination of this License. Failure to carry or keep such insurance in force may constitute a violation of this License, and the City retains the right to terminate this License until proper evidence of insurance is provided. 67450 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 The insurance shall provide for thirty (30) days prior written notice to be given to the City in the event coverage is substantially changed, canceled or non-renewed. Any and all deductibles or self-insured retentions on referenced insurance coverages shall be borne by Licensee. Licensee agrees that insurers shall waive their rights of subrogation against the City of Chicago, its employees, elected officials, agents, employees or representatives. Licensee expressly understands and agrees that any coverages and limits furnished by Licensee shall in no way limit the Licensee's liabilities and responsibilities specified within the License documents or by law. Licensee expressly understands and agrees that any insurance or self-insurance programs maintained by the City of Chicago shall apply in excess of and not contribute to insurance provided by the Licensee under the License. The required insurance shall not be limited by any limitations expressed in the indemnification language herein or any limitation placed on the indemnity therein given as a matter of law. Licensee shall require all sublicensees to provide the insurance required herein or Licensee may provide the coverages for sublicensees. All sublicensees shall be subject to the same insurance requirements of Licensee unless otherwise specified herein. If Licensee or sublicensees desire additional coverages, the Licensee and each sub licensee shall be responsible for the acquisition and cost of such additional protection. The City of Chicago Risk Management Department maintains the right to modify, delete, alter or change these requirements. (Sub)Exhibit "E". (To License Agreement With Interfaith Airport Chapels Of Chicago, Inc. At Chicago O'Hare International Airport) Federal Aviation Administration Requirements. 1. Licensor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or view of the Licensee, and without interference or hindrance. 2. Licensor reserves the right, but shall not be obligated to the Licensee, to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of the Licensee in this regard. 7/29/2009 REPORTS OF COMMITTEES 67451 3. This License shall be subordinate to the provisions and requirements of any existing or future agreement between the City and the United States relative to the development, operation, or maintenance of the Airport. 4. There is hereby reserved to the Licensor, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises herein described. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from, or operation on the Airport. 5. It is cleariy understood by the Licensee that no right or privilege has been granted that would operate to prevent any person, firm, or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own. regular employees (including, but not limited to, maintenance and repair) that it may choose to perform. 6. The Licensee agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event any future structure or building is planned for the demised premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises. 7. The Licensee, by accepting this License, expressly agrees for itself, its successors, and assignees that it will not erect nor permit the erection of any structure or object, nor permit the growth of any tree on the Premises that would meet the F.A.A. definition of an obstruction to air navigation. In the event the aforesaid covenants are breached, the Licensor reserves the right to enter upon the Premises and to remove the offending structure or object, or cut the offending tree, all of which shall be at the expense of the Licensee. 8. Licensee, by accepting this License, agrees for itself, its successors, and assigns that it will not make use of the Premises in any manner which might interfere with the landing and taking off of aircraft from the Airport or othenA^ise constitute a hazard. In the event aforesaid covenant is breached, the Licensor reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of the Licensee. 9. The Licensee for itself, its successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; and (3) that the Licensee shall use the premises in compliance with all other requirements imposed by or pursuant to 49 C.F.R. Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 67452 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 10. The Licensee agrees to furnish service on a fair, equal, and not unjustly discriminatory basis to all users thereof. 11. The Licensee assures that it will comply with pertinent statutes. Executive Orders, and such rules as are promulgated to assure that no person shall, on the grounds of race, color, or national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the Licensee or its transferee for the period during which Federal assistance is extended to the airport program. In these cases, the Provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this Provision binds the contractors from the bid solicitation period through the completion of the contract. 12. The Licensee agrees that it shall insert this (Sub)Exhibit E in any lease by which said Licensee grants a right or privilege to any person, firm, or corporation to render accommodations and/or services to the public on the Premises herein licensed. Letter Of Tax Exemption. (To License Agreement With Interfaith Airport Chapels Of Chicago, Inc. At Chicago O'Hare International Airport) Internal Revenue Service District Director Department of the Treasury P.O. Box A-3290 DPN 22-2 Chicago, Illinois 60690 Employer Identification Number: 36 - 3974938 Date: February 13, 1995 Case Number: O'Hare Interfaith Chapel Corporation 364272015 c/o Patricia B. Carison Mayer, Brown & Piatt Contact Person: 190 South LaSalle Street Ms. L. Daniels Chicago, IL 60603 Contact Telephone: (312)886-6532 Accounting Period Ending: June 30 Form 990 Required: No Addendum Applies; Yes 7/29/2009 REPORTS OF COMMITTEES 67453 Dear Applicant: Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from Federal Income Tax under Section 510(a) of the Internal Revenue Code as an organization described in Section 501(c)(3). We have further determined that you are not a private foundation within the meaning of Section 509(a) of the Code, because you are an organization described in Section 509(a)(1) and 170(b)(1)(A)(l). If your sources of support, or your purposes, character, or method of operation change, please let us know so we can consider the effect of the change on your exempt status and foundation status. In the case of an amendment to your organizational document or bylaws, please send us a copy of the amended document or bylaws. Also, you should inform us of all changes in your name or address. As of January 1, 1984, you are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more you pay to each of your employees during a calendar year. This does not apply, however, if you make or have made a timely election under Section 3121(w) of the Code to be exempt from such tax. You are not liable for the tax imposed under the Federal Unemployment Tax Act (F.U.T.A.). Since you are not a private foundation, you are not subject to the excise taxes under Chapter 42 of the Code. However, you are not automatically exempt from other Federal excise taxes. If you have any question about excises employment, or other Federal taxes please let us know. Grantors and contributors may relay on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you choose your Section 509(a)(1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of the act or failure to act, or the substantial or material change on the part of the organization that resulted in you loss of such status, or if he or she acquired knowledge that the Internal Revenue Service has given notice that you would no longer be classified as a Section 509(a)(1) organization. Donors may deduct contributions to you as provided in Section 170 of the Code. Requests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of Code Sections 2055, 2106, and 2522. Contribution deductions are allowable to donors only to the extent that their contributions are gifts, with no consideration received. Ticket purchases and similar payments in conjunction with fundraising events may not necessarily qualify as deductible contributions, depending on the circumstances. See Revenue Ruling 67-246, published in Cumulative Bulletin 1967-2, on page 104, which sets forth guidelines regarding the deductibility, as 67454 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 charitable contributions, of payments made by taxpayers for admission to or other participation in fund-raising activities for charity. In the heading of this letter we have indicated whether you must file Form 990, Return of Organization Exempt From Income Tax. If Yes is indicated, you are required to file Form 990 only if your gross receipts each year are normally more than $25,000. However, if you receive a Form 990 package in the mail, please file the return even if you do not exceed the gross receipts test. If you are not required to file, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $25,000 or less, and sign the return. If a return is required, it must be filed by the 15"" day of the fifth month after the end of your annual accounting period. A penalty of $10 a day is charged when a return is filed late, unless there is a reasonable cause for the delay. However, the maximum penalty charge cannot exceed $5,000 or 5 percent of your gross receipt for the year, whichever is less. This penalty may also be charged if a return is not complete, so please be sure your return is complete before you file it. You are not required to file Federal Income tax returns, unless you are subject to the tax on unrelated business Income under Section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990-T, exempt Organization Business Income Tax Return. In this letter we are most determining whether any of your present or proposed activities are unrelated trade or business as defined in Section 513 of the Code. Your need an employer identification number even if you have no employees. If an employer ideritification number was not entered on your application, a number will be assigned to you and you will be advised of it. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service. If we have indicated in the heading of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. Because this letter could help resolve any question about your exempt status and foundation status, you should keep it in your permanent record. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincerely yours, (Signed) Marilyn W. Day District Director This letter supersedes our letter of January 27, 1995, in that it states your organization is not required to file a Form 990. 7/29/2009 REPORTS OF COMMITTEES 67455 Chapel At Terminal 2 Mezzanine Level Chicago O'Hare International Airport. @ Chape) 2,550 Sq.iFf. "W -——^i^-- —^ CIUC090 O'Hare internotiond Airport OMPEL ll«t«- Mordl 2}. 2€D< RidNrd U. Oalcy • Mayor TERMMAL2 So*.- vc-r UettO'Me L6V0I Department of Aviotion Roswnorie S. Andobw • Eitcutiva Oir«etor-OMP Actiig Convnitsenaf Oaportmcnt of Aviation 67456 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Exhibit 2. (To Ordinance) License Agreement With Interfaith Airport Chapels Of Chicago, Inc. At Chicago Midway International Airport. This license agreement (the "License") is made and entered into this day of , 2009, by and between the City of Chicago, acting through its Department of Aviation (the "Licensor"), and Interfaith Airport Chapels of Chicago, Inc., an Illinois not-for-profit corporation (the "Licensee"). RECITALS WHEREAS, The Licensor operates an airport known as Chicago Midway International Airport (the "Airport"), and possesses the power and authority to lease premises and facilities and to grant other rights and privileges with respect thereto; and WHEREAS, The Licensee desires to use certain space at the Airport, more specifically identified on Exhibit A, attached hereto and incorporated by reference herein (the "Premises"), as a nondenominational space for purposes such as religious observance, meditation and prayer, as set forth in Exhibit B, for air carrier passengers, airport employees, airport tenants' employees, and members of the public. NOW, THEREFORE, In consideration of the promises and of the mutual covenants and agreements herein contained, and for such other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto covenant and agree as follows: ARTICLE I INCORPORATION OF RECITALS 1.01 Incorporation of Recitals The recitals set forth above are incorporated by reference as if fully set forth herein. ARTICLE II PREMISES 2.01 Use of Premises The Licensor hereby grants, and the Licensee hereby accepts, a License (the "License") for the exclusive use of the Premises, subject to the terms and conditions of this License, and to all applicable Federal, State, and local laws, regulations, mles, codes, ordinances; and executive orders, solely for those purposes set forth in Exhibit B hereto and for no other purpose. Use of the Premises shall be further subject to any restrictions or directives established by the Commissioner of Aviation (the "Commissioner") in his sole discretion. This License shall not be constmed to grant any right or interest in the Premises. 7/29/2009 REPORTS OF COMMITTEES 67457 2.02 Access The Licensee shall have ready and convenient access to the Premises, subject to the mles and regulations of the Licensor including, but not limited to, the security and safety mles of the Federal Aviation Administration (the "FAA") and the Licensor, and any other specific access limitations imposed by the Licensor. This License is subject to a reservation of rights by the Licensor for access to the Premises for maintenance, repair, inspection, and for any other purpose deemed necessary by the Licensor in its sole discretion. The Licensor shall give the Licensee reasonable notice prior to its exercise of such rights. 2.03 Relocation The Licensor shall give notice to the Licensee of the Licensor's intent to relocate the Licensee 30 days prior to the effective date of the relocation. Such notice shall include a description of the new premises and the effective date of such relocation. The terms and conditions of this License shall apply to the new premises. Exhibit A hereto may be revised by the Licensor to show the relocated premises without need for a formal amendment to this License. 2.04 Condition of the Premises The Licensee, by execution of this License, accepts the Premises in its current, "as is" condition and agrees to restore the premises to its original condition, if requested by the Licensor at the expiration of this License or upon revocation of this License by the Licensor. The Licensor makes no warranty, either express or implied, as to the condition of the Premises or its suitability for the Licensee's purpose or use. Improvements, if any, that are undertaken by the Licensee will be specified in an exhibit hereto and must be approved by the Licensor prior to undertaking of such improvements. The Licensee is prohibited from displaying any religious symbols or literature on the exterior of, or outside of, the Premises. The Licensee is permitted exterior display of some non- denominational designation, with the prior written approval of the Commissioner or his designated representative, that indicates a chapel is on the Premises. Any religious symbols displayed on or in the interior of the Chapel must be removable and may only be displayed during the appropriate scheduled worship service(s). 2.05 Modifications to Premises a. The Licensee is prohibited from improving or modifying the premises in any manner without written approval from the Commissioner. The Licensee may install equipment and improvements, and modify or expand existing facilities or improvements on its Premises, if prior written approval is obtained from the Commissioner or his authorized designee. 67458 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 b. Before entering into any contract or subcontract for such work, the Licensee shall first submit to the Commissioner for prior written approval, a construction application, together with complete plans and specifications of the proposed work. If requested by the Commissioner, the Licensee shall require the Licensee's contractor(s) to furnish a performance bond and payment bond, approved as to form and substance by the Commissioner. The Licensee shall reimburse the Licensor, promptly and upon demand thereof, for the reasonable costs of any professional services needed in connection with the review of the constmction plans. c. The Licensee shall include, and shall cause any contractors and subcontractors to include, in all constmction contracts all contract provisions required by the Licensor including, but not limited to, the General Conditions for constmction therein use by Licensor and executed contractors' Economic Disclosure Statements and Affidavits in the forms required by the Licensor. d. All work performed by the Licensee, its contractor or its subcontractor, including all workmanship and materials, shall be of acceptable quality and shall be perfonned in accordance with the plans and specifications approved by the Commissioner. Such work may be inspected by the Commissioner or his authorized designee at any time. The Licensee shall reimburse the Licensor, promptly and upon demand thereof, for the reasonable costs of such inspection. e. The Licensee shall deliver to the Commissioner "as builf'drawings of the wori< perfonned by it and shall keep such drawings current showing any changes or modifications made in or to its Premises. f The Licensee shall discharge when due all obligations to contractors, subcontractors, materialmen, wori g. The Licensee shall keep the Premises, equipment and improvements situated thereon free and clear of any and all liens in any way arising out of the constmction, improvement, or use of the Premises by the Licensee; provided, however, that Licensee may in good faith contest the validity of any lien. h. Licensee agrees that if it ever performs any improvements or modifications to the premises, including the procurement and lease of materials or equipment. Licensee must, to the extent possible, comply with the minority and women's business enterprise commitment requirements of the Municipal Code of Chicago, Section 2-92-420 et seq. (1990), except to the extent waived by the Chief Procurement Officer and the then cument Special Conditions regarding MBEyWBE Commitment issued by the Chief Procurement Officer ("Special Conditions"). Licensee must utilize minority and women's business enterprises at the greatest of the amounts listed in the Special Conditions or the percentages listed in them as applied to all payments received from the City 2.06 Utilities The Licensor shall be responsible for payment of all costs for separately metered water, electricity, natural gas, and all other utility services for the Premises. 7/29/2009 REPORTS OF COMMITTEES 67459 2.07 Taxes. Licenses, and Pennits The Licensee shall pay all taxes and, at its own expense, obtain all necessary licenses, inspections, permits, certificates, or other authorizations needed in connection with its use of, or vjofk on, the Premises. The Licensee shall comply at all times with any and all applicable municipal, county, state, and federal ordinances, laws, mles and regulations pertaining to use of, or work on, the Premises. 2.08 Operations The Licensee shall be responsible for any and all charges incurred in connection with its operations. The Licensee shall further restore and replace any property damaged as a result of the Licensee's operations. The Licensee shall conduct its operations in a clean, sanitary, and safe manner, and shall be responsible, pursuant to Section 2.10. for any maintenance that is required as a result of the Licensee's operations. 2.09 Non-assignment This License is personal and is granted solely to the Licensee and solely for the purposes stated herein. The Licensee shall not assign this License to any other party without the written consent of the Commissioner. Any attempted assignment shall be void and without effect as to the Licensor. 2.10 Maintenance Notwithstanding Section 2.04, the Licensee shall be responsible for any maintenance or repairs to the Premises that may be required as a result of the Licensee's occupation or operations. Licensee's maintenance obligation includes provision of regular janitorial services, including pest control. Any repairs must be approved by, and implemented as directed by, the Commissioner. Licensee shall maintain and replace any Airport or Licensor equipment that may be on the Premises and that may be damaged or in disrepair due to nornial wear and tear or the result of the Licensee's operations, occupation or use of the Premises. ARTICLE III DURATION OF LICENSE 3.01 Duration of License This License is revocable at will by the Commissioner, with or without cause, provided the Commissioner first gives the Licensee 30 days written notice in accordance with the terms and conditions hereof. In the event (a) Licensee no longer possesses the requisite licenses, pennits, or other authorizations in connection with the use of the Premises; (b) the purposes set forth in Exhibit B are no longer being perfonned by Licensee; or (c) Licensee fails to meet its obligation to administer the Premises in a nondiscriminatory manner, the Commissioner may revoke this License upon 10 days' notice. This License shall expire on the tenth anniversary from the date of issuance, but the parties may extend this License for three additional one-year periods in accordance with the requirements of Section 8.03 below. 67460 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 This License may be terminated by the Licensor pursuant to a court order. The Licensee understands and agrees to its obligation to work in good faith to resolve any constitutional challenges to its use of the Premises. 3.02 Vacation of Premises The Licensee shall provide the Licensor with written notice of its intention to vacate the Premises no less than 60 days prior to its vacation of the Premises. 3.03 Return of Premises: Waiver of Forcible Detainer a. The Licensee covenants and agrees to yield and deliver peaceably to the Licensor possession of the Premises on the date of the revocation or expiration of this License, promptly and in as good a condition as at the issuance of the License, reasonable wear and tear excepted. If the Premises have been improved, it is to be released in as good condition as of the completion date of the last improvement made to the Premises, reasonable wear and tear excepted, or returned to its original condition if so requested by the Licensor. b. Personal property owned and placed or installed by the Licensee on the Premises shall remain the property of Licensee and must be removed on or before the revocation or expiration of the License at Licensee's sole risk and expense. Any damage to the Airport, the terminal, the Premises; or any fixtures located therein; resulting from such removal shall be paid for by the Licensee. The Licensor shall have the right to assert such lien or liens against said property as Licensor may be permitted by law. So long as any such property remains on the Premises, the Licensee's obligation to pay any fees shall continue with respect to such Premises. c. If the Licensee's property is not removed as herein provided, or if the Premises are not promptly yielded within 30 days of the revocation or expiration of this License, Licensee shall be deemed to have waived the Forcible Entry and Detainer Act, 735 ILCS 5/9-101 et seq. and the Licensor may, at its option, deem such property abandoned and keep such property or, after written notice to the Licensee and at the Licensee's sole risk and expense, remove such property to a public warehouse for deposit or retain the same in the Licensor's possession and after expiration of 30 days sell the same, with notice and in accordance with applicable law, the proceeds of which shall be applied first to the expenses of such removal and sale, second to any sum owed by the Licensee to the Licensor, and any balance remaining shall be paid to the Licensee. ARTICLE IV PAYMENT OF LICENSE FEES 4.01 Basis of Payment The basis of payment by Licensee of license fees for this License shall be as set forth in Exhibit C, attached hereto and incorporated by reference herein. 4.02 Place of Payment and Late Fees a. All amounts due from the Licensee hereunder shall be paid to the Licensor at the Office 7/29/2009 REPORTS OF COMMITTEES 67461 of the City's Comptroller or at such other place as may be hereafter designated by the City's Comptroller. b. Any amount which is not paid within five days of when due and. if appropriate, invoiced, shall bear interest from its due date at a rate conforming to cun-ent, established real estate interest rates on such late fees for commercial property. c. Notwithstanding the foregoing. Licensee shall not abate, suspend, postpone, set-off, or discontinue any payments of fees payable hereunder. 4.03 Security Deposit No security deposit will be required. ARTICLE V INDEMNITY AND INSURANCE 5.01 Indemnity The Licensee agrees to defend, indemnify, keep and hold harmless the Licensor, its officers, representatives, elected and appointed officials, agents, and employees as hereafter provided in this Subsection (c). Licensee shall include, and shall cause any contractors and subcontractors to include, in all constmction contracts, a provision requiring the contractor or subcontractor to defend, indemnify, keep and hold harmless the Licensor, its officers, representatives, elected and appointed officials, agents and employees from and against any and all Losses, including those related to: (i) injury, death or damage of or to any person or property; (ii) any infringement or violation of any property right (including any patent, trademark or copyright); (iii) failure to pay or perfonn or cause to be paid or performed Licensee's covenants and obligations as and when required under this License or otherwise to pay or perform its obligations to any contractor or subcontractor; and (iv) injuries to or death of any employee of Licensee or any contractor or subcontractor under any wori i. At the Licensor's Corporation Counsel's option, Licensee, the contractor or subcontractor, as the case may be, will defend all suits brought upon all such Losses and will pay all costs and expenses incidental to them, but the Licensor has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Licensee, its contractors or subcontractors of any of its obligations under this License. Any settlement must be made only with the prior written consent of the Licensor's Corporation Counsel, if the settlement requires any action on the part of the Licensor. ii. To the extent permissible by law. Licensee waives, and shall cause its contractors and subcontractors to waive, any limits to the amount of its obligations to indemnify, defend or contribute to any sums due under any Losses, including any claim by any employee of Licensee, its contractors and subcontractors that may be subject to the Workers 67462 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Compensation Act, 820 ILCS 305/1 et seq., or any other law or judicial decision. The Licensor, however, does not waive any limitations it may have on its liability under the Illinois Wori^ers Compensation Act or the Illinois Pension Code, if applicable. iii. The indemnities contained in this Subsection (c) survive expiration or termination of this License and the applicable contract and subcontract for matters occumng or arising during the term of this License or as the result of or during Licensee's tenancy of, or constmction on, the Premises. Licensee acknowledges that the requirements set forth in this section to indemnify, keep and save harmless and defend the Licensor are apart from and not limited by the Licensee's duties under this License, including the insurance requirements under Section 5.02. The Licensee shall provide, or shall require its contractors or subcontractors to provide, liability insurance covering the foregoing, and naming the Licensor, its agents, officials, and employees, as an additional insured. 5.02 Insurance The Licensee agrees to provide the insurance coverage as set forth in Exhibit D, attached hereto and incorporated by reference. The Licensee will furnish, and will require its contractors and subcontractors to furnish, original certificates of Insurance evidencing the required coverage to be in force on the date of this License, and renewal certificates of insurance, or such similar evidence (if the coverages have an expiration or renewal date during the term of this License) to the Department of Aviation, Real Estate Division, Midway International Airport. 10510 W. Zemke Road, Chicago, Illinois, 60666, and the Risk Management Division, 333 S. State St., Room 400, Chicago. Illinois, 60604-3976. The Licensee shall also submit evidence of insurance on the City of Chicago Insurance Certificate of Coverage Form (copy attached). Licensee will name, and will require its contractors and subcontractors to name, the City of Chicago as a loss payee in any required insurance coverage. ARTICLE VI COMPLIANCE 6.01 Compliance with all Laws Licensee shall, and shall cause any contractors and subcontractors to, observe and comply with, and pay all taxes and obtain all licenses, certificates and other authorizations required by all applicable Federal, state, county; and municipal laws, statutes, ordinances, and executive orders; including, but not limited to, those set forth below. Licensee agrees to incorporate by reference any and all statutes, rules, and regulations required pursuant thereto which may now or hereafter be required by any Federal, State, state, county, and municipal agency. Further, Licensee shall execute, and shall cause any of its contractors to execute. Economic Disclosure Statements and Affidavits in accordance with the requirements of the Licensor. Notwithstanding anything herein to the contrary, references herein to a statute or law shall be deemed to be a reference to (i) such statute or law as it may be amended from time to time, (ii) all regulations and mles pertaining to or promulgated pursuant to such statute or law. 7/29/2009 REPORTS OF COMMITTEES 67463 and (ill) all future statutes, laws, regulations, mles, and executive orders pertaining to the same or similar subject matter. Licensee shall comply with, and shall cause its contractors and subcontractors to comply with, the following: a. Nondiscrimination 1. Federal Requirements It shall be an unlawful employment practice for the Licensee or its contractors: (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to compensation, or the terms, conditions, or privileges of his employment, because of such individual's race, color, religion, sex, age, handicap\disability; or national origin; or (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, age, handicap\disability or national origin. Nothing contained herein shall be deemed to conflict with the Licensee's ability to exercise its rights to freedom of religion pursuant to the United States and Illinois Constitutions or any federal or state statutes or City ordinances. The Licensee and its contractors shall comply with the Civil Rights Act of 1964, 42 U.S.C. sec. 2000 et seg. (1981). as amended, and the Civil Rights Act of 1991, P.L. 102-166. Attention is called to: Exec. Order No. 11,246, 30 Fed. Reg. 12,319(1965), reprinted in 42 U.S.C. 2000(e) note, as amended by Exec. Order No. 11,375. 32 Fed. Reg. 14303 (1967) and by Exec. Order No. 12.086, 43 Fed. Reg. 46,501 (1978); Age Discrimination Act, 42 U.S.C. sections 6101-6106 (1981); Rehabilitation Act of 1973, 29 U.S.C. sections 793-794 (1981); Americans with Disabilities Act, 42 U.S.C. Section 12101 and 41 C.F.R. Part 60 et seg. (1990) and 49 CFR Part 21. as amended (the "ADA"); and all other applicable federal statutes, regulations and other laws. 2. State Requirements The Licensee and its contractors shall comply with the Illinois Human Rights Act, 775 ILCS 5/1-101 et seg. (1990), as amended, and any mles and regulations promulgated in accordance therewith, including, but not limited to the Equal Employment Opportunity Clause. 5 111. Admin. Code §750 Appendix A. Furthermore, the Licensee and its contractors and subcontractors shall comply with the Public Works Employment Discrimination Act. 775 ILCS 10/0.01 et seq. (1990), as amended. 3. Municipal Requirements The Licensee and its contractors and subcontractors shall comply with the Chicago Human Rights Ordinance, Ch. 2-160, sec. 2-160-010 et seg. of the 67464 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Municipal Code of Chicago (1990), as amended. Further, the Licensee and its contractors and subcontractors shall furnish such reports and information as requested by the Chicago Commission on Human Relations. b. Ethics The Licensee, its contractors and subcontractors shall comply with Chapter 2-156 of the Municipal Code of Chicago. The Licensee warrants and represents that no officer, agent or employee of the Licensor is or will be employed by the Licensee or its contractors, or has a financial interest, direct or indirect, in this License or the compensation to be paid hereunder, except as may be permitted in writing by the Board of Ethics established pursuant to the Municipal Code of Chicago (Chapter 2-156); and that no payment, gratuity, or offer of employment shall be made in connection with this License by or on behalf of any contractors or anyone associated therewith, as an inducement for the award of a contract or order; and the Licensee and its contractors further acknowledge that any license or any contract entered into, negotiated, or perfonned in violation of any of the provisions of Chapter 2-156 shall be voidable as to the Licensor. Licensee warrants and represents that Licensee and, to the best of its knowledge, its contractors are not in violation of the provisions of Section 2-92-320 of Chapter 2-92 Pursuant to Section 2-156-030(b) of the Municipal Code of Chicago, it is illegal for any elected official of the City of Chicago ("City"), or any person acting at the direction of such official, to contact, either orally or in writing, any other City official or employee with respect to any matter involving any person with whom the elected official has a business relationship, or to participate in any discussion in any City Council committee hearing or in any City Council meeting or to vote on any matter involving the person with whom an elected official has a business relationship. Violation of Section 2-156-030(b) by any elected official with respect to this License shall be grounds for revocation of this License. The tenn "business relationship" shall be defined as set forth in Section 2-156-080 of the Municipal Code of Chicago. c. Ineligibility The Licensee and its contractors wan^ant and represent that the Licensee and its contractors are not in violation of the provisions of Section 2-92-320 of Chapter 2-92 of the Municipal Code of Chicago or of the Illinois Criminal Code, 720 ILCS 5/33E as amended, or the Illinois Municipal Code, 65 ILCS 5/11-42.1-1, as amended. d. Inspector General The Licensee and its contractors and subcontractors shall cooperate with the Inspector General in any investigation or hearing undertaken pursuant to Chapter 2-56 of the Municipal Code of Chicago. The Licensee and its contractors and subcontractors understand and will abide by all provisions of Chapter 2-56 of the Municipal Code of Chicago. All contracts shall inform contractors of this provision and require understanding and compliance herewith. e. MacBride Ordinance The Licensor, through the passage of the MacBride Principles Ordinance, seeks to promote fair and equal employment opportunities and labor practices for religious minorities in 7/29/2009 REPORTS OF COMMITTEES 67465 Northern Ireland and provide a better working environment for all citizens in Northern Ireland. In accordance with Section 2-92-580 of the Municipal Code of Chicago, if the Licensee or its contractors conduct any business operations in Northem Ireland, it is hereby required that the Licensee and its contractors shall make all reasonable and good faith efforts to conduct any business operations in Northem Ireland in accordance with the MacBride Principles for Northem Ireland as defined in Illinois Public Act 85-1390 (1988 I11. Laws 3220). f Anti-Scoffiaw The Licensee represents and warrants that no outstanding parking violation complaints, debts or obligations, as these tenns are defined in Section 2-92-380 of the Municipal Code of Chicago, are presently owed by Licensee or any of its contractors to the Licensor. Licensee agrees that, for the term of this License, it and its contractors will promptly pay any debts, outstanding partying violation complaints or monetary obligations owed to the Licensor, with the exception of any debt or obligation that is being contested. g. Security Act This License is expressly subject to the airport security requirements of Title 49 of the United States Code, Chapter 449, as amended ("Aviation Security Act"), the provisions of which govem airport security and are incorporated by reference, including the rules and regulations promulgated under it. In the event that the Licensee or its contractors, or any individual employed by them, has (i) unescorted access to aircraft located on or at the Licensor's airports; (ii) unescorted access to secured areas; or (iii) capability to allow others to have unescorted access to such aircraft or secured areas, the Licensee shall be subject to, and further shall conduct with respect to its contractors and the respective employees of each, such employment investigations, including criminal history record checks, as the Administrator of the Federal Aviation Administration and the Licensor may deem necessary. Further, in the event of any threat to civil aviation, as defined in the Act, the Licensee shall promptly report any infonnation in accordance with those regulations promulgated by the Secretary of the United States Department of Transportation and by the Licensor. Finally, in the event this License involves the constmction, reconstmction, demolition or alteration of facilities to be located at or on the Licensor's airports, the Licensee shall, notwithstanding anything contained in the License, at no additional cost to the Licensor, perform such work in compliance with those guidelines developed by the Licensor and the Federal Aviation Administration with the objective of maximum security enhancement. h. Federal Aviation Administration Requirements The Licensee shall comply with, and shall have its contractors and subcontractors comply with, the FAA requirements including, but not limited to, those set forth in Exhibit E, attached hereto and incorporated by reference, which are now or hereafter in effect. 6.02 Compliance with all Rules and Regulations The Licensee shall obey all applicable mles and regulations promulgated from time to time by the Licensor. Except in cases of emergency, no such mIe or regulation shall be applicable to the 67466 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Licensee unless it has been given 15 days prior written notice of the adoption thereof. ARTICLE VII NOTICES Any notice required pursuant to this License shall be mailed, telexed, telecopied or personally delivered to the respective parties at the following address: IF TO THE LICENSOR: Deputy Commissioner. Real Estate Department of Aviation City of Chicago Chicago-Midway Intemational Airport 10510 W. Zemke Road Chicago, IL 60666 with a copy to: City of Chicago Department of Law 121 North LaSalle Street; Room 600 Chicago, IL 60602 Department of Law Aviafion, Envionmental and Regulatory Section 30 North LaSalle Street; Suite 900 Chicago, Illinois 60602 Attn: Deputy Corporation Counsel IF TO THE LICENSEE: Joan M. McGuire O.P. President, Interfaith Airport Chapels of Chicago, Inc. 835 North Rush Street Chicago, Illinois 60611 with a copy to: Administrator O'Hare Interfaith Chapel Chicago O'Hare Intemational Airport Terminal 2, Mezzanine P.O. Box 66353 Chicago, IL 60666 Except as otherwise expressly provided hereunder, any notice or communication under this License shall be deemed lo have been given or made; (i) if a messenger or courier service is used, when delivered to the addressee; (ii) if sent by mail (certified or otherwise), five days after being deposited in the mails, postage prepaid, and property addressed; and (iii) if sent by telex or telecopy, the eariier of (i) actual receipt by addressee or (ii) 24 hours after confirmation of transmission. 7/29/2009 REPORTS OF COMMITTEES 67467 ARTICLE VIII GENERAL CONDITIONS 8.01 Applicable Law This License shall be deemed to have been granted in, and shall be constmed in accordance with, the internal laws of the State of Illinois without regard to its conflict of laws provisions. 8.02 Severability If any provisions of this License shall be held or deemed to be, or shall in fact be, inoperative or unenforceable as applied in any particular case in any jurisdiction or in all cases because it conflicts with any other provision or provisions hereof or of any constitution, statute, ordinance, mIe of law, or public policy, or for any other reason, such circumstances shall not have the effect of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses, or sections contained in this License shall not affect the remaining portions of this License or any part thereof. 8.03 Amendments No changes, amendments, modifications, or discharge of this License, or any part thereof, shall be valid unless in writing and signed by the authorized agent of the Licensee and by the Commissioner or his respective successors and assigns. 8.04 No Personal Liability No official, employee, or agent of the Licensor shall be charged personally by the Licensee, its officials, employees, agents; or contractors with any liability or expenses of defense or be held personally liable to them under any term or provision of this License, or because of the Licensor's execution or attempted execution; or because of any breach thereof. 8.05 Entire Agreement This License, and the exhibits attached hereto and incorporated hereby, shall constitute the entire agreement between the parties; no other warranties, inducements, considerations, prcimises, or interpretations shall be implied or impressed upon this License that are not expressly addressed herein and therein. 8.06 Subordination This License shall be subordinate to any and all agreements between the Licensor and the Federal Aviation Administration. The Licensee agrees that it shall not cause the Licensor to violate any of the Licensor's obligations to the Federal govemment in connection with the granting of Federal funds or in connection with its operation of the Airport. 67468 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 ARTICLE IX AUTHORITY 9.01 The Licensor's Authority This License is authorized by an Ordinance passed by City of Chicago City Council on ,2009. 9.02 The Licensee's Authority Execution of this License by the Licensee is authorized by corporate resolution or by-law of the Licensee, and the signature(s) of each person signing on behalf of the Licensee have been made with complete and full authority to commit the Licensee to all terms and conditions of this License, including each and every representation, certification, and warranty contained herein, attached hereto and collectively incorporated by reference herein, or as may be required by the terms and conditions thereof. 9.03 The Licensee's Tax Exempt Status The Licensee is a foundation having current tax exemption under Section 501(c) of the Intemal Revenue Code. IN WITNESS WHEREOF, the parties have caused this License to be executed on the date first written above. CITY OF CHICAGO By: Rosemarie Andolino Commissioner Department of Aviation MIDWAY INTERFAITH CHAPEL CORPORATION APPROVED AS TO FORM AND LEGALITY: By: Senior Counsel Name: Title: [(Sub)Exhibits "A" and "F" and City of Chicago Insurance Certificate Coverage Form referred to in this License Agreement with Interfaith Airport Chapels of Chicago, Inc. at Chicago Midway International Airport unavailable at time of printing] [Location of Chapel at Chicago Midway International Airport attached to this License Agreement with Interfaith Airport Chapels of Chicago, Inc. at Chicago International Airport printed on page of this Journal.] (Sub)Exhibits "B", "C", "D", "E" and Letter of Tax Exemption referred to in this License Agreement with Interfaith Airport Chapels of Chicago, Inc. at Chicago Midway International Airport reads as follows: 7/29/2009 REPORTS OF COMMITTEES 67469 (Sub)Exhibit "B". (To License Agreement With Interfaith Airport Chapels Of Chicago, Inc. At Chicago Midway International Airport) The Operational Norms Of Interfaith Airport Chapels Of Chicago For The Midway And O'Hare Interfaith Airport Chapels. Preface. The City of Chicago has entered into License Agreements with Interfaith Airport Chapels of Chicago (the "Corporation") to provide space at the Chicago Midway and O'Hare International Airports (the "Airports") for interfaith chapels (the "Chapels"). The Corporation has established these operational norms to govern the Chapels. Article One. Purposes of the Chapels. 1.1 The Chapels are a unique program of cooperation among the religions. As such, their ministry will not follow the usual pattern found in churches, temples, mosques or shrines. The Chapels have an interfaith ministry of presence within the multi-religious community of the Airports. Because of this fundamental premise, the ministry of the Chapels will be limited to or specialized in the following areas: to furnish a space for quiet reflection for workers and travelers, to provide regulariy scheduled worship services to the multi-religious community, to have chaplains available to provide professional pastoral care to workers and travelers, to act as a referral agent to other approved religious professionals for denominational needs, to provide fellowship opportunities which are in accord with these purposes, to provide pastoral services for the emergency and human service needs of the Airports, to maintain regular office hours at the offices of each Chapel and a 24 hour on-call system. 67470 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 1.2 The Chapels will primarily be used for silent reflection. They will be available to travelers, employees and visitors on a seven-day, 24-hour basis. Worship services shall be conducted, but only on a regularly scheduled basis. Impromptu services are not permitted. Regulariy scheduled worship services are worship services that are publicly advertised and posted throughout Midway Airport and which meet at fixed times and at regular intervals. The public address systems made available by several tenant airiines to the Chapels are for the sole purpose of announcing regulariy scheduled worship services. 1.3 The Chapels shall be welcoming and accommodating to all peoples regardless of race, creed, sex or national origin. The Chapels are to have due regard for the integrity of all faith communities. 1.4 While convert making is integral to many religions, given the unique nature of the Chapels, such ministry is wholly incompatible with the purposes of this organization and may not be conducted. Thus, convert making, proselytizing and the equivalent will not be conducted at the Chapels. Article Two. Organization. 2.1 The Corporation is a not-for-profit corporation incorporated under the laws of the State of Illinois. The Board of Directors of the Corporation is composed of representatives of various middle level judicatories, e.g., dioceses, classis, presbyteries, etc., present in the Chicagoland area. The affairs of the Corporation shall be managed by its Board of Directors. Article Three. The Administering Judicatory. 3.1 The Board of Directors shall elect, by a majority vote of the Directors present at a meeting at which a quorum is present, one judicatory to assume the responsibility of administering the 7/29/2009 REPORTS OF COMMITTEES 67471 Chapels. This judicatory shall be known as the Administering Judicatory. Only those judicatories which are represented on the Board of Directors may be eligible for election as the Administering Judicatory. The Corporation shall enter into a written agreement with the Administering Judicatory and the election of the Administering Judicatory shall take effect on the date such agreement is executed. The Administering Judicatory will be responsible for carrying out the obligations required of it under the terms of its written agreement with the Corporation. A judicatory's status as the Administering Judicatory shall remain in effect only so long as its written agreement with the Corporation is in full force and effect. Article Four The Administrator 4.1 The Administrator is an employee of the Administering Judicatory and takes office upon approval of the agreement between the Administering Judicatory and the Corporation. 4.2 The Administrator is the chief operating officer of the Chapels. The Administrator shall be available on a 24-hour on-call basis. The Administrator is responsible for performing the duties set forth in that section of the agreement between the Corporation and the Administering Judicatory which describes the duties of the Administrator. Article Five. The Sponsoring Judicatories. 5.1 The Board of Directors shall elect, by a majority vote of the Directors at a meeting at which a quorum is present, judicatories to assume the responsibility of sponsoring Chaplaincies at each of the Chapels. Each of these judicatories shall be known as a Sponsoring Judicatory. Only those judicatories which constitute middle level judicatories in the Chicagoland area and which have demonstrated an ability and willingness to carry out the responsibilities of the written agreement which all Sponsoring Judicatories must sign with the corporation are eligible for election as Sponsoring Judicatories. The Corporation shall enter into a written agreement with each Sponsoring Judicatory and the election of a Sponsoring Judicatory shall take effect on the date such agreement is executed. Each Sponsoring Judicatory shall be responsible for carrying out the obligations required of it under the terms of its written agreement with the Corporation. A judicatory's status as a Sponsoring Judicatory shall remain in effect only so long as its written agreement with the Corporation is in full force and effect. 67472 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 5.2 Sponsoring Judicatories shall staff their respective Chaplaincies with Chaplains. Sponsoring Judicatories may also appoint Associate Chaplains and Assistant Chaplains. The appointments of Chaplains, Associate Chaplains and Assistant Chaplains shall become effective when the Corporation enters into written agreement with their Sponsoring Judicatory. Chaplains, Associate Chaplains and Assistant Chaplains are agents of their Sponsoring Judicatory and not of the Corporation. The Sponsoring Judicatory assumes full moral and legal responsibility for the performance of ministry at the Midway Chapel by any of its Chaplains, Associate Chaplains, Assistant Chaplains and any volunteers selected by the Chaplain to assist in the support of the Sponsoring Judicatory's chaplaincy at the Midway Chapel, and to indemnify the Corporation for the same. Article Six.. The Chaplaincies. 6.1 The ministry of the Chapels shall be carried out exclusively by Chaplaincies of the Sponsoring Judicatories. No one may conduct ministry at the Chapels unless they have been appointed to do so by a Sponsoring Judicatory in accordance with the provisions of these operational norms and the terms of the Corporation's agreement with its Sponsoring Judicatories. 6.2 A Chaplain is understood to be a full religious professional, equal to a priest, rabbi, Protestant pastor or Muslim religious leader. Any nominee for the position of Chaplain shall be a graduate of an accredited divinity school or theological seminary. They shall hold at least a Master of Divinity degree or the equivalent. They shall be ordained or otherwise mandated to function as religious professionals in their judicatory. They shall be in good standing with their judicatory and in possession of valid faculties, license to minister, etc.. The Chaplain is responsible for performing the duties set forth in that section of the agreement between the Corporation and the Sponsoring Judicatory which describes the duties of the Chaplain. 6.3 An Associate Chaplain is understood as a full religious professional, meeting all of the qualifications of the Chaplain. The Associate Chaplain is responsible to preside at regulariy scheduled worship services of the Sponsoring Judicatory at one or both of the Chapels when the Chaplain is not available to conduct such services. 7/29/2009 REPORTS OF COMMITTEES 67473 6.4 Assistant Chaplains are understood as paraprofessional ministers. Included in this category are deacons, associates in ministry and similar designations used by the different Sponsoring Judicatories. Their role is to help in the ministry of the Chaplaincy. Such assistants shall be trained in theology and ministry and shall be certified in writing by their judicatory as being prepared to undertake the ministry of an Assistant Chaplain. They are accountable to the Chaplain they assist. Their specific responsibilities with regard to worship services shall be determined by the Sponsoring Judicatory. 6.5 Chaplains may associate other persons with them to serve in support staff functions for the Chaplaincy of the Sponsoring Judicatory. The Chaplain's Sponsoring Judicatory takes responsibility for the services of such persons. The Chaplain shall maintain a current list of all such persons and shall provide this list to the Administrator and to the Chaplain's Sponsoring Judicatory. Support staff persons may not lead worship or perform any other service constituting professional ministry, i.e., pastoral care, counseling, preaching, etc. Their role is in the support staff area for a particular Chaplaincy. No person may serve at one or both of the Chapels in this support staff capacity unless they are on the Chaplain's support staff list. Article Seven. Referrals. 7.1 Where there is a demonstrated need, the Administrator shall ask the Board of Directors to request a judicatory who is not a Sponsoring Judicatory to designate religious professionals to whom the Chaplains may refer persons for specific denominational ministry. 7.2 The denominational minister is nominated by his/her judicatory and upon review and approval of the nomination by the Board of Directors is designated for this role. 7.3 The Administrator shall maintain a file on each denominational minister containing his/her Letter of Appointment to receive referrals from the Chapels and the terms of those referrals. 67474 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 7.4 Denominational ministers are not on the staff of the Chapels and at all times remain agents of their judicatory. They may not conduct worship services or deliver pastoral care at the Chapels. 7.5 The judicatory of the denominational minister assumes full responsibility for their ministry as well as professional liability insurance. Article Eight Finances. 8.1 The support of the Corporation shall come from fund raising efforts conducted in the name of the Corporation. Any deficit sustained by the Corporation in a given year shall be satisfied by the Administering Judicatory. The funds of the Corporation shall be owned and controlled by the Corporation and shall be held in accounts in the name of the Corporation. The funds of the Corporation shall be managed by the Board of Directors and administered by the Administering Judicatory, through the Administrator, subject to the direction of the Board of Directors. The Administrator shall make periodic reports to the Board of Directors on the finances of the Corporation. Specific reporting requirements shall be set forth in the agreement which the Administering Judicatory enters into with the Corporation. All fund raising efforts in the name of the Corporation must be approved in advance by a majority vote of the Board of Directors. 8.2 The support of a Chaplaincy shall come from funds supplied by its Sponsoring Judicatory and offerings at the worship services of that Chaplaincy. These funds shall be owned and controlled by the Sponsoring Judicatory and shall not be commingled with funds of the Corporation. A Sponsoring Judicatory, through its Chaplain, shall be required to make periodic reports to the Board of Directors of the funds it has collected. Specific reporting requirements shall be set forth in the agreement which each Sponsoring Judicatory enters into with the Corporation. Neither the Sponsoring Judicatories nor the Administering Judicatory may conduct fund raising efforts for the support of their respective Chaplaincies 7/29/2009 REPORTS OF COMMITTEES 67475 unless- a request is made in writing to the Board of Directors and the Board of Directors approves the request by a majority vote of the Board of Directors. Dated: December 15, 1995 (Revised July 1, 2002) (Sub)Exhibit "C". (To License Agreement With Interfaith Airport Chapels Of Chicago, Inc. At Chicago Midway International Airport) Basis Of Payment. Licensee's annual fee for the use of the Premises under this License is One and no/100 Dollars ($1.00), it being agreed that the services being provided to the Airport by the Corporation at no cost to the Airport are adequate consideration for use of the Premises. (Sub)Exhibit "D". (To License Agreement With Interfaith Airport Chapels Of Chicago, Inc. At Chicago Midway International Airport) Insurance Requirements. Licensee's shall provide and maintain, at the Licensee's own expense during the Term of this License, the insurance coverages and requirements specified below, insuring all operations related to the License. A. Insurance To Be Provided. 1. Workers' Compensation And Employer's Liability. Workers' Compensation and Employer's Liability Insurance, as prescribed by applicable law, covering all employees who are to provide a service under this License and Employer's Liability coverage with limits of not less than One Hundred Thousand Dollars ($100,000) each accident or illness. 2. Commercial Liability Insurance (Primary And Umbrella). Commercial Liability Insurance or equivalent with limits of not less than One Million Dollars ($1,000,000) per occurrence, for bodily injury, personal injury and property damage liability. Coverages shall include the following: all premises and operations, 67476 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 products/completed operations, independent contractors, separation of insureds, defense and contractual liability (with no limitation endorsement). The City of Chicago, its employees, elected officials, agents and representatives are to be named as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the License. Automobile Liability Insurance (Primary And Umbrella). When any motor vehicles (owned, non-owned and hired) are used on the Airport premises in connection with the License, Licensee shall provide Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage. The City of Chicago, its employees, elected officials, agents and representatives are to be named as additional insured on a primary, noncontributory basis. B. Additional Requirements. The Licensee will furnish the City of Chicago, Department of Finance, Risk Management Office, 333 South State Street, Room 400, Chicago, Illinois 60604; Department of Aviation, Real Estate Division, O'Hare International Airport, P.O. Box 6142, Chicago, Illinois 60666; and Purchases, Contracts and Supplies, City Hall, Room 403, 121 North LaSalle Street, Chicago, Illinois 60602, original Certificates of Insurance evidencing the required coverage to be in force on the date of this License, and Renewal Certificates of Insurance or such similar evidence if the coverages have an expiration or renewal date occurring during the term of this License. The Licensee shall submit evidence of insurance on the City of Chicago Insurance Certificate Form (attached) or equivalent prior to execution of the License. The receipt of any certificate does not constitute agreement by the City that the insurance requirements in the License have been fully met or that the insurance policies indicated on the certificate are in compliance with all License requirements. The failure of the City to obtain certificates or other insurance evidence from the Licensee shall not be deemed to be a waiver by the City. Licensee shall advise all insurers of the License provisions regarding insurance. Nonconforming insurance shall not relieve Licensee of its obligation to provide insurance as specified herein. Nonfulfillment of the insurance conditions. The insurance hereinbefore specified shall be carried until the termination of this License. Failure to carry or keep such insurance in force may constitute a violation of this License, and the City retains the right to terminate this License until proper evidence of insurance is provided. The insurance shall provide for thirty (30) days prior written notice to be given to the City in the event coverage is substantially changed, canceled or non-renewed. Any and all deductibles or self-insured retentions on referenced insurance coverages shall be borne by Licensee. 7/29/2009 REPORTS OF COMMITTEES 67477 Licensee agrees that insurers shall waive their rights of subrogation against the City of Chicago, its employees, elected officials, agents, employees or representatives. Licensee expressly understands and agrees that any coverages and limits furnished by Licensee shall in no way limit the Licensee's liabilities and responsibilities specified within the License documents or by law. Licensee expressly understands and agrees that any insurance or self-insurance programs maintained by the City of Chicago shall apply in excess of and not contribute to insurance provided by the Licensee under the License. The required insurance shall not be limited by any limitations expressed in the indemnification language herein or any limitation placed on the indemnity therein given as a matter of law. Licensee shall require all sublicensees to provide the insurance required herein or Licensee may provide the coverages for sublicensees. All sublicensees shall be subject to the same insurance requirements of Licensee unless otherwise specified herein. If Licensee or sublicensees desire additional coverages, the Licensee and each sub licensee shall be responsible for the acquisition and cost of such additional protection. The City of Chicago Risk Management Department maintains the right to modify, delete, alter or change these requirements. (Sub)Exhibit 'E". (To License Agreement With Interfaith Airport Chapels Of Chicago, Inc. At Chicago Midway International Airport) Federal Aviation Administration Requirements. 1. Licensor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or view of the Licensee, and without interference or hindrance. 2. Licensor reserves the right, but shall not be obligated to the Licensee, to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of the Licensee in this regard. 3. This License shall be subordinate to the provisions and requirements of any existing or future agreement between the City and the United States relative to the development, operation, or maintenance of the Airport. 67478 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 4. There is hereby reserved to the Licensor, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises herein described. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from, or operation on the Airport. 5. It is cleariy understood by the Licensee that no right or privilege has been granted that would operate to prevent any person, firm, or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform. 6. The Licensee agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event any future structure or building is planned for the demised premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises. 7. The Licensee, by accepting this License, expressly agrees for itself, its successors, and assignees that it will not erect nor permit the erection of any structure or object, nor permit the growth of any tree on the Premises that would meet the F.A.A. definition of an obstruction to air navigation. In the event the aforesaid covenants are breached, the Licensor reserves the right to enter upon the Premises and to remove the offending structure or object, or cut the offending tree, all of which shall be at the expense of the Licensee. 8. Licensee, by accepting this License, agrees for itself, its successors, and assigns that it will not make use of the Premises in any manner which might interfere with the landing and taking off of aircraft from the Airport or othenrt/ise constitute a hazard. In the event aforesaid covenant is breached, the Licensor reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of the Licensee. 9. The Licensee for itself, its successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be othenwise subjected to discrimination; and (3) that the Licensee shall use the premises in compliance with all other requirements imposed by or pursuant to 49 C.F.R. Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 10. The Licensee agrees to furnish service on a fair, equal, and not unjustly discriminatory basis to all users thereof. 11. The Licensee assures that it will comply with pertinent statutes. Executive Orders, and such rules as are promulgated to assure that no person shall, on the grounds of race, color. 7/29/2009 REPORTS OF COMMITTEES 67479 or national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the Licensee or its transferee for the period during which Federal assistance is extended to the airport program. In these cases, the Provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this Provision binds the contractors from the bid solicitation period through the completion of the contract. 12. The Licensee agrees that it shall insert this (Sub)Exhibit E in any lease by which said Licensee grants a right or privilege to any person, firm, or corporation to render accommodations and/or services to the public on the Premises herein licensed. Letter Of Tax Exemption. (To License Agreement with Interfaith Airport Chapels of Chicago, Inc. At Chicago Midway International Airport) Internal Revenue Service District Director Department of the Treasury P.O. Box A-3290 DPN 22-2 Chicago, Illinois 60690 Employer Identification Number: 36 - 3974938 Date: February 13, 1995 Case Number: O'Hare Interfaith Chapel Corporation 364272015 c/o Patricia B. Carison Mayer, Brown & Piatt Contact Person: 190 South LaSalle Street Ms. L. Daniels Chicago, IL 60603 Contact Telephone: (312)886-6532 Accounting Period Ending: June 30 Form 990 Required: No Addendum Applies: Yes 67480 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Dear Applicant: Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determine you are exempt from Federal Income Tax under Section 510(a) of the Internal Revenue Code as an organization described in Section 501(c)(3). We have further determined that you are not a private foundation within the meaning of Section 509(a) of the Code, because you are an organization described in Section 509(a)(1) and 170(b)(1)(A)(l). 1f your sources of support, or your purposes, character, or method of operation change, please let us know so we can consider the effect of the change on your exempt status and foundation status. In the case of an amendment to your organizational document or bylaws, please send us a copy of the amended document or bylaws. Also, you should inform us of all changes in your name or address. As of January 1, 1984, you are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more you pay to each of your employees during a calendar year. This does not apply, however, if you make or have made a timely election under Section 3121(w) of the Code to be exempt from such tax. You are not liable for the tax imposed under the Federal Unemployment Tax Act (F.U.T.A.). Since you are not a private foundation, you are not subject to the excise taxes under Chapter 42 of the Code. However, you are not automatically exempt from other Federal excise taxes. If you have any question about excises employment, or other Federal taxes please let us know. Grantors and contributors may relay on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you choose your Section 509(a)(1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of the act or failure to act, or the substantial or material change on the part of the organization that resulted in you loss of such status, or if he or she acquired knowledge that the Internal Revenue Service has given notice that you would no longer be classified as a Section 509(a)(1) organization. Donors may deduct contributions to you as provided in Section 170 of the Code. Requests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of Code Sections 2055, 2106, and 2522. Contribution deductions are allowable to donors only to the extent that their contributions are gifts, with no consideration received. Ticket purchases and similar payments in conjunction with fundraising events may not necessarily qualify as deductible contributions, depending on the circumstances. See Revenue Ruling 67-246, published in Cumulative Bulletin 1967-2, on page 104, which sets forth guidelines regarding the deductibility, as charitable contributions, of payments made by taxpayers for admission to or other participation in fund-raising activities for charity. 7/29/2009 REPORTS OF COMMITTEES 67481 In the heading of this letter we have indicated whether you must file Form 990, Return of Organization Exempt From Income Tax. If Yes is indicated, you are required to file Form 990 only if your gross receipts each year are normally more than $25,000. However, if you receive a Form 990 package in the mail, please file the return even if you do not exceed the gross receipts test. If you are not required to file, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $25,000 or less, and sign the return. If a return is required, it must be filed by the 15'^ day of the fifth month after the end of your annual accounting period. A penalty of $10 a day is charged when a return is filed late, unless there is a reasonable cause for the delay. However, the maximum penalty charge cannot exceed $5,000 or five percent of your gross receipt for the year, whichever is less. This penalty may also be charged if a return is not complete, so please be sure your return is complete before you file it. You are not required to file Federal Income tax returns, unless you are subject to the tax on unrelated business Income under Section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990-T, exempt Organization Business Income Tax Return. In this letter we are most determining whether any of your present or proposed activities are unrelated trade or business as defined in Section 513 of the Code. Your need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, a number will be assigned to you and you will be advised of it. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service. If we have indicated in the heading of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. Because this letter could help resolve any question about your exempt status and foundation status, you should keep it in your permanent record. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincerely yours, (Signed) Marilyn W. Day District Director This letter supersedes our letter of January 27, 1995, in that it states your organization is not required to file a Form 990. 67482 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Chapel At Mezzanine Level - Zone 11 Chicago Midway International Airport. 7/29/2009 REPORTS OF COMMITTEES 67483 COMMITTEE ON THE BUDGET AND GOVERNMENT OPERATIONS. APPOINTMENT OF THOMAS G. BYRNE AS COMMISSIONER OF STREETS AND SANITATION. [A2009-39] The Committee on the Budget and Government Operations submitted the following report: CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on the Budget and Government Operations, having had under consideration a communication and report concerning the appointment of Thomas G. Bryne as Commissioner of Streets and Sanitation, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Approve the appointment. This recommendation was concurred in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) CARRIE M. AUSTIN, Chairman. On motion of Alderman Austin, the committee's recommendation was Concurred In and the said proposed appointment of Thomas G. Bryne as Commissioner of Street and Sanitation was Approved by yeas and nays as follows: Veas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. 67484 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 APPOINTMENT OF MICHAEL J. PICARDI AS COMMISSIONER OF FLEET MANAGEMENT. [A2009-40] The Committee on the Budget and Government Operations submitted the following report: CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on the Budget and Government Operations, having had under consideration a communication and report concerning the appointment of Michael J. Picardi as Commissioner of Fleet Management, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Approve the appointment. This recommendation was concurred in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) CARRIE M. AUSTIN, Chairman. On motion of Alderman Austin, the committee's recommendation was Concurred In and the said proposed appointment of Michael J. Picardi as Commissioner of Fleet Management was Approved by yeas and nays as follows: Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Munoz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. AMENDMENT OF CHAPTER 2-92 OF MUNICIPAL CODE GOVERNING MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISE CONSTRUCTION PROGRAM. [SO2009-4204] The Committee on the Budget and Government Operations submitted the following report: 7/29/2009 REPORTS OF COMMITTEES 67485 CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on the Budget and Government Operations, having had under consideration an ordinance authorizing an amendment to Chapter 2-92 of the Municipal Code of Chicago necessary to provide for the continuation of the minority- and women-owned (M.B.E./W.B.E.) firms' construction program, and having been presented with a proposed substitute ordinance by the Department of Law, and having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the substitute ordinance transmitted herewith. This recommendation was concurred in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) CARRIE M. AUSTIN, Chairman. On motion of Alderman Austin, the said proposed substitute ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Muiioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed: WHEREAS, On May 26, 2004, the City Council of the City of Chicago passed an amendment to Chapter 2-92 of the Municipal Code (the "M.B.E./W.B.E. Construction Program Ordinance", or "Ordinance") to address discrimination in the Chicago construction marketplace; and WHEREAS, The M.B.E.AA/.B.E. Construction Program Ordinance added new Section 2-92-650 through 2-92-780 to Chapter 2-92 of the Municipal Code; and 67486 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 WHEREAS, Section 2-92-780 of the M.B.E./W.B.E. Construction Program Ordinance provides in pertinent part that the Ordinance "shall expire on December 31, 2009, unless the city finds that its remedial purposes have not been fully achieved and there is a compelling interest in continuing narrowly tailored remedies to redress discrimination against M.B.E.s or W.B.E.s so that the city will not function as a passive participant in a discriminatory marketplace"; and WHEREAS, In order to determine whether it is appropriate to allow the Ordinance to expire or instead to continue the narrowly tailored remedies contained therein, a comprehensive review of the relevant data is warranted; and WHEREAS, The City of Chicago has retained the noted econometrician. Dr. David G. Blanchflower, Bruce V. Rauner, Professor of Economics, Dartmouth College, and former member of the Monetary Policy Committee of the Bank of England, to carry out such a comprehensive review; and WHEREAS, The City of Chicago has also engaged social science experts Dr. Ana Aparicio of Northwestern University, Dr. Cedric Herring of the University of Illinois-Chicago, and Dr. Yvonne Lau of DePaul University to assist Dr. Blanchflower by gathering and analyzing anecdotal evidence of discrimination against minorities and women in the Chicago construction industry; and WHEREAS, Dr. Blanchflower has concluded his review and has provided a detailed report of his conclusions to the City, including the reports of Drs. Aparicio, Herring and Lau, together with recommendations based on his findings (the "Final Report"); and WHEREAS, It is advisable and appropriate to incorporate the conclusions and recommendations of the Final Report into law; and WHEREAS, At the time the M.B.E./W.B.E. Construction Ordinance passed, it was designated as Article V of Chapter 2-92, but in light of the existence at that time of an Article V covering miscellaneous provisions, it is necessary and appropriate to re-designate the M.B.E./W.B.E. Construction Program Ordinance as Article VI; now, therefore. Be It Ordained by the City Council of the City of Chicago: SECTION 1. Sections 2-92-660, 2-92-670 and 2-92-780 of the Municipal Code of Chicago are hereby amended by inserting the underscored language and deleting the struck-through language, as follows; 2-92-660 Findings Of Discrimination. (Omitted text is unaffected by this ordinance.) 7/29/2009 REPORTS OF COMMITTEES 67487 (I) there is ample availability of ready, willing and able minority- and women-owned firms to participate in city and private sector construction contracting and subcontracting opportunities; (m) minority; and women-owned firms receive little or no work on private sector construction projects, despite their capacity, desire and efforts to participate on such projects; (n) minority- and women workers' participation in the relevant construction marketplace declined from 1980 to 1990; (Omitted text is unaffected by this ordinance.) (t) evidence at the B.A.G.C. Trial demonstrated that flexible race- and gender-conscious remedial measures do not overiy burden construction firms owned by majority males; €tnd (u) the remedies adopted herein will be periodically reviewed to ensure that the city continues to have a compelling interest in remedying discrimination in the Chicago construction market and that the measures remain narrowly tailored to accomplish that objective?; and (v) following a comprehensive review of the relevant data conducted in 2009, the city has determined to extend this article to December of 2015 and make other changes to this article. 2-92-670 Definitions. As used in this article, the following terms shall have the following meanings: (Omitted text is unaffected by this ordinance.) (n) "Minority" means: (i) Any individual in the following racial or ethnic groups, members of which are rebuttably presumed to be socially disadvantaged: (A) African-Americans or Blacks, which includes persons having origins in any of the Black racial groups of Africa; (B) Hispanics, which includes persons of Spanish culture with origins in Mexico, South or Central America or the Caribbean Islands, regardless of race; 67488 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (C) Asian-Americans, which includes fpersons whose origins are in any of the original peoples of the Far East, Southeast Asia, the islands of the Pacific or the Northern Marianas, or the Indian Subcontinent); and (D) American Indians, which includes persons having origins in any of the original peoples of North and South America (including Central America) and who maintain tribal affiliation or community attachment: and (ii) Individual members of other groups, including but not limited to Arab-Americans and Native-Americans, found by the city to be socially disadvantaged by having suffered racial or ethnic prejudice or cultural bias within American society, without regard to individual qualities, resulting in decreased opportunities to compete in Chicago area markets or to do business with the city. (Omitted text is unaffected by this ordinance.) 2-92-780 Review And Sunset. This article shall be reviewed no later than five years from its effective date subject to an interim review by the chief procurement officer to be concluded by December of 2012. and shall expire on December 31, 2009 2015, unless the city finds that its remedial purposes have not been fully achieved and there is a compelling interest in continuing narrowly tailored remedies to redress discrimination against M.B.E.s orW.C.D.s W.B.E.sso that the city will not function as a passive participant in a discriminatory marketplace. SECTION 2. The M.B.E./W.B.E. Construction Program Ordinance, consisting of Section 2-92-650 through 2-92-780, inclusive, of Chapter 2-92 of the Municipal Code, as amended, is hereby designated as Article VI of Chapter 2-92, so as not to conflict numerically with Article V, "Miscellaneous", of Chapter 2-92. SECTION 3. This ordinance shall be in force and effect upon passage and approval. SUPPLEMENTAL APPROPRIATION AND AMENDMENT OF YEAR 2009 ANNUAL APPROPRIATION ORDINANCE WITHIN FUND 925. [SO2009-4223] The Committee on the Budget and Government Operation submitted the following report: 7/29/2009 REPORTS OF COMMITTEES 67489 CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on the Budget and Government Operations, having had under consideration an ordinance authorizing a supplemental appropriation and an amendment to the year 2009 Annual Appropriation Ordinance necessary to reflect an increase in the amount of funds received from federal, state public and/or private agencies, and having been presented with a proposed substitute ordinance by the Office of Budget and Management, and having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the substitute ordinance transmitted herewith. This recommendation was concurred in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) CARRIE M. AUSTIN, Chairman. On motion of Alderman Austin, the said proposed substitute ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Muiioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed: WHEREAS, The Annual Appropriation Ordinance for the year 2009 of the City of Chicago (the "City") contains estimates of revenues receivable as grants from agencies of the state and federal governments and public and private agencies; and WHEREAS, In accordance with Section 8 of the Annual Appropriation Ordinance, the heads of various departments and agencies of the City have applied to agencies of the state and federal governments and public and private agencies for grants to the City for various purposes; and 67490 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 WHEREAS, The City through Department of Public Health ("Health") has been awarded additional federal grant funds in the amount of Fifteen Thousand Dollars ($15,000) by the United States Department of Health and Human Services ("H.H.S.") which shall be used for the Adult Viral Hepatitis Coordinator program; and WHEREAS, The City through Health has been awarded additional federal grant funds in the amount of Three Hundred Thirty-eight Thousand Dollars ($338,000) by H.H.S. which shall be used for the AIDS Surveillance and Seroprevalence program; and WHEREAS, The City through Health has been awarded additional federal grant funds in the amount of Ninety-four Thousand Dollars ($94,000) by the United States Department of Housing and Urban Development which shall be used for the Housing Opportunities for People with AIDS program; and WHEREAS, The City through Health has been awarded additional federal grant funds in the amount of Ninety-five Thousand Dollars ($95,000) by H.H.S. which shall be used for the Minority Substance Abuse, HIV and Hepatitis Strategic Prevention program ; and WHEREAS, The City through Health has been awarded additional federal grant funds in the amount of Forty-eight Thousand Dollars ($48,000) by H.H.S. which shall be used for the Morbidity and Risk Behavior Surveillance program; and WHEREAS, The City through Health has been awarded federal grant funds in the amount of Eight Hundred Forty Thousand Dollars ($840,000) by H.H.S. which shall be used for the Pandemic Influenza Healthcare Preparedness program; and WHEREAS, The City through Health has been awarded federal grant funds in the amount of Two Million Four Hundred Twenty-four Thousand Dollars ($2,424,000) by H.H.S. which shall be used for the Public Health Emergency Response program; and WHEREAS, The City through Health has been awarded additional federal grant funds in the amount of Fifteen Thousand Dollars ($15,000) by H.H.S. which shall be used for the REACH 2010 Racial/Ethnic Approaches to Community Health program; now, therefore, Be It Ordained by the City Council of the City of Chicago: SECTION 1. The sum of Three Million Eight Hundred Sixty-nine Thousand Dollars ($3,869,000), not previously appropriated, representing increased grant awards, has become available for appropriation for the year 2009. SECTION 2. The sum of Three Million Eight Hundred Sixty-nine Thousand Dollars ($3,869,000), not previously appropriated, is hereby appropriated from Fund 925 - Grant Funds for the year 2009. The Annual Appropriation Ordinance, as amended, is hereby further amended by striking the words and figures and adding the words and figures indicated in the attached Exhibit A which is hereby made a part hereof. 7/29/2009 REPORTS OF COMMITTEES 67491 SECTION 3. To the extent that any ordinance, resolution, rule, order or provision of the Municipal Code of Chicago, or part thereof, is in conflict with the provisions of this ordinance, the provisions of this ordinance shall control. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this ordinance. SECTION 4. This ordinance shall be in full force and effect upon its passage and approval. Exhibit "A" referred to in this ordinance reads as follows: Exhibit "A". Amendment To The 2009 Appropriation Ordinance. Strike Add Code Department And Item Amount Amount Estimate of Grant Revenue for 2009 Awards from Agencies of the Federal Government $1,653,012,764 $1,656,881,764 925 - Grant Funds 41 Department Of Public Health: Adult Viral Hepatitis Coordinator (A.V.D.H.) $ 110,000 $ 125,000 AIDS Surveillance and Seroprevalence 1,040,000 1,378,000 Housing Opportunities for People with AIDS 5,900,000 5,994,000 Minority Substance Abuse, HIV and Hepatitis Strategic Prevention 255,000 350,000 Morbidity and Risk Behavior Surveillance 440,000 488,000 67492 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Strike Add Code Department And Item Amount Amount Pandemic Influenza Healthcare Preparedness $ 840,000 Public Health Emergency Response 2,424,000 REACH 2010 Racial/Ethnic Approaches to Community Health $ 420,000 435,000 SECOND INTERGOVERNMENTAL AGREEMENT WITH CHICAGO HOUSING AUTHORITY FOR PROVISION OF HEARING OFFICERS AND RELATED SERVICES TO ADJUDICATE GRIEVANCES. [02009-4224] The Committee on the Budget and Government Operations submitted the following report: CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on the Budget and Government Operations, having had under consideration an ordinance authorizing the execution of an intergovernmental agreement between the Department of Administrative Hearings and the Chicago Housing Authority (C.H.A.) necessary for the renewal of the adjudication process for resident grievances, and having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the ordinance transmitted herewith. This recommendation was concurred in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) CARRIE M. AUSTIN, Chairman. 7/29/2009 REPORTS OF COMMITTEES 67493 On motion of Alderman Austin, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Muiioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed: WHEREAS, The City of Chicago (the "City") is a home rule municipality as described in Section6(a), Article VII of the 1970 Constitution of the State of Illinois and may exercise any power related to its local governmental affairs; and WHEREAS, The Chicago Housing Authority, a municipal corporation ("C.H.A."), is engaged in the development and operation of safe, decent and sanitary housing throughout the City of Chicago for low-income families and low-income senior citizens, and seeks to provide its residents with a fair and efficient grievance procedure to resolve disputes between C.H.A. tenants and the C.H.A. and/or its property management companies; and WHEREAS, The City Council of the City ("City Council"), by ordinance adopted March 31, 2004 and published in the Journal of the Proceedings of the City Council of the City of Chicago for such date at pages 20968 ~ 20981, amended the powers and duties of the Director of the Department of Administrative Hearings, as set forth in Title 2, Chapter 14, Section 030 of the Municipal Code of Chicago, to include the power and duty to establish a system for hearing grievances brought by C.H.A. tenants against the C.H.A. and/or its property managers; and WHEREAS, In 2004, the City, by and through its Department of Administrative Hearings, and pursuant to said ordinance entered into an intergovernmental agreement with the C.H.A. to provide hearing officers and related services in order to hear and adjudicate grievances brought by C.H.A. tenants pursuant to the C.H.A. grievance procedure; and WHEREAS, The term of said intergovernmental agreement was for the period from April 1, 2004 through March 31, 2005 with the option to extend the agreement for one year intervals through March 31, 2009; and WHEREAS, Both the C.H.A. and the City desire that C.H.A. tenant grievances continue to be heard and adjudicated by the Department of Administrative Hearings, and, in furtherance of these goals, the City and the C.H.A. desire to enter into an intergovernmental agreement for a period of three years ("Second IGA") with an option to extend said Second IGA for one additional two year term; and 67494 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 WHEREAS, The parties propose to enter into the Second IGA under the provisions of the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq.; and WHEREAS, On March 17, 2009, the Board of Commissioners of the C.H.A. enacted a resolution authorizing the C.H.A. to enter into the Second IGA; now, therefore. Be It Ordained by the City Council of the City of Chicago: SECTION 1. The above recitals are incorporated by reference as if fully set forth herein. SECTION 2. Subject to the approval of the Corporation Counsel as to form and legality, the Director of the Department of Administrative Hearings ("Director") or his or her delegate is hereby authorized to execute and deliver the Second IGA with the C.H.A. in substantially the form attached hereto as Exhibit A, with such changes as the Director may approve, provided that such changes do not amend any essential terms of the Second IGA (execution of the Second IGA by the Director or his or her delegate constituting conclusive evidence of such approval), and to enter into and execute all such other agreements and instruments and to perform any and all acts as shall be necessary or advisable in connection with the implementation of the Second IGA. SECTION 3. To the extent that any current ordinance, resolution, rule, order or provision of the Municipal Code of Chicago, or part thereof, is in conflict with the provisions of this ordinance, the provisions of this ordinance shall control. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this ordinance. SECTION 4. This ordinance shall be in full force and effect from and after the date of its passage and approval. Exhibit "A" referred to in this ordinance reads as follows: Exhibit "A". Second Intergovernmental Agreement Between The City Of Chicago, Acting Through Its Department Of Administrative Hearings And The Chicago Housing Authority. This Second Intergovernmental Agreement ("Agreement") is made and entered into as of the first day of , 2009 (the "Effective Date") by and between the City of Chicago, an Illinois municipal corporation and home rule unit of government under Article VII, 7/29/2009 REPORTS OF COMMITTEES 67495 Section 6(a) of the 1970 Constitution of the State of Illinois, acting through its Department of Administrative Hearings (hereinafter referred to as the "City"), and the Chicago Housing Authority, an Illinois municipal corporation organized and existing pursuant to 310 ILCS 10/1, et seq. of the Illinois Compiled Statutes (hereinafter referred to as "C.H.A."). Recitals. Whereas, The C.H.A. is engaged in the development and operation of safe, decent, and sanitary housing throughout the City of Chicago for low-income families in accordance with the United States Housing Act of 1937, 42 U.S.C 1437, et seq. regulations promulgated by the United States Department of Housing and Urban Development ("H.U.D.") and the Housing Authorities Act, 310 ILCS 10/1, etseq., as amended from time to time, and all other applicable laws, regulations and ordinances; and Whereas, The C.H.A. desires to continue to utilize the City's administrative hearing process and hearing officers to hear and rule upon grievances brought by C.H.A. residents living in C.H.A. federally subsidized housing, brought by C.H.A. residents temporarily relocating to a Section 8 unit as described in the C.H.A. Leaseholder Housing Choice and Relocation Rights Contract ("C.H.A.R.R.C"), Section 11b(2), and in certain situations, brought by C.H.A. residents at Mixed Finance Properties (collectively, the "Residents") which affect the residents rights, duties, welfare or status with their lease in accordance with the C.H.A.'s Resident Grievance Procedure attached hereto as (Sub)Exhibit I and incorporated by reference as if fully set forth herein; and Whereas, The City has a formal administrative hearing process and maintains a group of private independent hearing officers to adjudicate claims in accordance with the administrative hearing process set forth in Chapter 2-14 of the Chicago Municipal Code; and Whereas, The H.U.D. Procurement Manual, (7460.8), Section 4-42(c) provides that if the services required by a housing authority are to be provided by a state or local government and are part of the normal duties and responsibilities of the government's staff, it is permissible for the housing authority to share the services and cost of the staff under an intergovernmental agreement; and Whereas, The City has represented that it is ready, willing and able to provide hearing officers to adjudicate grievances brought by Residents in accordance with the C.H.A.'s Residents' Grievance Procedure; and Whereas, The C.H.A. and the City desire to enter into this Agreement to provide greater efficiency and independence in the provision of administrative hearings for the Residents; and Whereas, The C.H.A. and the City have authority to enter into this intergovernmental agreement pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq.; 67496 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Now, Therefore, In consideration of the recitals set forth above, and the mutual covenants, terms, conditions, privileges and obligations herein set forth hereunder, and intending to be legally bound thereby, City and the C.H.A. mutually agree as follows: 1. Incorporation Of Recitals. The recitals set forth above are incorporated by reference as if fully set forth herein. 2. Provision Of Services. The City's Department of Administrative Hearing shall provide administrative hearing officers to adjudicate C.H.A. grievances in accordance with the C.H.A.'s Resident Grievance Procedure attached hereto as (Sub)Exhibit I, and as periodically amended by the C.H.A., and as set forth in Statement of Work set forth immediately below, collectively ("the Services"): 3. Statement Of Work. A. City's Duties And Responsibilities: i. Administrative Hearing Officers: The C.H.A. and its Central Advisory Council shall jointly agree upon a number of Hearing Officers under contract with the City's Department of Administrative Hearings ("Department") to adjudicate C.H.A. grievances. For each grievance hearing request sent by the C.H.A.'s Office of the General Counsel, the Department will assign one of the approved Hearing Officers to adjudicate the grievance. Grievance hearings shall be conducted in accordance with the C.H.A. Resident's Grievance Procedure, and Chapter2-14 of the Chicago Municipal Code and the Department's Procedural Rules and Regulations, to the extent such rules and regulations are applicable and not inconsistent with the C.H.A. Resident's Grievance Procedure. ii. Use of Facilities: The Department will conduct grievance hearings at its facilities at 400 West Superior Street, 2006 East 95"" Street, and an additional site, if necessary. Determination of a third site shall be by mutual agreement of the parties. iii. Scheduling the Hearing Date; The Department shall schedule the initial hearing to be held within thirty (30) calendar days of the Department's receipt of the Grievance Petition and the Formal Hearing Request Form - GP4, which will be fonwarded from the C.H.A.'s Office of the General Counsel. The General Counsel shall also forward the Resident's Grievance Hearing Proceedings Form - GP3, which includes the written decision of the Resident's informal hearing to the Department. 7/29/2009 REPORTS OF COMMITTEES 67497 iv. Sending the Hearing Notice to All Parties: The Department shall send a written notification to the Resident at his/her address, to the C.H.A., in care of the Office of the General Counsel, and directly to the relevant property management firm. The written notification shall include the date, time, and location of the hearing, as well as the consequences of failing to appear at the hearing. This notice shall be sent via first class mail or by personal service no later than seven (7) calendar days before the formal hearing date. V. Conducting the Hearing: Hearings shall be conducted by the Hearing Officers at the Department's facilities, listed above, in accordance with the C.H.A.'s Resident's Grievance Procedure, attached hereto as (Sub)Exhibit I, which may be periodically amended bythe C.H.A., and in accordance with Chapter 2-14 of the Municipal Code and the Department's Procedural Rules and Regulations, to the extent the latter are not inconsistent with the C.H.A. procedure. vi. Taking and Maintaining a Record of Proceedings: The Department shall be responsible for making a record of the hearing in accordance with the Department's Procedural Rules and Regulations. Copies of public records and public case files, including audio tapes, may be requested through the Freedom of Information Act. Written hearing transcripts of the audio tapes shall be arranged and paid for by the requesting party. This record shall include documents submitted by the parties, as well as a copy of the Hearing Officer's findings and written decision. The Department shall retain the record for at least six (6) months from the date of the hearing. vii. Providing Reasonable Accommodations: When necessary, the Department shall provide reasonable accommodations to persons with disabilities. This may include holding hearings in an accessible location, providing all materials and notices in an accessible format and, if necessary, providing qualified sign language interpreters, readers, or attendants. The cost of any reasonable accommodation, other than provision of an accessible location, shall be borne by the C.H.A. viii. Completing and Delivering a Written Decision; The Hearing Officer shall prepare a written decision for the hearing. The hearing result shall be sent via first class mail or by personal service to the grievant, or his or her representative, the C.H.A., and the property management firm within five (5) business days of the hearing, unless the hearing officer determines that additional time is necessary due to the complexity of the case. If more time is required for the formal decision, the Hearing Officer shall notify the parties of the revised timeline within five (5) business days of the hearing. ix. Grievant's Failure to Appear; If a Hearing Officer finds a grievant in default, the Department shall serve a copy of the order of default upon the grievant by first class mail or by personal service. The resident shall have twenty-one (21) days from the date of the default is entered to petition the Hearing Officer to set aside the order of default upon a showing of good cause for the grievant's failure to appear. 67498 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 X. Reporting: The Department will report the number of grievance hearings requested, scheduled and held on a quarteriy basis to the C.H.A.'s Office of the General Counsel. xi. The City shall at all times use its best efforts to assure quality, timeliness and efficiency in rendering and completing the Services. 4. C.H.A.'s Duties And Responsibilities; A. Training; The C.H.A. will train the Department's Hearing Officers on the C.H.A.'s Resident Grievance Procedure and as required for any amendments thereto. It shall be the duty of the C.H.A. to inform the Department of any amendments to the Resident Grievance Procedure. The C.H.A. shall conduct, at the C.H.A.'s sole expense, a formal training program that shall include initial and periodic training for Hearing Officers. Training shall be conducted at times and places to be mutually agreed upon by the City and the C.H.A.. Prior to conducting any initial or periodic training, the C.H.A. agrees to submit to the Department, for the Director's review and approval, a list of all training personnel/speakers, and copies of all training curricula and written training documents. Training shall include, among other matters, instruction on the C.H.A.'s Resident's Grievance Procedure, orientation to each subject area that Hearing Officers will adjudicate, and participation in hypothetical grievance hearings. Subject to the Director's review and approval, the C.H.A. agrees to provide (and to seasonably update) the Department and each Hearing Officer with a "bench book" containing, among other matters, a description of the C.H.A.'s organization, common grievance issues, and copies of standard lease and relocation documents, and copies of relevant C.H.A./H.U.D. regulations, policies and procedures. The C.H.A. further agrees to assist the Department on a case-by-case basis to answer, among other matters, questions concerning the C.H.A./H.U.D. regulations, policies and procedures. B. Notice; The C.H.A. will promptly provide notice of requested hearings to the Department. C. Payment; The C.H.A. will make payments to the City based upon invoices submitted to the C.H.A. pursuant to this Agreement. 5. Term Of Agreement/Extension Option. This Agreement shall commence on the Effective Date and shall continue through on March 31, 2012. Upon mutual agreement of the C.H.A. and the City, the Agreement may be extended for one (1) additional two (2) year term, thereafter under the same terms and conditions as this original Agreement. 7/29/2009 REPORTS OF COMMITTEES 67499 6. Compensation And Payment. A. Compensation. The total amount of compensation payable under this Agreement for Services provided by the City, shall be an amount not to exceed Seventy-five Thousand Dollars ($75,000) (the "Maximum Amount"). All reimbursables for performance of the Services under this Agreement are included in the amount of compensation set forth in this paragraph. The Services shall be suspended when funds appropriated for payment under this Agreement have been exhausted. B. Basis Of Compensation. The C.H.A. shall compensate the City as follows: i. Case Initiation Fee. The C.H.A. shall pay the City a case initiation fee of Seventy-five Dollars ($75.00) for each Formal Hearing Request received by the City. The case initiation fee shall include and compensate the City for; a. File preparation and docketing. b. Data entry. c. Processing discovery and freedom of information requests for files, tapes and other documents. d. Costs associated with recording hearings and maintaining the record. e. Messenger costs. f. Processing Motions to Set Aside. g. Scheduling hearings; notice costs including postage; processing and mailing default orders. h. Processing hearing officer payments, along with special billing requirements pursuant to the Agreement. i. Costs of preparing form orders, notices, default instructions and other documents. Hearing Officer Fees. The C.H.A. shall reimburse and compensate the City at the prevailing rate for all time expended by Hearing Officers to adjudicate C.H.A. grievances including, but not limited to, attending initial and periodic C.H.A. training, preparing for hearings, conducting hearings, motion hearings, and rendering written decisions. 67500 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Other Out-Of-Pocket Expenses. In addition to and not in limitation of the other provisions of the Agreement, the C.H.A. agrees to pay the City's out-of-pocket expenses incurred in connection with the City's provision of Services under the Agreement. Out-of-pocket expenses that are not nominal must be pre-approved by the C.H.A.. Nominal expenses need not be pre-approved. C. Invoices And Payment. Invoices. The City shall submit invoices to the C.H.A.'s Office of the General Counsel on a quarteriy basis. Payments. The C.H.A. agrees to promptly pay, but not later than forty-five (45) days, all proper and reasonable invoices submitted by the City for Services rendered under this Agreement. Payments shall be made directly to the City of Chicago, Department of Finance, and shall provide a written confirmation of each C.H.A. payment to the Comptroller. 7. Non-Appropriation. Funding for this Agreement is subject to 1) availability of Federal funds from H.U.D., 2) the approval of funding by C.H.A.'s Board of Commissioners. In the event that no funds or insufficient funds are appropriated and budgeted in any fiscal period of the C.H.A. for payments to be made under this Agreement, then the C.H.A. shall promptly notify the City of such occurrence and the Services shall be suspended on the eariier of the last day of the fiscal period for which sufficient appropriation was made or when the funds appropriated for payment under this Agreement are exhausted. No payments shall be made or due to the City under this Agreement beyond those amounts appropriated and budgeted by the C.H.A. to fund payments hereunder. 8. Indemnification. The City agrees, except to the extent liability of a municipal corporation, as such, is precluded by the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101, etseq. or the Common Lawof the State of Illinois, to defend, indemnify and hold the C.H.A., its officers, agents and employees completely harmless from and against any and all suits, claims, grievances, damages, costs, expenses, judgments and/or liabilities, including costs of defense and reasonable attorneys' fees arising out of or relating to any and all claims, liens, demands, obligations, actions, suits, judgments or settlements, proceedings or causes of action of every kind, nature and Character (collectively "Claims") arising from the City's control, operation, use and maintenance of the facilities described in subsection S.A.ii "Use of Facilities", in connection with the Services, except to the extent caused bythe negligence, acts or omissions of the C.H.A., its agents or employees. Upon notice from the C.H.A. of any claim, and consistent with the exceptions noted above, the 7/29/2009 REPORTS OF COMMITTEES 67501 City shall timely appear and defend all suits and claims and shall pay all costs and expenses incidental thereto, but the C.H.A. shall have the right at its option and at its own expense, to participate in the defense of any suit, without relieving the City of any of its obligations hereunder. The C.H.A. agrees to defend, indemnify and hold harmless the City, its officers, agents and employees against any Claims challenging the constitutionality or adequacy of the C.H.A.'s Resident Grievance Procedure or involving any Claims arising from appeals of Hearing Officer adjudications pursuant to the Illinois Administrative Review Act. Upon notice from the City of any Claim consistent with the above, the C.H.A. shall timely appear and defend all suits and claims and shall pay all costs and expenses incidental thereto, but the City shall have the right at its option and at its own expense to participate in the defense of any suit, without relieving the C.H.A. of any of its obligations hereunder. 9. Record-Keeping Requirements. The City shall maintain all books records and documents necessary to its performance of this Agreement and shall adopt a system of accounting in accordance with generally accepted accounting principles and practice to properiy reflect all cost of whatever nature claimed to have been incurred or anticipated to be incurred in connection with the City's performance underthis Agreement. In addition, the City shall keep such books, records and documents in a safe place and make them available for examination by the C.H.A. or a third party designated by the C.H.A., upon reasonable notice to the City of such an examination for a period of three (3) years after the expiration of the Agreement. 10. Termination. Either party may terminate this Agreement upon providing thirty (30) days written notice to the other party in accordance with the provisions of paragraph Number 20 below. 11. Default. The following shall constitute an event of default ("Event of Default") hereunder; A. the violation or breach by the C.H.A. of any law, statute, rule or regulation of a governmental or administrative entity relating to its performance under this Agreement, or the violation or breach by the City of any law, statute, rule or regulation of a governmental or administrative entity relative to its performance under this Agreement; B. the transfer or assignment by C.H.A. of its rights and obligations hereunder without the prior written consent of the City, or the transfer or assignment by the City of its rights and obligations hereunder without the prior written consent of C.H.A.; 67502 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 C. any misrepresentation by the C.H.A. of any material fact, or any misrepresentation by the City of any material fact; D. a material breach by the City or the C.H.A. of any other provision of this Agreement including, but not limited to, a failure to perform services according to the time requirements and conditions set forth herein, a failure to meet any deadline for the submission of reports, proposals and other documents required by any provision of this Agreement and the continuance of this failure for sixty (60) days after notice; or E. there is a cessation or deterioration of Services for a period that, in the reasonable judgment of the C.H.A., materially and adversely affects the operation of the public services required to be performed by the City and such cessation or deterioration of services is not cured within fifteen (15) days after the C.H.A. gives notice to the City. This Agreement may be terminated by the non-defaulting party, if an Event of Default occurs. If no cure period is stated for any of the items listed under this section, the cure period shall be three (3) days after the defaulting party receives notice from the non- defaulting party. 12. Independent Contractor. The City shall perform under this Agreement as an independent contractor to the C.H.A. and not as a representative, employee, agent or partner of the C.H.A. 13. Amendment. This Agreement may not be altered, amended, changed or modified in any respect without the written consent of both the City and the C.H.A. 14. Assignment. Neither party may assign its right or obligations under this Agreement without the prior written consent of the other party, which consent shall be in the other party's sole discretion. This Agreement shall inure to the benefit of and be binding upon the City, the C.H.A. and the respective successors and permitted assigns. 7/29/2009 REPORTS OF COMMITTEES 67503 15. No Third Party Beneficiary. This Agreement is for sole and exclusive benefit of the C.H.A. and the City and their respective successors and permitted assigns. No other person or entity is an intended third party beneficiary of this Agreement or shall have the right to enforce any of the provisions of this Agreement. Nothing contained in this Agreement may be construed to create or imply any partnership, joint venture or other association between the City and the C.H.A. 16. Headings. The section headings contained herein are for convenience only and are not intended to limit, expand or modify the provisions of such sections. 17. Non-Liability Of Public Officials. No official, employee or elected or appointed representative or the C.H.A. or the City may be held personally liable for any breach of any provision of this Agreement or any damage, loss or injury arising out of the performance of this Agreement. 18. Compliance With All Laws/Governmental Orders. A. The City and the C.H.A. shall at all times observe and comply with all applicable laws, ordinances, rules, regulations and executive orders of the federal, state and local government, now existing or hereinafter in effect, which may in any manner affect the performance of this Agreement including, but not limited to, the Uniform Administrative Requirements contained in 24 C.F.R. Section 85.1, et seq. (1993), as amended; Title VI of the Civil Rights Act of 1967 (42 U.S.C. 2000d, et seq.); Fair Housing Act (42 U.S.C. 3601-20, et seq.); Executive Order 11063, as amended by Executive Order 12259; Age Discrimination Act of 1975 (42 U.S.C. 6101, et seq.); Rehabilitation Act of 1973 (29 U.S.C. 794); Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5); Contract Work Hours and Safety Standards Act (40 U.S.C. 327, et seq); National Environmental Policy Act of 1969 (24 CFR Part 58); Clean Air Act (42 U.S.C. 7401, et seq.); Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.), as amended; Flood Disaster Protection Act of 1973 (42 U.S.C. 4106); Uniform Relocation Assistance and Real Property Development Acquisition Policies Act of 1970 (42 U.S.C. 4601); Executive Order 11246, as amended by Executive Orders 12086 and 11375; Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831 (b)); Executive Order 12372; Copeland "Anti-Kickback" Act (18 U.S.C. §874 and 40 U.S.C. §276); Byrd "Anti-Lobbying" Amendment. (31 U.S.C. §1352); Drug Free Workplace Act of 1968 (41 U.S.C. 701, et seq.); and Debarment and Suspension (Executive Orders 12549 and 12689). 67504 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Additionally, CDHS shall comply with the applicable provisions of OMB Circulars A-133, A-102, A-122, A-110 and A-87, as amended, succeeded or revised. Provision(s) required by law, ordinances, rules, regulations, or executive orders to be inserted shall be deemed inserted whether or not they appear in this Agreement or, upon application by either party, this Agreement shall forthwith be amended to literally make such insertion. However, in no event shall the failure to insert such provisions prevent the enforcement of this Agreement. B. The City and the C.H.A. shall take such actions as may be necessary to comply promptly with any and all governmental orders imposed by any duly constituted government authority whether imposed by federal, state, county or municipal authority. 19. Counterpart Execution. This Agreement may be executed in multiple counterparts, the signature pages of which, taken together, shall constitute an original execution copy. 20. Governing Law/Venue. This Agreement shall be construed in accordance with the laws of the State of Illinois, excluding, however, those relating to choice or conflict of laws. The parties agree that the courts located in Cook County, Illinois shall be the exclusive venue for any action arising out of or brought pursuant to this Agreement. 21. Waiver. Whenever under this Agreement either party, by a proper authority, expressly waives the other party's performance in any respect or expressly waives a requirement or condition to either the C.H.A.'s or the City's performance, the waiver so granted, shall only apply to the particular instance and shall not be deemed a waiver forever or for subsequent instances of the performance, requirement or condition. No such waiver shall be construed as a modification of the Agreement regardless of the number of times either party may have waived the performance, requirement or condition. 22. Notices. All notices and communications concerning this Agreement shall be sent to: 7/29/2009 REPORTS OF COMMITTEES 67505 If To The City: City of Chicago Department of Administrative Hearings 740 North Sedgwick Street, 6*^ Floor. Chicago, Illinois 60610 If To The C.H.A.: Chicago Housing Authority 60 East Van Buren Street, 12'^ Floor Chicago, Illinois 60605 Attention; General Counsel Unless otherwise specified, any notice, demand or request required hereunder shall be given in writing at the addresses set forth above and shall be effective (a) if delivered by personal service, upon delivery, (b) if sent by overnight courier, effective one (1) business day after delivery to such courier, or (c) if sent by registered or certified mail, return receipt requested, effective three (3) business days after the date of mailing. A party's address for notices may be changed by giving written notice in the manner specified in this section. 23. Authority. A. C.H.A. Authority. Execution of this Agreement is authorized by resolution of the C.H.A.'s Board of Commissioners dated March 17, 2009 approving this Agreement and pursuant to the United States Housing Act of 1937, 42 U.S.C. §1437, et seq.; regulations promulgated by H.U.D., and the State Housing Authorities Act, 310 ILCS 10/1, et seq., as amended; and other applicable laws, regulations and ordinances. B. City Authority. Execution of this Agreement by the City is authorized by an ordinance enacted by the City Council of the City of Chicago approving this Agreement on , 2009. In Witness Whereof, The parties have executed this Agreement as of the Effective Date first set forth above. City of Chicago Chicago Housing Authority By; By; Valerie Hawthorne-Berry, Name; Director of Procurement and Contracts Title; 67506 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Approved as to Legality and Form; Chicago Housing Authority, Office of the General Counsel By; Scott W. Ammarell, General Counsel [(Sub)Exhibit "I" referred to in this Second Intergovernmental Agreement with Chicago Housing Authority unavailable at time of printing.] PRESIDENT BARACK OBAMA, ILLINOIS CONGRESSIONAL DELEGATION AND SECRETARY OF UNITED STATES DEPARTMENT OF TRANSPORTATION URGED TO INCREASE PERSONAL NET WORTH LIMITATION AND REMOVE SIZE CAP ON GROSS RECEIPTS FOR DISADVANTAGED BUSINESS ENTERPRISE PROGRAM. [R2009-828] The Committee on the Budget and Government Operations submitted the following report: CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on the Budget and Government Operations, having had under consideration a proposed resolution introduced by Alderman Freddrenna M. LyIe, urging President Barack Obama, the Illinois Congressional Delegation and the United States Department of Transportation Secretary to modify specified aspects of the Federal Disadvantaged Business Enterprise (D.B.E.) Program, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Adopt the proposed resolution transmitted herewith. 7/29/2009 REPORTS OF COMMITTEES 67507 This recommendation was concurred in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) CARRIE M. AUSTIN, Chairman. On motion of Alderman Austin, the said proposed resolution transmitted with the foregoing committee report was Adopted by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Muiioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said resolution as adopted; WHEREAS, Women Construction Owners & Executives (W.C.O.E.), Hispanic American Construction Industry Association (H.A.C.I.A.), Federation of Women Contractors (F.W.C.), Black Contractors United (B.C.U.), Association of Asian Construction Enterprises (A.A.C.E.), Chicago Minority Business Development Center (C.M.B.D.C.) and Women's Business Development Center (W.B.D.C.) all have at the top of their national legislative agenda improvements to the United State Department of Transportation's (U.S. D.O.T.) Disadvantaged Business Enterprise (D.B.E.) program; and WHEREAS, These changes will enable recipients of federal stimulus monies to be prepared with a strong pool of qualified D.B.E. firms to perform the work that is being funded; and WHEREAS, The present D.B.E. program imposes a $750,000 personal net worth limitation on any qualifying owners seeking D.B.E. certification that dates back to 1989; and WHEREAS, This $750,000 personal net worth limitation has never been increased; and WHEREAS, The present D.B.E. program in 49 C.F.R § 26.65 imposes the U.S. Small Business Administration's (S.B.A.) size standards on the gross revenues of any firm seeking D.B.E. certification but also imposes an absolute size cap, currently $20.41 Million, even if the S.B.A. size standard is higher; and 67508 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 WHEREAS, Bonding capacity and ability to secure lines of credit are directly tied to both a D.B.E. owner's personal net worth as well as the D.B.E. firm's gross revenues; and WHEREAS, These artificially low limits on personal net worth and gross revenues are particulariy challenging for D.B.E. firms in Chicago due to a higher cost of living and higher construction costs; and WHEREAS, The City of Chicago and the County of Cook, Illinois have established personal net worth limitations of $2 Million for their Minority and Women Business Enterprise (M./W.B.E.) programs; and WHEREAS, The City of Chicago and the County of Cook, Illinois have established gross revenue caps consistent with S.B.A. gross revenue size standards for construction firms and do not impose any additional size cap; and WHEREAS, The current S.B.A. size standard for construction is $33.5 Million; and WHEREAS, Recipients of federal transportation money must have a D.B.E. program and must develop statistical and anecdotal evidence to show the extent of discrimination against women and minorities in the construction industry; and WHEREAS, The D.B.E. program presently provides no guidelines for the methodology that should be used for these disparity studies; and WHEREAS, The Transportation Research Board of the National Academy of Sciences is in the process of developing a model disparity study methodology; and WHEREAS, Such a model disparity study methodology would greatly benefit recipients of federal transportation money by providing clear guidelines for these disparity studies; now, therefore, Be It Resolved, That we, the Mayor and members of the Chicago City Council, do hereby urge President Barack Obama, the Illinois Congressional delegation and United States Department of Transportation Secretary to take immediate action to increase the personal net worth limitation in the D.B.E. program to $2 Million; and Be It Further Resolved, That we, the Mayor and members of the Chicago City Council, do hereby urge President Barack Obama, the Illinois Congressional delegation and United States Department of Transportation Secretary to take immediate action to remove the size cap on D.B.E. gross receipts and follow the S.B.A. size standards; and Be It Further Resolved, That we, the Mayor and members of the Chicago City Council, do hereby urge President Barack Obama, the Illinois Congressional delegation and United States Department of Transportation Secretary to take immediate action to adopt the Transportation Research Board of the National Academy of Sciences' model disparity study methodology. 7/29/2009 REPORTS OF COMMITTEES 67509 COMMITTEE ON BUILDINGS. AMENDMENT OF SECTIONS 7-28-780 AND 7-28-790 OF MUNICIPAL CODE BY INCREASING FINES AND REDUCING TIME FRAME FOR CORRECTING VIOLATIONS CONCERNING ILL MAINTAINED OPEN LOTS. [O2009-4206*] The Committee on Buildings submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Buildings, having had under consideration an ordinance amending Chapter 7-28 of the Municipal Code (which was referred to the Committee on Buildings on June 30, 2009) and further amended at the Committee on Buildings meeting on July 20, 2009, begs leave to recommend that Your Honorable Body do Pass the attached amended ordinance which is transmitted herewith. This recommendation was concurred in by the members of the Committee on Buildings with no dissenting votes. This ordinance shall be in full force and take effect from and after its passage and publication. Respectfully, (Signed) BERNARD L. STONE, Chairman. On motion of Alderman Stone, the said proposed amended ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows; Veas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Munoz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. 67510 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 The following is said ordinance as passed; Be It Ordained by the City Council of the City of Chicago: SECTION 1. Chapter 7-28 of the Municipal Code of the City of Chicago is hereby amended by striking certain language thereof and adding new language underiined as follows; 7-28-740 Required. It shall be the duty of the owner of any open lot located within the City of Chicago to keep such lot free of garbage, ashes, refuse, trash, rubbish, miscellaneous waste, manure or other substance that may contain disease germs or be scattered by the wind, or decompose, or become filthy, noxious or unhealthful. 7-28-750 Noncombustible Screen Fence Required - Nuisance Declared When. (a) It shall be the duty of the owner of any open lot located within the City of Chicago to cause the lot to be surrounded with a noncombustible screen fence as defined in Section 13-96-130 of this Code. (Language omitted for brevity is unaffected by this ordinance.) The owner of any open lot located within the City of Chicago shall affix at least one sign meeting the requirements of this subsection to any fence required under subsection (a) of this section. (Language omitted for brevity is unaffected by this ordinance.) 7-28-780 Lot In Ill-Maintained Condition - Notice. Upon finding a privately-owned open lot in an ill-maintained condition within the meaning of Section 7-28-740 or without fencing meeting the requirements of subsection (a) of Section 7-28-750, or without signage meeting the requirements of subsection (b) of Section 7-28-750, the Department of Streets and Sanitation shall notify the owner of such lot of said violation of this Code, and said owner shall correct such violation with 3014 days following the date of issuance of such notification. For purposes of this section, the term "owner" shall have the meaning ascribed to the term in Section 13-4-010 of this Code. (Language omitted for brevity is unaffected by this ordinance.) 7/29/2009 REPORTS OF COMMITTEES 67511 7-28-790 Violation - Penalty For This Article. Any person found to be in violation of any of the provisions of Sections 7-28-740 through 7-28-780 inclusive shall be fined not less than $100.00 $250.00 nor more than $500.00 for each violation, and each day such violation continues shall constitute a separate and distinct offense. In addition to any other fine or penalty for violation of this section, any person who violates this section shall be liable to the City for three times the amount of all costs and expenses incurred by the City in abating a nuisance caused by such violation. SECTION 2. This ordinance shall be in full force and effect after its passage and publication. ISSUANCE OF PERMITS FOR SIGNS/SIGNBOARDS. The Committee on Buildings submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Buildings having had under consideration 40 proposed sign orders and ordinances (34 which were referred to the Committee on Buildings on June 30, 2009, and six directly into Committee, respectively) pursuant to Section 14-40-120, "Aldermanic Recommendation", of the Municipal Code of Chicago, begs leave to recommend that Your Honorable Body do Pass the attached orders and ordinances (eight - 1"" Ward, two - 4'' Ward, two - 9"^ Ward, one - 13" Ward, two - 15"^ Ward, three - 21=' Ward, two - 23^' Ward, two - 28'' Ward, two - 31"' Ward, two - 32"^^ Ward, three - 36" Ward, six - 42"^ Ward, three - 45'" Ward and two - 48"" Ward) transmitted herewith. This recommendation was concurred in by the members of the Committee on Buildings, with no dissenting votes. These orders and ordinances shall be in full force and take effect from and after their passage and publication. Respectfully, (Signed) BERNARD L. STONE, Chairman. 67512 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 On motion of Alderman Stone, the said proposed orders and ordinances transmitted with the foregoing committee report were Passed by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Muiioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following are said orders and ordinances as passed (the italic heading in each case not being part of the order or ordinance); 5227 N. Broadway. (Facing North) [Or2009-1589] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Oreilly Auto Parts, 5227 North Broadway, Chicago, Illinois (Application Number 100295727) (facing north); Dimensions: length, 28 feet; height, 6 feet, 3 inches Height Above Grade/Roof to Top of Sign; 21 feet, 3 inches Total Square Foot Area: 175 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 5227 N. Broadway. (Facing West) [Or2009-1590] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Oreilly Auto Parts, 5227 North Broadway, Chicago, Illinois (Application Number 100295728) (facing west); 7/29/2009 REPORTS OF COMMITTEES 67513 Dimensions; length, 28 feet; height, 6 feet, 3 inches Height Above Grade/Roof to Top of Sign: 21 feet, 3 inches Total Square Foot Area; 175 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 4729 N. Central Ave. (143 Sq. Ft) [Or2009-1611] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Sure Light Sign Company, 1225 Bowes Road, Elgin, Illinois 60123, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Jewel, 4729 North Central Avenue, Chicago, Illinois 60630; Dimensions; length, 19 feet, 11 inches; height, 7 feet, 2 inches Height Above Grade/Roof to Top of Sign; 21 feet, 2 inches Total Square Foot Area; 143 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 4729 N. Central Ave. (206 Sq. Ft.) [Or2009-1612] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Sure Light Sign Company, 1225 Bowes Road, Elgin, Illinois 60123, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Jewel, 4729 North Central Avenue, Chicago, Illinois 60630; Dimensions; length, 24 feet; height, 8 feet, 7 inches Height Above Grade/Roof to Top of Sign; 20 feet, 7 inches Total Square Foot Area; 206 square feet. 67514 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 2801 N. Cicero Ave. (Facing South) [Or2009-1591] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Oreilly Auto Parts, 2801 North Cicero Avenue, Chicago, Illinois (Application Number 100294985) (facing south): Dimensions: length, 34 feet, 5 inches; height, 5 feet, 3 inches Height Above Grade/Roof to Top of Sign; 17 feet, 3 inches Total Square Foot Area; 181 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 2801 N. Cicero Ave. (Facing West) [Or2009-1592] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Oreilly Auto Parts, 2801 North Cicero Avenue, Chicago, Illinois (Application Number 100294986) (facing west); Dimensions; length, 34 feet, 5 inches; height, 5 feet, 3 inches Height Above Grade/Roof to Top of Sign; 18 feet, 3 inches Total Square Foot Area; 181 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 7/29/2009 REPORTS OF COMMITTEES 67515 4901 S. Cicero Ave. (Facing North) [Or2009-1594] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Oreilly Auto Parts, 4901 South Cicero Avenue, Chicago, Illinois (Application Number 100294451) (facing north): Dimensions: length, 34 feet, 5 inches; height, 5 feet, 3 inches Height Above Grade/Roof to Top of Sign; 17 feet, 3 inches Total Square Foot Area; 181 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 4907 S. Cicero Ave. (Facing West) [Or2009-1593] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Oreilly Auto Parts, 4901 South Cicero Avenue, Chicago, Illinois (Application Number 100294449) (facing west); Dimensions; length, 34 feet, 5 inches; height, 5 feet, 3 inches Height Above Grade/Roof to Top of Sign; 17 feet, 3 inches Total Square Foot Area; 181 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 2202 - 2204 N. Clybourn Ave. [Or2009-1613] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Outdoor Impact, Inc., 6930 North Kenneth, Lincolnwood, Illinois 60712-4707, for the erection 67516 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at 2202 - 2204 North Clybourn Avenue, Chicago, Illinois; Dimensions; length, 16 feet; height, 18 feet Height Above Grade/Roof to Top of Sign; 40 feet Total Square Foot Area; 288 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 4719 S. Cottage Grove Ave. (Facing North) [Or2009-1595] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Oreilly Auto Parts, 4719 South Cottage Grove Avenue, Chicago, Illinois (Application Number 100295028) (facing north); Dimensions: length, 34 feet, 5 inches; height, 5 feet, 3 inches Height Above Grade/Roof to Top of Sign; 20 feet, 3 inches Total Square Foot Area; 181 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 4719 S. Cottage Grove Ave. (Facing West) [Or2009-1596] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Oreilly Auto Parts, 4719 South Cottage Grove Avenue, Chicago, Illinois (Application Number 100295030) (facing west): 7/29/2009 REPORTS OF COMMITTEES 67517 Dimensions; length, 34 feet, 5 inches; height, 5 feet, 3 inches Height Above Grade/Roof to Top of Sign; 20 feet, 3 inches Total Square Foot Area: 181 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 2627 N. Elston Ave. (201 Sq. Ft.) [Or2009-1614] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Landmark Sign Group, 7424 Industrial Avenue, Chesterton, Indiana 46304, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at 2627 North Elston Avenue (Strack & Van Til - rear): Dimensions: length, 25 feet, 1 inch; height, 8 feet Height Above Grade/Roof to Top of Sign; 33 feet Total Square Foot Area; 201 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 2627 N. Elston Ave. (285 Sq. Ft.) [Or2009-1626] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Landmark Sign Group, 7424 Industrial Avenue, Chesterton, Indiana 46304, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at 2627 North Elston Avenue (Strack & Van Til - front); Dimensions; length, 51 feet, 1 inch; height, 5 feet, 7 inches Height Above Grade/Roof to Top of Sign; 29 feet, 7 inches Total Square Foot Area; 285 square feet. 67518 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 2627 N. Elston Ave. (313 Sq. Ft.) [Or2009-1615] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Landmark Sign Group, 7424 Industrial Avenue, Chesterton, Indiana 46304, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at 2627 North Elston Avenue (Strack & Van Til - front (2)); Dimensions; length, 31 feet, 4 inches; height, 10 feet Height Above Grade/Roof to Top of Sign: 35 feet Total Square Foot Area; 313 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 701OW. Grand Ave. (140 Sq. Ft.) [Or2009-1597] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Oreilly Auto Parts, 7010 West Grand Avenue, Chicago, Illinois (Application Number 100294982) (facing east/west); Dimensions; length, 19 feet, 5 inches; height, 7 feet, 1 inch Height Above Grade/Roof to Top of Sign; 20 feet, 1 inch Total Square Foot Area; 140 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 7/29/2009 REPORTS OF COMMITTEES 67519 7010 W. Grand Ave. (181 Sq. Ft./Facing South) [Or2009-1598] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Oreilly Auto Parts, 7010 West Grand Avenue, Chicago, Illinois (Application Number 100294979) (facing south); Dimensions: length, 34 feet, 5 inches; height, 5 feet, 3 inches Height Above Grade/Roof to Top of Sign: 19 feet, 3 inches Total Square Foot Area: 181 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 701 OW. Grand Ave. (181 Sq. Ft./Facing East) [Or2009-1599] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Oreilly Auto Parts, 7010 West Grand Avenue, Chicago, Illinois (Application Number 100294980) (facing east); Dimensions; length, 34 feet, 5 inches; height, 5 feet, 3 inches Height Above Grade/Roof to Top of Sign: 17 feet, 3 inches Total Square Foot Area; 181 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 19 W. Hubbard St. [Or2009-1616] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to d/b/a Delta Pi Media, 77 West Washington Street, Suite 1500A, Chicago, Illinois 60602, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at 19 West Hubbard Street, Chicago, Illinois 60654; 67520 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Dimensions; length, 15 feet; height, 30 feet Height Above Grade/Roof to Top of Sign: 40 feet Total Square Foot Area; 450 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 8640 S. Lafayette Ave. (Facing North) [Or2009-1600] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Oreilly Auto Parts, 8640 South Lafayette Avenue, Chicago, Illinois (Application Number 100293952) (facing north); Dimensions: length, 34 feet, 5 inches; height, 5 feet, 3 inches Height Above Grade/Roof to Top of Sign; 15 feet, 3 inches Total Square Foot Area; 181 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 8640 S. Lafayette Ave. (Facing East) [Or2009-1601] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Oreilly Auto Parts, 8640 South Lafayette Avenue, Chicago, Illinois (Application Number 100293956) (facing east); Dimensions; length, 34 feet, 5 inches; height, 5 feet, 3 inches Height Above Grade/Roof to Top of Sign; 15 feet, 3 inches Total Square Foot Area; 181 square feet. 7/29/2009 REPORTS OF COMMITTEES 67521 Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 8640 S. Lafayette Ave. (Facing West) [Or2009-1602] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Oreilly Auto Parts, 8640 South Lafayette Avenue, Chicago, Illinois (Application Number 100294458) (facing west); Dimensions; length, 34 feet, 5 inches; height, 5 feet, 3 inches Height Above Grade/Roof to Top of Sign: 15 feet, 3 inches Total Square Foot Area; 181 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 4114W. Madison St. [Or2009-1617] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Icon Identity Solutions, 1418 Elmhurst Road, Elk Grove Village, Illinois 60007, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Chase, 4114 West Madison Street, Chicago, Illinois 60624; Dimensions; length, 4 feet, 10 inches; height, 23 feet, 4 inches Height Above Grade/Roof to Top of Sign; 29 feet, 11 inches Total Square Foot Area; 100 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 67522 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 1557 N. Milwaukee Ave. (50 Sq. Ft.) (Application No. 100296980) [Or2009-1618] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Grate Signs, Inc., 4044 West McDonough Street, Joliet, Illinois 60431, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Jimmy Johns, 1557 North Milwaukee Avenue, Chicago, Illinois 60622; Dimensions; length, 3 feet, 4 inches; height, 15 feet Height Above Grade/Roof to Top of Sign: 30 feet Total Square Foot Area; 50 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 7557 N. Milwaukee Ave. (50 Sq. Ft.) (Application No. 100296983) [Or2009-1619] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Grate Signs, Inc., 4044 West McDonough Street, Joliet, Illinois 60431, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Jimmy Johns, 1557 North Milwaukee Avenue, Chicago, Illinois 60622; Dimensions; length, 3 feet, 4 inches; height, 15 feet Height Above Grade/Roof to Top of Sign; 30 feet Total Square Foot Area: 50 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 1557 N. Milwaukee Ave. (136 Sq. Ft.) [Or2009-1620] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Grate Signs, Inc., 4044 West McDonough Street, Joliet, Illinois 60431, for the erection of a 7/29/2009 REPORTS OF COMMITTEES 67523 sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Jimmy Johns, 1557 North Milwaukee Avenue, Chicago, Illinois 60622: Dimensions; length, 25 feet, 2 inches; height, 5 feet, 5 inches Height Above Grade/Roof to Top of Sign; 15 feet, 5 inches Total Square Foot Area; 136 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 4720 N. Milwaukee Ave. [Or2009-1603] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Oreilly Auto Parts, 4720 North Milwaukee Avenue, Chicago, Illinois (Application Number 100294992) (facing west): Dimensions; length, 34 feet, 5 inches; height, 5 feet, 3 inches Height Above Grade/Roof to Top of Sign; 18 feet, 3 inches Total Square Foot Area; 181 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 939 W. North Ave. [Or2009-1621] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to NSI Signs, Inc., 100 - 110 Fay Avenue, Addison, Illinois 60101, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at ATI Physical Therapy, 939 West North Avenue (west elevation of building); Dimensions; length, 30 feet; height, 3 feet Height Above Grade/Roof to Top of Sign; 36 feet Total Square Foot Area; 90 square feet. 67524 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 2500 W. North Ave. (South Elevation) [Or2009-1604] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Oreilly Auto Parts, 2500 West North Avenue (Application Number 100295014) (south elevation): Dimensions; length, 34 feet, 5 inches; height, 5 feet, 3 inches Height Above Grade/Roof to Top of Sign; 18 feet, 3 inches Total Square Foot Area; 181 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 2500 W. North Ave. (East Elevation) [Or2009-1605] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Oreilly Auto Parts, 2500 West North Avenue (Application Number 100295013) (east elevation); Dimensions; length, 34 feet, 5 inches; height, 5 feet, 3 inches Height Above Grade/Roof to Top of Sign; 18 feet, 3 inches Total Square Foot Area; 181 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 7/29/2009 REPORTS OF COMMITTEES 67525 6800 S. Pulaski Rd. [Or2009-1606] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Oreilly Auto Parts, 6800 South Pulaski Road, Chicago, Illinois 60629 (Application Number 100293659); Dimensions: length, 34 feet, 5 inches; height, 5 feet, 3 inches Height Above Grade/Roof to Top of Sign: 16 feet, 3 inches Total Square Foot Area: 181 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 55 E. Randolph St (105 Sq. Ft) [Or2009-1622] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Icon Identity Solutions, 1418 Elmhurst Road, Elk Grove Village, Illinois 60007, for the erection of one sign that is over 100 feet in area and 24 feet in height at LA Fitness Signature Club, 55 East Randolph Street. Our client, LA Fitness, is proposing to install a window graphic that will be over 100 feet in area and over 24 feet in height. This sign will be located on the north elevation on East Randolph Street. This sign will be single-faced, 13 feet, 1 inch in length and 8 feet in height for an area of 105 feet and 26 feet in height. North Elevation; Dimensions; length, 13 feet, 1 inch; height, 8 feet Height Above Grade/Roof to Top of Sign; 26 feet overall height Total Square Foot Area; 105 square feet, single-faced, quantity of 1. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 67526 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 55 E. Randolph St (160 Sq. Ft) [Or2009-1623] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Icon Identity Solutions, 1418 Elmhurst Road, Elk Grove Village, Illinois 60007, for the erection of one sign that is over 100 feet in area and 24 feet in height at LA Fitness Signature Club, 55 East Randolph Street. Our client, LA Fitness, is proposing to install a window graphic that will be over 100 feet in area and over 24 feet in height. This sign will be located on the west elevation on Washington Street. This sign will be single-faced, 14 feet in length and 11 feet, 4 inches in height for an area of 160 feet and 26 feet in height. West Elevation: Dimensions; length, 14 feet; height, 11 feet, 4 inches Height Above Grade/Roof to Top of Sign; 26 feet overall height Total Square Foot Area: 160 square feet, single-faced, quantity of 1. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 55 E. Randolph St (262 Sq. Ft.) [Or2009-1624] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Icon Identity Solutions, 1418 Elmhurst Road, Elk Grove Village, Illinois 60007, for the erection of one sign that is over 100 feet in area and 24 feet in height at LA Fitness Signature Club, 55 East Randolph Street. Our client, LA Fitness, is proposing to install a window graphic that will be over 100 feet in area and over 24 feet in height. This sign will be located on the west elevation on Washington Street. This sign will be single-faced, 22 feet, 2 inches in length and 11 feet, 10 inches in height for an area of 262 feet and 26 feet in height. West Elevation; Dimensions; length, 22 feet, 2 inches; height, 11 feet, 10 inches Height Above Grade/Roof to Top of Sign; 26 feet overall height Total Square Foot Area; 262 square feet, single-faced, quantity of 1. 7/29/2009 REPORTS OF COMMITTEES 67527 Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 300 E. Randolph St (140 Sq. Ft) [02009-4253] Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Commissioner of Buildings is hereby authorized and directed to issue a sign permit to Landmark Outdoor Advertising, 7424 Industrial Avenue, Chesterton, Indiana, 46304, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at the HCSC-Blue Cross Blue Shield of Illinois, 300 East Randolph Street, Chicago, Illinois 60611 with the following dimensions, height and square foot area: Dimensions; length, 16 feet; height, 16 feet Height Above Grade/Roof to Top of Sign; 725/22 feet Total Square Foot Area; 140 square feet. Notwithstanding any provisions of Title 17 of the Municipal Code of the City of Chicago (the Chicago Zoning Ordinance) to the contrary, the Commissioner of Buildings is hereby directed and authorized to issue a sign permit to the address referenced within this ordinance. SECTION 2. This ordinance shall be in force and effect from and after its passage and due publication. 300 E. Randolph St (175 Sq. Ft.) [02009-4254] Be It Ordained by the City Council of the City of Chicago: SECTION 1, That the Commissioner of Buildings is hereby authorized and directed to issue a sign permit to Landmark Outdoor Advertising, 7424 Industrial Avenue, Chesterton, Indiana, 46304, for the erection of a sign/signboard over 24 feet in height and/or over 100 67528 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 square feet (in area of one face) at the HCSC-Blue Cross Blue Shield of Illinois, 300 East Randolph Street, Chicago, Illinois 60611 with the following dimensions, height and square foot area: Dimensions; length, 12 feet, 11 inches; height, 16 feet Height Above Grade/Roof to Top of Sign: 725/22 feet Total Square Foot Area; 175 square feet. Notwithstanding any provisions of Title 17 of the Municipal Code of the City of Chicago (the Chicago Zoning Ordinance) to the contrary, the Commissioner of Buildings is hereby directed and authorized to issue a sign permit to the address referenced within this ordinance. SECTION 2. This ordinance shall be in force and effect from and after its passage and due publication. 2407 W. Roosevelt Rd. [Or2009-1625] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to M-K Signs, Inc., 4900 North Elston Avenue, Chicago, Illinois 60630, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Shell Oil, 2401 West Roosevelt Road; Dimensions; length, 8 feet; height, 24 feet Height Above Grade/Roof to Top of Sign; 32 feet Total Square Foot Area: 192 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 6337 - 6335 S. Western Ave. [Or2009-1607] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one 7/29/2009 REPORTS OF COMMITTEES 67529 face) at Oreilly Auto Parts, 6331 - 6335 South Western Avenue, Chicago, Illinois (Application Number 100294463) (facing north/south); Dimensions: length, 20 feet; height, 10 feet Height Above Grade/Roof to Top of Sign; 30 feet Total Square Foot Area: 200 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 6335 S. Western Ave. [Or2009-1608] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Oreilly Auto Parts, 6335 South Western Avenue, Chicago, Illinois (Application Number 100294459) (facing west); Dimensions: length, 34 feet, 5 inches; height, 5 feet, 3 inches Height Above Grade/Roof to Top of Sign; 18 feet, 3 inches Total Square Foot Area; 181 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 55E. 'Ill" St (Facing North) [Or2009-1609] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Oreilly Auto Parts, 55 East 111"" Street, Chicago, Illinois (Application Number 100295004) (facing north); 67530 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Dimensions: length, 19 feet, 5 inches; height, 8 feet, 3 inches Height Above Grade/Roof to Top of Sign: 21 feet, 3 inches Total Square Foot Area: 161 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 55E. Ill" St (Facing West) [Or2009-1610] Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Oreilly Auto Parts, 55 East 111'" Street, Chicago, Illinois (Application Number 100295002) (facing west); Dimensions; length, 19 feet, 5 inches; height, 8 feet, 3 inches Height Above Grade/Roof to Top of Sign: 21 feet, 3 inches Total Square Foot Area: 161 square feet. . Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. Withdrawn - ISSUANCE OF PERMIT FOR SIGN/SIGNBOARD AT 3201 S. ASHLAND AVE. [WOr2009-3] The Committee on Buildings submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Buildings, having had under consideration one proposed sign order (which was referred to the Committee on Buildings on June 30, 2009) pursuant to Section 14-40-120, "Aldermanic Recommendation", of the Municipal Code of Chicago, begs 7/29/2009 REPORTS OF COMMITTEES 67531 leave to recommend that Your Honorable Body Withdraw, at the request of Olympic Signs, Inc., the attached order for the 11'" Ward transmitted herewith. This recommendation was concurred in by the members of the Committee on Buildings, with no dissenting votes. This order shall be in full force and take effect from and after its passage and publication. Respectfully, (Signed) BERNARD L. STONE, Chairman. On motion of Alderman Stone, the committee's recommendation was Concurred In and the said proposed order transmitted with the foregoing committee report was Withdrawn by yeas and nays as follows: Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said withdrawn order: Ordered, That the Commissioner of Buildings is hereby directed to issue a sign permit to Olympic Signs, Inc., 1130 North Garfield, Lombard, Illinois 60148, for the erection of a sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at Oreilly Auto Parts, 3201 South Ashland Avenue, Chicago, Illinois (Application Number 100293049); Dimensions; length, 34 feet, 5 inches; height, 5 feet, 3 inches Height Above Grade/Roof to Top of Sign: 15 feet, 3 inches Total Square Foot Area: 181 square feet. Such sign shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code of the City of Chicago governing the construction and maintenance of outdoor signs, signboards and structures. 67532 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 COMMITTEE ON COMMITTEES, RULES AND ETHICS. CORRECTIONS OF CITY COUNCIL JOURNAL OF PROCEEDINGS. The Committee on Committees, Rules and Ethics submitted the following report: CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Committees, Rules and Ethics, having had under consideration seven ordinances as follows; an ordinance (PO2009-5214) correcting page 64004 from the Journal of the Proceedings of the City Council of the City of Chicago of June 3, 2009 (O'Connor) correcting which side of the street zone parking is located, should be south side not north side; an ordinance (PO2009-5215) correcting page 64011 from the Journal of the Proceedings of the City Council of the City of Chicago of June 3, 2009 (O'Connor) correcting ward number for handicap permit parking location should be 8'" Ward not 1"' Ward; an ordinance (PO2009-5213) correcting page 61342 from the Journal of the Proceedings of the City Council of the City of Chicago of May 13, 2009 (O'Connor) correcting ward number for handicap permit parking location should be 39'" Ward not 38'" Ward; an ordinance (PO2009-4603) correcting page 58624 from the Journal of the Proceedings of the City Council of the City of Chicago of April 22, 2009 (O'Connor) correcting address of handicap permit parking address should be 3745 not 3754; an ordinance (PO2009-4602) correcting page 56186 from the Journal of the Proceedings of (he City Council of the City of Chicago of March 18, 2009 (O'Connor) correcting handicap permit number should be 65873 not 65871; an ordinance (PO2009-4656) correcting page 36071 from the Journal of the Proceedings of the City Council of the City of Chicago of July 30, 2008 (Clerk del Valle) correcting sign order should be to repeal; and an ordinance (PO2009-5211) correcting page 101038 from the Journal of the Proceedings of the City Council of the City of Chicago of March 14, 2007 (Banks) correcting the year for the expiring of term, 7/29/2009 REPORTS OF COMMITTEES 67533 having had the same under advisement, begs to leave to report and recommend that Your Honorable Body Pass the proposed ordinances. This recommendation was concurred in by a viva voce vote of the members of the Committee on July 29, 2009, with no dissenting votes. Respectfully submitted, (Signed) RICHARD F. MELL, Chairman. On motion of Alderman Mell, the said proposed ordinances transmitted with the foregoing committee report were Passed by yeas and nays as follows: Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following are said ordinances as passed (the italic heading in each case not being a part of the ordinance): June 3, 2009. (Page 64004) [02009-4242] Be It Ordained by the City Council of the City of Chicago: SECTION 1. I hereby move to correct the Journal of the Proceedings of the City Council of the City of Chicago o\ the regular C'\ty CouncW meeting held on Wednesday, June 3, 2009, page 64004, Committee on Traffic Control and Safety recommended report-out, the item on the twenty-first and twenty-second printed lines from the top of the page as follows; by striking; "24 3400 block of West Harrison Street (3413 - 3443 West Harrison Street) (north side) at all times/all days (Zone 1512)" 67534 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 and inserting in lieu thereof; "24 3400 block of West Harrison Street (3413 - 3443 West Harrison Street) (south side) at all times/all days (Zone 1512)". SECTION 2. This ordinance shall be in effect upon its passage and publication. June 3, 2009. (Page 64011) [02009-4243] Be It Ordained by the City Council of the City of Chicago: SECTION 1. I hereby move to correct the Journal of the Proceedings of the City Council of the City of Chicago o\ ihe regular C\\.y CouncW meeting held on Wednesday, June 3, 2009, page 64011, Committee on Traffic Control and Safety recommended report-out, the item on the sixth and seventh printed lines from the top of the page as follows; by striking; "1 8946 South Greenwood Avenue - Disabled Parking Permit 69700. Alternative accessible parking (garage) and exceeds number of disabled signs allowed on residential street (4) sets are already posted" and inserting in lieu thereof; "8 8946 South Greenwood Avenue - Disabled Parking Permit 69700. Alternative accessible parking (garage) and exceeds number of disabled signs allowed on residential street (4) sets are already posted". SECTION 2. This ordinance shall be in effect upon its passage and publication. May 13, 2009. [02009-4244] Be It Ordained by the City Council of the City of Chicago: SECTION 1. I hereby move to correct the Journal of the Proceedings of the City Council of the City of Chicago oUhe regular City Council meeting held on Wednesday, May 13, 2009, 7/29/2009 REPORTS OF COMMITTEES 67535 page 61342, Committee on Traffic Control and Safety recommended report-out, the item on the second printed line from the top of the page as follows; "Parking Prohibited At All Times - Disabled Parking Permit Number 53955 for 3512 West Bryn Mawr Avenue - reads 38'" Ward and should read 39'" Ward". SECTION 2. This ordinance shall be in effect upon its passage and publication. April 22, 2009. [02009-4245] Be It Ordained by the City Council of the City of Chicago: SECTION 1. I hereby move to correct the Journal of the Proceedings of the City Council of the City of Chicago oHhe regular City Council meeting held on Wednesday, April 22,2009, page 58624, Committee on Traffic Control and Safety recommended report-out, the item on the tenth printed line from the top of the page as follows; Parking Prohibited At All Times - Disabled Parking Permit Number 69373 for "3754" North Nordica Avenue should read "3745" (36'" Ward). SECTION 2. This ordinance shall be in effect upon its passage and publication. March 18, 2009. [02009-4246] Be It Ordained by the City Council of the City of Chicago: SECTION 1. I hereby move to correct the Journal of the Proceedings of the City Council of the City of Chicago of the regular City Council meeting held on Wednesday, March 18, 2009, page 56186, Committee on Traffic Control and Safety recommended report-out, the item on the fourteenth printed line from the top of the page as follows; 67536 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 by striking; "18 At 8142 South Hermitage Avenue - Disabled Parking Permit 65871" and inserting in lieu thereof; "18 At 8142 South Hermitage Avenue - Disabled Parking Permit 65873". SECTION 2. This ordinance shall be in effect upon its passage and publication. July 30, 2008. [02009-4247] Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the proposed order authorizing the issuance of a permit to Clear Channel to install a sign/signboard at 5555 North Broadway, referred to the Committee on Buildings on July 30, 2008 and printed on page 36071 of the Journal of the Proceedings of the City Council of the City of Chicago is hereby corrected to read as follows: "Referred - Repeal Of Order For Sign/Signboard At 5555 North Broadway. Also, a proposed order directing the Commissioner of Buildings to repeal the order which authorized the issuance of a permit to Clear Channel to install a sign/signboard at 5555 North Broadway, which was Referred to the Committee on Buildings." SECTION 2. This ordinance shall take effect after its passage. March 14, 2007. [02009-4250] Be It Ordained by the City Council of the City of Chicago: I hereby move to correct the official Journal of the Proceedings of the City Council of the City of Chicago at the regular meeting held on March 14, 2007, as follows: 7/29/2009 REPORTS OF COMMITTEES 67537 Page 101038 - by deleting the language struck through and inserting the language underiined as follows; MA-101 to appoint Gracia M. Shiffrin as a member of the Chicago Plan Commission to a term effective immediately and expiring January 25, 2011 2009. Re-Referred - AMENDMENT OF REDEVELOPMENT AGREEMENT WITH W2005 CMK REALTY, L.L.C. [PO2009-3434] The Committee on Committees, Rules and Ethics submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Committees, Rules and Ethics, having had under consideration an ordinance (PO2009-3434) and having had the same under advisement, begs leave to report and recommend that Your Honorable Body Re-Refer the proposed ordinance transmitted herewith to the Committee on Finance. This recommendation was concurred in by a viva voce vote of the members of the Committee, with no dissenting votes. Respectfully submitted, (Signed) RICHARD F. MELL, Chairman. On motion of Alderman Mell, the committee's recommendation was Concurred In and the said proposed ordinance transmitted with the foregoing committee report was Re-Referred to the Committee on Finance by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beaie, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. 67538 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 COMMITTEE ON ENERGY, ENVIRONMENTAL PROTECTION AND PUBLIC UTILITIES. INTERGOVERNMENTAL AGREEMENT WITH METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO REGARDING STORMWATER MANAGEMENT. [02009-4240] The Committee on Energy, Environmental Protection and Public Utilities submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Energy, Environmental Protection and Public Utilities for which a meeting was held on July 21, 2009 and having under consideration an ordinance introduced on June 30, 2009 by Mayor Richard M. Daley authorizing the execution of an intergovernmental agreement with Metropolitan Water Reclamation District of Greater Chicago regarding stormwater management, having had the same under advisement, begs leave to recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. Respectfully submitted. (Signed) VIRGINIA A. RUGAI, Chairman. On motion of Alderman Rugai, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. 7/29/2009 REPORTS OF COMMITTEES 67539 The following is said ordinance as passed; WHEREAS, The City of Chicago is a municipal corporation created and existing under the laws of the State of Illinois (the "City"); and WHEREAS, The Metropolitan Water Reclamation District of Greater Chicago is a body corporate and politic, organized and existing under the laws of the State of Illinois (the "District"); and WHEREAS, On December 13, 2006, the City Council of the City adopted the "Chicago Stormwater Management Ordinance", codified as Chapter 11-8 of the Municipal Code of Chicago (the "City Ordinance"); and WHEREAS, Pursuant to Section 11 -18-110 of the City Ordinance and other provisions of the Municipal Code of Chicago, the Commissioner of the City's Department of Water Management (the "Commissioner") has issued regulations for sewer construction and stormwater management; and WHEREAS, On November 17, 2004, the Illinois General Assembly passed Public Act 093-1049 (the "Act"); and WHEREAS, The Act grants to the District the authority of general supervision of stormwater management in Cook County; and WHEREAS, "Stormwater management" as defined in the Act (and codified at 70 ILCS 2605/7h(a)) means the management of floods and floodwaters; and WHEREAS, The Act grants to the District the authority to plan, manage, implement, and finance activities relating to stormwater management in Cook County; and WHEREAS, The Act indicates that stormwater management in a municipality with a population over one million will be conducted by that municipality, or by the District subject to an intergovernmental agreement between the District and that municipality; and WHEREAS, The City has a population greater than one million people; and WHEREAS, The City and the District are "units of local government" as defined by Article VII, Section 1 of the Constitution of the State of Illinois (the "Constitution") and are enabled by Article VII, Section 10 of the Constitution to enter into agreements among themselves to; Contract or otherwise associate among themselves,...to obtain or share services and to exercise, combine or transfer any power or function, in any manner not prohibited by law or ordinance; and 67540 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 WHEREAS, On February 15, 2007, the District's Board of Commissioners adopted the Cook County Stormwater Management Plan (the "C.C.S.M.P.") by ordinance; and WHEREAS, The C.C.S.M.P. is not a regulatory ordinance and does not set forth any rules, regulations, or standards to which a municipality will be held or which a municipality will be required to enforce; and WHEREAS, The C.C.S.M.P. is a high level organizational plan wherein the overall framework for the countywide stormwater management program is established and which the District is required pursuant to the Act to adopt as a first step in establishing the District's countywide stormwater management program; and WHEREAS, The goals of the C.C.S.M.P. are consistent and compatible with the goals of the City's Ordinance; and WHEREAS, "Watershed" is defined as a geographical land area that drains to a common watenway; and WHEREAS, The District has worked with communities within Cook County to create six (6) watershed planning councils ("W.P.C.s"), one W.P.C. foreachof the established watersheds of the Chicago metropolitan area; and WHEREAS, The W.P.C.s represent communities located within major watersheds in Cook County; and WHEREAS, The W.P.C.s communicate the needs and interests of the members of the public and local governments to the District; and WHEREAS, The District is developing detailed watershed plans ("D.W.P.s") for the six (6) watersheds named in the Act; and WHEREAS, The D.W.P.s will identify stormwater management problems and recommend capital improvement projects for implementation under the District's Stormwater Management Program to address these problems; and WHEREAS, The District is working with members of the W.P.C.s and the public to develop a countywide watershed management ordinance that will establish uniform, minimum countywide stormwater management regulations throughout Cook County, with the exception of the City; and WHEREAS, The City is now the sole entity for stormwater management planning within the corporate limits of the City for stormwater planning purposes; and WHEREAS, Because the majority of the City lies outside of the existing six (6) established, watersheds, it is beneficial to the District and the City to address the City's management of floods and floodwaters that impact regional stormwater issues by entering into' an intergovernmental agreement; now, therefore. 7/29/2009 REPORTS OF COMMITTEES 67541 Be It Ordained by the City Council of the City of Chicago: SECTION 1. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. SECTION 2. The Commissioner, and a designee of the Commissioner, are each hereby authorized to execute an intergovernmental agreement with the District in substantially the form attached hereto as Exhibit A and such other documents as are necessary, between the City and the District, which may contain such other terms as are deemed necessary or appropriate by the parties executing the same on the part of the City. SECTION 3. To the extent that any ordinance, resolution, rule, order or provision of the Municipal Code of Chicago, or part thereof, is in conflict with the provisions of this ordinance, the provisions of this ordinance shall be controlling. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this ordinance. SECTION 4. This ordinance shall take effect upon its passage and approval. Exhibit "A" referred to in this ordinance reads as follows; Exhibit "A". Intergovernmental Agreement Between The City Of Chicago And The Metropolitan Water Reclamation District Of Greater Chicago Regarding Stormwater Management. This intergovernmental agreement (this "Agreement") is made and entered into as of the day of , 2009 (the "Agreement Date") by and between the City of Chicago (the "City"), a municipal corporation and home rule unit of government under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, and the Metropolitan Water Reclamation District of Greater Chicago (the "District"), a body corporate and politic, organized and existing under the laws of the State of Illinois. Recitals. Whereas, On December 13, 2006, the City Council of the City (the "City Council") adopted the "Chicago Stormwater Management Ordinance", codified as Chapter 11 -8 of the Municipal Code of Chicago (the "City Ordinance"); and 67542 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Whereas, Pursuant to Section 11-18-110 of the City Ordinance and other provisions of the Municipal Code of Chicago, the Commissioner (the "Commissioner") of the City's Department of Water Management (the "Department") has issued regulations for sewer construction and stormwater management (the "City Regulations"); and Whereas, On November 17, 2004, the Illinois General Assembly passed Public Act 093-1049 (the "Act"); and Whereas, The Act grants to the District the authority of general supervision of stormwater management in Cook County; and Whereas, "Stormwater management" as defined in the Act (and codified at 70 ILCS 2605/7h(a)) means the management of floods and floodwaters; and Whereas, The Act grants to the District the authority to plan, manage, implement, and finance activities relating to stormwater management in Cook County; and Whereas, The Act indicates that stormwater management in a municipality with a population over one million will be conducted by that municipality, or by the District subject to an intergovernmental agreement between the District and that municipality; and Whereas, The City has a population greater than one million people; and Whereas, The City and the District are "units of local government" as defined by Article VII, Section 1 of the Constitution of the State of Illinois (the "Constitution") and are enabled by Article VII, Section 10 of the Constitution to enter into agreements among themselves to; Contract or otherwise associate among themselves,...to obtain or share services and to exercise, combine or transfer any power or function, in any manner not prohibited by law or ordinance; and Whereas, On February 15, 2007, the District's Board of Commissioners (the "Board") adopted the Cook County Stormwater Management Plan (the "C.C.S.M.P.") by ordinance; and Whereas, The C.C.S.M.P. is not a regulatory ordinance and does not set forth any rules, regulations, or standards to which a municipality will be held or which a municipality will be required to enforce; and Whereas, The C.C.S.M.P. is a high level organizational plan wherein the overall framework for the countywide stormwater management program is established and which the District is required pursuant to the Act to adopt as a first step in establishing the District's countywide stormwater management program; and 7/29/2009 REPORTS OF COMMITTEES 67543 Whereas, The goals of the C.C.S.M.P. are consistent and compatible with the goals of the City's Ordinance; and Whereas, "Watershed" is defined as a geographical land area that drains to a common waterway; and Whereas, The District has worked with communities within Cook County to create six (6) watershed planning councils ("W.P.C.s"), one W.P.C. for each of the established watersheds of the Chicago metropolitan area; and Whereas, The W.P.C.s represent communities located within major watersheds in Cook County; and Whereas, The W.P.C.s communicate the needs and interests of the members of the public and local governments to the District; and Whereas, The District is developing detailed watershed plans ("D.W.P.s") for the six (6) watersheds named in the Act; and Whereas, The D.W.P.s will identify stormwater management problems and recommend capital improvement projects for implementation under the District's Stormwater Management Program to address these problems; and Whereas, The District is working with members of the W.P.C.s and the public to develop a countywide Watershed Management Ordinance ("W.M.O.") that will establish uniform, minimum countywide stormwater management regulations throughout Cook County, with the exception of the City; and Whereas, The City is now the sole entity for stormwater management planning within the corporate limits of the City for stormwater planning purposes; and Whereas, Because the majority of the City lies outside of the existing six (6) established watersheds, it is beneficial to both parties hereto to address the City's management of floods and floodwaters that impact regional stormwater issues by entering into this Agreement; and Whereas, The City and the District now desire to enter into this Agreement; Now, Therefore, In consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows; Article One. Incorporation Of Recitals. The recitals set forth above are incorporated herein by reference and made a part hereof 67544 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Article Two. Stormwater Management. 1. Until such time as the parties agree othenvise (or as applicable federal or state law may require), stormwater management within the corporate limits of the City shall be subject to the City Ordinance and the City Regulations and any future stormwater management ordinance or regulation enacted or promulgated by the City. Upon the District's adoption of a W.M.O., the City will review the City Ordinance and City Regulations in order to determine whether they are as stringent as the W.M.O.. In the event the City determines that the City Ordinance and City Regulations are not as stringent as the W.M.O., the City shall in good faith and in its sole discretion consider whether it is appropriate to amend the City Ordinance and City Regulations to make them at least as stringent as the W.M.O.. 2. The City is a part of the following existing W.P.C.s; North Branch Watershed; Lower Des Plaines Watershed; Calumet-Sag Watershed; Little Calumet Watershed. 3. The District will work with the City to develop a needs assessment study identifying and prioritizing stormwater management problems within the corporate limits of the City. The City will be the sole and active advisory body to the District during the development of and regarding said needs assessment study. The District will in good faith consider any hydrologic and hydraulic studies provided by the City for use in such needs assessment study. The District and the City will identify potential projects to address the stormwater management problems identified in the needs assessment study and perform feasibility studies as may be necessary with respect to such potential projects. The City will be the sole and active advisory body to the District during the performance of any such feasibility studies funded and or conducted by the District The City shall be able to submit requests to the District for funding these potential projects provided such projects are consistent with the District's requirements as set forth in the C.C.S.M.P.. The City will continue to be eligible to participate in future initiatives that are not subject to the stormwater management requirements for capital improvement projects, but that are otherwise eligible for funding by the District. 4. Upon approval and execution of this Agreement by both the City and the District, the City also may be eligible to participate in future stormwater management initiatives that are not subject to the stormwater management requirements for capital improvement projects, but that are eligible for funding by the District under the District's stormwater management levy. 7/29/2009 REPORTS OF COMMITTEES 67545 5. The City has certain "sister" agencies that are created by statute. Such sister agencies include; the Metropolitan Pier and Exposition Authority, a unit of local government, body politic and an Illinois municipal corporation; the Chicago Park District, a body politic and corporate and a unit of local government under Article VII, Section 1 of the 1970 Constitution of the State of Illinois; the Board of Education of the City of Chicago, a body politic and corporate; the Chicago Housing Authority, a municipal corporation; the Board of Trustees of Community College District Number 508, County of Cook, State of Illinois, a body politic and corporate established pursuant to the provisions of the Illinois Public Community College Act, 110 ILCS 805/1-1, et seq.; the Chicago Transit Authority, a municipal corporation duly organized and existing under the laws of the State of Illinois; and the Public Building Commission of Chicago, an Illinois municipal corporation. Each of such sister agencies may submit requests to the W.P.C.s orto the District for funding stormwater management projects pursuant to the C.C.S.M.P., which requests shall be evaluated in accordance with the minimum project requirements set forth in the C.C.S.M.P. Article Three. [Reserved] Article Four Term. The Term of the Agreement shall commence as of the Agreement Date. Either party may cancel this Agreement by providing ninety (90) days advance written notice of its intent to do so. Upon the expiration of said ninety (90) day period, this Agreement shall be null and void. Article Five. [Reserved] Article Six. Consent. Whenever the consent or approval of one or both parties to this Agreement is required hereunder, such consent or approval shall not be unreasonably withheld. 67546 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Article Seven. Notice. Notice to District shall be addressed to: Joseph Sobanski, Director of Engineering Metropolitan Water Reclamation District of Greater Chicago 100 East Erie Street Chicago, Illinois 60611 Fax; (312)751-5681 and Frederick M. Feldman, General Counsel Metropolitan Water Reclamation District of Greater Chicago 100 East Erie Street Chicago, Illinois 60611 Fax; (312)751-6598 Notice to the City shall be addressed to: Commissioner City of Chicago Department of Water Management 1000 East Ohio Street Chicago, Illinois 60611 Fax: (312)744-9631 and Corporation Counsel City of Chicago Department of Law 121 North LaSalle Street, Room 600 Chicago, Illinois 60602 Attention; Finance and Economic Development Division Fax; (312)744-8538 Unless otherwise specified, any notice, demand or request required hereunder shall be given in writing at the addresses set forth above, by any of the following means; (a) personal service; (b) electronic communications, whether by telex, telegram, telecopy or facsimile (fax) machine; (c) overnight courier; or (d) registered or certified mail, return receipt requested. Such addresses may be changed when notice is given to the other party in the same manner as provided above. Any notice, demand or request sent pursuant to either clause (a) or (b) hereof shall be deemed received upon such personal service or upon dispatch by 7/29/2009 REPORTS OF COMMITTEES 67547 electronic means. Any notice, demand or request sent pursuant to clause (c) shall be deemed received on the day immediately following deposit with the overnight courier and, if sent pursuant to subsection (d) shall be deemed received two (2) days following deposit in the mail. Article Eight Assignment; Binding Effect. This Agreement, or any portion thereof, shall not be assigned by either party without the prior written consent of the other. This Agreement shall inure to the benefit of and shall be binding upon the City, the District and their respective successors and permitted assigns. This Agreement is intended to be and is for the sole and exclusive benefit of the parties hereto and such successors and permitted assigns. Article Nine. Modification. This Agreement may not be altered, modified or amended except by written instrument signed by all of the parties hereto. Article Ten. Compliance With Laws. The parties hereto shall comply with all federal, state and municipal laws, ordinances, rules and regulations relating to this Agreement. Article Eleven. Governing Law And Severability. This Agreement shall be governed by the laws of the State of Illinois. If any provision of this Agreement shall be held or deemed to be ro shall in fact be inoperative or unenforceable as 67548 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 applied in any particular case in any jurisdiction or jurisdictions or in all cases because it conflicts with any other provision or provisions hereof or any constitution, statute, ordinance, rule of law or public policy, or for any reason, such circumstance shall not have the effect of rendering any other, provision or provisions contained herein invalid, inoperative or unenforceable to any extent whatsoever. The invalidity of any one or more phrases, sentences, clauses, or sections, contained in this Agreement shall not affect the remaining portions of this Agreement or any part hereof Article Twelve. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. Article Thirteen. Entire Agreement. This Agreement constitutes the entire agreement between the parties. Article Fourteen. Authority. Execution of this Agreement by the City is authorized by an ordinance adopted by the City Council on , 2009. Execution of this Agreement by the District is authorized , 2009. The parties represent and warrant to each other that they have the authority to enter into this Agreement and perform their obligations hereunder. Article Fifteen. Headings. The headings and titles of this Agreement are for convenience only and shall not influence the construction or interpretation of this Agreement. 7/29/2009 REPORTS OF COMMITTEES 67549 Article Sixteen. Disclaimer Of Relationship. Nothing contained in this Agreement, nor any act of the City or the District shall be deemed or construed by any of the parties hereto or by third persons, to create any relationship of third party beneficiary, principal, agent, limited or general partnership, joint venture, or any association or relationship involving the City and the District. Article Seventeen. Construction Of Words. The use of the singular form of any word herein shall also include the plural, and vice versa. The use of the neuter form of any word herein shall also include the masculine and feminine forms, the masculine form shall include feminine and neuter, and the feminine form shall include masculine and neuter. Article Eighteen. No Personal Liability. No officer, member, official, employee or agent of the City or the District shall be individually or personally liable in connection with this Agreement. Article Nineteen. Non-Waiver Either party's failure to require strict performance by the other party of any provision of this Agreement will not waive a party's right to demand strict compliance with any other provision of this Agreement or such provision at any other time. Any waiver of any terms of this Agreement must be in writing and shall not diminish the future enforceability of this Agreement. 67550 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Article Twenty. Representatives. Immediately upon execution of this Agreement, the following individuals will represent the parties as a primary contact in all matters under this Agreement For The District; William Sheriff Metropolitan Water Reclamation District of Greater Chicago 100 East Erie Street Chicago, Illinois 60611 Phone; (312)751-3169 Fax; (312)751-5710 For The City; Commissioner John F. Spatz, Jr. City of Chicago, Department of Water Management 1000 East Ohio Street Chicago, Illinois 60611 Phone; (312)744-7001 Fax; (312)744-9631 Each party agrees to promptly notify the other party of any change in its designated representative, which notice shall include the name, address, telephone number and fax number of the representative for such party for the purpose hereof In Witness Whereof, Each of the parties has caused this Agreement to be executed and delivered as of the date first above written. City of Chicago, Illinois By: Commissioner, Department of Water Management 7/29/2009 REPORTS OF COMMITTEES 67551 The Metropolitan Water Reclamation District of Greater Chicago By; Chairman of the Committee on Finance By: Executive Director Attest; Clerk Director of Engineering Approved as to Form and Legality; Head Assistant Attorney General Counsel 2009 CHICAGO ENERGY EFFICIENCY RESIDENTIAL ASSISTANCE PROGRAM FUNDING AND ITEMIZED PROGRAM DESCRIPTIONS PURSUANT TO PREVIOUSLY EXECUTED SETTLEMENT AGREEMENT WITH PEOPLE'S ENERGY CORPORATION. [02009-4241] The Committee on Energy, Environmental Protection and Public Utilities submitted the following report; 67552 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Energy, Environmental Protection and Public Utilities for which a meeting was held on July 21, 2009 and having under consideration an ordinance introduced on June 30, 2009 by Mayor Richard M. Daley authorizing the 2009 funding and a project list pursuant to a previously executed settlement with Peoples Gas, having had the same under advisement, begs leave to recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. Respectfully submitted. (Signed) VIRGINIA A. RUGAI, Chairman. On motion of Alderman Rugai, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed; WHEREAS, The City of Chicago is a home rule unit of government as defined in Article VII, Section 6(a) of the Illinois Constitution; and WHEREAS, As a home rule unit of government, the City of Chicago may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, The management of its finances is a matter pertaining to the government and affairs of the City of Chicago; and WHEREAS, The City of Chicago (the "City"), the Illinois Attorney General (the "Attorney General"), and Peoples Energy Corporation and its affiliates ("Peoples Energy") have entered into a settlement agreement to settle the Reconciliation Cases (the "Settlement") whereby Peoples Energy has agreed to pay the City and the Attorney General, jointly, up to Thirty Million Dollars ($30,000,000), in installments of up to Five Million Dollars ($5,000,000) annually, for the six (6) years beginning in July 2006 (the "Settlement Payments"); and 7/29/2009 REPORTS OF COMMITTEES 67553 WHEREAS, The Settlement Payments are intended for, and conditioned upon, application toward the cost, as estimated in the discretion of the City, through the Commissioner of Environment (the "Commissioner"), and the Attorney General, for the design, implementation and administration of programs of conservation and weatherization for low- and moderate-income residential dwellings with the goal of reducing energy usage costs (the "Programs"); and WHEREAS, By an ordinance adopted by the City Council of the City on October 4, 2006, and published in the Journal of the Proceedings of the City Council of the City of Chicago for said date at pages 86749 through 86779, inclusive (the "Ordinance"), the City Council appropriated the Settlement Payments and authorized the City to enter into an intergovernmental agreement (the "Agreement"), by and through the Department of the Environment ("D.O.E."), pursuant to which D.O.E. and the Attorney General will coordinate the expenditure of Settlement Payments and the development of the Programs; and WHEREAS, The City and the Attorney General propose to develop Programs with the Settlement Payment due July, 2009 (the "Fourth Installment") pursuant to the Budget attached hereto as Exhibit A and Program Descriptions attached hereto as Exhibit B; now, therefore. Be It Ordained by the City Council of the City of Chicago: SECTION 1. Peoples Energy shall pay on or about July 6, 2009, jointly, to the City and the Attorney General the Fourth Installment in the amount of Five Million Dollars ($5,000,000), of which Four Million Eight Hundred Thousand Dollars ($4,800,000) shall be delivered to the City and deposited in the Conservation and Weatherization Initiatives Fund (the "Weatherization Fund"). Additionally, Peoples Energy, upon request from the City and Attorney General shall pay the remaining Two Hundred Thousand Dollars ($200,000) and shall be delivered to the entities to be designated later by the Attorney General and as agreed to by the City for the North Shore Programs (hereinafter defined). SECTION 2. Pursuant to the Ordinance, any Settlement Payments paid by Peoples Energy pursuant to the Settlement and deposited into the Weatherization Fund shall be spent as determined by the Commissioner and the Attorney General consistent with the terms of the Settlement and the Agreement. The Programs to be funded from the Weatherization Fund will be selected by the Commissioner and approved by the Attorney General and may include projects, whether residential improvements or education or otherwise, relating to any of the following; energy conservation; energy efficiency; weatherization; insulation; conservation and weatherization education; or hardship disconnection assistance. Monies in the Weatherization Fund, including interest and investment income, may be used to finance the Programs or be disbursed in connection with the Programs in the form of grants, loans or equity investments. Specific initiatives and Programs contemplated to be funded through monies in the Weatherization Fund are more particulariy set forth in Exhibits A and B to this ordinance. The Program Descriptions set forth in Exhibit B are for informational purposes and shall not amend or limit any existing authority to conduct any existing programs described therein, except to the extent necessary to allow for the inclusion of a weatherization and energy efficiency component to be funded pursuant to this ordinance. SECTION 3. The City and the Attorney General agree that four percent (4%) of the Fourth Installment, in an amount not to exceed Two Hundred Thousand Dollars ($200,000), 67554 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 shall be used, pursuant to the Settlement, for residents of the North Shore (the "North Shore Programs") to be administered by entities to be later agreed upon in writing by the City and the Attorney General. Peoples Energy shall deliver the payment for the North Shore Programs as directed by the City and the Attorney General. SECTION 4. Subject to the approval of the Corporation Counsel as to form and legality, the Commissioner or his or her designee is hereby authorized and the commissioner of any City department, or his or her designee, responsible for the design, implementation or administration of any Program or use and expenditure of funds from the Fourth Installment, and acting consistently with the powers and duties granted any such commissioner pursuant to the Municipal Code of Chicago, including specifically, but without limitation the Commissioner of Housing, shall be authorized to enter into and execute all such other agreements and instruments and to perform any and all acts as shall be necessary or advisable in connection with the implementation of the Settlement and the carrying out of the Programs, including entering into contracts and grant agreements as well as provide in-kind exchanges, tangible personal property and vouchers for energy efficient household products and materials to eligible homeowners, individuals, groups and organizations. SECTION 5. To the extent that any current ordinance, resolution, rule, order or provision of the Municipal Code of Chicago, or part thereof, is in conflict with the provisions of this ordinance, the provisions of this ordinance shall control. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause, or provision shall not affect any of the other provisions of this ordinance. SECTION 6. This ordinance shall be in force and effect upon its passage and approval. Exhibits "A" and "B" referred to in this ordinance read as follows; Exhibit "A". 2009 Peoples Gas Energy Efficiency Settlement Fund Programs. Weatherization Program — Itemized Costs. Weatherization And Residential Energy Assistance (City Departments). Department Amount Program Department of Community $ 700,000 Technical assistance, grants and Development; Historic Chicago leveraging financing for weatherization Bungalow Association Energy of low- and moderate-income historic Savers Grant Program bungalow owners 7/29/2009 REPORTS OF COMMITTEES 67555 Department Amount Program Department of Community Weatherization of foreclosed homes Development: Neighborhood $1,550,000 that are rehabilitated for resale. Stabilization Program Department of Environment: Job $ 500,000 Weatherization workshops, on the job Training Weatherization Program training and weatherization of single- family low moderate income homes Department of Environment; $ 400,000 Weatherization kits paired with Low Cost Weatherization and education and installation of low-cost Education Program energy efficiency measures. Program Subtotal (annual) $3,150,000 Weatherization And Residential Energy Assistance (Non-Profits). Non-Profit Amount Program TBD; Neighborhood $ 200,000 Pilot the use of community based Residential Energy Efficiency Pilot organizations to deliver weatherization Program programs. Center for Neighborhood $ 400,000 Technical assistance to owners and Technology; Energy Savers leveraged subsidized financing for Program weatherization of 5+ unit buildings for low- and moderate-income renters. Delta Institute; Weatherization $ 500,000 Weatherization of low-income single Program and 2-3 unit multi-family rental and owner-occupied buildings. 67556 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Non-Profit Amount Program Heartland Housing; Energy $ 350,000 Weatherization of low-income rental Efficiency and Conservation housing. Program Program Subtotal (annual) $1,450,000 Homeless Shelter Bill Payment Assistance Program. Amount Program Peoples Gas $ 100,000 Homeless shelter bill payment assistance. Program Subtotal (annual) $ 100,000 Personnel Amount Project Manager $ 100,000 Program Subtotal (annual) $ 100,000 TOTAL; $4,800,000 Exhibit "B". 2009 Peoples Settlement Funds. Chicago Energy Efficiency Residential Assistance Program Itemized Program Descriptions. Chicago Department Of Community Development (D.C.D.) Historic Chicago Bungalow Association (H.CB.A.) Energy Savers Program. Program Description. This program, previously approved by the City Council, is designed to preserve a historic 7/29/2009 REPORTS OF COMMITTEES 67557 housing stock unique to Chicago and to ensure the affordability of these homes for low- and moderate-income homeowners. Grants are provided and financing is offered to owners of H.CB.A. Certified Bungalows. H.CB.A. and its contractors conduct energy audits and assessments to determine the appropriate level of improvement for each home. H.CB.A. ensures that insulation and air sealing have already been completed before energy efficient equipment is installed. Only owners that have certified their bungalow with H.CB.A. and meet the income requirements are eligible for the grants. Since 2006, the program has provided grants to approximately 869 bungalow home owners. Chicago Department Of Community Development (D.C.D.) Neighborhood Stabilization Program (New Program). Program Description. In July 2008, Congress passed the Housing & Economic Recovery Act of 2008, which included $3.92 Billion forthe Neighborhood Stabilization Program (N.S.P.). In January 2009, United States Department of Housing and Urban Development (H.U.D.) approved the City of Chicago's N.S.P. application for Chicago's population-formula based allocation of $55.2 Million. The goal of the program is to, stabilize neighborhoods by rehabilitating vacant, foreclosed homes, bringing them up-to-code and ensuring that they are occupied as quickly as possible in targeted areas. The City of Chicago expects to assist up to 2,000 - 2,500 housing units over the, next 3-5 years through this program. Settlement dollars will be combined with N.S.P. funds to maximize the energy efficiency upgrades. All funds must assist households with income less than 120% of the area median income (A.M.I.), with 25% of the households having incomes no more than 50% of the A.M.I. The energy conservation measures funded will include building envelope improvements like air sealing and insulation and may also include efficient gas heating and water heating systems. Greencorps Chicago Job Training Weatherization Program. Program Description. Greencorps Chicago's (G.C.C) mission is to improve the quality of life throughout Chicago by providing environmental and weatherization job training and post-program graduation job placement services. G.C.C. is run by the Department of Environment and offers workshops, technical assistance and educational programs to organizations working in a public space. The G.C.C. energy efficiency and weatherization program, previously approved by the City Council, also offers a six-month training program in landscaping and horticulture, as well as weatherization. Trainees are instructed on the use of blower door tests and the installation of a variety of weatherization materials including insulation, caulking, weather stripping and 67558 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 programmable thermostats. Crews of trainees then weatherize single and 2-4 unit low-income homes in areas of high energy use in Chicago. Over the past three years, the program has weatherized approximately 425 homes. Low Cost Weatherization And Education Program (New Program). Program Description. This program provides education curriculum for hands-on installation of low cost weatherization measures in Chicago homes. Utilizing Department of Environments Chicago Conservation Corps (C3), a local environmental leader and school club training program, and Community Based Organizations (C.B.O.s), low cost weatherization measures will be installed in student and community homes. This program will ensure the measures are actually installed in the home in a quality manner. The strong relationships and trust C3 clubs and C.B.O.s have within their schools and communities will encourage the adoption of energy saving behaviors and, because C3 clubs, C3 leaders and C.B.O.s are intentionally distributed widely throughout the city, will allow for economic and geographic diversity. C3 and C.B.O.s will also be a conduit for connecting homeowners and renters with weatherization funds available through state and other programs. Neighborhood Residential Energy Efficiency Pilot Program (New Program). This program pilots a block-by-block education and implementation approach for energy efficiency retrofits in low and moderate income communities. It builds off research by Northwestern University and the Field Museum that studied the informal networks that exist in communities by which residents and institutions gain information. It will combine the efforts of Community Economic Development Association of Cook County (which will oversee an estimated 12,000 retrofits in Cook County in 2009) with Commonwealth Edison, Peoples Gas and the Illinois Department of Commerce and Economic Opportunity to pilot the most cost effective ways to reach large number of residents with high energy uses. Center For Neighborhood Technology Energy Savings Program. Program Description. The Center for Neighborhood Technology's (C.N.T.) Energy Savers program, previously approved by the City Council, provides marketing, education and training, energy audits and 7/29/2009 REPORTS OF COMMITTEES 67559 technical assistance to help owners of rental buildings serving low-income households to assure proper installation of weatherization measures. Assistance includes loan and grant tools, contractor referrals and performance monitoring. Weatherization measures include air sealing to reduce heat loss, insulation and natural gas mechanical equipment like boilers and furnaces. C.N.T. collaborates with another non-profit, the Community Investment Corporation (C.I.C), which provides subsidized loans to building owners. Using Peoples Settlement funds approved by Council in 2007 C.N.T. has retrofitted 189 units. Since the program's overall inception in 2006, C.N.T. has audited over 4,300 housing units, resulting in retrofits in over 1,300 units with an average energy savings of approximately 30%. Energy Savers has leveraged over $1,000,000 in loan financing from C.I.C Delta Institute Energy Savers Program. Program Description. The Delta Institute manages a community weatherization program, previously approved by the City Council, in two target areas in Chicago - the Grand Crossing neighlDorhood on Chicago's south side and West Garfield Park neighborhood on Chicago's west side. They partner with the Revere Community Housing Development Corporation (R.C.H.D.) in the Grand Crossing neighborhood and with Bethel New Life (Bethel) in West Garfield Park. The program also provides energy efficiency audits through H.E.R.S. (Home Energy Rating System) raters designed to specify priority work to maximize energy savings. Grants will fund attic and sidewall Insulation, air sealing, water heater blankets, thermostat upgrades, duct repair, furnace repair, and installation of radiant heat regulators for low to moderate rental and owner occupied units. The program has retrofitted approximately 96 units since 2007. Heartland Housing Energy Efficiency And Conservation Program. Program Description. Heartland Housing's Energy Efficiency and Conservation Program, previously approved by the City Council, is designed to weatherize multi-family rental units serving low-income residents. As a result of the improvements, energy operating cost reductions will be passed on to the tenants. The projects will focus on boiler and hot water heater replacements and boiler maintenance contracts designed to maintain systems operating at maximum efficiency as well as training for maintenance supervisors who manage the day to day operations of these energy systems. The program has served approximately 510 units in seven buildings since 2007. 67560 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Peoples Gas Homeless Shelter Bill Payment Assistance Program. Program Description. The City of Chicago, through the Department of Family and Support Services (D.F.S.S.) supports approximately 50 homeless shelters through delegate agency agreements. Increasing gas costs have threatened some shelters with closure at a time of increasing need. In 2008, through an agreement with Peoples Gas, funds were used to credit accounts of shelters that are Peoples Gas customers, assuring no account remained in arrears. Though large amounts of Federal funds are available for homeless prevention, no other sources of funds are available to assist homeless shelters. The City will again support gas bill payment assistance for these City-supported homeless shelters. Action Deferred - AMENDMENT OF TITLES 3, 9 AND 11 OF MUNICIPAL CODE CONCERNING AIR QUALITY AND POLLUTION CONTROL. [PSO2009-4829] The Committee on Energy, Environmental Protection and Public Utilities submitted the following report, which was, on motion of Alderman Tunney, Alderman Shiller and Alderman Schulter, Deferred and ordered published; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Energy, Environmental Protection and Public Utilities, for which a meeting was held on July 21, 2009 and having under consideration an ordinance introduced on June 30, 2009 by Mayor Richard M. Daley, which was substituted and amended on its face at the July 21, 2009 Committee meeting, amending various provisions of the Municipal Code regarding air quality and pollution control, was deferred and published by Aldermen Shiller, Schulter and Tunney. Respectfully submitted, (Signed) VIRGINIA A. RUGAI, Chairman. The following is said proposed substitute ordinance transmitted with the foregoing committee report: 7/29/2009 REPORTS OF COMMITTEES 67561 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: SECTION I. Chapter 11-4 ofthe Municipal Code of Chicago is hereby amended by deleting Article 11, Sections 11-4-580 through 11-4-810, in its entirety, and replacing it with a new Article 11, as follows: ARTICLE II. AIR POLLUTION CONTROL Part A. General Provisions 11-4-600 Purpose and intent Air pollution can pose hazards to the public health or the environment. The purpose of this article is to reduce the potential risk of harm to the public health, safety, and welfare or to the environment from releases of air contaminants from buildings, structures, facilities, devices, processes or other air pollution sources within the city. 11-4-610 Definitions. For purposes of this Article II, the following definitions shall apply: "Air contaminant" means any individual substance or matter, including but not limited to smoke, soot, fly ash, dust, cinders, dirt, acids, fumes, oxides, gases, vapors, odors, toxic or radioactive substances, volatile organic compounds, ozone, waste, particulate, solid, liquid or gaseous matter, or any other material, which is a component of or precursor to air pollution. "Air pollution" means the presence in the outdoor atmosphere of any air contaminants that (1) endanger the health, safety or welfare of the public; (2) cause or may cause injury, detriment, nuisance or annoyance to the public or damage to business or property; or (3) leave the premises on which they originated so as to interfere with the reasonable and comfortable use and enjoyment of property. "Automobile or truck sales lot" means any land area used or intended to be used for the display or sale of passenger automobiles or commercial vehicles. "Combustion equipment" means any equipment or device which generates heat or energy by burning solid, liquid, or gaseous fuel or other material, and which emits or has the potential to emit air contaminants. Combustion equipment includes, but is not limited to, boilers, furnaces, ovens, incinerators, and generators. 67562 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 "Equipment" shall have the meaning ascribed to the term "process equipment." "Emission source" means any and all sources of air pollution, whether privately or publicly owned or operated. Emission source includes, but is not limited to, all types of business, commercial and industrial plants, work shops and stores, and power plants and stations, buildings and other structures of all types, including multiple-family residences, apartment houses, office buildings, hotels, restaurants, schools, hospitals, churches and other institutional buildings, automobiles, trucks, construction equipment, underground or above ground storage tanks, tractors, buses and other motor vehicles, garages, vending and service locations or stations, railroad locomotives, ships, boats and other waterborne craft, portable fuel-burning equipment, refuse dumps and piles and all stacks, vents and other chimney outlets from any of the foregoing. "Emission unit" means any part or activity at a stationary source that emits or has the potential to emit any air pollution. "Facility" means any commercial, industrial, or residential establishment which contains one or more regulated areas or units of regulated equipment. A facility may consist of more than one building or structure where all lots are contiguous and the parts of the facility are functionally related. "Fumes" means gases, vapors or particulate matter that are of such character as to cause air pollution. "Open burning" means the combustion of any matter in such a way that the products of the combustion are emitted into the open air without originating in or passing through equipment for which a permit could be issued under Section 9(b) ofthe Illinois Environmental Protection Act as amended. "Particulate matter" means material, other than water, which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid. "Pollution control device" means any equipment or device used to eliminate, prevent, reduce or control the emission of air contaminants to the outdoor atmosphere. Pollution control devices include, but are not limited to, scrubbers, dust collectors, thermal oxidizers, cyclones, mist collectors, catalytic converters, and electrostatic precipitators. "Process area" means any location within a facility where chemical, industrial, commercial, or manufacturing operations are conducted, and which emits or has the potential to emit air contaminants. Activities conducted in a process area include, but are not limited to, motor vehicle repairs, grinding, sawing, sanding, cutting, buffing, packaging, assembling, machining, blending, coating, plating, or mixing. "Process equipment" means any equipment or device used in any industrial, commercial, or manufacturing operations for the mechanical, thermal, or chemical treatment or processing of a raw material, product, or byproduct, and which emits or has the potential to emit air contaminants. Process equipment includes, but is not limited to, tanks, kettles, converters, CNC machines, kilns, ovens, non-residential food preparation units vented to the outdoor atmosphere via a hood, 7/29/2009 REPORTS OF COMMITTEES 67563 crucibles, stills, dryers, roasters, crushers, grinders, blenders, mixers, reactors, regenerators, separators, filters, columns, classifiers, screeners. quenchers, cookers, washers, scrubbers, mills, condensers, absorbers, balers, compactors, unfired pressure vessels, indirect fired vessels, unit heaters, infra red heaters, makeup air units with heating elements, agitators, and sedimentation and classification devices. Process equipment also includes, but is not limited to, equipment or devices required for water conditioning, treatment of industrial and municipal wastes, metallurgical processing, pulp and paper production, food processing, dry cleaning, petrochemical production and other similar operations. "Regulated equipment or area" means any combustion equipment, pollution control device, process equipment, or process area. "Residential heating plant" means a plant generating heat for a single-family residence, or multiple-dwelling units in which such plant serves fewer than four apartments. Under this designation are also hot water heaters, furnaces, stoves and space heaters used in connection with the foregoing establishments, or to heat shacks and other temporary buildings, such as used by the railroad and construction industries; provided, however, that like equipment used in multiple-dwelling units other than herein described, or used in permanent buildings of commercial or industrial establishments are not to be construed to be included under this designation. "Smoke" means small gas-borne particles other than water that form a visible plume in the air from any emission source. "Stage II vapor recovery system" means a system for gasoline vapor recovery from the fueling of motor vehicles. "Stationary emission source" means an emission source which is not self-propelled. Parts. Permitting 11-4-620 Permitting of facilities, devices, or processes for control of air pollution. (a) Air Pollution Control Permit Required. (1) Except as otherwise provided in this article or in rules or regulations promulgated thereunder, no person shall install or operate in any way any regulated equipment or area without a valid air pollution control permit issued by the commissioner. (2) No person shall replace or relocate any regulated equipment or area requiring an air pollution control permit without receiving a new air pollution control permit from the commissioner. (3) No person shall repair or modify any regulated equipment or area requiring an air pollution control permit, if such repair or modification will increase the quantity or change the nature of air contaminants emitted from such 67564 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 regulated equipment or area, without receiving a new air pollution control permit from the commissioner. (b) Posting. Air pollution control permits shall be posted in a conspicuous place at or near the regulated equipment or area for which they are issued. (c) Exceptions. An air pollution control permit shall not be required for any of the following equipment or under the following circumstances: (1) Residential heating plants; (2) Indoor fireplaces that are exempted under subsection (b) or (c) of section 11 -4-740, or for which the commissioner has issued a variance pursuant to subsection (d) of section 11-4-740; (3) Coin-operated laundry washers and dryers; (4) Air conditioners and refrigerators; (5) Gas-fired cooking equipment; (6) Stage II vapor recovery systems; (7) Bench-scale laboratory equipment used exclusively for chemical or physical analysis; (8) Repair, replacement, modification or relocation specifically authorized or required under applicable federal or state law; provided, however, that in the case of such a repair or modification, the owner or operator shall notify the commissioner in writing at least seven days prior to commencing the repair or modification; (9) Repair, replacement, modification or relocation necessitated by an emergency before penmission can be obtained, if the commissioner subsequently determines that such action was taken based on a reasonable belief that an emergency had arisen, and that serious consequences would have resulted if the action was deferred; or (10) Other equipment or circumstances exempted by the commissioner in accordance with rules and regulations promulgated pursuant to this article. (d) Termination. Any air pollution control permit issued prior to the installation of any regulated equipment or area shall become void, and all fees paid for such permit shall be forfeited, if installation is not completed within one year from the date of issuance of the air pollution control permit, or any extended period allowed by the commissioner in writing. (e) Permit application content. The owner of any regulated equipment or area requiring an air pollution control permit shall file an application in a form prescribed by the commissioner and provide all requested information. (f) Other laws and regulations. The permitting requirements of this section do not in any way limit the authority of the commissioner to enforce any environmental laws or regulations otherwise applicable to a regulated equipment or area installed or operating in the city. 11-4-630 Standards for issuance of air pollution control permits. 7/29/2009 REPORTS OF COMMITTEES 67565 (a) The commissioner shall grant an air pollution control permit only if the commissioner has determined that: (1) the owner or operator of the regulated equipment or area for which a permit is sought is not currently in violation of any substantive standards set forth in Part C of this article or any regulations promulgated pursuant to this article; and (2) any control equipment or technology to be utilized to control the emission of air contaminants is appropriate for the facility's operations and throughput; provided, however, any control equipment or technology permitted by state or federal law or regulation shall be considered appropriate. (b) The commissioner shall have authority to impose conditions necessary to achieve the purposes of this article upon any permit issued pursuant to this section. (c) Any person whose application for an air pollution control permit is denied, or upon whom permit conditions are imposed pursuant to paragraph (b) of this section, may appeal to the commissioner for a hearing on the denial or conditions by submitting a written request for a hearing within 15 days of the date ofthe letter denying the permit application or granting the application with conditions. The commissioner, orthe commissioner's designee, shall commence the hearing within 30 days of receiving a hearing request unless a later date is scheduled with the mutual consent of the parties. Failure to timely request a hearing in accordance with this paragraph shall constitute a waiver of the opportunity for a hearing. 11-4-640 Shutdown of permitted equipment. The owner or operator of any regulated equipment or area subject to an air pollution control permit that is dismantled or discontinued shall notify the commissioner in writing of that dismantling or discontinuance within thirty days of its occurrence. 11-4-650 Permit fees. Every applicant for an air pollution control permit shall pay a permit fee of $150.00 per piece of a regulated equipment or area permitted, except that if the regulated equipment or area is installed pursuant to a building permit issued under Chapter 13-32 of this Code and the required permit fees are paid in accordance with sections 13-32-302 and 13-32-310 of this Code, no additional fee is required to obtain an air pollution control permit. 11 -4-660 Certificate of operation - • required. (a) Certificate of operation required. No person shall cause or allow the operation of any regulated equipment or area requiring an air pollution control permit under Section 11-4-620 of this Code, or a Stage II vapor recovery system, without a valid certificate of operation issued by the commissioner. An application for a certificate of operation shall be made to the department in a form prescribed by the commissioner. (b) Scope of certificate of operation. A single certificate of operation shall be issued for 67566 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 a facility, which may encompass regulated equipment or areas requiring more than one air pollution control permit. (c) Posting. Certificates of operation shall be posted in a conspicuous place at the facility for which they are issued. (d) Duration and renewal. A certificate of operation shall be valid for one year from the date of issuance unless a shorter period is specified by the commissioner, subject to annual renewal as set forth in Section 11-4-690. (e) Exceptions. A certificate of operation shall not be required from the department for facilities operating only the following equipment; (1) Emergency or standby generators; (2) Boilers or furnaces; or (3) Other equipment exempted by the commissioner in accordance with rules and regulations promulgated pursuant to this article. 11-4-670 Standards for the issuance of annual certificate of operation. (a) The commissioner shall not issue or renew a certificate of operation unless the applicant has certified that it is in compliance with all ofthe following standards. The applicant must (1) operate in a manner that is not detrimental to public health or safety, or to the environment; (2) comply with all substantive standards set forth in Part C of this article or any regulation promulgated pursuant to this article; (3) hold an air pollution control permit for all regulated equipment or areas in the facility for which a certificate of operation is sought, and comply with all terms of all air pollution control permits; and (4) keep all regulated equipment or areas in good repair and free from operational defects. (b) The commissioner shall have authority to impose conditions necessary to achieve the purposes of this article upon any certificate of operation issued pursuant to this section. (c) Any person whose application for a certificate of operation is denied, or upon whom certificate of operation conditions are imposed pursuant to paragraph (b) of this section, may appeal to the commissioner for a hearing on the denial or conditions by submitting a written request for a hearing within 15 days ofthe date ofthe letter denying the certificate application or imposing the conditions. The commissioner, orthe commissioner's designee, shall commence the hearing within 30 days of receiving a hearing request unless a later date is scheduled with the mutual consent of the parties. Failure to timely request a hearing in accordance with this paragraph shall constitute a waiver of the opportunity for a hearing. 11-4-680 Certificate of operation fee. Every applicant for a certificate of operation shall pay a fee based on the potential or actual 7/29/2009 REPORTS OF COMMITTEES 67567 emissions of the facility for which the certificate of operation is sought. Facilities are categorized and fees shall be levied as follows: Category Emissions Fee A1 Facility whose potential and actual emissions are $1,250.00 100 tons or more per year. A2 Facility with potential to emit more than 100 tons $750.00 per year, but whose actual emissions are less than 100 tons per year. B Facility whose potential and actual emissions are $250.00 more than 10 tons per year but less than 100 tons per year. C Facility whose potential and actual emissions are $50.00 10 tons or less per year, or Stage II vapor recovery system. 11-4-690 Annual certification of compliance. Every owner or operator of a facility with a certificate of operation issued in accordance with section 11 -4-660 of this Code must certify annually to the commissioner that the facility continues to meet the standards for issuance of a certificate of operation, beginning one year from the date that the certificate was issued. The self-certification must be submitted in an appropriate form as prescribed by the commissioner prior to the expiration of the certificate of operation. Such self- certification shall include a sworn statement by the owner or operator of the subject facility either (1) stating that in the previous year, no repairs or modifications occurred that in any way affected the quantity or nature of air contaminants emitted or potentially emitted from the facility, and no changes were made at or to the subject facility that altered the information provided as part of its air pollution control permit application; or (2) describing any such changes in detail and stating any effect on emissions from the facility. Timely submission of the annual self-certification shall constitute renewal of the certificate of operation for an additional period of one year. Every owner or operator shall include the certificate of operation fee designated in section 11-4-680 along with the annual self-certification. Part C. Substantive Standards. 11 -4-700 Visible emissions limitations. (a) No person shall cause or allow the emission of smoke or other particulate matter 67568 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 from an emission unit on a stationary emission source within the city with an opacity greater than 30 percent into the atmosphere unless otherwise permitted by a permit issued under Title V of the Clean Air Act. a Federally Enforceable State Operating Permit (FESOP), or applicable state law. This subsection (a) shall not apply to stationary emission sources subject to the visible emissions limitations set forth in the Illinois Pollution Control Board Rules and Regulations, codified at Section 212.122 of 35 Illinois Administrative Code, as amended. (b) Except to the extent permitted by an operating permit issued under Title V of the Clean Air Act. a FESOP, or applicable state law. the emission of smoke or other particulate matter from any such emission unit in the city may have an opacity greater than 30 percent but not greater than 60 percent for a period or periods aggregating 8 minutes in any 60 minute period provided that such opaque emissions permitted during any 60 minute period shall occur from only one such emission unit located within a 305 meter (1000 ft) radius from the center point of any other such emission unit owned or operated by such person, and provided further that such opaque emissions permitted from each such emission unit shall be limited to 3 times in any 24 hour period. This subsection (b) shall not apply to stationary emission sources subject to the visible emissions limitations set forth in Illinois Pollution Control Board Rules and Regulations, Codified at Section 212.122 of 35 Illinois Administrative Code, as amended. (c) It shall constitute a violation of this section for a stationary emission source to emit any matter in excess of limitations set forth in a permit issued under Title V of the Clean Air Act a FESOP, or applicable state law. (d) This section shall not apply to emissions (i) during times of startup, malfunction, breakdown, or equipment maintenance; or (ii) to emissions of water or water vapor from an emission unit. 11-4-710 Nitrogen oxide emissions. No person shall cause or allow nitrogen oxide emissions from any source to exceed the limitations set forth by regulations promulgated by the State of Illinois Pollution Control Board, codified at Part 217 of 35 Illinois Administrative Code, as amended, which regulations are adopted and incorporated by reference and made a part of this section as if fully set forth herein. 11-4-720 Emission of particulate matter. No person shall cause or allow emissions from any source to exceed the limitations set forth by regulations promulgated by the State of Illinois Pollution Control Board, codified in Part 212 of 35 Illinois Administrative Code, as amended, including regulations set forth to limit fugitive particulate emissions, which regulations are adopted and incorporated by reference and made a part of this section as if fully set forth herein. 11-4-730 Air pollution prohibited. It shall be unlawful within the City of Chicago for any person to cause, suffer or allow the emission of air pollution; provided, however, emissions in compliance with state or federal law or regulations shall not constitute air pollution. 7/29/2009 REPORTS OF COMMITTEES 67569 11-4-740 Open burning prohibited. (a) Prohibition. Except as provided in this section, no person shall cause or allow open burning. (b) Exemption - Recreational and cooking activities. The activities specified as exemptions in Part 237.120 of 35 Illinois Administrative Code, as amended, are incorporated into this section by reference, unless these activities cause air pollution as defined in this chapter. The phrase "the burning of fuels for legitimate campfire, recreational, and cooking purposes, or in domestic fireplaces," as used in Part 237.120(e) of 35 Illinois Administrative Code, and incorporated herein, shallmean: (i) the burning of propane, natural gas, or other clean-burning liquid gases; or (ii) the burning of charcoal or clean, dry. uncoated, unpainted and untreated natural firewood or pre-formed manufactured fireplace logs not more than two feet in length, provided that: (A) Under no circumstances may plywood, particle board, scrap lumber or pallets be burned even if the pieces are uncoated, unpainted or untreated; (B) Plain newspaper may be burned, but only in an amount necessary to start the fire; (C) If outdoors, the fire must be contained in a grill, manufactured fire pit, or smoker not exceeding 10 feet around the perimeter, unless used for commercial or restaurant purposes; (D) If indoors, the fire must be contained in a domestic fireplace that has received all necessary approvals from the department of buildings, or in an oven used for commercial or restaurant purposes that has received ail necessary approvals from the department of buildings and the department of environment (E) Outdoor fires that produce excessive smoke migrating offsite are not permitted on windy days when smoke may create a nuisance; and (F) The commissioner of the environment, the fire commissioner, or the superintendent of police, or their designees are authorized to request that an outdoor fire be immediately extinguished if such commissioner, superintendent or designee determines that the fire is not in compliance with this section, the smoke is offensive to neighbors, or the burning is determined to constitute a hazardous condition. (c) Exemption - State open burning permits. Burning activities, such as fire fighter/fire extinguisher training or prairie and ecological landscape burns, that are conducted pursuant to a current permit from the State of Illinois pursuant to Subpart B of Part 237 of 35 Illinois Administrative Code shall also be exempt from this section, provided that: (i) the permittee has provided advance notice, including the precise location ofthe burning activities, and a copy ofthe State open burning permit to the 67570 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 commissioner, neighboring residents, neighboring businesses, the aldermen of all the wards affected by the burning activities, and the local fire house, no sooner than 10 business days and no later than 7 business days prior to the scheduled date of the burn and has provided additional advance notification to the local fire house on the same day of the scheduled burn; (ii) the permittee conducts the burning activities in compliance with all terms and conditions of the State permit; (iii) the burning activities may not take place within 200 yards of any residence; (iv) there shall be no brush pile burns; and (v) the burning activities will not cause air pollution as defined in this chapter. (d) Variances. The commissioner may issue written variances, with notification to the affected aldermen, to Section 11-4-740(a) to persons whose burning activities are not exempted by Section 11-4-740(b) or 11-4-740(c), provided that the burning activities will not cause air pollution as defined in this chapter and provided that the application for a variance meets all standards for issuance as may be set forth in rules and regulations promulgated by the commissioner pursuant to this article. Requests for variances shall be in writing. If a variance request is denied, the applicant may request the commissionerin writing for a hearing on the denial within 10 days of the date the denial notice is mailed. Such hearing shall be conducted as provided in rules and regulations promulgated by the commissioner pursuant to this article. 11-4-750 Surfacing of lots and roadways. No person shall maintain or conduct or cause to be maintained or conducted any parking lot or automobile or truck sales lot or use any real property for a private roadway without taking reasonable precautions to minimize air pollution, including, but not limited to, covering or treating such real property with a surface or substance, and complying with applicable laws. 11-4-760 Handling and storage of material susceptible to becoming windborne. (a) Material Handling: No person shall cause or permit the use, handling, loading, unloading, storing, depositing, or scattering of any substance or material that may become airborne or be scattered by the wind without taking reasonable precautions to minimize air pollution. (b) Material Storage: No person shall operate or maintain, or cause to be operated or maintained, any building, structure, premises, open area, right-of-way or enterprise which contains, uses or involves any substance or material that may become airborne or be scattered by the wind without taking reasonable precautions to minimize air pollution. (c) Material Piles: Owners of construction sites or any general contractor or subcontractor working on construction sites shall employ dust control measures for material piles. These measures shall ensure that no visible dust or dirt from material piles migrates off the construction site or onto the public ways. Work with material piles shall be suspended as necessary during high winds (in excess of 15 miles per hour) unless alternate measures are implemented to effectively control dust. 7/29/2009 REPORTS OF COMMITTEES 67571 (d) Track out onto the public way: Property owners or any general contractor or subcontractor working on construction sites shall ensure that mud, dirt, and other debris is not tracked out onto the public way. The commissioner or the commissioner of the department of streets and sanitation may require property owners, general contractors and subcontractors to employ a street sweeper, water truck, truck wash, or other device to control the track out of mud. dust, and debris onto the public way. (e) Rules and regulations. The commissioner is authorized to promulgate additional rules and regulations for the proper management of any substance or material that may become airborne or be scattered by the wind. (f) Enforcement. The department of environment and the department of streets and sanitation are authorized to enforce the provisions of this section. 11-4-770 Commissioner-Jurisdiction and authority. The commissioner shall have jurisdiction and authority over the sources of any matter, material or substance likely to be scattered by the wind or susceptible to becoming airborne or a contributing factor to air pollution and shall have authority to issue an emergency or non-emergency cessation order or an emergency or non-emergency abatement order in accordance with the provisions of section 11 -4-025 of this Code to any person who caused the windborne nuisance, and to instigate prosecutions for violations of any provision of this chapter or any other chapter of this Code relating to the eradication or control of matter susceptible to being windborne. For the purpose of minimizing air pollution, the commissioner may prescribe, by rules and regulation, reasonable, specific operating and maintenance practices for buildings, structures, premises, open areas, automobiles and/or truck parking and sales lots, private roadways, rights-of-way, storage piles of materials, yards, vessels, vehicles, construction, sandblasting, alteration, building, demolition or wrecking operations and any other enterprise which has or involves any matter, material or substance susceptible to being windborne and for the handling, transportation, disposition or other operation with respect to any material subject to being windborne. 11 -4-780 Refuse burning, municipal waste-burning equipment and municipal waste-burning ~ prohibited. (a) It shall be unlawful to burn refuse, garbage or other debris in any boiler or any unit which has not been specifically designed for that purpose and for which an effective certificate of operation has not been issued. (b) It shall be unlawful to install or replace a municipal waste incinerator in the City of Chicago and the burning of municipal waste in any incinerator shall be strictly prohibited except when required by state or federal law; provided, however, the prohibition in this section shall not apply to facilities that convert waste to fuel, steam, electricity, energy, or other resources in a properiy-permitted facility. (c) All existing municipal waste incinerators in the city must be removed or rendered inoperable and certified as such by the department of environment An incinerator will not be certified as "inoperable" until all ofthe following have occurred: (1) The fuel and electricity are permanently disconnected. (2) The stack, vent, bndge wall, or exhaust is disconnected, blocked and sealed off or permanently removed. 67572 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (3) The interior of the incinerator shall be cleared and cleaned of all residue and debris. (4) The door to the incinerator is welded shut or otherwise permanently closed. (5) The owner or operator of the incinerator notifies the department of environment in writing that the above four requirements have been satisfied. (d) The department of environment shall inspect and certify whether the requirements in section (c) have been met. Upon approval, the department of environment shall provide written certification to the owner or operator that the incinerator has been rendered inoperable or removed. (e) The commissioner shall have authority to promulgate rules and regulations regarding the closure requirements set forth in paragraph (c). Part D. Enforcement and Penalties. 11-4-790 Monitoring and inspections of a regulated equipment or area. (a) Testing by the commissioner. If the commissioner has evidence of a violation of any emission limitation contained in or incorporated by reference in this article, the commissioner may conduct, or cause to be conducted, any test on any regulated equipment or area, with a potential to emit air pollution, to determine the extent of actual or potential emissions from such regulated equipment or area. The owner or operator of a regulated equipment or area shall enable the commissioner to take all such tests. This may include, but is not limited to, providing the commissioner with any necessary (i) access to, and into, all parts and elements of the regulated equipment or area, such as ducts, vents or machine parts; and (ii) assistance in gaining access to any part or element of the regulated equipment or area, including, but not limited to, providing ladders, scaffolding or platforms. Any test to be conducted on the premises where such regulated equipment or area is located shall be made during reasonable hours, after written notice to, and with the cooperation of, the owner or operator of the regulated equipment or area. Test ports are required on all process equipment and incinerators. (b) Stack Testing. If the commissioner has evidence of a violation of any emission limitation contained in or incorporated by reference in this article, the commissioner may request any owner or operator to whom a certificate of operation has been issued to perform a stack test at no cost to the city to demonstrate compliance with all applicable environmental regulations. The owner or operator of any regulated equipment or area shall provide, upon request by the department and without charge to the city, necessary holes in stacks, ducts and other safe and proper testing facilities, including scaffolding, but excluding instruments and sensing devices as may be necessary for the conduct of a stack test. (c) Costs of testing by the commissioner. If tests conducted at the direction of the commissioner pursuant to this section confirm that emissions from a regulated equipment or area are in violation of this article, the cost ofthe tests and associated calculations shall be paid by the owner, operator or permittee ofthe subject regulated equipment or area. The costs ofthe test shall be a debt owing the city. This debt shall be collectible in the same manner as any other personal 7/29/2009 REPORTS OF COMMITTEES 67573 liability. (d) Testing and reporting required by owner or operator. If the commissioner has evidence of a violation of any emission limitation contained in or incorporated by reference in this article, the commissioner may require that the owner or operator or other person responsible for a regulated equipment or area in the city to conduct or cause to be conducted any monitoring of,. and tests on, any regulated equipment or area as is necessary to determine the extent of actual or potential emissions from such regulated equipment or area. The commissioner may require any owner or operator of a regulated equipment or area to provide all journals, logs, reports, summaries, evaluations and other information as is necessary to determine the extent of actual or potential emissions from such regulated equipment or area. (e) Inspections. The commissioner, orany person acting on behalf of the commissioner, may enter and inspect any structure, establishment, premises or other place for the purpose of enforcing and administering this article or any order, regulation or rule issued pursuant to this article. (f) Denial of inspection access. If any person in any way denies, obstructs or hampers any entrance or refuses to provide requested information during inspection by the commissioner, the commissioner may withhold or revoke the air pollution control permit and/or certificate of operation for the subject regulated equipment or area owned or operated by the person denying, obstructing or hampering such entrance or inspection. 11-4-800 Enforcement (a) Rules and regulations. The commissioner may issue rules and regulations to implement the provisions of this article. (b) Abatement orders. Upon finding a violation of any emission limitation, performance standard or permit requirement set forth in this chapter or any air pollution control permit or certificate of operation condition imposed by the commissioner pursuant to this article, the commissioner may issue an emergency or non-emergency cessation order or an emergency or non-emergency abatement order in accordance with the provisions of section 11 -4-025 of this Code to any person who causes such violation. Such cessation or abatement order may be in addition to the administrative proceedings, fines and penalties herein provided. (c) Dilution or concealment of emissions prohibited. It shall be unlawful for any person to build, erect, install, use or alter any article, machine, equipment or other contrivance that dilutes, reduces or conceals an emission without reducing the quantity of pollutants released into the atmosphere and which, in its unaltered condition, would constitute a violation of Sections 11-4-700, 11-4-720, or 11-4-730 of this article. (d) Duty to instruct Failure of any person as owner or agent, operator, member of any operating crew, engineman, fireman, janitor or a person in any other capacity to comply with any provision of this chapter shall be deemed a violation of this article and shall be subject to the fines and penalties as hereinafter provided. It shall be the duty of owners or agents of any regulated equipment or area to instruct or cause to be instructed, the operators, operating crews, enginemen, 67574 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 firemen, hostlers, janitors or any other person operating such regulated equipment or area about the proper operation of such regulated equipment or area. (e) Defect Notice. The commissioner may issue defect notices to persons operating any regulated equipment or area in violation of any requirement of this chapter or any condition imposed pursuant to the provisions of this article. Nothing in this section shall require the commissioner to issue a defect notice prior to commencing other legal or administrative action except as provided in subsection (b) of this section. (f) Remedy for injury. Nothing in this chapter shall be construed to impair any cause of action or legal remedy therefore, of any person for injury or damage arising from the discharge, emission or release into the atmosphere from any source whatsoever of such quantities of smoke, soot, fly ash, dust, cinders, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors, odors, toxic or radioactive substances, waste, particulate solid, liquid or gaseous matter or any other materials in such place, manner or concentration as to constitute air pollution. 11-4-810 Fines. (a) In addition to any penalty imposed by Section 11 -4-800 of this article, and in addition to permanent or temporary injunctive relief that the city may seek in the Circuit Court of Cook County, whenever the commissioner determines that a facility is in violation of any term or condition of an air pollution control permit, certificate of operation, any section of this article, or any regulation promulgated pursuant to this article, the following penalties shall apply: (1) Any owner or operator of any regulated equipment or area who fails to comply with the requirement to timely submit to the department a complete self-certification form as required in section 11-4-690 of this Code, shall be fined not less than $1,000.00 nor more than $5,000.00; (2) Any owner or operator who violates the terms or conditions of any air pollution control permit or certificate of operation provided in this article or rules and regulations promulgated thereunder or imposed by the commissioner pursuant to section 11 -4-630 or section 11 -4-670 of this Code, shall be fined not less than $1,000.00 nor more than $5,000.00; (3) Any person who operates any regulated equipment or area without an air pollution control permit required under section 11-4-620 of this Code or a certificate of operation required under section 11-4-660 of this Code, shall be fined not less than $1,000.00 nor more than $5,000.00; (4) Any owner or operator of any regulated equipment or area who fails to post an air pollution control permit as required in subsection (b) of section 11-4- 620 of this Code or a certificate of operation as required in subsection (c) of section 11-4-660 of this Code shall be fined not less than $200.00 nor more than $500.00; (5) Any person who violates section 11-4-780 of this Code shall be fined not 7/29/2009 REPORTS OF COMMITTEES 67575 less than $5,000.00 nor more than $10,000.00; (6) Any person who causes or allows air pollution in violation of section 11-4- 730 of this Code or, any person who violates the substantive emission standards provided in Part C of this article or any regulation promulgated thereunder, shall be fined not less than $1,000.00 nor more than $5,000.00; and (7) Any person who violates any of the provisions of this article or any regulation promulgated thereunder, unless a different fine is imposed pursuant to this section, shall be fined not less than $1,000.00 nor more than $5,000.00. (b) Each day of any violation of the provisions of this article shall constitute a separate and distinct offense, and for each such violation the fines imposed in subsection (a) above shall be assessed per day. SECTION II. Chapter 11-4 of the Municipal Code of Chicago is hereby amended by deleting the language stricken through and by inserting the language underscored, as follows: 11-4-120 Definitions. Except as otherwise defined for purposes of a specific subsection, section, article or chapter in this Title 11. whenever the following words and phrases are used in this Title 11. they shall have the meanings ascribed to them in this section: (Omitted text is unaffected by this ordinance) "Air contaminant" means any smoke, soot, fly ash, dust, cinders, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors, odors, toxic or radioactive substances, waste, particulate, solid, liquid or gaseous matter or any other materials in such place, manner or concentration as to cause injury, detriment, nuisance or annoyance to the public, or to endanger the health, safety or welfare of the public or as to cause or have a tendency to cause injury or damage to business or property. "Air furnace" means a horizontal furnace, externally fired with a natural draft stack, which is used to melt or treat ferrous materials for production of castings. "Air jets" means any apparatus operated by steam or compressed air or a mechanically driven blower for the purpose of causing high velocity air to be introduced into a furnace and to cause a more complete mixture of oxygen with the gases of combustion above the fuel bed. "Air quality standard" means ambient air quality goal established for the purpose of protecting the public health and welfare. "Animal and rtiarine matter" means any product or derivative of animal life. 67576 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Omitted text is unaffected by this ordinance) Atmosphere. See definition of "open air". "Atmospheric pollution" means the discharging from stacks, chimneys, exhausts, vents, ducts, openings, buildings, structures, premises, open fires, portable boilers, vehicles, processes or any other source of any smoke, soot, fly ash, dust, cinders, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors, odors, toxic or radioactive substances, waste, particulate, solid, liquid or gaseous matter or any other materials in such place, manner or concentration as to cause injury, detriment, nuisance or annoyance to the public or to endanger the health, comfort, repose, safety or welfare of the public or in such a manner as to cause or have a natural tendency to cause injury or damages to business or property. "Atmospheric pollution source" means any and all sources of emission of atmospheric pollution, whether privately or publicly owned or operated. Without limiting the generality of the foregoing, this term includes all types of business, commercial and industrial plants, works, shops and stores, and heating power plants and stations, building and other structures of all types, including single and multiple-family residences, apartment houses, office buildings, hotels, restaurants, schools, hospitals, churches and other institutional buildings, automobiles, trucks, tractors, buses and other motor vehicles, garages, vending and service locations or stations, railroad locomotives, ships, boats and other waterborne craft, portable fuel-burning equipment, incinerators of all types both indoor and outdoor, refuse dumps and piles and all stack and other chimney outlets from any of the foregoing. (Omitted text is unaffected by this ordinance) "Automobile and/or truck sales lot" means any land area used or intended to be used for the display or sale of passenger automobiles or commercial vehicles. (Omitted text is unaffected by this ordinance) "Control apparatus" means any device which prevents, eliminates or controls the emission of any air contaminant (Omitted text is unaffected by this ordinance) "Domestic heating plant" means a plant generating heat for a single-family residence, or for two residences either in duplex or double-house form or for multiple-dwelling units in which such plant serves fewer than four apartments. Under this designation are also hot water heaters, stoves and space heaters used in connection with the foregoing establishments, or to heat shacks and other temporary buildings, such as used by the railroad and construction industries; provided, however, that like equipment used in multiple-dwelling units other than herein described, or used in permanent buildings of commercial or industrial establishments are not to be construed to be included underthis designation. (Omitted text is unaffected by this ordinance) 7/29/2009 REPORTS OF COMMITTEES 67577 "Equipment." See definition of "Process or process equipment." (Omitted text is unaffected by this ordinance) "Fumes" means gases, vapors or particulate matter that are of such character as to cause atmospheric pollution. (Omitted text is unaffected by this ordinance) "Noxious acids" means anhydrous or hydrous acid forms in concentration high enough to be toxic, to cause atmospheric pollution or to constitute a nuisance as defined in this chapter. (Omitted text is unaffected by this ordinance) "Particulate matter" means material, other than water, which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid. (Omitted text is unaffected by this ordinance) "Smoke" means small gas-borne particles other than water that form a visible plume in the air from a source of atmospheric pollution. (Omitted text is unaffected by this ordinance) 11-4-360 Enforcement-Interference with inspection. The commissioner, or anyone authorized to act for him, in the performance of his duties and for the purpose of enforcing and administering this chapter or any order, regulation or rule promulgated pursuant thereto, or for the purpose of obtaining facts with respect to any complaint or noncompliance, is hereby authorized and empowered to enter into any building, structure, establishment, premises or enclosure or other place at all reasonable hours for the purpose of inspecting any fuel-burning, combustion or process equipment or devices situated herein; or to stop, detain and inspect any portable boiler or vehicle any regulated equipment, area, site, or facility: and shall collect and preserve any and all evidence pertaining to any alleged violation of any provision of this chapter. If any person in any way denies, obstructs or hampers such entrance or inspection or refuses to provide requested information during inspection, the commissioner is hereby authorized to refuse the issuance of any certificate or permit for any fuel-burning, combustion or process regulated equipment^ or device area, site, or facility with respect to which entrance or inspection has been denied in the event one has not been issued; or to revoke any outstanding certificate or permit issued for such regulated equipment, or device area, site, orfacilitv. 11-4-500 Prosecution for violations. Prosecutions under this chapter shall be instituted by the commissioner and shall be prosecuted in the name of the city. The issuance and delivery by the commissioner of any permit, certificate for installation, erection, construction, reconstruction, repair, alteration or addition thereto of any fuel-burning. 67578 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 combustion or process equipment or device, or any appurtenance thereto, or certificate for use or operation of any such property, or permit to maintain an open fire, or permit to operate any portable boiler or vehicle shall not be held to exempt any person to whom any such permit or certificate has been issued or delivered, orwhoisin possession of any such permit or certificate, from prosecution on account of the emission of smoke, particulate or other matter in violation of this chapter, caused orpermitted by any such person or persons, or any other violation of the provisions of this chapter by such person or persons. 11-4-2150 Environmental standards related to the demolition, renovation, asbestos abatement and maintenance, sandblasting, chemical washing, and grinding of buildings, facilities or other structures. (Omitted text is unaffected by this ordinance) (b) Definitions. For purposes of this section, the following terms shall have the following meanings: (Omitted text is unaffected by this ordinance) Asbestos containing material (ACM) means any material or product that contains more than one percent or more asbestos as determined by weight or volume, or by using the methods specified in Title 40, Part 763, Subpart E, Appendix E, Section 1 ofthe Code of Federal Regulations (C.F.R.), or by weight, volume test method EPA-600/M4-82-020. or other analytical method acceptable to the commissioner. It also means any material contaminated with particles, fibers, or dust from asbestos containing material. Building means a structure, or part thereof, enclosing any occupancy including residential, institutional, assembly, business, mercantile, industrial, storage, hazardous and miscellaneous uses. When separated by fire walls, each unit so separated shall be deemed a separate building. Chemical washing means the application or use of any hazardous substance, petroleum product or corrosive material chemical, acid or base, upon any building, facility, other structure or architectural surface forthe purpose of cleaning, dissolving, lifting, pealing peeling or removing any paint, corrosion, coloration or weathering. (Omitted text is unaffected by this ordinance) Facility means the exterior surface or interior space of any institutional, commercial, public, industrial or residential structure, installation or building (including any structure, installation or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer than two dwelling units); any ship; and any active or inactive waste disposal site. For purposes of this definition, any building, structure or installation that contains a loft used as a dwelling is not considered a residential structure, installation or building. 7/29/2009 REPORTS OF COMMITTEES 67579 Friable ACM means any material containing one percent or more asbestos using the methods specified in Title 40, Part 763, Subpart E, Appendix C, Section 1, of the Code of Federal Regulations (C.F.R.), or by weight, volume, or other analytical method acceptable to the commissioner ACM that, when dry, can be crumbled, pulverized or reduced to powder by hand pressure. Grind or grinding means to reduce matter, including but not limited to brick, mortar or concrete, to powder or small fragments by mechanical means including rubbing, abrading, chipping, drilling, crushing or pulverizing. The term "grind" or "grinding" includes, but is not limited to. the removal of joints in a preparation for tuckpointinq. (Omitted text is unaffected by this ordinance) Manual deconstruction means a systematic disassembly of the components of a building, facility, or other structure in order to achieve economic and environmental benefits such as the reuse of such components for a new construction and the prevention of the emission or dispersion of dust. Nonfriable ACM means any material containing one percent or more asbestos using the method specified in Title 40, Part 763, Subpart C, Appendix C, Section 1, of the Code of Federal Regulations (C.F.R.), or by weight, volume or other analytical method acceptable to the commissioner ACM that, when dry, cannot be crumbled, pulverized or reduced to powder by hand pressure. Open and unsecured building, facility, or other structure means any building, facility or other structure that is accessible by the general public through any missing or unsecured exterior door or window (outside of normal operating hours for businesses) or through any missing, damaged or unsecured portion of any exterior wall or roof. Owner or operator means (1) any person who owns, leases, operates, controls, manages or supervises any building, facility or other structure (or any portion thereof); or (2) any person who is performing or has performed any activity regulated under this article at any facility, building or other structure, or both. The term "owner or operator" includes, but is not limited to. any person having legal title to any building, facility or other structure (or any portion thereof), with or without accompanying actual possession thereof (Omitted text is unaffected by this ordinance) 11-4-2160 Powers and duties ofthe commissioner. (a) In addition to all other powers and authority generally afforded the commissioner of environment elsewhere under the Municipal Code, the commissioner shall have the following specific powers and responsibilities under this article: (1) to inspect, sample, or test buildings, facilities, architectural surfaces, or other structures for the purpose of determining compliance with the provisions of this article; 67580 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (2) to undertake asbestos inspection of (i) any building, facility brother structure which is being demolished; (ii) any building, facility or other structure where interior renovation is being conducted; and (iii) any building, facility or other structure which was built before 1980. f2)(3J to abate public nuisances created by the demolition, renovation, alteration, repair, cleaning or maintenance of buildings, facilities, architectural surfaces, or other structures in violation of or noncompliance with the provisions of this article; and (3)(4} to take any other actions, including but not limited to, instituting any legal proceedings or administrative actions required to assure compliance with the provisions of this article. In addition, the commissioner is authorized to take any abatement actions deemed necessary in accordance with the provisions of Section 11-4-025 of this Code. (Omitted text is unaffected by this ordinance) 11 -4-2170 Demolitions and renovations: permit and notification requirements; performance standards for asbestos abatement; control and disposal of dust and debris. (a) Demolition of buildings, facilities or other structures: notice of intent to demolish required. No demolition of a building, facility or other structure shall be initiated within the city of Chicago unless a written notice of intent to demolish, accompanied by the environmental review fee required by this section, has been filed with, and approved by, the department of environment at least ten working days prior to the commencement of demolition. The ten working day period shall not apply if the building, facility or other structure to be demolished has been found to be structurally unsound and in danger of imminent collapse by the building commissioner or state authority or court of competent jurisdiction; provided, however, any person or contractor demolishing such building, facility or other structure shall file a written notice with the department of environment regarding such demolition as soon as practicable, and must have a properiy licensed asbestos abatement contractor on site during the demolition. (1) Notice contents: The notice of intent to demolish shall be in such form as prescribed by the commissioner. The owner(s) of any building, facility or other structure to be demolished shall sign the notice of intent to demolish together with any contractor or other person retained or otherwise authorized by the owner(s) to perform the demolition. At a minimum, the notice of intent to demolish shall include the following information: (Omitted text is unaffected by this ordinance) (iv) A sworn statement signed by each applicant that discloses whether the demolition will occur at a facility building containing asbestos. If the demolition will occur at a faettity building containing asbestos, the sworn statement shall include a representation that the applicants will comply with the performance standards and disposal requirements set forth in subsections (d) and (e) of this section; (Omitted text is unaffected by this ordinance) (2) Permits available for review Posting permits: Copies of the The demolition 7/29/2009 REPORTS OF COMMITTEES 67581 permit required pursuant to Subpart 13-9-010 Section 13-32-010 of the building this code to demolish must be posted in a conspicuous place at the demolition site and must be made available to city inspectors upon request. (b) Demolition and renovation safeguards. The owner(s) of any building, facility, or other structure to be demolished or renovated and any contractor or other person retained or otherwise authorized by the owner(s) to perform the demolition or renovation activity shall be responsible for assuring that the following safeguards are utilized to minimize the emission of airborne dust: (1) Adequate wetting to prevent the emission or dispersion of dust shall be employed before and during any demolition or renovation activity; provided, however, if outside temperature causes water to freeze and wetting is not possible, the demolition or renovation activity shall be performed in such a way that does not cause the emission or dispersion of dust, including but not limited to. manual deconstruction. (2) All debris from any demolition or renovation activity shall be removed from the building, facility, or other structure through dust-tight chutes or by lowering it in buckets or containers and no debris shall be dropped or thrown from any floor. All debris shall be adequately wetted to prevent dust emission or dispersion at the point it exits a dust-chute or reaches the ground. (3) All debris from any demolition or renovation activity shall be adequately wetted before loading into trucks, vehicles, or other containers. During transport, all such debris shall be enclosed or covered to prevent dust emissions. (4) All dust and debris from any demolition or renovation activity shall be removed daily from adjacent streets, sidewalks and alleys unless otherwise directed or authorized pursuant to a permit duly issued by the city. (5) Dust created from any use of power hand tools; including, but not limited to. the cutting of concrete or other building materials, shall be minimized through the use of vacuum attachments, water or containerization of the work area. (c) Removal of storage tanks or containers required at time of demolition. No notice of intent to demolish any building, facility or other structure shall be approved by the department unless the person submitting the notice of intent either: (1) provides satisfactory proof that there are no storage tanks or containers (either underground or above ground) on or below the property at which the building, facility or other structure is located; (2) provides documentation that any storage tanks or containers present have been abandoned in place in accordance with the requirements of 15-28-1220; or (3) demonstrates that any storage tanks or containers present conform with all applicable city, state and federal regulations governing the continued use of such tanks or containers. If there are storage tanks or containers present that have not been property abandoned in place or are not in compliance with applicable city, state and federal regulations governing the continued use of such tanks or containers, then approval of the notice of intent to demolish by the department shall include a requirement for the owner to remove all such tanks or containers at the time of demolition of the building, facility or other structure. (d) Disposal of debris from demolitions and renovations. Debris from demolitions or 67582 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 renovations, excluding demolition fill material as defined in 11 -4-2150 which is used exclusively to fill below grade into the existing foundation or excavation area of a building left open by the demolition of said building, constitutes waste as that term is defined in Section 11 -4-120 and shall only be properiy disposed of or recycled at a facility duly licensed to accept such material. (e) Performance standards for facility demolitions or renovations requiring asbestos abatement. (1) Licensed asbestos professionals: No asbestos abatement shall be performed in any facility within the City of Chicago unless all persons performing such abatement work are licensed and approved in accordance with the applicable rules and regulations for licensure established by the State of Illinois in Title 77, Part 855, Subpart B ofthe Illinois Administrative Code, as they may be amended from time to time, which regulations are adopted and incorporated by reference and made a part of this section as if fully set forth herein. (2) Performance standards for asbestos abatement Any asbestos abatement performed in connection with any facility within the City of Chicago shall be performed in accordance with the rules and regulations for asbestos abatement established by the State of Illinois in Title 77, Part 855, Subparts C and D ofthe Illinois Administrative Code, as they may be amended from time to time, which regulations are adopted and incorporated by reference and made a part of this section as if fully set forth herein. (3) Notification required: Any person performing asbestos abatement at any facility within the City of Chicago shall provide the department with notice of the abatement by submitting the following forms, accompanied by the environmental review fee required by this section: (i) a fully completed copy of all notification forms required pursuant to Title 40, Part 61 of the Code of Federal Regulations, entitled "National Emission Standards for Hazardous Air Pollutants (NESHAP)." and Section 855.220 of Title 77, Part 855 of the Illinois Administrative Code; and (ii) in the case of a demolition of a facility with asbestos containing material, a fully completed and signed notice of intent to demolish form, in accordance with subsection (a) of this section. (4) Timing of notifications: (i) A copy of the notification form required pursuant to Section 855.220 of Title 77, Part 855 ofthe Illinois Administrative Code shall be filed with the Department at the same time the notification is required to be provided to the state. (ii) The Notice of intent to demolish shall be made to the department at least ten working days prior to the demolition. The requirement to file the notice of intent to demolish ten working days prior to the demolition shall not apply in the event of a demolition involving a building, facility or other structure that has been found to be structurally unsound and in danger of imminent collapse by a proper city or state authority or court of competent jurisdiction. (f) Rescheduling of demolition starting dates. (1) In the event that any owner or operator intends to begin a demolition at a 7/29/2009 REPORTS OF COMMITTEES 67583 date later than the start date contained in any notification required to be filed under this section, then that person must: (i) notify the department of the new start date that the demolition will not begin on the original start date by telephone or fax as soon as possible before the original start date; and (ii) provide written notification to the department of the new start date no later than the orginal at least ten working days prior to the new start date. (2) In the event that any owner or operator intends to begin a demolition at a date eariier than the start date contained in any notification required to be filed under this section, then that person must provide written notification to the department of the new start date at least ten working days before the demolition work begins. (3) In no event shall a demolition operation begin on a date other than the date contained in the written notice of the new start date unless authorized pursuant to the emergency provisions set forth in Subsection (a) of this section. (g) Permit Environmental review fees. The asbestos environmental review fee stated in subsections (a) and (e)(3) of this section shall be based on the type of structure as follows: Residential structures with four or fewer units . . . $300.00 Residential structures with more than four units . . . 450.00 All other (Nonresidential) structures . . . 600.00 A mixed-use structure shall be assessed at the highest applicable rate. Work performed by or for the city shall not be subject to the fee set forth in this subsection. 11-4-2180 Owner responsibilities for maintenance of asbestos containing material in facilities, buildings, or other structures. (a) Maintenance of ACM in facilities. The owner or operator of any facility shall maintain the facility's ACM at all times so that there is no damaged friable asbestos or ACM in poor condition at, on or within the facility. (b) Hazardous ACM in open and unsecured or abandoned buildings, facilities or other structure; public nuisance. The presence of hazardous ACM in any open and unsecured, or abandoned building, facility or other structure within the city is hereby declared to be a public nuisance, for which the owner or operator of the building, facility or other structure shall be held liable. 11-4-2190 Sandblasting, grinding and chemical washing of buildings, facilities or other structures; permit and notification requirements; performance standards for lead paint abatement; and disposal of debris. The owner(s) of any building, facility or other structure to be sandblasted, ground, or chemically washed and any contractor or other person retained or otherwise authorized by the owner(s) to perform any sandblasting, grinding or chemical washing of any building, facility or other structure shall be responsible for complying with the following requirements: (a) Permits required for sandblasting, grinding or chemical washing of buildings, facilities 67584 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 or other structures. No person shall sandblast, grind or chemically wash any building, facility, structure, statue or other architectural surface without having first been issued a permit by the department: provided, however, no permit shall be required for graffiti removal activities conducted by the department of streets and sanitation. A permit shall be required for each individual building, facility, structure, statue or other architectural surface. (Omitted text is unaffected by this ordinance) (h] Permit fees. The fee for a permit to sandblast, grind or chemically wash any building, structure, statue or other architectural surface shall be $200.00 per building, structure, statue or other architectural surface. The permit fee shall be waived for any unit of federal, state or local government. 11-4-2200 Violations-Public nuisance-Civil penalties-Joint and several liability. (a) Civil penalties. Violation of any of the provisions of this article is hereby declared to be a public nuisance. Any person found to have violated any of the provisions of this article shall be assessed a civil penalty in accordance with the following schedule. Violation Type Residential Residential All Other Structures Structures (Non-Residential) With Four or With More Than Facilities, Fewer Units Four Units Structures or Architectural Surfaces Failure to obtain Not less than Not less than Not less than $2,000.00 and not $5,000.00 and not $5,000.00 and not approveo aemoiiiion permit file a notice of more than $5,000.00 more than more than intent and obtain $10,000.00 $10,000.00 required DOE approval pursuant to Section 11-4-2170{aJ or failure to obtain approved permit pursuant to Section 11-4-2190 Failure to comply Not less than Not less than Not less than with provisions of $2,000.00 and not $5,000.00 and not $5,000.00 and not Subsection more than $5,000.00 more than more than 11-4-2170(6) or $10,000.00 $10,000.00 Subsection 11-4-2190(d) 7/29/2009 REPORTS OF COMMITTEES 67585 Failure to comply Not less than Not less than Not less than with provisions of $2,000.00 and not $5,000.00 and not $5,000.00 and not Subsection more than $5,000.00 more than more than 11-4-2170(b). (c)or $10,000.00 $10,000.00 (d) or Subsection 11-4-2190(b), (c)7-(f) ©Htrt or (f) Failure to comply Not less than Not less than Not less than with provision of $2,000.00 and not $5,000.00 and not $5,000.00 and not Subsections more than $5,000.00 more than more than 11-4-2170(f)(1)(ii), $10,000.00 $10,000.00 11-4-2170m(2), 11- A '^A7{\/(\/'l\ '\nA lr-,\ 4-zl /U(t)(oi ana (q) or Subsection 11-4-2190(6) Failure to comply Not less than iNoi appMcaDic less Not less than with provisions of $2,000.00 and not $2,000.00 and not than $500.00 and not Subsection more than $5,000.00 more than $5,000.00 more than $1,000.00 11-4-2180(3) Failure to comply Not less than Not less than Not less than with provisions of $2,000.00 and not $5,000.00 and not $5,000.00 and not Subsection more than $5,000.00 more than more than 11-4-2180(b) $10,000.00 $10,000.00 Failure to maintain Not less than Not less than Not less than documentation on $250.00 and not $500.00 and not $500.00 and not site required under more than $500.00 more than $1,000.00 more than $1,000.00 Subsection 11-4-2170(a)(2) or Subsection 11-4-2190(a)(2), or failure to comply with subsection 11-4- 2170(f)(1)(i) Providing any Not less than Not less than Not less than information required $5,000.00 and not $5,000.00 and not $5,000.00 and not by Sections more than more than more than 11-4-2150 through $10,000.00 $10,000.00 $10,000.00 11-4-2190 which the providing person either knew or reasonably should have known was false or misleading at the time provided Failure to comply Not less than Not less than Not less than with Section 11 -4- $5,000.00 and not $5,000.00 and not $5,000.00 and not 2195 more than more than more than $10,000.00 $10,000.00 $10,000.00 67586 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Omitted text is unaffected by this ordinance) SECTION III. Chapter 11-4 ofthe Municipal Code of Chicago is hereby amended by adding new Sections 11-4-040, 11-4-1527, and 11-4-2195, as follows: 11-4-040 Permit issuance or renewal - Requirements. (a) In addition to the standards for permit issuance set forth elsewhere in this Chapter, the commissioner may deny an application for an initial or renewal permit or written authorization for the following reasons: (1) where such application does not meet all applicable requirements set forth in the Code; and (2) where the applicant has not paid all fees required by this Code and any outstanding debts owed to the City as debts are defined in subsection (a) of Section 4-4-150 of this Code. (b) Any person whose application for issuance or renewal of a permit is denied may appeal to the commissioner for a hearing on the denial by submitting a written reguest for a hearing within 15 days of the date of the letter denying the permit or the renewal application. The commissioner, or the commissioner's designee, shall commence the hearing within 30 days of receiving a hearing reguest. unless a later date is scheduled with the mutual consent of the parties. Failure to timely reguest a hearing in accordance with this paragraph shall constitute a waiver of the opportunity for a hearing. 11-4-1527 Permit fees. The annual permit fees to operate a sanitary landfill, resource recovery facility, solid waste incinerator, liquid waste handling facility, transfer station, or waste handling facility shall be as follows: Sanitary landfill: 25-acre tract or less $10.000.00 More than 25 acres but less than 50 acres $20.000.00 50 acres or more but less than 75 acres $30.000.00 75 acres or over $40.000.00 Resource recoven/ facility or solid waste incinerator: Design capacity of 250 tons per day or less $5.000.00 Design capacity of more than 250 tons per day but less than 750 tons per day $10.000.00 Design capacity of more than 750 tons per day but less than 1.250 tons per dav..S20.000.00 Design capacity of more than 1.250 tons per day $25.000.00 The City of Chicago shall be exempt from payment of such fees. Liquid waste handling facility fees: 7/29/2009 REPORTS OF COMMITTEES 67587 New or existing facility $15.000.00 Transfer station or waste handling facility fees: New or existing facility $10.000.00 11-4-2195 Spraying of asbestos prohibited - Exceptions. It shall be unlawful within the City of Chicago for any person, firm or corporation to cause or to permit the spraying of any substance containing asbestos, as defined in this article, in or upon any building, structure, column, frame, floor, ceiling or other portion, part or member thereof during its construction, reconstruction, alteration or repair; provided, however, that such enclosed factories, buildings or structures in which the fabrication or manufacture of products containing asbestos is carried on shall not be subject to this provision. SECTION IV. Title 9 of the Municipal Code of Chicago is hereby amended by adding a new section 9-80-095, by deleting the language struck through, and by inserting the language underscored, as follows: 9-80-095 Excessive standing of diesel powered vehicles with the engine running. (a) It shall be unlawful for any person who owns or operates any motor vehicle which is powered by diesel fuel to stand such vehicle with the engine running for more than a total of three minutes within any sixty-minute period. (b) The prohibition of subsection (a) of this section shall not apply to: (1) authorized emergency vehicles while in the course of providing services for which the vehicle is designed and vehicles that are operating equipment or devices used to prevent a safety or health emergency; (2) vehicles used as airport support eguipment. but only when the standing of such vehicles with the engine running is necessary for airport operations related to aircraft movements, airport safety, or airport security; . (3) vehicles or equipment standing with the engine running to operate auxiliary equipment that is required to accomplish the intended use of the vehicle, including, but not limited to. loading, unloading, mixing, controlling of cargo temperature, or operating necessary computer systems on a bus owned by a public transit authority, while in use and not for the convenience of the vehicle's operator: (4) vehicles standing with the engine running for the purpose of service, repair or government inspection, when such standing is required for such service, repair or government inspection; (5) vehicles standing in traffic; (6) vehicles standing with the engine running to supply air conditioning when the outdoor temperature is greater than 80 degrees Fahrenheit orto supply heat when the outdoor temperature is less than 32 degrees Fahrenheit for the operator's or passengers' safety: (7) the operation of an auxiliary power unit or generator set as an alternative to running the main engine of a motor vehicle operating on diesel fuel; 67588 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (8) vehicles standing with the engine running due to mechanical requirements or difficulties over which the operator of the vehicle has no control; and (9) vehicles standing due to the automatic regeneration of diesel particulate filters or pre-shutdown cooling reguired by the engine manufacture. (c) The operator or the registered owner of record of any vehicle standing in violation of this section shall be fined as set forth in Section 9-100-020 of this Code. (d) Any police officer, traffic control aide, other designated member of the police department, parkinq enforcement aide or other person designated by the city traffic compliance administrator, or the commissioner ofthe environment shall have authority to enforce the provisions of this section. 9-76-140 Exhaust system. (a) (1) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke. (2) No person shall use a muffler cutout, by- pass, straight pipe or similar device upon a motor vehicle on a public way. (3) No person shall operate any motor vehicle on any public way with any exhaust system or exhaust system component that is not labeled in accordance with Section 205.169 of Title 40 of the Code of Federal Regulations, indicating that the exhaust system or exhaust system component meets the applicable federal noise emission requirements. For purposes of this subsection (a), the term "straight pipe" shall mean a muffler without baffles or any other noise inhibiting device. (b) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke. No person shall operate at any place in the city any vehicle which generates excessive visible emissions of smoke from the exhaust pipe; provided, however, this prohibition shall not include emissions of water or water vapor from the exhaust pipe which is created during cold weather start-up. 9-100-020 Violation - Penalty. (a) The violation of any provision of the traffic code prohibiting or restricting vehicular standing or parking, or establishing a compliance or automated red light violation, shall be a civil offense punishable by fine, and no criminal penalty, or civil sanction other than that prescribed in the traffic code, shall be imposed. (b) The fines listed below shall be imposed for a violation ofthe following sections ofthe traffic code: (Omitted text is unaffected by this ordinance) 9-80-080(a) 100.00 9-80-080(b) and (c) 25.00 9-80-095 250.00 9-80-110(3) 75.00 7/29/2009 REPORTS OF COMMITTEES 67589 (Omitted text is unaffected by this ordinance) (c) The fines listed below shall be imposed for violation of the following sections of the traffic code: (Omitted text is unaffected by this ordinance) 9-76-140(a) 100.00 9-7G-140(b) —26:00 (Omitted text is unaffected by this ordinance) SECTION V. Title 3 of the Municipal Code of Chicago is hereby amended by adding a new Chapter 3-55, as follows: CHAPTER 3-55. CHICAGO FEE ON NEW TIRES ORDINANCE. 3-55-010 Title. This chapter shall be known and may be cited as the "Chicago Fee on New Tires Ordinance," and the fee imposed by this chapter shall be known as the "Fee on New Tires." 3-55-020 Definitions. When any of the following words or terms are used in this chapter, whether or not capitalized, and whether used in a conjunctive or connective form, they shall have the meaning ascribed to them below: (1) "Department" shall mean the department of revenue of the city or its authorized designee. (2) "Director" shall mean the director of revenue or his or her authorized designee. (3) "Reprocessed tire" means a used tire that has been recapped, retreaded, or regrooved and that has not been placed on a vehicle wheel rim. (4) "Sale at retail" shall mean sale at retail as that term is defined in the Illinois Retailers' Occupation Tax Act, as amended, 35 ILCS 120/1 and following. 3-55-030 Fee on new tires imposed. (a) On and after July 1,2005, any person selling new tires at retail or offering new tires for retail sale in the city shall collect from retail customers a fee of $1.00 per new tire sold at retail and delivered in the city to be paid to the department, less a collection allowance of four cents per tire to be retained by the retail seller. (b) The requirements of this subsection shall apply exclusively to the sale of tires to be used for vehicles defined in Section 1-217 of the Illinois Vehicle Code, aircraft tires, special mobile equipment, and implements of husbandry. 67590 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (c) The requirements of subsection (b) shall not apply to: (1) mail order sales; (2) tires sold as a part of the retail sale of a motor vehicle; or (3) the sale of used or reprocessed tires. (d) The proceeds of the fee imposed by this chapter shall be paid into the treasury of the city, and shall be credited to and deposited in an account to be kept in the corporate fund of the city, for the exclusive purpose of paying costs incurred in connection with the city's regulation of used tires and their effects. 3-55-040 Collection of fees on new tires. (a) Retailers shall collect the fee from the purchaser by adding the fee to the selling price of the tire. The fee imposed by this chapter shall be stated as a distinct item separate and apart from the selling price ofthe tire. The fee imposed by this chapter, and any such fees collected by a retailer, shall constitute a debt owed by the retailer to the city. (b) Each retailer of tires maintaining a place of business in the city shall pay or remit the fee imposed by this chapter to the department in accordance with either Section 3-4-187 (for payment of actual fee liabilities) or Section 3-4-188 (for payment of estimated amounts) of this Code. (c) A fee return shall be required whereon annual fee activity is reported to the department. Such returns shall be filed with the department on an annual basis on or before August 15 of each year in accordance with Sections 3-4-186 and 3-4-189 of this Code. Each return shall state: (1) the name of the retailer; (2) the address of the retailer's principal place of business; (3) total number of non-exempt new tires sold at retail and delivered in the city for the preceding calendar quarter; (4) the amount of fees due; and (5) such other information as the department may reasonably require. (d) Every person required to pay or remit the fee to the department shall keep accurate and complete books and records of its tjusiness or activity, including original source documents, such as purchase orders, invoices and receipts, and other documents listing, summarizing or pertaining to the transactions that gave rise, or may have given rise, to the fee liability or exemption that may be claimed. All such books, records and accounts shall be available for inspection by the department at all reasonable times during business hours of the day. 3-55-050 Applicability of other revenue provisions. Whenever not inconsistent with the provisions of this chapter, the provisions ofthe Uniform Revenue Procedures Ordinance, Chapter 3-4 of this Code, as amended, shall apply to and supplement this chapter, notwithstanding that the fee imposed by this chapter is not a revenue measure. 7/29/2009 REPORTS OF COMMITTEES 67591 3-55-060 Enforcement. (a) The department may adopt and enforce such reasonable rules and regulations relating to the administration and enforcement of the fee imposed by this chapter as may be deemed expedient. (b) The director is hereby authorized to enter into an intergovernmental agreement with the Illinois Department of Revenue, for the Illinois Department of Revenue to collect the fee imposed by this chapter, and to administer and enforce the provisions of this chapter, and pursuant to such terms and conditions as are customary in such agreements. (c) Any person who violates any provision of this chapter shall be fined not less than $500.00 and not more than $1,000.00 for each offense. SECTION VI. Severability. If any provision of this ordinance, the application of any provision of this ordinance or the imposition of this fee on any particular transaction, person or item of tangible personal property is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this ordinance or their application to other transactions, persons or items of tangible personal property. It is the express intention of the city council that each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this ordinance. It is also the express intention of the city council that if any exemption contained in this ordinance is held unconstitutional or otherwise invalid, then this ordinance shall be applied as if such exemption had not been enacted. SECTION VII. Chapter 11-4 of the Municipal Code of Chicago is hereby amended by repealing Sections 11-4-130,11 -4-142,11 -4-160,11 -4-170,11 -4-210,11 -4-240,11 -4-260 through 11-4-300,11-4-340,11-4-350,11-4-390 through 11-4-430,11-4-450,11-4-460,11-4-480,11-4-530, 11 -4-640, 11 -4-1000, and 11 -4-1010, in their entirety. SECTION VIII. This ordinance shall take effect upon passage and approval. 67592 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 COMMITTEE ON HISTORICAL LANDMARK PRESERVATION. APPOINTMENT OF YVETTE M. LE GRAND AS A MEMBER OF COMMISSION ON CHICAGO LANDMARKS. [A2009-54] The Committee on Historical Landmark Preservation submitted the following report; CHICAGO, July 28, 2009. To the President and Members of the City Council: Your Committee on Historical Landmark Preservation held its meeting on July 27, 2009 to consider a communication from the Honorable Richard M. Daley, Mayor, appointing Yvette M. Le Grand as a member of the Commission on Chicago Landmarks, and having had the same under advisement, begs leave to report and recommend that your Honorable Body Approve the appointment recommended herewith. Respectfully submitted, (Signed) ANTHONY BEALE, Chairman. On motion of Alderman Beale, the Committee's recommendation was Concurred In and the said proposed appointment of Yvette M. Le Grand as a member of the Commission on Chicago Landmarks was Approved by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Muiioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. 7/29/2009 REPORTS OF COMMITTEES 67593 REAPPOINTMENTS OF JOHN W. BAIRD, PHYLLIS M. ELLIN, CHRISTOPHER R. REED, EDWARD TORREZ, BENJAMIN H. WEESE AND ERNEST C. WONG AS MEMBERS OF COMMISSION ON CHICAGO LANDMARKS. [A2009-55] The Committee on Historical Landmark Preservation submitted the following report: CHICAGO, July 28, 2009. To the President and Members ofthe City Council: Your Committee on Historical Landmark Preservation held it meeting on July 27, 2009 to consider a communication from the Honorable Richard M. Daley, Mayor, reappointing John W. Baird, Phyllis M. Ellin, Christopher R. Reed, Edward Torrez, Benjamin H. Weese and Ernest C Wong as members ofthe Commission on Chicago Landmarks, and having had the same under advisement, begs leave to report and recommend that Your Honorable Body Approve the appointments recommend herewith. Respectfully submitted, (Signed) ANTHONY BEALE, Chairman. On motion of Alderman Beale, the Committee's recommendation was Concurred In and the said proposed reappointments of John W. Baird, Phyllis M. Ellin, Christopher R. Reed, Edward Torrez, Benjamin H. Weese and Ernest C Wong as members ofthe Commission on Chicago Landmarks were Approved by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai,.Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. 67594 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 DESIGNATION OF AMERICAN BOOK COMPANY BUILDING AS CHICAGO LANDMARK. [02009-4251] The Committee on Historical Landmark Preservation submitted the following report: CHICAGO, July 28, 2009. To the President and Members of the City Council: Your Committee on Historical Landmark Preservation held its meeting on July 27, 2009 to consider an ordinance recommending that the American Book Company Building at 320 East Cermak Road/2132 South Calumet Avenue be designated a Chicago landmark, and having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. Respectfully submitted, (Signed) ANTHONY BEALE, Chairman. On motion of Alderman Beale, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed; WHEREAS, Pursuant to the procedures set forth in the Municipal Code of Chicago (the "Municipal Code"), §§ 2-120-130 through -690, the Commission on Chicago Landmarks (the "Commission") has determined that the American Book Company Building, located at 320 East Cermak Road/2131 South Calumet Avenue, as more precisely described in Exhibit 1 attached hereto and incorporated herein (the "Building"), meets three criteria for landmark designation as set forth in § 2-120-620 (1), (4) and (7) of the Municipal Code; and 7/29/2009 REPORTS OF COMMITTEES 67595 WHEREAS, The Building exemplifies the history of the American Book Company, the builder of the Building, as a nationally-significant textbook publisher with strong historic ties to the City of Chicago; and WHEREAS, The Building, through its historic associations with the American Book Company, exemplifies the importance of the publishing and printing industries to the economic history of Chicago and the Near South Side neighborhood; and WHEREAS, The Building exemplifies the historic development of prominently-located industrial buildings along important streets, as part of the City Beautiful Movement and the Plan of Chicago of 1909; and WHEREAS, The Building is a distinguished example of an eariy 20'^ century modern industrial building, a building type of importance in the history of Chicago architecture; and WHEREAS, The Building possesses fine detailing and craftsmanship executed in a variety of historic building materials, including red brick used for walls, handsomely-detailed limestone lintels and belt courses, and terra cotta ornament; and WHEREAS, The Building features a high-quality historic interior with a foyer and vaulted lobby designed in the Arts and Crafts style; and WHEREAS, The Building is the work of architect North Max Dunning, a significant architect in the Midwest, who designed a number of prominent buildings in Chicago; and WHEREAS, The Building, with its distinctive three-story tower and prominent location on Cermak Road at its intersection with Dr. Martin Luther King, Jr. Drive, has been recognized as a familiar visual feature on the Near South Side of Chicago since 1912; and WHEREAS, The Building retains more than sufficient physical integrity to express its "historic, community, architectural, or aesthetic interest or value" as required by § 2-120-630 of the Municipal Code, through its site, context, and overall design quality. The Building retains the great majority of its historic materials, design, and detailing to convey its architectural and historic value; and Be It Ordained by the City Council of the City of Chicago: SECTION 1. The above recitals are expressly incorporated in and made a part of this ordinance as though fully set forth herein. SECTION 2. The Building is hereby designated as a Chicago landmark in accordance with the provisions of the landmarks ordinance and the rules and regulations adopted by the Commission. SECTION 3. The significant historical and architectural features of the Building, for the purposes of § 2-120-740 of the Municipal Code, are all exterior elevations, including rooflines and all elevations of the tower, of the original 1912 Building; and the main entrance foyer and lobby, including but not limited to the vaulted lobby ceiling, marble staircase, and balustrade (as depicted on Exhibit 2). 67596 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 SECTION 4. The Commission is hereby directed to create a suitable plaque appropriately identifying said landmark and to affix the plaque on or near the property designated as a Chicago landmark in accordance with the provisions of § 2-120-700 ofthe Municipal Code. SECTION 8. The Commission is directed to comply with the provisions of § 2-120-720 of the Municipal Code, regarding notification of said designation. SECTION 9. This ordinance shall take effect upon its passage and approval. [Exhibit 2 referred to in this ordinance printed on page 67597 of this Journal.] Exhibit 1 referred to in this ordinance reads as follows; Exhibit 1. American Book Company Building Property Description. Legal Description; Parcel 1. Lots 8 and 9 in Block 24 in Guriey's Subdivision of Blocks 24 to 28, both inclusive, in the Assessor's Division ofthe southwest quarter of Section 22, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. Parcel 2. The east half ofthe north/south vacated alley, lying west of and adjoining Lots 8 and 9 in Block 24 in Guriey's Subdivision aforesaid, in Cook County, Illinois. Addresses Commonly Known As; 320 East Cermak Road/2132 South Calumet Avenue. Permanent Index Number: 17-22-321-014-0000. 7/29/2009 REPORTS OF COMMITTEES 67597 Exhibit 2. American Book Company Building First Floor Plan. ^m -^-^Ar^ _i. D ° 5 2 P~l T-rr^ ^1 67598 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 DESIGNATION OF GILES-CALUMET DISTRICT AS CHICAGO LANDMARK. [02009-4252] The Committee on Historical Landmark Preservation submitted the following report; CHICAGO, July 28, 2009. To the President and Members of the City Council: Your Committee on Historical Landmark Preservation held its meeting on July 27, 2009 to consider an ordinance recommending that the Giles-Calumet District: 3112 - 3438 South Giles Avenue (evens), 3113 - 3443 South Giles Avenue (odds), 3735 - 3849 South Giles Avenue (odds), 3800 - 3848 South Calumet Avenue (evens), 3831 - 3849 South Calumet Avenue (odds), 300 - 312 East 38'^ Street (evens) and 301 - 319 East 38"^ Street (odds) be designated a Chicago landmark, and having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. Respectfully submitted, (Signed) ANTHONY BEALE, Chairman. On motion of Alderman Beale, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows. Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed: WHEREAS, Pursuant to the procedures set forth in the Municipal Code of Chicago (the "Municipal Code"), §§ 2-120-130 through -690, the Commission on Chicago Landmarks (the "Commission") has determined that the Giles-Calumet District, predominantly the 3700 and 3800 blocks of South Giles Avenue, the 3800 block of South Calumet Avenue, and the 300 block of East 38'^ Street, as more precisely described in Exhibits A and B attached hereto and incorporated herein (the "District"), meets four criteria for landmark designation as set forth in § 2-120-620 (1), (4), (5) and (6) ofthe Municipal Code; and 7/29/2009 REPORTS OF COMMITTEES 67599 WHEREAS, The District exemplifies the high-quality residential architecture constructed in Chicago's neighborhoods in general, and the South Side in particular, during the late 19'^ and eariy 20"^ centuries; and WHEREAS, The District is a visually-distinctive group of single-family houses, row houses, and small flat buildings built between 1885 and 1923; and WHEREAS, The District is distinctive for its examples of architectural styles of importance in the history of Chicago architecture, including Italianate, Queen Anne, Richardsonian Romanesque, Flemish Revival, and Colonial Revival; and WHEREAS, The District contains an unusual grouping of row houses, a building type of importance to Chicago architectural history; and WHEREAS, The row houses at 3801 through 3829 South Giles Avenue are designed in the Flemish Revival architectural style, rare and visually distinctive in the context of Chicago neighborhood architecture; and WHEREAS, The District's buildings exhibit fine detailing and craftsmanship in a variety of traditional building materials, including brick, stone and decorative metal; and WHEREAS, The District contains buildings by several architects of significance to Chicago architectural history, including John Turner Long, Charies M. Palmer and the firm of Michaelsen & Rognstad; and WHEREAS, The District is distinctive for its cluster of five groups of masonry row houses, one ofthe best such collections in Chicago; and WHEREAS, Through the consistent scale, setting, setbacks, overall design, use of materials, and detailing of its buildings, the District exemplifies the development of Chicago's Douglas neighborhood during the late 19'^ and eariy 20'^ centuries; and WHEREAS, The District retains more than sufficient physical integrity to express its "historic, community, architectural, or aesthetic interest or value" as required by § 2-120-630 of the Municipal Code, through its location, setting, context, design, workmanship and materials; and WHEREAS, On April 2, 2009, the Commission adopted a resolution recommending to the City Council of the City of Chicago that the Giles-Calumet District be designated as Chicago landmark; and WHEREAS, The Commission's recommendation to the City Council included additional guidelines to be used pursuant to § 2-120-740 of the Municipal Code governing the review of permit applications; now, therefore. Be It Ordained by the City Council of the City of Chicago: SECTION 1. The above recitals are expressly incorporated in and made a part of this ordinance as though fully set forth herein. 67600 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 SECTION 2. The District is hereby designated as a Chicago landmark in accordance with § 2-120-700 of the Municipal Code. SECTION 3. The significant historical and architectural features of the District shall be defined as: a) For the purposes of § 2-120-740 of the Municipal Code governing permit review, all exterior elevations, including rooflines, visible from public rights-of-way. b) Forthe purposes of § 2-120-825 ofthe Municipal Code specifically and only governing permits for demolition, all exterior elevations and roofs of each building and row house. SECTION 4. The Commission is hereby directed to create a suitable plaque appropriately identifying said landmark and to affix the plaque on or near the property designated as a Chicago landmark in accordance with the provisions of § 2-120-700 of the Municipal Code. SECTION 5. The Commission is directed to comply with the provisions of § 2-120-720 of the Municipal Code, regarding notification of said designation. SECTION 6. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any of the other provisions of this ordinance. It is the legislative intent of the City Council that this ordinance designating the Giles-Calumet District as a Chicago landmark would have been adopted had such invalid or unenforceable provision not been included in the ordinance. SECTION 7. This ordinance shall take effect upon its passage and approval. Exhibits "A" and "B" referred to in this ordinance read as follows; Exhibit "A". Giles-Calumet District Address Ranges. 3112 - 3438 South Giles Avenue (evens); 3113 - 3443 South Giles Avenue (odds); 3735 - 3849 South Giles Avenue (odds); 3800 - 3848 South Calumet Avenue (evens); 3831 - 3849 South Calumet Avenue (odds); 300 - 312 East 38" Street (evens); 301 - 319 East 38'^ Street (odds). 7/29/2009 REPORTS OF COMMITTEES 67601 Boundary Description The Giles-Calumet District consists of the properties within the following boundaries: starting at a point on the east line of South Giles Avenue and the north line of Lot 16 in J.B. Valliquette's Subdivision of the northeast quarter of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East of the Third Principal Meridian; then south along aforesaid east line of aforesaid South Giles Avenue to the north line of the east/west alley lying south of Lot 45 in the Lancaster Estate Subdivision in Springer and Lancaster's Subdivision of the east three-quarters of the south half of the southeast quarter ofthe southwest quarter of Section 34, Township 39 North, Range 14, East of the Third Principal Meridian; then east along aforesaid north line of the east/west alley to the west line of the north/south alley lying east of Lot 11 in Lancaster's Estate Subdivision of Block 1 in Springer and Lancaster's Subdivision of the east three-quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East of the Third Principal Meridian; then north along aforesaid west line of the north/south alley to a point 15 feet north of the south line of Lot 18 in Lancaster Estate Subdivision of Block 1 in Springer and Lancaster's Subdivision of the east three-quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East of the Third Principal Meridian; then proceeding northwest from aforesaid point 15 feet north of the south line of Lot 18 to the intersection ofthe aforesaid west line ofthe north/south alley lying east of aforesaid Lot 18 and the north line of the aforesaid Lot 18; then from that point proceeding west along the aforesaid north line of Lot 18 to the west line ofthe north/south alley lying east of Lot 30 in Lancaster's Estate Subdivision of Block 1 in Springer and Lancaster's Subdivision of the east three-quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian; then north along the aforesaid north/south alley lying east of Lot 30 to the south line of 38'" Street; then proceeding west along the aforesaid south line of 38'" Street to the west line of Lot 19 in Lancaster's Estate Subdivision of Block 1 in Springer and Lancaster's Subdivision of the east three-quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East of the Third Principal Meridian; then northeast to a point at the intersection of the south line of Lot 24 (except the west 69 feet thereof) in J.B. Valliquette's Subdivision of the northeast quarter of the southeast quarter of the west half and the north 33 feet of the southeast quarter of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East of the Third Principal Meridian and the west line of the north/south alley lying east of the aforesaid Lot 24; then from that point of intersection proceeding north along the aforesaid west line of the north/south alley to the north line of Lot 16 in J.B. Valliquette's Subdivision of the northeast quarter of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East of the Third Principal Meridian; then west along aforesaid north line of Lot 16 to the point of origin. Map attached to this Exhibit "A" for Giles-Calumet District printed on page 67602 of this Journal.] 67602 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 r"373 ? ~n LOT LOT 57Z.7 CD 57i.9 LOT 5753 3757 \Ml E. 38TH ST. ' ;!1 Dr" 3800 rJ 580^ 3806 o 3808 > 1 1 3812 38li 2 3816 m —I 3818 > 3822 < r- LOT m m 3825 3824 CO i 3826 > 3827 ? < m 3329 3828 L 3831 • ••' 3830 3851 3853 3' 3832 r^' LOT D 3835 f •^834 H58375837r-r-r ' D 3835 I 3839 3856 D •J ••• •••• ifiiL LOT 3838 3841 LOT 3842 ; 3843 LOT 3844 D 3845 I 58^7 3848 J I ^o^' I H^ •^°^ ° I UOT I 7/29/2009 REPORTS OF COMMITTEES 67603 Exhibit "B". Property Descriptions. Addresses, P.I.N.s And Legal Descriptions For Properties Within The Giles-Calumet District Street P.I.N. Legal Description 3737 South Giles Avenue 17-34-318-016 Lot 16 in J.B. Valliquette's Subdivision of the northeast quarter of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3741 South Giles Avenue 17-34-318-017 Lot 17 in J.B. Valliquette's Subdivision of the northeast quarter of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3743 South Giles Avenue 17-34-318-018 Lot 18 in J.B. Valliquette's Subdivision of the northeast quarter of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East of The third Principal Meridian, in Cook County, Illinois. 3747 South Giles Avenue 17-34-318-019 Lot 19 in J.B. Valliquette's Subdivision of the northeast quarter of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3749 South Giles Avenue 17-34-318-020 Lot 20 in J.B. Valliquette's Subdivision of the northeast quarter of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 67604 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Street P.I.N. Legal Description 3751 South Giles Avenue 17-34-318-021 Lot 21 in J.B. Valliquette's Subdivision of the northeast quarter of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois. 3753 South Giles Avenue 17-34-318-022 Lot 22 in J.B. Valliquette's Subdivision of the northeast quarter of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois. 3757 South Giles Avenue 17-34-318-023 Lot 23 in J.B. Valliquette's Subdivision of the northeast quarter of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3759 South Giles Avenue 17-34-318-055 Lot 24 (except the east 55.15 feet thereof) in J.B. Valliquette's Subdivision of the northeast quarter of the southeast quarter of the west half and the north 33 feet of the southeast quarter of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 308 "310 East 38" Street 17-34-318-056 Lot 24 (except the west 69 feet thereof) in J.B. Valliquette's Subdivision of the northeast quarter ofthe southeast quarter of the west half and the north 33 feet of the southeast quarter of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois. 7/29/2009 REPORTS OF COMMITTEES 67605 Street P.I.N. Legal Description 3801 South Giles Avenue 17-34-326-001 Lot 66 in Lancaster Estate Subdivision of Block 1 (except the north 298.3 feet of that part east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three-quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3803 South Giles Avenue 17-34-326-002 Lot 65 in Lancaster Estate Subdivision of Block 1 (except the north 298.3 feet of that part east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three-quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3805 South Giles Avenue 17-34-326-003 Lot 64 in Lancaster Estate Subdivision of Block 1 (except the north 298.3 feet of that part east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three-quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3807 South Giles Avenue 17-34-326-004 Lot 63 in Lancaster Estate Subdivision of Block 1 (except the north 298.3 feet of that part east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three-quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 67606 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Street P.I.N. Legal Description 3811 South Giles Avenue 17-34-326-005 Lot 62 in Lancaster Estate Subdivision of Block 1 (except the north 298.3 feet of that part east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three-quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3813 South Giles Avenue 17-34-326-006 Lot 61 in Lancaster Estate Subdivision of Block 1 (except the north 298.3 feet of that part east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three-quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3815 South Giles Avenue 17-34-326-007 Lot 60 in Lancaster Estate Subdivision of Block 1 (except the north 298.3 feet of that part east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three-quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3817 South Giles Avenue 17-34-326-008 Lot 59 in Lancaster Estate Subdivision of Block 1 (except the north 298.3 feet of that part east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three-quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 7/29/2009 REPORTS OF COMMITTEES 67607 Street P.I.N. Legal Description 3821 South Giles Avenue 17-34-326-009 Lot 58 in Lancaster Estate Subdivision of Block 1 (except the north 298.3 feet of that part east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three-quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois 3823 South Giles Avenue 17-34-326-010 Lot 57 in Lancaster Estate Subdivision of Block 1 (except the north 298.3 feet of that part east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three-quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3825 South Giles Avenue 17-34-326-011 Lot 56 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3827 South Giles Avenue 17-34-326-012 Lot 55 in Lancaster Estate Subdivision of Block 1 (except the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three-quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois. 67608 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Street P.I.N. Legal Description 3829 South Giles Avenue 17-34-326-013 Lot 54 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3831 South Giles Avenue 17-34-326-014 Lot 53 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision ofthe east three- quarters ofthe south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3833 South Giles Avenue 17-34-326-015 Lot 52 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision ofthe east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3835 South Giles Avenue 17-34-326-016 Lot 51 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision ofthe east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 7/29/2009 REPORTS OF COMMITTEES 67609 Street P.I.N. Legal Description 3837 South Giles Avenue 17-34-326-017 Lot 50 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision ofthe east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois. 3839 South Giles Avenue 17-34-326-018 Lot 49 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3843 South Giles Avenue 17-34-326-020 Lot 47 in Lancaster Estate Subdivision of Block 1 (except that part of said block conveyed to the City of Chicago, for opening Calumet Avenue and except the north 298.3 feet thereof lying east of the east line of said Calumet Avenue) in Springer and Lancaster's Subdivision of the east three-quarters ofthe south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois. 3845 South Giles Avenue 17-34-326-021 Lot 46 (except south 1.34 feet) in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three-quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 67610 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Street P.I.N. Legal Description 3847 South Giles Avenue 17-34-326-022 Lot 45 and the south 1.34 feet of Lot 46 in Lancaster Estate Subdivision of Block 1 (except that part of said block conveyed to the City of Chicago for opening Calumet Avenue, and except the north 298.3 feet thereof lying east of the east line of said Calumet Avenue) in Springer and Lancaster's Subdivision of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3800 South Calumet Avenue 17-34-326-023 Lot 19 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision ofthe east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3804 South Calumet Avenue 17-34-326-024 Lot 20 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3806 South Calumet Avenue 17-34-326-025 Lot 21 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 7/29/2009 REPORTS OF COMMITTEES 67611 Street P.I.N. Legal Description 3808 South Calumet Avenue 17-34-326-026 Lot 22 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision ofthe east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois. 3812 South Calumet Avenue 17-34-326-027 Lot 23 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3814 South Calumet Avenue 17-34-326-028 Lot 24 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision ofthe east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3816 South Calumet Avenue 17-34-326-029 Lot 25 in Lancaster Estate Subdivision of Block 1 (except the north 298.3 feet of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three-quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois. 67612 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Street P.I.N. Legal Description 3818 South Calumet Avenue 17-34-326-030 Lot 26 in Block 1 in the Springer and Lancaster's Subdivision, a Lancaster Estate Subdivision, Section 34, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois. 3822 South Calumet Avenue 17-34-326-031 Lot 27 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision ofthe east three- quarters ofthe south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3824 South Calumet Avenue 17-34-326-032 Lot 28 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3826 South Calumet Avenue 17-34-326-033 Lot 29 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 7/29/2009 REPORTS OF COMMITTEES 67613 Street P.I.N. Legal Description 3828 South Calumet Avenue 17-34-326-034 Lot 30 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision ofthe east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois. 3830 South Calumet Avenue 17-34-326-035 Lot 31 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision ofthe east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois. 3832 South Calumet Avenue 17-34-326-036 Lot 32 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three-- quarters ofthe south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3834 South Calumet Avenue 17-34-326-037 Lot 33 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 67614 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Street P.I.N. Legal Description 3836 South Calumet Avenue 17-34-326-038 Lot 34 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three- quarters ofthe south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3838 South Calumet Avenue 17-34-326-039 Lot 35 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision ofthe east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3840 - 3842 South Calumet 17-34-326-040 Lot 36 in Lancaster Estate Subdivision of Avenue Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision ofthe east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3844 South Calumet Avenue 17-34-326-041 Lot 37 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 7/29/2009 REPORTS OF COMMITTEES 67615 Street P.I.N. Legal Description 3848 South Calumet Avenue 17-34-326-042 Lot 38 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision ofthe east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3833 South Calumet Avenue 17-34-327-013 Lot 17 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3831 South Calumet Avenue 17-34-327-012 Lot 18 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision ofthe east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3835 South Calumet Avenue 17-34-327-011 Lot 16 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision ofthe east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 67616 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Street P.I.N. Legal Description 3837 South Calumet Avenue 17-34-327-010 Lot 15 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three- quarters ofthe south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3841 South Calumet Avenue 17-34-327-009 Lot 14 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3843 South Calumet Avenue 17-34-327-008 Lot 13 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 3845 South Calumet Avenue 17-34-327-007 Lot 12 in Lancaster Estate Subdivision of Block 1 (except that part of the north 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. 7/29/2009 REPORTS OF COMMITTEES 67617 Street P.I.N. Legal Description 3847 South Calumet Avenue 17-34-327-006 Lot 11 in Lancaster Estate Subdivision of Block 1 (except that part of the North 298.3 feet lying east of the east line of Calumet Avenue) in Springer and Lancaster's Subdivision of the east three- quarters of the south half of the southeast quarter of the southwest quarter of Section 34, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois. ISSUANCE OF PERMITS, FREE OF CHARGE, FOR VARIOUS LANDMARK PROPERTIES. The Committee on Historical Landmark Preservation submitted the following report; CHICAGO, July 28, 2009. To the President and Members of the City Council: Your Committee on Historical Landmark Preservation held its meeting on July 27, 2009 to consider the following permit fee waivers for 2151 West Caton Street, 11248 South Champlain Avenue, 5234 South Greenwood Avenue, 2035 West Walton Avenue and 1040 North Winchester Avenue, and having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed orders transmitted herewith. Respectfully submitted, (Signed) ANTHONY BEALE, Chairman. 67618 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 On motion of Alderman Beale, the said proposed orders transmitted with the foregoing committee report were Passed by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following are said orders as passed (the italic heading in each case not being a part of the order); 2151 W. Caton St [Or2009-1742] WHEREAS, Section 2-120-815 of the Municipal Code provides that the Chicago City Council may, by passage of an appropriate order, waive any fees charged by the city for any permit for which approval ofthe Commission on Chicago Landmarks (the "Commission") is required, in accordance with Chapter 2-120 of the Municipal Code; and WHEREAS, The permits identified below require Commission approval, in accordance with Section 2-120-740 ofthe Municipal Code; now, therefore, It Is Hereby Ordered by the City Council of the City of Chicago: SECTION 1. The foregoing recitals are hereby adopted as the findings of the City Council. SECTION 2. The Executive Director of the Department of Construction and Permits, the Commissioners of the Departments of Environment and Fire, the Director of the Department of Revenue and the Zoning Administrator are hereby directed to issue those permits for which approval of the Commission on Chicago Landmarks is required pursuant to Chapter 2-120 of the Municipal Code, free of charge, notwithstanding any other ordinances of the City Council to the contrary, for the property at; Address; 2151 West Caton Street ("Property") District/Building; Wicker Park District for work generally described as; the relocation of two A/C condensing units on the roof of a historic residence 7/29/2009 REPORTS OF COMMITTEES 67619 by: Owner; Mary E. Bucaro, Trustee Owner's Address; 2151 VVest Caton Street City, State, Zip; Chicago, Illinois 60647 SECTION 3. The fee waiver authorized by this order shall be effective from August 1, 2007 through August 1, 2008, and shall not apply to additional developer service fees, stop-work order fees or any fines. SECTION 4. That the permit purchaser for the Property shall be entitled to a refund of city fees for which it has paid and which are exempt pursuant to Section 1 hereof. SECTION 5. This order shall be in force and effect upon its passage. 11248 S. Champlain Ave. [Or2009-1743] WHEREAS, Section 2-120-815 of the Municipal Code provides that the Chicago City Council may, by passage of an appropriate order, waive any fees charged by the city for any permit for which approval ofthe Commission on Chicago Landmarks (the "Commission") is required, in accordance with Chapter 2-120 ofthe Municipal Code; and WHEREAS, The permits identified below require Commission approval, in accordance with Section 2-120-740 ofthe Municipal Code; now, therefore. It Is Hereby Ordered by the City Council of the City of Chicago: SECTION 1. The foregoing recitals are hereby adopted as the findings of the City Council. SECTION 2. The Executive Director ofthe Department of Construction and Permits, the Commissioners of the Departments of Environment and Fire, the Director of the Department of Revenue and the Zoning Administrator are hereby directed to issue those permits for which approval of the Commission on Chicago Landmarks is required pursuant to Chapter 2-120 ofthe Municipal Code, free of charge, notwithstanding any other ordinances of the City Council to the contrary, for the property at; 67620 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Address; 11248 South Champlain Avenue ("Property") District/Building: Pullman District for work generally described as; replacement of four windows by; Owner; Betty Buchanan Owner's Address; 11248 South Champlain Avenue City, State, Zip; Chicago, Illinois 60628 SECTION 3. The fee waiver authorized by this order shall be effective from March 1, 2009 through March 1, 2010, and shall not apply to additional developer service fees, stop-work order fees or any fines. SECTION 4. That the permit purchaser for the Property shall be entitled to a refund of city fees for which it has paid and which are exempt pursuant to Section 1 hereof SECTION 5. This order shall be in force and effect upon its passage. 5234 S. Greenwood Ave. [Or2009-1744] WHEREAS, Section 2-120-815 of the Municipal Code provides that the Chicago City Council may, by passage of an appropriate order, waive any fees charged by the city for any permit for which approval ofthe Commission on Chicago Landmarks (the "Commission") is required, in accordance with Chapter 2-120 ofthe Municipal Code; and WHEREAS, The permits identified below require Commission approval, in accordance with Section 2-120-740 ofthe Municipal Code; now, therefore. It Is Hereby Ordered by the City Council of the City of Chicago: SECTION 1. The foregoing recitals are hereby adopted as the findings of the City Council. 7/29/2009 REPORTS OF COMMITTEES 67621 SECTION 2. The Executive Director of the Department of Construction and Permits, the Commissioners ofthe Departments of Environment and Fire, the Director ofthe Department of Revenue and the Zoning Administrator are hereby directed to issue those permits for which approval of the Commission on Chicago Landmarks is required pursuant to Chapter 2-120 of the Municipal Code, free of charge, notwithstanding any other ordinances of the City Council to the contrary, for the property at; Address: 5234 South Greenwood Avenue ("Property") District/Building; Greenwood Row House District for work generally described as: exterior repair work by; Owner; Joseph R. Mariin, Trustee Owner's Address; 5234 South Greenwood Avenue City, State, Zip; Chicago, Illinois 60615-4316 SECTION 3. The fee waiver authorized by this order shall be effective from March 1, 2009 through March 1, 2010, and shall not apply to additional developer service fees, stop-work order fees or any fines. SECTION 4. That the permit purchaser for the Property shall be entitled to a refund of city fees for which it has paid and which are exempt pursuant to Section 1 hereof SECTION 5. This order shall be in force and effect upon its passage. 2035 W. Walton St [Or2009-1745] WHEREAS, Section 2-120-815 of the Municipal Code provides that the Chicago City Council may, by passage of an appropriate order, waive any fees charged by the city for any 67622 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 permit for which approval ofthe Commission on Chicago Landmarks (the "Commission") is required, in accordance with Chapter 2-120 ofthe Municipal Code; and WHEREAS, The permits identified below require Commission approval, in accordance with Section 2-120-740 ofthe Municipal Code; now, therefore. It Is Hereby Ordered by the City Council of the City of Chicago: SECTION 1. The foregoing recitals are hereby adopted as the findings of the City Council. SECTION 2. The Executive Director of the Department of Construction and Permits, the Commissioners ofthe Departments of Environment and Fire, the Director of the Department of Revenue and the Zoning Administrator are hereby directed to issue those permits for which approval of the Commission on Chicago Landmarks is required pursuant to Chapter 2-120 ofthe Municipal Code, free of charge, notwithstanding any other ordinances of the City Council to the contrary, for the property at: Address; 2035 West Walton Street ("Property") District/Building; Ukrainian Village District Extension for work generally described as: interior renovation of an existing single-family home and the new construction of a three-car garage by; Owner; Josh and Megan Aling Owner's Address; 1747 West Pierce Avenue City, State, Zip: Chicago, Illinois 60622 SECTION 3. The fee waiver authorized by this order shall be effective from April 1, 2009 through April 1, 2010, and shall not apply to additional developer service fees, stop-work order fees or any fines. SECTION 4. That the permit purchaser for the Property shall be entitled to a refund of city fees for which it has paid and which are exempt pursuant to Section 1 hereof SECTION 5. This order shall be in force and effect upon its passage. 7/29/2009 REPORTS OF COMMITTEES 67623 1040 N. Winchester Ave. [Or2009-1746] WHEREAS, Section 2-120-815 of the Municipal Code provides that the Chicago City Council may, by passage of an appropriate order, waive any fees charged by the city for any permit for which approval ofthe Commission on Chicago Landmarks (the "Commission") is required, in accordance with Chapter 2-120 of the Municipal Code; and WHEREAS, The permits identified below require Commission approval, in accordance with Section 2-120-740 ofthe Municipal Code; now, therefore. It Is Hereby Ordered by the City Council of the City of Chicago: SECTION 1. The foregoing recitals are hereby adopted as the findings of the City Council. SECTION 2. The Executive Director of the Department of Construction and Permits, the Commissioners of the Departments of Environment and Fire, the Director of the Department of Revenue and the Zoning Administrator are hereby directed to issue those permits for which approval of the Commission on Chicago Landmarks is required pursuant to Chapter 2-120 ofthe Municipal Code, free of charge, notwithstanding any other ordinances of the City Council to the contrary, for the property at; Address; 1040 North Winchester Avenue ("Property") District/Building: East Village District for work generally described as; interior renovations, including plumbing and electrical work and exterior tuckpointing of a historic residential building; also to include the construction of a rear carport by; Owner; Greg Nagel Owner's Address; 1040 North Winchester Avenue, Apartment 2F City, State, Zip; Chicago, Illinois 60622 SECTION 3. The fee waiver authorized by this order shall be effective from July 1, 2009 through July 1,2010, and shall not apply to additional developer service fees, stop-work order fees or any fines. 67624 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 SECTION 4. That the permit purchaser for the Property shall be entitled to a refund of city fees for which it has paid and which are exempt pursuant to Section 1 hereof SECTION 5. This order shall be in force and effect upon its passage. COMMITTEE ON HOUSING AND REAL ESTATE. REAPPOINTMENT OF HALLIE AMEY AS COMMISSIONER OF CHICAGO HOUSING AUTHORITY. [A2009-46] The Committee on Housing and Real Estate submitted the following report; CHICAGO, July 29, 2009. To the President and Members ofthe City Council: Your Committee on Housing and Real Estate, to which was referred an appointment by the Honorable Richard M. Daley, Mayor, of Hallie Amey as a commissioner of the Chicago Housing Authority, to a term effective immediately and expiring July 7, 2014, having the same under advisement, begs leave to report and recommend that Your Honorable Body Approve the proposed appointment. This recommendation was concurred in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) RAY SUAREZ, Chairman. 7/29/2009 REPORTS OF COMMITTEES 67625 On motion of Alderman Suarez, the committee's recommendation was Concurred In and the said proposed reappointment of Hallie Amey as a commissioner of the Chicago Housing Authority was Approved by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. APPOINTMENT OF DEVERRA BEVERLY AS COMMISSIONER OF CHICAGO HOUSING AUTHORITY. [A2009-47] The Committee on Housing and Real Estate submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Housing and Real Estate, to which was referred an appointment by the Honorable Richard M. Daley, Mayor, of Deverra Beveriy as a commissioner ofthe Chicago Housing Authority, to a term effective immediately and expiring July 7, 2014, to succeed Sandra Young, whose term has expired, having the same under advisement, begs leave to report and recommend that Your Honorable Body Approve the proposed appointment. This recommendation was concurred in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) RAY SUAREZ, Chairman. 67626 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 On motion of Alderman Suarez, the committee's recommendation was Concurred In and the said proposed appointment of Deverra Beveriy as a commissioner of the Chicago Housing Authority was Approved by yeas and nays as follows: Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. APPOINTMENT OF MYRA KING AS COMMISSIONER OF CHICAGO HOUSING AUTHORITY. [A2009-48] The Committee on Housing and Real Estate submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Housing and Real Estate, to which was referred an appointment by the Honorable Richard M. Daley, Mayor, of Myra King as a commissioner ofthe Chicago Housing Authority, to a term effective immediately and expiring upon the appointment of her successor, to succeed the late Mary Wiggins, having the same under advisement, begs leave to report and recommend that Your Honorable Body Approve the proposed appointment. This recommendation was concurred in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) RAY SUAREZ, Chairman. 7/29/2009 REPORTS OF COMMITTEES 67627 On motion of Alderman Suarez, the committee's recommendation was Concurred In and the said proposed appointment of Myra King as a commissioner of the Chicago Housing Authority was Approved by yeas and nays as follows: Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. APPOINTMENT OF M. BRIDGET REIDY AS COMMISSIONER OF CHICAGO HOUSING AUTHORITY. [A2009-49] The Committee on Housing and Real Estate submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Housing and Real Estate, to which was referred an appointment by the Honorable Richard M. Daley, Mayor, of M. Bridget Reidy as a commissioner ofthe Chicago Housing Authority, to a term effective immediately and expiring July 7, 2013, to succeed Bridget M. O'Keefe, who has resigned, having the same under advisement, begs leave to report and recommend that Your Honorable Body Approve the proposed appointment. This recommendation was concurred in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) RAY SUAREZ, Chairman. 67628 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 On motion of Alderman Suarez, the committee's recommendation was Concurred In and the said proposed appointment of M. Bridget Reidy as a commissioner of the Chicago Housing Authority was Approved by yeas and nays as follows: Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. APPOINTMENT OF SANDRA YOUNG AS COMMISSIONER OF CHICAGO HOUSING AUTHORITY. [A2009-50] The Committee on Housing and Real Estate submitted the following report: CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Housing and Real Estate, to which was referred an appointment by the Honorable Richard M. Daley, Mayor, of Sandra Young as a commissioner of the Chicago Housing Authority, to a term effective immediately and expiring July 7, 2012, to complete the unexpired term of Samuel Mendenhall, who has resigned, having the same under advisement, begs leave to report and recommend that Your Honorable Body Approve the proposed appointment. This recommendation was concurred in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) RAY SUAREZ, Chairman. 7/29/2009 REPORTS OF COMMITTEES 67629 On motion of Alderman Suarez, the committee's recommendation was Concurred In and the said proposed appointment of Sandra Young as a commissioner of the Chicago Housing Authority was Approved by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. AMENDMENT OF CHAPTERS 2-40 AND 2-154 OF MUNICIPAL CODE BY MODIFYING POWERS AND DUTIES OF COMMISSIONER OF GENERAL SERVICES AND REQUIRING CITY CONTRACTORS TO DISCLOSE FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS. [SO2009-4214] The Committee on Housing and Real Estate submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Housing and Real Estate, to which was referred an ordinance introduced by Alderman Ray Suarez (31^' Ward) and others amending Section 2-40-030 of the Municipal Code of the City of Chicago and amending Chapter 2-154 of the Municipal Code of Chicago by inserting a new Section 2-154-015, having the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed substitute ordinance transmitted herewith. This recommendation was concurred in by a vote of the members of the Committee present, with no dissenting votes. Respectfully submitted, (Signed) RAY SUAREZ, Chairman. 67630 JOURNAL-CITY' COUNCIL-CHICAGO 7/29/2009 On motion of Alderman Suarez, the said proposed substitute ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed: Be It Ordained by the City Council of the City of Chicago: SECTION 1. Section 2-40-030 of the Municipal Code of the City of Chicago is hereby amended by inserting the language underscored, as follows: 2-40-030 Commissioner Of General Services - Powers And Duties. The commissioner of general services shall have the following duties and responsibilities; (Omitted text is unaffected by this ordinance.) m. Subject to the approval of the corporation counsel as to form and legality, to negotiate and execute on behalf of the city, any lease, right-of-entry agreement, or other document evidencing an agreement for the use and occupancy of real property which is for a term not to exceed 30 days. Such initial agreement may be extended, renewed or continued for an additional 60-clay period. Provided, however, that no extension, renewal or continuation of such initial agreement shall extend beyond a totality of 90 days unless the agreement is referred-to the Chicago City Council for review and full disclosure as to all parties, particulars, events and justifications meriting such extension, renewal or continuation. If the Chicago City Council approves an extension, renewal or continuation of such agreement beyond a totality of 90 days, such extension shall be deemed to be a temporary extension ofthe agreement. Such temporary extension shall not exceed 90 days in duration. SECTION 2. Chapter 2-154 of the Municipal Code of the City of Chicago is hereby amended by inserting a new Section 2-154-015, as follows; 7/29/2009 REPORTS OF COMMITTEES 67631 2-154-015 Familial Relationships - Disclosure Reguired. (a) This section shall be known as the "Familial Relationships Disclosure Ordinance." The purpose of this section is to promote full and accurate disclosure to the public about any familial relationships that exist between persons seeking city action and elected city officials and department heads. (b) In addition to any other information reguired by law, whenever any person (hereinafter referred to as "the applicant") makes application to the City for any city action as defined in subsection (d) of this section, such applicant shall disclose to the City whether any of the persons listed in items (1) through (4) of this subsection has a familial relationship with any elected city official or department head, or has a spouse or domestic partner with a familial relationship to any elected city official or department head, and, if so, the precise nature of such familial relationship; (1) the applicant; (2) all corporate officers, if the applicant is a corporation; all partners, if the applicant is a general partnership; all general and limited partners, if the applicant is a limited partnership; and all managers, managing members and members, if the applicant is a limited liability company; (3) any person having more than a 7.5 percent ownership interest in the applicant; and (4) all principal officers ofthe applicant, as defined in subsection (d) of this section. The disclosures and information reguired by this subsection shall be certified and attached to the application, and shall be accompanied by a statement under oath that the applicant has withheld no disclosures as to familial relationships in the matter or undertaking identified in the application. (c) The disclosure reguirements of this section shall apply to actual and prospective applicants, persons having more than a 7.5 percent ownership interest in the applicant and all other persons reguired to make a disclosure under subsection (b) of this section. For purposes of this section, the term "prospective" means any person that the applicant expects to assume a legal status, within six months ofthe time the city action occurs, that would reguire such person to make a disclosure under subsection (b) of this section if such person had held such legal status at the time application was made. (d) As used in this section; "City action" means any action requiring an ordinance, an amendment to an ordinance, city council approval or other city agency approval with respect to the sale or purchase of real estate, real property tax reclassification, zoning, vacatiori of streets and alleys, leases or contracts, or involving the award of loan funds, grant funds, bond proceeds, the creation of tax increment financing districts, concession agreements or similar matters. 67632 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 "Department head" means the head of any city department, including, but not limited to. any commissioner, superintendent, director, executive director or person exercising similar authority, and shall include person formeriy holding the position of department head. For purposes of this definition, the term "formeriy holding" means holding the position of department head within the 12-month period preceding the submission of an application for city action. "Elected city official" means any person currently holding the elected office of mayor, treasurer, city clerk or alderman of the Chicago City Council or formeriy holding such elected office. For purposes of this definition, the term "formeriy holding" means holding such elected office within the 12-month period preceding the submission of an application for city action. "Familial relationship" means any person who is related to an elected city official as spouse or domestic partner or as any of the following, whether by blood or by adoption; parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister. "Person" means any natural individual, firm, sole proprietorship, corporation, partnership, business trust, limited liability company, association, joint venture, estate, two or more persons having a joint or common interest, trustee of a land trust, any other commercial or legal entity or any beneficiary or beneficiaries thereof "Principal officer" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority. SECTION 3. This ordinance shall go into full force and effect upon its passage and publicatioublicationn . ACCEPTANCE OF BID FOR PURCHASE OF CITY-OWNED PROPERTY AT 7121 S.WINCHESTER AVE. UNDER ADJACENT NEIGHBORS LAND ACQUISITION PROGRAM. [02009-4235] The Committee on Housing and Real Estate submitted the following report; 7/29/2009 REPORTS OF COMMITTEES 67633 CHICAGO, July 29, 2009. To the President and Members ofthe City Council: Your Committee on Housing and Real Estate, to which was referred an ordinance by the Department of Community Development accepting a bid for purchase of city-owned property at 7121 South Winchester Avenue in accordance with the Adjacent Neighbors Land Acquisition Program, having the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. This recommendation was concurred in by a vote of the members of the Committee present, with no dissenting votes. Respectfully submitted, (Signed) RAY SUAREZ, Chairman. On motion of Alderman Suarez, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed; Be It Ordained by the City Council of the City of Chicago: SECTION 1. The City of Chicago ("City") hereby accepts the bid to purchase the vacant parcel of property ("Parcel") identified on Exhibit A attached hereto, pursuant to the terms of the Adjacent Neighbors Land Acquisition Program ("Program") established pursuant to Chapter 2-159-010 ofthe Municipal Code ofthe City. SECTION 2. The Mayor or his proxy is authorized to execute, and the City Clerk or Deputy City Clerk is authorized to attest, a quitclaim deed conveying the Parcel to the successful bidder ("Bidder") identified on Exhibit A for the purchase price of Seven Hundred and no/100 Dollars ($700.00). The conveyance shall be subject to all terms, conditions, covenants and restrictions of the Program. 67634 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 SECTION 3. The Bidder acknowledges that if the Bidder develops the Parcel with a residential housing project, as defined under and that is subject to Section 2-44-090 of the Municipal Code ofthe City (the "Affordable Requirements Ordinance"), the Bidder and such project shall be obligated to comply with the Affordable Requirements Ordinance. SECTION 4. This ordinance shall take effect and be in full force from the date of its passage and approval. Exhibit "A" referred to in this ordinance reads as follows; Exhibit "A". Bidder; Pat H. Simmons and Vivian Simmons. Address; 7123 South Winchester Avenue. Bid Amount; $700.00. Legal Description (subject to title commitment and survey); Lot 45 in Block 1 in B. F. Jacob's Subdivision of (except the south 627 feet) the west half ofthewesthalf of the northeast quarter of Section 30, Township 38 North, Range 14, East ofthe Third Principal Meridian in Cook County, Illinois. Address; 7121 South Winchester Avenue Chicago, Illinois 60636. Property Index Number; 20-30-201-013-0000. 7/29/2009 REPORTS OF COMMITTEES 67635 BOARD OF COMMISSIONERS OF COOK COUNTY REQUESTED TO ENTER NO- CASH BIDS ON VARIOUS TAX DELINQUENT PROPERTIES ON BEHALF OF CHICAGO FOR SUBSEQUENT REHABILITATION AS AFFORDABLE HOUSING. [SO2009-4205] The Committee on Housing and Real Estate submitted the following report: CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Housing and Real Estate, to which was referred an ordinance by the Department of Community Development authorizing a petition to Cook County to enter no- cash bids on various tax delinquent properties, having the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed substitute ordinance transmitted herewith. This recommendation was concurred in by a vote of the members of the Committee present, with no dissenting votes. Respectfully submitted, (Signed) RAY SUAREZ, Chairman. On motion of Alderman Suarez, the said proposed substitute ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. 67636 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 The following is said ordinance as passed: WHEREAS, There exists within the City of Chicago a serious shortage of decent, safe and sanitary housing available to persons of low- and moderate-income; and WHEREAS, The shortage of housing affordable to persons of low- and moderate-income is harmful to the health, safety and welfare of the citizens of the City; and WHEREAS, There also exists within the City of Chicago blighted, vacant, dilapidated and tax delinquent properties which contribute to the decline of commercial and industrial areas within the City's neighborhoods; and WHEREAS, These tax delinquent properties and the resultant blight contribute to the decline of neighborhoods and are harmful to the health, prosperity, economic stability and general welfare of the citizens of Chicago; and WHEREAS, The Illinois Property Tax Code provides that the County may enter no-cash bids on tax delinquent properties on behalf of municipalities; and WHEREAS, The City has created the Chicago Tax Reactivation Program to aid the private and public sectors in acquiring tax delinquent properties for the purpose of, among other things, creating new industry, jobs, affordable housing and open space for its residents; and WHEREAS, The Department of Community Development ("D.C.D.") has identified the tax delinquent parcels of property identified in this ordinance as suitable for new development; and WHEREAS, The City is interested in acquiring the tax parcels of property identified in Section 1 of this ordinance as suitable for such purposes and is interested in obtaining tax deeds for the parcels; and WHEREAS, The City of Chicago is a home rule unit of government by virtue of the provisions of Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970 and, as such, may exercise any power and perform any function pertaining to its government and affairs; now, therefore, Be It Ordained by the City Council of the City of Chicago: SECTION 1. The Board of Commissioners of Cook County ("Board") is hereby requested to enter no-cash bids with respect to the following tax parcels of real property and to assign its interest in the Parcels to the City; 7/29/2009 REPORTS OF COMMITTEES 67637 Volume Permanent Index Number 255 20-12-100-002-0000 261 20-23-402-004-0000 288 25-14-101-055-0000 288 25-14-101-056-0000 291 25-22-304-007-0000 291 25-24-207-019-0000 291 25-24-214-020-0000 292 25-24-422-024-0000 293 25-27-103-001-0000 293 25-34-103-013-0000 293 25-34-103-029-0000 293 25-34-103-031-0000 293 25-34-106-013-0000 293 25-34-116-019-0000 293 25-34-312-039-0000 293 25-34-312-040-0000 293 25-34-312-050-0000 293 25-34-314-021-0000 294 25-34-403-009-0000 303 26-30-405-009-0000 427 20-19-223-044-0000 427 20-19-231-025-0000 67638 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Volume Permanent Index Number 427 20-19-231-026-0000 427 20-19-231-034-0000 429 20-20-116-001-0000 429 20-20-116-002-0000 448 25-04-129-027-0000 448 25-04-129-028-0000 448 25-04-129-029-0000 467 25-21-107-025-0000 467 25-21-107-026-0000 558 16-13-327-020-0000 571 16-24-102-017-0000 The list of Parcels set forth above is preliminary. Because the listed information is preliminary, taxes listed as delinquent for certain Parcels may have been satisfied as ofthe date of this ordinance or may be satisfied prior to any sale of such delinquent Parcels. This list is subject to revision prior to such sale. The request for no-cash bids contained in this ordinance is subject to final approval by the Cook County Board in accordance with its 'No-Cash Bid Ordinance' and its 'Resolution Implementing the No-Cash Bid Program Ordinance'. SECTION 2. D.C.D. is authorized to provide the Board with all necessary information to assure the entering of the no-cash bids and the assignment of the County's interest in the Parcels to the City. D.C.D. may delete from those Parcels identified in Section 1 above those Parcels which, in its discretion, are no longer appropriate or advantageous for acquisition by the City. D.C.D. is directed to provide annual status reports to the Cook County Department of Economic Development on the status of each Parcel for five (5) years or until development is complete, whichever occurs last. SECTION 3. The Corporation Counsel or her designee, is authorized to take all necessary steps to obtain tax deeds for the Parcels. In the event that there are municipal liens on any of the Parcels, the Corporation Counsel is authorized to execute releases of all such liens. The City will be responsible for all costs and legal fees associated with the acquisition of the 7/29/2009 REPORTS OF COMMITTEES 67639 Parcels. The Corporation Counsel or her designee is further authorized to take whatever other legal action may be required pursuant to the County's No-Cash Bid Program, including petitioning the Circuit Court to declare a sale in error in the event that any of the Parcels should not have been offered for sale. SECTION 4. Until such time as the Parcels are conveyed by the City, they shall remain under the control and management of D.C.D.. No Parcel may be conveyed by D.C.D. without the approval of the City Council as to the terms and conditions of the conveyance. D.C.D. has not identified third party requestors for any of the Parcels. The City will file for tax-exempt status for Parcels retained for municipal use or maintained until conveyed to a developer. SECTION 5. It is hereby declared to be the intention of the City that upon the issuance of the tax deed vesting the City in title to each Parcel, all prior liens, encumbrances and other interest of the City shall merge into the tax deed for such Parcel. SECTION 6. This ordinance shall take effect upon its passage and approval. SALE OF CITY-OWNED PROPERTY AT 8550 - 8572 S. SOUTH CHICAGO AVE. [02009-4230] The Committee on Housing and Real Estate submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Housing and Real Estate, to which was referred an ordinance by the Department of Community Development authorizing the sale of city-owned property at 8550 - 8572 South South Chicago Avenue, having the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinances transmitted herewith. This recommendation was concurred in by a vote of the members of the Committee present, with no dissenting votes. Respectfully submitted, (Signed) RAY SUAREZ, Chairman. 67640 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 On motion of Alderman Suarez, the said proposed ordinances transmitted with the foregoing committee report were Passed by yeas and nays as follows: Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed: WHEREAS, The City of Chicago ("City") is the owner of the vacant parcel of property located at 8550 - 8572 South South Chicago Avenue, Chicago, Illinois, which is legally described on Exhibit A attached hereto ("Property"); and WHEREAS, Nigerian Islamic Association of U.S.A., an Illinois not-for-profit corporation ("Grantee"), 932 West Sheridan Road, Chicago, Illinois 60613, has offered to purchase the Property from the City for the purpose of constructing a parking lot thereon appurtenant to the building owned by the Grantee at 8561 South South Chicago Avenue; and WHEREAS, Public notice advertising the City's intent to enter into a negotiated sale of the Property with the Grantee and requesting alternative proposals appeared in the Chicago Sun-Times, a newspaper of general circulation, on April 30, 2009, and May 6, 2009; and WHEREAS, No alternative proposals were received by the deadline indicated in the aforesaid notice; and WHEREAS, The City is a home rule unit of government by virtue of the provisions of the Constitution ofthe State of Illinois of 1970 and, as such, may exercise any power and perform any function pertaining to its government and affairs; now, therefore. Be It Ordained by the City Council of the City of Chicago: SECTION 1. The City Council hereby approves the sale of the Property to the Grantee in the amount of One Hundred Thirty-five Thousand and no/100 Dollars ($135,000.00). SECTION 2. The Mayor or his proxy is authorized to execute, and the City Clerk or Deputy City Clerk is authorized to attest, a quitclaim deed conveying the Property to the Grantee. The quitclaim deed shall contain language substantially in the following form; 7/29/2009 REPORTS OF COMMITTEES 67641 This conveyance is subject to the express conditions that: 1) a parking lot is constructed on the Property within twelve (12) months of the date of this deed; and 2) the Property is used as a parking lot in perpetuity. In the event that the conditions are not met, the City of Chicago may re-enter the Property and revest title in the City of Chicago. This right of reverter and re-entry in favor of the City of Chicago shall terminate forty (40) years from the date of this deed. Grantee's acceptance of such quitclaim deed shall be deemed to be Grantee's agreement to comply with such redevelopment obligations. SECTION 3. This ordinance shall take effect upon its passage and approval. Exhibit "A" referred to in this ordinance reads as follows: Exhibit "A". Legal Description (subject to title commitment and survey): Lot 20 (except the northwesteriy 14.5 feet thereof) and Lots 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30 in Block 4 in Lincoln, a subdivision of that part of the southeast quarter of the southeast quarter of Section 36, Township 38 North, Range 14, East of the Third Principal Meridian, lying north and east of the Lake Shore and Michigan Southern Railway Company's right-of-way, in Cook County, Illinois. Address; 8550 - 8572 South South Chicago Avenue Chicago, Illinois 60617. Property Index Number; 20-36-423-064-0000. 67642 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 SALE OF CITY-OWNED PROPERTIES PURSUANT TO PRESERVING COMMUNITIES TOGETHER PROGRAM. The Committee on Housing and Real Estate submitted the following report: CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Housing and Real Estate, to which was referred ordinances by the Department of Community Development authorizing the sale of city-owned property at various locations, having the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinances transmitted herewith. This recommendation was concurred in by a vote of the members of the Committee present, with no dissenting votes. Respectfully submitted, (Signed) RAY SUAREZ, Chairman. On motion of Alderman Suarez, the said proposed ordinances transmitted with the foregoing committee report were Passed by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following are said ordinances as passed (the italic heading in each case not being a part of the ordinance); ' 7/29/2009 REPORTS OF COMMITTEES 67643 9961 S. Charles St [02009-4234] WHEREAS, The City of Chicago ("City") is a home rule unit of government by virtue of the provisions of Article Vll, Section 6(a) ofthe Constitution ofthe State of Illinois of 1970 and, as such, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, The City Council of the City ("City Council") by ordinance adopted May 20, 1992 and published in the Journal of the Proceedings of the City Council of the City of Chicago {"JournaT) for such date at pages 16332 - 16335 (the "Program Ordinance"), established the Chicago Abandoned Properties Program ("C.A.P. Program"), pursuant to which the City has acquired numerous abandoned properties either through statutory abandonment proceedings, or through the foreclosure of municipal liens, and conveyed such abandoned properties to developers for rehabilitation, and worked with such developers to successfully rehabilitate such abandoned properties; and WHEREAS, The City Council, by ordinance adopted February 6, 2008 and published in the Journal for such date at pages 20654 - 20657, renamed the C.A.P. Program as the "Preserving Communities Together Program" (the "P.C.T. Program") and expanded the acquisition authority for such program; and WHEREAS, There are a substantial number of abandoned, deteriorated and dangerous buildings in the City which threaten the health, safety, economic stability and general welfare ofthe citizens ofthe City, and which are the subject of certain housing court proceedings; and WHEREAS, The City P.C.T. Program helps abate the dangers posed by abandoned, deteriorated and dangerous buildings in the City through the acquisition and subsequent conveyance of the buildings to parties who have proposed to rehabilitate them; and WHEREAS, The City is the owner ofthe property commonly known as 9961 South Charies Street, Chicago, Illinois, and identified by Permanent Index Number 25-08-301-018-0000 (subject to final title commitment and survey, the "Property") which Property is improved with a single-family residential building in need of substantial repair and is qualified to be included in the P.C.T. Program; and WHEREAS, Essley & Associates, L.L.C, a limited liability company (the "Developer") has proposed to purchase the Property from the City and rehabilitate it for residential housing with provisions ofthe P.C.T. Program; and WHEREAS, The Department of Community Development ("D.C.D.") of the City has reviewed the Developer's application and has recommended that the City Council approve the conveyance of the Property to the Developer for purposes of rehabilitating the building located thereon in accordance with the provisions ofthe P.C.T. Program; now, therefore. Be It Ordained by the City Council of the City of Chicago: 67644 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 SECTION 1. The sale of the Property to the Developer in the amount of Five Thousand and no/100 Dollars ($5,000.00), plus any holding costs incurred by the City during its period of ownership is hereby approved. This approval is expressly conditioned upon the City entering into a redevelopment agreement with the Developer. The Commissioner of D.C.D. or any successor department thereto is authorized to negotiate and execute a redevelopment agreement with the Developer, and such other documents which may be required or necessary to implement the intent and objectives of the P.C.T. Program, subject to the approval of the Corporation Counsel. The redevelopment agreement shall require that the rehabilitated property be resold to an owner-occupant with a household income, adjusted for family size, at or below one hundred percent (100%) of the area median income, as determined by D.C.D., provided, however, that the Commissioner of D.C.D. shall have discretion to waive such requirement. SECTION 2. The Mayor is authorized to execute, and the City Clerk or Deputy City Clerk is authorized to attest, a quitclaim deed conveying the Property to the Developer, or to a land trust of which the Developer is the sole beneficiary, or to a business entity of which the Developer is the sole controlling party, subject to the approval ofthe Corporation Counsel. SECTION 3. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance. SECTION 4. All ordinances, resolutions, motions or orders inconsistent with this ordinance are hereby repealed to the extent of such conflict. SECTION 5. This ordinance shall take effect upon its passage and approval. Exhibit "A" referred to in this ordinance reads as follows; Exhibit "A". Legal Description; Lot 53 in Block 5 in Hough and Reed's Addition to Washington Heights, said addition being a subdivision of Lot 17 in Block 4 in Washington Heights and that part of the southwest quarter of Section 8, Township 37 North, Range 14, East of the Third Principal Meridian lying north of the south 100 acres thereof except railroad right-of-way in Cook County, Illinois. 7/29/2009 REPORTS OF COMMITTEES 67645 Address; 9961 South Charies Street Chicago, Illinois. Property Index Number; 25-08-301-018-0000. 1604 S. Ridgeway Ave. [02009-4233] WHEREAS, The City of Chicago ("City") is a home rule unit of government by virtue of the provisions of Article VII, Section 6(a) ofthe Constitution ofthe State of Illinois of 1970 and, as such, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, The City Council of the City ("City Council") by ordinance adopted May 20, 1992 and published in the Journal of the Proceedings of the City Council of the City of Chicago CJournaf) for such date at pages 16332 - 16335 (the "Program Ordinance"), established the Chicago Abandoned Properties Program ("C.A.P. Program"), pursuant to which the City has acquired numerous abandoned properties either through statutory abandonment proceedings, or through the foreclosure of municipal liens, and conveyed such abandoned properties to developers for rehabilitation, and worked with such developers to successfully rehabilitate such abandoned properties; and WHEREAS, The City Council, by ordinance adopted February 6, 2008 and published in the Journal for such date at pages 20654 - 20657, renamed the C.A.P. Program as the "Preserving Communities Together Program" (the "P.C.T. Program") and expanded the acquisition authority for such program; and WHEREAS, There are a substantial number of abandoned, deteriorated and dangerous buildings in the City which threaten the health, safety, economic stability and general welfare of the citizens of the City, and which are the subject of certain housing court proceedings; and WHEREAS, The City P.C.T. Program helps abate the dangers posed by abandoned, deteriorated and dangerous buildings in the City through the acquisition and subsequent conveyance of the buildings to parties who have proposed to rehabilitate them; and 67646 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 WHEREAS, The City is the owner of the property commonly known as 1604 South Ridgeway Avenue, Chicago, Illinois, and identified by Permanent Index Number 16-23-304-022-0000 (subject to final title commitment and survey, the "Property") which Property is improved as a two-flat residential building in need of substantial repair and is qualified to be included in the P.C.T. Program; and WHEREAS, Fadi Hammad, an individual (the "Developer") has proposed to purchase the Property from the City and rehabilitate it for residential housing with provisions of the P.C.T. Program; and WHEREAS, The Department of Community Development ("D.C.D.") of the City has reviewed the Developer's application and has recommended that the City Council approve the conveyance of the Property to the Developer for purposes of rehabilitating the building located thereon in accordance with the provisions ofthe P.C.T. Program; now, therefore. Be It Ordained by the City Council of the City of Chicago: SECTION 1. The sale of the Property to the Developer in the amount of Five Thousand and no/100 Dollars ($5,000.00), plus any holding costs incurred by the City during its period of ownership, is hereby approved. This approval is expressly conditioned upon the City entering into a redevelopment agreement with the Developer. The Commissioner of D.C.D. or any successor department thereto is authorized to negotiate and execute a redevelopment agreement with the Developer, and such other documents which may be required or necessary to implement the intent and objectives of the P.C.T. Program, subject to the approval of the Corporation Counsel. The redevelopment agreement shall require that the rehabilitated property be resold to an owner-occupant with a household income, adjusted for family size, at or below eighty percent (80%) ofthe area median income, as determined by D.C.D.; provided, however, that the Commissioner of D.C.D. shall have discretion to waive such requirement. SECTION 2. The Mayor is authorized to execute, and the City Clerk or Deputy City Clerk is authorized to attest, a quitclaim deed conveying the Property to the Developer, or to a land trust of which the Developer is the sole beneficiary, or to a business entity of which the Developer is the sole controlling party, subject to the approval of the Corporation Counsel. SECTION 3. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any ofthe other provisions of this ordinance. SECTION 4. All ordinances, resolutions, motions or orders inconsistent with this ordinance are hereby repealed to the extent of such conflict. SECTION 5. This ordinance shall take effect upon its passage and approval. Exhibit "A" referred to in this ordinance reads as follows; 7/29/2009 REPORTS OF COMMITTEES 67647 Exhibit "A". Legal Description; The north 18 feet of Lot 3 and the south 9 feet of Lot 2 in Downing's Subdivision of Lots 7 to 14, inclusive, in J.H. Kedzie's Subdivision of the southwest quarter of Section 23, Township 39 North, Range 13, East of the Third Principal Meridian (except streets heretofore dedicated), in Cook County, Illinois. Address; 1604 South Ridgeway Avenue, Chicago, Illinois 60623. Property Index Number; 16-23-304-022-0000. SALE OF CITY-OWNED PROPERTY WITHIN ROSELAND/MICHIGAN AVENUE REDEVELOPMENT PROJECT AREA TO AND EXECUTION OF REDEVELOPMENT AGREEMENT WITH CROWN COMMERCIAL REAL ESTATE & DEVELOPMENT, INC. FOR DEVELOPMENT OF COMMERCIAL SHOPPING CENTER. [02009-4231] The Committee on Housing and Real Estate submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Housing and Real Estate, to which was referred an ordinance by the Department of Community Development authorizing the conveyance of city-owned property at various locations to Crown Commercial Real Estate & Development, Inc., having the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. 67648 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 This recommendation was concurred in by a vote of the members of the Committee present, with no dissenting votes. Respectfully submitted, (Signed) RAY SUAREZ, Chairman. On motion of Alderman Suarez, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed; WHEREAS, The City is a home rule unit of government by virtue of the provisions of the Constitution of the State of Illinois of 1970 and, such, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, Pursuant to ordinances adopted by the City Council (the "City Council") of the City on January 16, 2002 and published in the Journal of the Proceedings ofthe City Council of the City of Chicago (the "Journal') of such date at pages 76911 through 77093, the City Council approved the redevelopment plan (the "Plan") for the Roseland/Michigan Avenue' Redevelopment Project Area (the "Area"), designated the Area as a redevelopment project area, and adopted tax increment financing for the Area, all pursuant to the Illinois Tax Increment Allocation Redevelopment Act, as amended (65 ILCS 5/11-74.4-1, et seq.) (the "Act"); and WHEREAS, The goals and objectives ofthe Plan included, among other things, providing for the establishment of the Area as a commercial and retail destination for shopping, entertainment and employment; the attraction of complementary new commercial and business development; the attraction of employers to the Project Area that provide living wage salaries and employment of residents; and an improved quality of life in the Area and the surrounding community; and 7/29/2009 REPORTS OF COMMITTEES 67649 WHEREAS, Pursuant to Resolution 05-CDC-99 adopted on October 11, 2005, the Community Development Commission (the "C.D.C") designated Crown Commercial Real Estate & Development, Inc. (together with any affiliate owned and controlled by it, the "Developer") as the successful respondent to a request for proposals that had been issued by the Department of Planning and Development (presently, the Department of Community Development) (the "Department") and C.D.C. for the commercial development of certain real property located at the southeast and southwest corners of the intersection of East 115'" Street and South Michigan Avenue, which included the city-owned parcels described on Exhibit A to this ordinance (the "City Parcels"); and WHEREAS, The Developer has proposed to construct a ninety-eight thousand (98,000) square foot commercial shopping center at such locations that is anticipated to include an approximately eighteen thousand (18,000) square foot grocery store, a branch bank, a drug store, a family restaurant, general merchandise stores, and approximately two hundred fourteen (214) on-site parking spaces (the "Project"); and WHEREAS, Since 2005, in an effort to assemble certain additional parcels necessary for the Project, the Developer has privately acquired the parcels described on Exhibit B to this ordinance (the "Developer Parcels") and has attempted to privately acquire the parcels commonly known as 11 - 13 West 115'" Street, 19-21 West 115'" Street, 11507 - 11509 South Michigan Avenue and 11513 South Michigan Avenue, Chicago, Illinois and more particulariy described on Exhibit C to this ordinance (the "Acquisition Parcels"); and WHEREAS, The Plan contemplates that in furtherance of the Plan's goals and objectives, the City may acquire parcels in the Area, either through negotiated sale or through institution and prosecution of eminent domain proceedings; and WHEREAS, Pursuant to an ordinance adopted by the City Council on November 30, 2005, and published in the Journal for such date at pages 62427 - 62432, the City Council has previously approved the acquisition of Acquisition Parcels, which are located in the Area; and WHEREAS, Such ordinances authorize the City to acquire fee simple title to the Acquisition Parcels through negotiated sale agreements or, if such sale agreements cannot be negotiated, through institution and prosecution of eminent domain proceedings; and WHEREAS, The Developer has agreed to reimburse the City for the cost of acquiring the Acquisition Parcels, which the City shall thereafter convey to the Developer for inclusion in the Project; and WHEREAS, The Project is consistent with the purposes and objectives of the Plan; and WHEREAS, Pursuant to Resolution 09-CDC-30 adopted on May 12, 2009, the C.D.C. recommended that the Developer be designated as the developer for the Project, that the 67650 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 City Parcels and (upon acquisition by the City) the Acquisition Parcels be conveyed to the Developer for the Project, and that the Department be authorized to negotiate, execute and deliver on behalf of the City a redevelopment agreement with the Developer for the Project; now, therefore. Be It Ordained by the City Council ofthe City of Chicago: SECTION 1. The above recitals are incorporated herein and made a part hereof SECTION 2. The Developer is hereby designated as the developer for the Project pursuant to Section 5/11-74.4-4 of the Act. SECTION 3. The Commissioner of the Department (the "Commissioner") or a designee of the Commissioner is each hereby authorized, with the approval of the City's Corporation Counsel as to form and legality, to negotiate, execute and deliver a redevelopment agreement between the Developer and the City substantially in the form attached hereto as Exhibit D and made a part hereof (the "Redevelopment Agreement"), and such other supporting documents as may be necessary or appropriate to carry out and comply with the provisions ofthe Redevelopment Agreement, with such changes, deletions and insertions as shall be approved by the persons executing the Redevelopment Agreement. SECTION 4. The City is hereby authorized to sell and convey the City Parcels, and, upon acquisition, the Acquisition Parcels, to the Developer in accordance with and subject to the terms of such Redevelopment Agreement. SECTION 5. The Mayor or his proxy is authorized to execute, and the City Clerk to attest, a quitclaim deed conveying to the Developer, or to a land trust of which the Developer is the sole beneficiary, or to a business entity of which the Developer is the sole controlling party, the City Parcels for One and no/100 Dollars ($1.00) and the Acquisition Parcels for the consideration described in the Redevelopment Agreement and otherwise in accordance with and subject to the terms of such Redevelopment Agreement. SECTION 6. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance. SECTION 7. All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict. SECTION 8. This ordinance shall be in full force and effect immediately upon its passage and approval. Exhibits "A", "B", "C" and "D" referred to in this ordinance read as follows; 7/29/2009 REPORTS OF COMMITTEES 67651 Exhibit "A". (To Ordinance) Legal Description Of City Parcels. (Subject To Title Commitment And Survey) [To Come] Common Addresses: 11500 South Michigan Avenue; 11515 South Michigan Avenue; 11518 South Michigan Avenue; 11520 South Michigan Avenue; 11526 South Michigan Avenue; 11527 South Michigan Avenue; 11530 South Michigan Avenue; 11534 South Michigan Avenue; 11540 South Michigan Avenue; 11550 South Michigan Avenue; 11582 South Michigan Avenue; 11517 South State Street; 11525 South State Street; 11527 South State Street; and 11531 South State Street Chicago, Illinois. Permanent Index Numbers; 25-22-300-063-0000; 25-22-301-005-0000; 25-22-301-006-0000; 25-22-300-038-0000; 25-22-300-039-0000; 67652 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 25-22-300-040-0000; 25-22-300-041-0000; 25-22-300-042-0000; 25-22-300-043-0000; 25-22-300-053-0000; 25-22-300-068-0000; 25-22-300-058-0000; 25-22-300-005-0000; 25-22-300-006-0000; 25-22-300-007 -0000; and 25-22-300-019-0000. Exhibit "B". (To Ordinance) Legal Description Of Developer Parcels. (Subject To Title Commitment And Survey) [To Come] Common Addresses; 25 East 115'" Street; 29 East 115'" Street; 31 East 115'" Street; 101 East 115'" Street; 11511 South Michigan Avenue; 11501 South State Street; 11505 South State Street; 11507 South State Street; 11511 South State Street; and 11515 South State Street Chicago, Illinois. 7/29/2009 REPORTS OF COMMITTEES 67653 Permanent Index Numbers; 25-22-300-031-0000; 25-22-300-032-0000; 25-22-300-033-0000; 25-22-301-001-0000; 25-22-301-003-0000; 25-22-300-066-0000; 25-22-300-067-0000; 25-22-300-002-0000; 25-22-300-003-0000; and 25-22-300-004-0000. Exhibit "C". (To Ordinance) Legal Description Of Acquisition Parcels. (Subject To Title Commitment And Survey) [To Come] Common Addresses; 11-13 West 115'" Street; 19-21 West 115'" Street; 11507 - 11509 South Michigan Avenue; and 11513 South Michigan Avenue Chicago, Illinois. Permanent Index Numbers; 25-22-300-065-0000; 25-22-300-030-0000; 25-22-301-050-0000; 25-22-301-051-0000; and 25-22-301-004-0000. 67654 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Exhibit "D". (To Ordinance) Agreement For The Sale And Redevelopment Of Land. This Agreement for the Sale and Redevelopment of Land ("Agreement") is made on or as ofthe day of , 2009, by and between the City of Chicago, an Illinois municipal corporation, acting by and through its Department of Community Development ("City"), having its principal offices at City Hall, 121 North LaSalle Street, Chicago, Illinois 60602 and Crown Commercial Real Estate & Development, Inc., an Illinois corporation ("Developer") located at 620 Butternut Trail, Frankfort, Illinois 60423. RECITALS A. The City is a home rule unit of govemment by virtue ofthe provisions ofthe Constitution ofthe State of Illinois of 1970, and such, may exercise any power and perform any function pertaining to its govemment and affairs. B. Pursuant to ordinances adopted by the City Council (the "City Council") ofthe City on January 16,2002 and published in the Joumal of Proceedings ofthe City Council (the "Joumal") of such date at pages 76911 through 77093, the City Council approved the redevelopment plan (the "Plan") for the Roseland/Michigan Avenue Redevelopment Project Area (the "Area"), designated the Area eis a redevelopment project area, and adopted tax increment financing for the Area, all pursuant to the Illinois Tax Increment Allocation Redevelopment Act, as amended (65 ILCS 5/11- 74.4-1, eLseg.) (the "Act"). C. The goals and objectives ofthe Plan included, among other things, providing for the establishment ofthe Area as a commercial and retail destination for shopping, entertainment and emplojonent; the attraction of complementary new commercial and business development; the attraction of employers to the Project Area that provide living wage salaries and employment of residents; and an improved quality of life in the Area and the surrounding community. D. Pursuant to Resolution 05-CDC-99 adopted on October 11, 2005, the Community Development Commission (the "CDC") designated Crown Commercial Real Estate & Development, Inc., (together with any affiliate owned and controlled by it, the "Developer") as the successful respondent to a request for proposals that had been issued by the Department of Planning and Development (presently, the Department of Community Development) (the "Department")and CDC for the commercial development of certain real property located at the southeast and southwest comers ofthe intersection of E. 115"' Street and S. Michigan Avenue, which included the City- 7/29/2009 REPORTS OF COMMITTEES 67655 owned parcels described on Exhibit A to this ordinance (the "City Parcels"). E. The Developer has proposed to constmct a 98,000 square foot LEED-certified commercial shopping center at such locations that is anticipated to include an approximately 18,000 square foot grocery store, a branch bank, a dmg store, a family restaurant, general merchandise stores, and approximately 214 on-site parking spaces (collectively, the "Project"). F. Since 2005, in an effort to assemble certain additional parcels necessary for the Project, the Developer has privately acquired the parcels described on Exhibit B to this ordinance (the "Developer Parcels") and has attempted to privately acquire the parcels commonly known as 11-13 ,W.115th Street, 19-21 W. 115* Street,! 1507-09 S. Michigan Avenue, and 11513 S. Michigan Avenue, Chicago, Illinois and more particularly described on Exhibit C to this ordinance (the "Acquisition Parcels")(the "Acquisition Parcels, together with the City Parcels and the Developer Parcels being collectively referred to hereinafter as, the "Property"). G. The Plan contemplates that in fiirtherance ofthe Plan's goals and objectives, the City may acquire parcels in the Area, either through negotiated sale or through institution and prosecution of eminent domain proceedings. H. Pursuant to an ordinance adopted by the City Council on November 30, 2005, and published in the Joumal for such date at pages 62427-62432, the City Council has previously aipproved the acquisition of Acquisition Parcels, which are located in the Area. I. Such ordinances authorize the City to acquire fee simple title to the Acquisidon Parcels through negotiated sale agreements or, if such sale agreements cannot be negotiated, through institution and prosecution of eminent domain proceedings. J. The Developer has agreed to reimburse the City for the cost of acquiring the Acquisition Parcels, which the City shall thereafter to convey to the Developer for inclusion in the Project. K. The Project is consistent with the purposes and objectives ofthe Plan. L. Pursuant to Resolution 09-CDC-30 adopted on May 12, 2009, the CDC recommended that the Developer be designated as the developer for the Project, that the City Parcels and (upon acquisition by the City) the Acquisition Parcels be conveyed to the Developer for the Project, and that the Department be authorized to negotiate, execute and deliver on behalf of the City a redevelopment agreement with the Developer for the Project. M. By ordinance adopted on ' , the City Council authorized the sale ofthe City Parcels and, upon acquisition, the Acquisition Parcels, to the Developer, for redevelopment in accordance with, and subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements 67656 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: SECTION 1. INCORPORATION OF RECITALS. The recitals set forth above constitute an integral part of this Agreement and are incorporated herein by this reference with the same force and effect as if set forth herein as agreements of the parties. SECTION 2. SALE AND PURCHASE PRICE. Subject to all ofthe terms, covenants and conditions of this Agreement, (i) upon the City's acquisition of good title, the City agrees to sell the Acquisition Parcels to the Developer and the Developer agrees to purchase the Acquisition Parcels from the City for an amount equal to the actual acquisition costs incurred by the City for the Acquisition Parcels as defined in Section 3 hereof ("Acquisition Costs"), said amount to be secured and paid as described in Section 4.G below, and (ii) the City agrees to sell the City Parcels to the Developer for One and No/100 Dollars. Such conveyances shall occur pursuant to Section 4 below. SECTION 3. ACQUISITION COSTS/LETTER OF CREDIT. A. Acquisition Costs. The Developer hereby agrees to pay (i) all those amounts constituting the purchase price ofthe Acquisition Parcels and any associated closing costs ofthe City, as set forth in any negotiated sale contract between the City and the owners ofthe Acquisition Parcels (each, a "Purchase Agreement"); (ii) all those amounts determined to be just compensation pursuant to any judgment orders entered in any eminent domain proceedings instituted to acquire the Acquisition Parcels ("Judgment Order(s)"), including interest as established by statute, court order or jury verdict, court costs, and trial expenses; (iii) reasonable attorneys fees for outside counsel retained by the City in its reasonable judgment to effect the acquisitions contemplated by this Agreement (whether through negotiated sale or eminent domain proceedings) and costs incurred on behalf of the City associated with the acquisition of the Acquisition Parcels as determined by the City; (iv) costs of any environmental studies or tests undertaken on Acquisition Parcels (whether undertaken by the City or as requested by the Developer); (v) cost of any title commitments and title policies, any survey(s) and any appraisal reports and fees for any appraisers for the Acquisition Parcels; (vi) costs of any statutory abandonment costs including court awarded attorneys' fees for ovraer's counsel resulting from the abandonment of any eminent domain proceedings filed by the City to acquire the Acquisition Parcels pursuant to the Developer's option not to purchase an Acquisition Parcel as permitted in Sections 4.C and 4.D below or as a result of any default under this Agreement by the Developer; and (vii) any relocation costs incurred by the City in relocating existing tenants or occupants of the Acquisition Parcels or otherwise payable to such tenants or occupants ((i) through (vii) individually and in aggregate, the "Acquisition Costs"). If the Developer and the City proceed to a Pre-Closing on any Acquisition Parcel, the City shall use reasonable efforts to deliver to the 7/29/2009 REPORTS OF COMMITTEES 67657 Developer a statement of all Acquisition Costs owed by the Developer as to such Parcel within ten (10) days prior to such Pre-Closing. B. Letter of Credit. To ensure the Developer's obligation to pay for Acquisition Costs, the Developer shall ftimish to the City an unconditional irrevocable letter of credit ("Letter of Credit"), in form, substance and amount satisfactory to the City, and in any event not less than the sum ofthe compensation offered to the fee owners ofthe Acquisition Parcels in the City's offer to the owners ofthe Acquisition Parcels ("Offer Letters") and any other anticipated Acquisition Costs, as reasonably estimated by the City. The Letter of Credit shall provide that the surety shall neither cancel nor fail to renew such Letter of Credit without thirty (30) days' prior written notice to the City. If any such notice is given. Developer shall provide a replacement Letter of Credit no later than fifteen (15) days prior to the expiration date ofthe expiring Letter of Credit. If Developer does not do so, the City shall be entitled to draw upon the expiring Letter of Credit to pay any incurred, contractually committed and reasonably foreseeable Acquisition Costs. The Developer shall provide the Letter of Credit within fifteen (15) days ofthe latter to occur of (i) the full execution of this Agreement or (ii) receipt by the Developer of a notice by the City containing a summary ofthe Preapproved Price for the Acquisition Parcels as defined in Section 4.F below and a schedule for the mailing ofthe Offer Letters. The City may draw on the Letter of Credit to pay Acquisition Costs for each of the Acquisition Parcels (which Letter of Credit shall be written to permit such partial draws) in the event that the Developer fails to pay the City the Acquisition Costs and/or abandonment costs at the Pre-Closing, as defined in Section 4.G below, or when otherwise due and payable. Upon payment of Acquisition Costs by the Developer at the Pre-Closing (as hereinafter defined), or the election by the Developer not to proceed to acquire any one or more of such Parcels as set forth in Section 4.F hereof (and after payment of any Acquisition Costs), the Letter of Credit may be ratably reduced. Upon the acquisition by the Developer ofthe last Acquisition Parcel or Developer's election not to proceed to acquire such Acquisition Parcel (and after payment of any Acquisition Costs) the Letter of Credit or any excess funds from such Letter of Credit not utilized for the payment of Acquisition Costs shall be retumed to the Developer. In lieu ofthe above-described Letter of Credit, the Developer may deposit cash in a sole order escrow account with a mutually acceptable escrowee, which account shall be administered in accordance with the above provisions but shall be subject to the City's sole direction. SECTION 4. CONVEYANCE OF CITY PARCELS AND ACQUISITION PARCELS. A. Form of Deed. The City shall convey to the Developer title to the City Parcels and the Acquisition Parcels by Quitclaim Deed(s) ("Deed(s)") in one or more Closings, as determined by the City. The conveyance and title shall, in addition to the provisions of this Agreement, be subject to: 1. General real estate taxes and any special assessments or other taxes. 67658 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 2. Easements, encroachments, covenants and restrictions of record and not shown of record. 3. Such other title defects as may exist. 4. The Plan for the Area. B. Title commitment and Insurance. 1. Prior to the Closing. Prior to the City's mailing of the offer letters, the Developer, at the Developer's expense, shall obtain and provide the City with a copy of a title commitment issued by Chicago Title Insurance Company ("Title Company") for the Acquisition Parcels. Upon receipt of such title commitment, the Developer shall provide written notice to the City listing any title defects that the Developer deems unpermitted exceptions cind that the Developer reasonably believes can be cured in a timely and economically maimer by the owner. The City, in negotiating the applicable Purchase Agreement, shall seek to include a provision obligating the owner to cure such unpermitted exceptions. If the Owner will not agree to such a provision, then the City shall notify the Developer and either the City or the Developer may terminate such Purchase Agreement. If neither the City nor the Developer terminates this Agreement, the unpermitted exceptions shall be deemed permitted exceptions for purposes of this Agreement and the parties shall proceed to the Pre-Closing and Closing. The Developer shall be responsible for obtaining any utility letters or other documentation needed to obtain extended title insurance coverage. 2. At the Closing. At the Closing, the Developer shaU, at Developer's expense obtain, any title insurance or endorsements it deems necessary. C. Survey. The City, in negotiating a Purchase Agreement, shall seek to include a provision obligating the owner to provide, at the ovraer's expense, an ALTA survey for the Acquisition Parcels. If the acquisition proceeds through the filing of eminent domain proceedings, the City shall file a motion requesting access to the Acquisition Parcel for the purpose of preparing such a survey. If the ovraer does not agree to provide a survey and the Developer is otherwise unable to obtain one, or if the City's motion requesting access to the Acquisition Parcel is denied, or if a survey is prepared and Developer determines that the survey(s) show defects, easements and/or encroachments that will materially adversely affect the Developer's ability to develop the applicable Acquisition Parcel for its intended purpose, then either the City or the Developer may terminate the Agreement as to the applicable Acquisition Parcel. The Developer shall have fifteen (15) days fi'om the date that it receives notice ofthe owner's refusal, or the denial ofthe City's motion, or receipt of a survey showing objectionable matters, to notify the City as to whether it desires to exercise such termination right. If such termination right is not exercised, then any survey requirement shall be deemed waived or objectionable matters deemed acceptable for purposes of this Agreement (as applicable), and the parties shall proceed to the Pre-Closing and Closing. It shall be the Developer's responsibility to 7/29/2009 REPORTS OF COMMITTEES 67659 obtain Board of Underground Letters in connection with the preparadon of any such survey. The survey shall be certified to the City, the Developer and the title company and be made available to the Developer for review on a timely basis. D. Environmental Testing. The City, in negotiating a Purchase Agreement, shall seek to include a provision obligating the owner to provide, at the owner's expense, a Phase 1 environmental report prepared in accordance with current ASTM/ACSM standards for the applicable Acquisition Parcel. If the acquisidon proceeds through the filing of eminent domain proceedings, the City shall file a motion requesting access to the Acquisition Parcel for the purpose of preparing such a Phase I environmental report (and, if necessary, conducting Phase II testing). If the owner does not agree to provide a Phase I environmental report, or if the City's motion requesting access to the Acquisition Parcels is denied, or if a Phase I environmental report is prepared and Developer determines that the report shows environmental conditions that will materially adversely affect the Developer's ability to develop the applicable Acquisition Parcel for its intended purpose, then either the City or the Developer may terminate the Agreement as to the applicable Acquisition Parcel. The Developer shall have fifteen (15) days from the date that it receives notice ofthe owner's refusal, or the denial ofthe City's motion, or receipt of a Phase 1 environmental report showing objectionable conditions, to notify the City as to whether it desires the City to exercise such termination right. If such termination right is not exercised, then any Phase I environmental report requirement shall be deemed waived or such objectionable conditions deemed acceptable for purposes of this Agreement (as applicable), and the parties shall proceed to the Pre-Closing and Closing. E. Due Diligence Period. The City, in negotiating a Purchase Agreement, shall seek to include a "free look" due diligence period of at least 45 days for purposes of allowing the City and Developer to obtain and review the title, survey and environmental due diligence materials described above, and for Developer to exercise its termination rights as set forth above prior to the expiration of such due diligence period. F. Notice of Closing. The City shall give notice to the Developer (an "Acquisition Notice") upon the execution of a Purchase Agreement or the entry of any Judgment Order for an Acquisition Parcel within fifteen (15) days of such execution or entry. If the amount to be paid to an ovmer of an Acquisition Parcel under a Purchase Agreement or Judgment Order equals or is less than 120% ofthe amount in the offer letter to said owner (such 120% amount, the "Preapproved Price"), the parties shall proceed to the Pre-Closing and Closing, unless, in the case of a negotiated sale, the Developer or City thereafter terminates this Agreement pursuant to a termination right granted under this Agreement. If the amount payable under the Purchase Agreement exceeds such Preapproved Price, the Developer shall have ten (10) days fi-omth e receipt ofthe Acquisition Notice to notify the City whether to proceed with the acquisition or to terminate such acquisition efforts as to such Acquisition Parcel. If the Developer elects to terminate such acquisition efforts, the Developer shall pay all Acquisition Costs incurred to date and the City shall terminate such acquisition efforts. If the amount payable pursuant to a Judgment Order exceeds such Preapproved price, the Developer shall have ten (10) days from 67660 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 receipt ofthe Judgment Order to notify the City whether to proceed with the depositing of funds pursuant to such Judgment Order or to move for a vacation of such Judgment Order. If Developer elects to move to vacate such Judgment Order, Developer shall pay all statutory and abandonment costs and other Acquisition Costs. If Developer does not exercise the termination and vacation rights granted in this Section 4.F, Developer shall timely provide the City with additional security satisfactory to the City, whether through an increase in the Letter of Credit amount or through the escrowing of fiinds, of its ability to pay all Acquisition Costs at the Pre- Closing. The election by the Developer not to pursue the purchase of an Acquisition Parcel (i) where the amount to be paid exceeds the Preapproved Price, or (ii) pursuant to the Developer's title, survey and environmental approval rights under Sections 4.B, 4.C and 4.D shall not constitute a default under the terms of this Agreement. If the Developer elects not to purchase an Acquisition Parcel for a reason described in clause (i) or clause (ii) in the preceding sentence, this Agreement shall automatically terminate as to the Acquisition Parcel not purchased upon the payment by the Developer of Acquisition Costs attributable to the Acquisition Parcel. In addition, the City, in its sole discretion, may then elect to also terminate this Agreement as to the other Acquisition Parcel, unless the Closing for such Acquisition Parcel has already occurred. If the Acquisition Parcel is being acquired through a Purchase Agreement, the Developer must proceed to the Pre-Closing and the Closing on said Acquisition Parcel unless the Developer terminates this Agreement for a reason described in clause (i) or clause (ii), or, due to Developer's exercise of its termination rights with respect to the other Acquisition Parcel, the City elects to terminate this Agreement, as provided for under the preceding sentence. G. The Pre-Closing and the Closing. To close acquisitions where the City has acquired title to an Acquisition Parcel through a negotiated sale or Judgment Order, the City and the Developer shall attend a pre-closing ("Pre-Closing") at the offices of Chicago Title & Tmst (the "Escrowee"). At the Pre-Closing, the parties shall enter into an escrow agreement in a mutually agreeable form providing for, among other things, the following deposits (unless the City agrees to accept such deposits outside of such escrow): 1. Developer Deposits: i. Funds in the amount ofthe Acquisition Costs (unless the Developer directs the City to draw on the Letter of Credit to fund such amount); ii. a copy of Developer's articles of incorporation certified by the Secretary of State; iii. acopy of Developer's bylaws; iv. a certificate of Good Standing; V. resolutions or consents authorizing the Developer's acquisition and payment ofthe Acquisition Costs; vi. evidence of insurance reasonably acceptable to the City, naming the City as an additional insured on any liability policies and as a loss payee on any property policies; vii. due diligence searches in the Developer's name (UCC, State and federal 7/29/2009 REPORTS OF COMMITTEES 67661 tax lien, pending litigation and judgment for Cook County and the Northern District of Illinois, and bankruptcy searches for Cook County and the U. S. Bankruptcy Courts; viii. a legal opinion (or the form thereof, with the original to be signed on the closing date); ix. ALTA Statements, if required by the title company; and x. such other documents as the City may reasonably require. 2. City Deposits: i. Deed or copy of the Judgment Order, as applicable; ii. if required by the title company, a certified copy of ordinance authorizing sale of Acquisition Parcels to the Developer; and iii. copy ofthe Judgment Order and/or Purchase Agreement. 3. Joint Deposits: i. Closing Statement; and ii. City, County and State Real Estate Transfer Declaration Forms, as applicable. If the Acquisition Parcel is being acquired through a Judgment Order, the Escrow Agreement shall direct the Escrowee, within five (5) days after the Pre-Closing, to deposit such portion ofthe Acquisition Costs with the Cook County Treasurer as may be required pursuant to the terms ofthe Judgment Order and to then record the City's Deed, which payment and recordation shall constitute the Closing. If the Acquisition Parcel is being acquired through a Purchase Agreement, the City shall seek to set up a closing with the Owner at the Title Company within ten (10) days after the Pre- Closing. Concurrendy with the payment ofthe amount due to said owner per the terms ofthe Purchase Agreement, the Escrowee shall be directed to record the deed to the City and shall then record the Deed to the Developer and this Agreement, which recordation shall constitute the Closing. Any excess amounts left in escrow after the payment ofthe Acquisition Costs for the Acquisition Parcel shall be paid to the Developer. All escrow, insurance and recording fees shall be paid by the Developer. H. Real Estate Taxes. The City shall seek to cause Owner to pay all general real estate taxes due and payable as ofthe closing date and to obtain a credit for any such taxes accrued but not yet payable on the Acquisition Parcels, but if the City is unsuccessfiil, the City shall have no liability wdth respect to any such general real estate taxes. The Developer shall be responsible for all taxes payable after Closing (whether accmed and attributable to the time 67662 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 period before Closing or after) with respect to the City Parcels and any Acquisition Parcels. Until a Certificate of Completion (as defined in Section 8, below) is issued by the City, the Developer shall notify the City that the real estate taxes have been paid in full within ten (10) days of such payment. 1. Failure to Close. In addition to constituting an "Event of Default" under Section 14 below, failure by the Developer to make those deposits required under Section 4.G.I above shall obligate the Developer to pay abandonment costs as per Section 3 above, including reasonable attomeys fees for outside counsel hired on behalf of the City and costs incurred on behalf of the City associated with the acquisition and abandonment ofthe Acquisition Parcels. J. Conveyance of City Parcels. The City Parcels shall be conveyed at such time as the Commissioner ofthe Department of Community Development ("DCD") determines is appropriate, but in no event prior to the closing under the redevelopment agreement for the tax increment financing to be provided by the City to the Developer with respect to the Project (the "TIF RDA"). SECTION 5. SITE PLANS AND ARCHITECTURAL DRAWINGS. The Developer agrees to constmct the Project. The construction ofthe Project shall be in accordance with final plans and specifications approved by DCD prior to the Closing Date (the "Drawings"), which shall be substantially consistent with the preliminary plans and specifications prepared by dated and attached to this Agreement as Exhibit D. No material deviation from the Drawings shall be made without the prior written approval of DCD, which approval shall not be unreasonably withheld or delayed. The parties agree that the Developer shall have the right to modify the Drawings from time to time with DCD approval and such modification shall not constitute an Event of Default hereunder. In connection with the constmction ofthe Project, the Developer shall be solely responsible for and shall pay all costs in regard to: the relocation, installation or constmction of public or private utilities; curb cuts and driveways; the repair or reconstmction of any curbs, sidewalks or parkways deteriorated or damaged as a result ofthe Developer's redevelopment; the removal of existing pipes, utility equipment or building foundations; and the termination of exist ing water or other services. Additional requirements may be imposed by the City pursuant to the TIF RDA. SECTION 6. LIMITED APPLICABILITY. DCD's approval of any Drawings is for the purpose of this Agreement only and does not constitute the approval required by the City's Department of Buildings or any other City department; nor does the approval by DCD pursuant to this Agreement constitute an approval of the quality, stmctural soundness or the safety of any improvements located or to be located on the 7/29/2009 REPORTS OF COMMITTEES 67663 Property. SECTION 7. COMMENCEMENT AND COMPLETION OF PROJECT. The construction ofthe Project shall be commenced no later than three (3) months after the City's acquisition ofthe last Acquisition Parcel, but in no event later than December 31, 2010. The constmction ofthe Project shall be completed within twenty-seven (27) months ofthe City's acquisition ofthe last Acquisition Parcel. The Commissioner of DCD, in the Commissioner's discretion, may extend such commencement and completion dates by up to six months each (i.e., twelve (12) months in aggregate). Such milestone dates are fiarther subject to extension in the event of Permitted Delays described in Section 14.B. SECTION 8. CERTIFICATE OF COMPLETION. Promptly after completion ofthe Project in accordance with this Agreement, the City shall fiamish the Developer with a Certificate of Completion ("Certificate"). The Certificate shall be a conclusive determination of satisfaction and termination ofthe covenants in this Agreement and the Deed with respect to the obligations ofthe Developer to constmct the Project. The Certificate shall be in recordable form. Within forty-five (45) days after receipt of a written request by the Developer for a Certificate, the City shall provide the Developer with either the Certificate or a written statement indicating in adequate detail how the Developer has failed to complete the Project in conformity with this Agreement, or is otherwise in default, and what measures or acts will be necessary, in the sole opinion ofthe City, for the Developer to take or perform in order to obtain the Certificate. If the City requires additional measures or acts to assure compliance, the Developer shall resubmit a written request for the Certificate upon compliance with the City's response. SECTION 9. RESTRICTIONS ON USE. The Developer agrees that it: A. Shall only develop the Property with the Project; B. Shall devote the Property to a use approved by the Plan until January 15, 2025; and C. Shall not discriminate based upon race, color, religion, sex, national origin or ancestry, military status, sexual orientation, source of income, age, handicap, in the sale, lease, rental, use or occupancy ofthe Property or any improvements located or to be erected thereon. 67664 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 SECTION 10. PROHIBITION AGAINST TRANSFER OF PROPERTY. Prior to the issuance ofthe Certificate by the City with regard to completion ofthe Project, the Developer shall not, without the prior written consent ofthe City, which shall be in the City's sole consent: (a) sell or convey or contract or agree to sell or convey the Property or any part thereof, whether directly or indirectly; or (b) create or contract or agree to create any assignment with respect to this Agreement or the Property, whether directly or indirectly; provided, however, that the Developer shall have the right to convey the Property to one or more single-purpose entities substantially owned and controlled by the Developer. SECTION IL LIMITATION UPON ENCUMBRANCE OF PROPERTY. Prior to the completion ofthe Project and the issuance ofthe Certificate by the City, the Developer shall not engage in any financing or other transaction which creates an encumbrance or lien upon the Property, except for the purposes of obtaining: (a) funds necessary to acquire the Property; (b) fiands necessary to constmct the Project; or (c) funds necessary for architects, surveyors, appraisers, environmental consultants or attomeys in connection with the Project. In no instance shall the Property, or any portion thereof, serve as collateral or otherwise secure any indebtedness not directly related to the acquisition of such parcels or the construction ofthe Project. At the City's request, the Developer shall agree to take title to the Property in a single purpose entity. In the event title to the Property is held in a single purpose entity, references in this Agreement to "Developer" shall be constmed to also include and to bind such entity, and the City may request such entity to sign a joinder to this Agreement. SECTION 12. MORTGAGEES NOT OBLIGATED TO CONSTRUCT. Notwithstanding any other provision of this Agreement or ofthe Deed, the holder of any mortgage on the Property authorized by Section 11 of this Agreement shall not be obligated to constmct or complete the Project; provided, however, that the foregoing provision shall not apply to any purchaser, other than the holder ofthe mortgage, ofthe Property at a foreclosure sale. Nothing in this Section nor in any other section of this Agreement shall be deemed or constmed to permit or authorize any such holder of a mortgage to devote the Property to any use, or to constmct any improvements thereon, other than those uses or improvements permitted in the Plan and this Agreement. SECTION 13. COVENANTS RUNNING WITH THE LAND. The parties agree, and the Deed(s) shall so expressly provide, that the covenants provided in Sections 7, 9, 10 and 11 shall be covenants running wdth the land, binding the Developer and its successors and assigns to the fullest extent permitted by law and equity for the benefit and in favor ofthe City, and shall be enforceable by the City. The covenants in Sections 7, 10 and 11 shall terminate upon issuance of a Certificate. The covenants in Section shall continue until the termination ofthe Plan. 7/29/2009 REPORTS OF COMMITTEES 67665 SECTION 14. PERFORMANCE AND BREACH. A. Time ofthe Essence. Time is ofthe essence in the parties' performance of their obligations under this Agreement. B. Permitted Delays. The Developer shall not be considered in breach of its obligations hereunder due to a delay due to unforeseeable causes beyond the Developer's control and without the Developer's fault or negligence, including but not limited to, delays or halts in construction ofthe Project which are compelled by court order, acts of God, acts ofthe public enemy, acts ofthe United States govemment or the City, acts ofthe other party, fires, floods, epi demics, quarantine restrictions, strikes, embargoes and unusually severe weather or delays of contractors or subcontractors due to such cause. The time for the performance ofthe obligations shall be extended only for the period ofthe delay if the Developer requests it in writing ofthe City within twenty (20) days after the begirming of any such delay. C. Breach. 1. Generally. If the Developer defaults in the performance of its obligations under this Agreement, and the City gives written notice of such default to the Developer, the Developer shall cure or remedy the default not later than sixty (60) days after receipt of such notice. If the default is not capable of being cured within the sixty (60) day period but the Developer has commenced action to cure the default and is diligendy proceeding to cure the default within the sixty (60) day period, then the sixty (60) day period shall be extended for the length of time that is reasonably necessary to cure the default. If the default is not cured in the time period provided for herein, the aggrieved party may terminate this Agreement and institute such proceedings at law or in equity as may be necessary or desirable in its sole discretion to cure and remedy the default, including but not limited to, pro ceedings to compel specific performance. 2. Event of Default. For purposes of this Agreement, the occurrence of any one or more ofthe following by Developer shall constitute an "Event of Default": a. The Developer fails to perform, keep or observe any of the covenants, conditions, promises, agreements or obligations required under this Agreement, and such default is not cured within the cure period provided in Section 14.C.1; or b. The Developer makes or furnishes a warranty, representation, statement or certification to the City which is not tme and correct in any material respect and such default is not cured within the cure period provided in Section 14.C.1; or 67666 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 c. A petition is filed by or against the Developer under the Federal Bank- mptcy Code or any similar state or federal law, whether now or hereinafter existing, which is not vacated, stayed or set aside within thirty (30) days after filing; or d. The Developer abandons or substantially suspends the constmction work, and such abandonment or suspension is not a "Permitted Delay" (no notice or cure period); or e. The Developer fails to timely pay real estate taxes or assessments affecting the Property or suffers or permits any levy or attachment, material suppliers' or mechanics' lien, or any other lien or encumbrance unauthorized by this Agreement to attach to the Property and such default is not cured within the cure period provided in Section 14.C.I; or f The Developer makes cin assignment, pledge, encumbrance, transfer or other disposition in violation of this Agreement (no notice or cure period) and such default is not cured within the cure period provided in Section 14.C.l;or g. The Developer's financial condition or operations adversely changes to such an extent that would materially affect the Developer's ability to complete the Project and such default is not cured within the cure period provided in Section I4.C.1; or h. The Developer fails to comply with the terms of any other written agreement entered into with the City with respect to the Project or any loan issued by the City with respect to the Project and such default is not cured within the cure period provided in Section 14.C. I. 3. Prior to Conveyance. If prior to the conveyance of any of the Property, an Event of Default occurs, the City may terminate this Agreement, institute any action or proceeding at law or in equity against the Developer to recover any Acquisition Costs and otherwise enforce the City's rights hereunder. 4. After Conveyance. If subsequent to the conveyance of all of the Property an Event of Default occxirs, the City may institute any action or proceeding at law or in equity against the Developer to recover any Acquisition Costs and to otherwise enforce the City's rights hereunder. D. Waiver and Estoppel. Any delay by the City in instituting or prosecuting any actions or proceedings or otherwise asserting its rights shall not operate as a waiver of such rights or operate to deprive the City of or limit such rights in any way. No waiver made by the City with 7/29/2009 REPORTS OF COMMITTEES 67667 respect to any specific default by the Developer shall be constmed, considered or treated as a waiver ofthe rights ofthe City with respect to any other defaults ofthe Developer. E. Access to the Property. After the Closing, any duly authorized representative of the City shall have access to the Property at all reasonable times for the purpose of confirming the Developer's compliance with this Agreement. SECTION 15. CONFLICT OF INTEREST; CITY'S REPRESENTATIVES NOT INDIVIDUALLY LIABLE. The Developer warrants that no agent, official, or employee ofthe City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such agent, official or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No agent, official, or employee ofthe City shall be personally liable to the Developer or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Developer or successor or on any obligation under the terms of this Agreement. Without limiting the generality ofthe foregoing, the Developer acknowledges (A) receipt of a copy of Section 2-156-030 (b) ofthe Municipal Code of Chicago, (B) that it has read such provision and understands that pursuant to such Section 2-156-030 (b) it is illegal for any elected official ofthe City, or any person acting at the direction of such official, to contact, either orally or in writing, any other City official or employee with respect to any matter involving any person with whom the elected City official or employee has a "Business Relationship" (as defined in Section 2- 156-080 ofthe Municipal Code of Chicago), or to participate in any discussion in any City Council committee hearing or in any City Council meeting or to vote on any matter involving the person with whom an elected official has a Business Relationship, and (C) that a violation of Section 2-156-030 (b) by an elected official, or any person acting at the direction of such official, with respect to any transaction contemplated by this Agreement shall be grounds for termination of this Agreement and the transactions contemplated hereby. The Developer hereby represents and warrant that, to the best of its knowledge after due inquiry, no violation of Section 2-145-030 (b) has occurred with respect to this Agreement or the transactions contemplated hereby. SECTION 16. INDEMNIFICATION. The Developer agrees to indemnify, defend and hold the City harmless from and against any losses, costs, damages, liabilities, claims, suits, actions, causes of action and expenses (including, without limitation, reasonable attorneys' fees for outside counsel and court costs) suffered or incurred by the City arising from or in connection with: (a) the failure ofthe Developer to perform its obligations under this Agreement; (b) the failure of the Developer or any contractor to pay contractors, subcontractors or material suppliers in connection with the 67668 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 constmction ofthe Project; (c) the failure ofthe Developer to redress any misrepresentations or omissions in this Agreement or any other agreement relating hereto; and (d) any actions resulting from any activity undertaken by the Developer on the Property prior to or after the conveyance of said Property to the Developer by the City. This indemnification shall survive any termination of this Agreement. SECTION 17. ENVIRONMENTAL MATTERS. The City makes no covenant, representation or warranty as to the environmental condition ofthe Property or the suitability ofthe Property for any purpose whatsoever, and the Developer , after the lapse of Developer's termination rights under Section 4.D, agrees to accept the Property "as is" subject to the provisions of this Agreement. If after the Closing, the envirormiental condition ofthe Property is not in all respects entirely suitable for the use to which the Property is to be utilized, it shall be the sole responsibility and obligation ofthe Developer to take such action as is necessary to put the Property in a condition suitable for the intended use ofthe Property. The Developer agrees to release and indemnify the City from any claims and liabilities relating to or arising from the environmental condition ofthe Property (including, without limitation, claims under CERCLA) and to undertake and discharge all liabilities ofthe City arising from any environmental condition which existed on the Property prior to the Closing. SECTION 18. DEVELOPER'S EMPLOYMENT OBLIGATIONS. A. Employment Opportunity. After the Closing, the Developer agrees, and shall contractually obligate its various contractors, subcontractors or any affiliate ofthe Developer operating on the Property (collectively, the "Employers" and individually, an "Employer") to agree that with respect to the provision of services in connection with the construction ofthe Project: 1. Neither the Developer nor any Employer shall discriminate against any employee or applicant for employment based upon race, religion, color, sex, national origin or ancestry, age, handicap or disability, sexual orientation, military discharge status, marital status, parental status or source of income as defined in the City of Chicago Human Rights Ordinance, Section 2-160-010 et seg. ofthe Municipal Code of Chicago, as amended from time to time (the "Human Rights Ordinance"). The Developer and each Employer shall take affirmative action to ensure that applicants are hired and employed without discrimination based upon race, religion, color, sex, national origin or ancestry, age, handicap or disability, sexual orientation, military discharge status, marital status, parental status or source of income and are treated in a non-discriminatory manner with regard to all job- related matters, including without limitation: employment, upgrading, demotion, or transfer; recmitment or recmitment advertising; layoff or termination; rates of 7/29/2009 REPORTS OF COMMITTEES 67669 pay or other forms of compensation; and selection for training, including apprenticeship. The Developer and each Employer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. In addition, the Developer and each Employer, in all solicitations or advertisements for employees, shall state that all qualified applicants shall receive consideration for employment without discrimination based upon race, religion, color, sex, national origin or ancestry, age, handicap or disability, sexual orientation, military discharge status, marital status, parental status or source of income. 2. To the greatest extent feasible, the Developer and each Employer is required to present opportunities for training and employment of low and moderate income residents ofthe City; and to provide that contracts for work in connection with the constmction ofthe Project be awarded to business concems which are located in, or owned in substantial part, by persons residing in the City. 3. The Developer and each Employer shall comply with all federal, state and local equal employment and affirmative action statutes, mles and regulations, including, but not limited to, the Human Rights Ordinance, and the Illinois Human Rights Act, 775 ILCS 5/1-101 et seg. (1993), and any subsequent amendments and regulations promulgated thereto. 4. The Developer, in order to demonstrate compliance with the terms of this Section, shall cooperate with and promptly and accurately respond to inquiries by the City, which has the responsibility to observe and report compliance with equal employment opportunity regulations of federal, state and municipal agencies. 5. The Developer and each Employer shall include the foregoing provisions of subparagraphs 1 through 4 in every contract entered into in connection with the Constmction ofthe Project, and shall require inclusion of these provisions in every subcontract entered into by any subcontractors, and every agreement with any affiliate operating on the Property, so that each such provision shall be binding upon each contractor, subcontractor or affiliate, as the case may be. 6. Failure to comply with the employment obligations described in this Section 18.A. shall be a basis for the City to pursue remedies under the provisions of Section 14, above. B. City Resident Employment Requirement. The Developer agrees, and shall contractually obligate the Employers to agree that during the constmction ofthe Project they shall comply with the minimum percentage of total worker hours performed by actual residents ofthe City of Chicago as specified in Section 3-92-330 ofthe Municipal Code of Chicago (at 67670 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 least fifty percent ofthe total worker hours worked by persons on the constmction ofthe Project shall be performed by actual residents ofthe City of Chicago); provided, however, that in addition to complying with this percentage, the Developer and the Employers shall be required to make good faith efforts to utilize qualified residents ofthe City of Chicago in both unskilled and skilled labor positions. The Developer and the Employers may request a reduction or waiver of this minimum percentage level of Chicagoans as provided for in Section 2-92-330 ofthe Municipal Code of Chicago in accordance with standards and procedures developed by the Chief Procurement Officer of the City of Chicago. "Actual residents ofthe City of Chicago" shall mean persons domiciled within the City of Chicago. The domicile is an individual's one and only tme, fixed and permanent home and principal establishment. The Developer and the Employers shall provide for the maintenance of adequate employee residency records to ensure that actual Chicago residents are employed on the constmction ofthe Project. The Developer and the Employers shall maintain copies of personal documents supportive of every Chicago employee's actual record of residence. Weekly certified payroll reports (U.S. Department of Labor Form WH-347 or equivalent) shall be submitted to the DCD in triplicate, which shall identify clearly the actual residence of every employee on each submitted certified payroll. The first time that an employee's name appears on a payroll, the date that the company hired the employee should be written in after the employee's name. The Developer and the Employers shall provide full access to their employment records to the Chief Procurement Officer, the DCD, the Superintendent ofthe Chicago Police Department, the Inspector General, or any duly authorized representative thereof The Developer and the Employers shall maintain all relevant personnel data and records for a period of at least three (3) years from and after the issuance ofthe Certificate. At the direction of the DCD, the Developer and the Employers shall provide affidavits and other supporting documentation to verify or clarify an employee's actual address when doubt or lack of clarity has arisen. Good faith efforts on the part ofthe Developer and the Employers to provide work for actual Chicago residents (but not sufficient for the granting of a waiver request as provided for in the standards and procedures developed by the Chief Procurement Officer) shall not suffice to replace the actual, verified achievement ofthe requirements of this Section concerning the worker hours performed by actual Chicago residents. In the event that the City has determined that the Developer or an Employer failed to 7/29/2009 REPORTS OF COMMITTEES 67671 ensure the fulfillment of the requirements of this Section concerning the worker hours performed by actual Chicago residents or failed to report in the manner as indicated above, the City will thereby be damaged in the failure to provide the benefit of demonstrable employment to Chicagoans to the degree stipulated in this Section. Therefore, in such a case of non-compliance which has not been remedied in accordance with the breach and cure provisions contained in Section 15.C herein, it is agreed that 1/20 of 1 percent (.05%) ofthe aggregate hard constmction costs set forth in the Developer's budget shall be surrendered by the Developer and for the Employers to the City in payment for each percentage of shortfall toward the stipulated residency requirement. Failure to report the residency of employees entirely and correctly shall result in the surrender of the entire liquidated damages as if no Chicago residents were employed in either of the categories. The willful falsification of statements and the certification of payroll data may subject the Developer and/or the other Employers or employee to prosecution. Nothing herein provided shall be construed to be a limitation upon the "Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity, Executive Order 11246" and "Standard Federal Equal Employment Opportunity, Executive Order 11246," or other affirmative action required for equal opportunity under the provisions of this Agreement. The Developer shall cause or require the provisions of this Section 18.B to be included in all constmction contracts and subcontracts related to the constmction ofthe Project. C. The Developer's MBE/WBE Commitment. The Developer agrees, and shall contractually obligate the Employers to agree, that during the constmction ofthe Project: 1. Consistent with the findings which support the Minority-Owned and Women Owned Business Enterprise Procurement Program (the "MBE/WBE" Program"), Section 2-92-420 et seg. ofthe Municipal Code of Chicago, and in reliance upon the provisions ofthe MBE/WBE Program to the extent contained in, and as qualified by, the provisions of this Section 18.C, during the course of constmction ofthe Project, at least the following percentages ofthe aggregate hard constmction costs shall be expended for contract participation by minority-owned businesses ("MBEs") and by women-owned businesses ("WBEs"): a. At least 24% by MBEs. b. At least 4% by WBEs. 2. For purposes of this Section 18.C only, the Developer (and any party to whom a contract is let by the Developer pursuant to this Agreement) shall be deemed a "Contractor" and this Agreement (and any contract let pursuant thereto) shall be deemed a "Contract" as such terms are defined in Section 2-92-420 ofthe Municipal Code of Chicago. In addition, the term "minority-owned business" or MBE shall mean a business enterprise identified in the Directory of Certified Minority Business Enterprises published by the City's Purchasing Department, or 67672 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 otherwise certified by the City's Purchasing Department as a minority-owned business enterprise; and the term "women-owned business" or WBE shall mean a business enterprise identified in the Directory of Certified Women Business Enterprises published by the City's Purchasing Department, or otherwise certified by the City's Purchasing Department as a women-owned business enterprise. 3. Consistent with Section 2-92-440 ofthe Municipal Code of Chicago, the Developer's MBE/WBE commitment may be achieved by the Developer utilizing a MBE or a WBE as a contractor, by subcontracting or causing a contractor to subcontract a portion ofthe work to one or more MBEs or WBEs, or by the purchase of materials used in the constmction ofthe Project from one or more MBEs or WBEs, or by any combination ofthe foregoing. Those entities which constitute both a MBE and a WBE shall not be credited more than once with regard to the Developer's MBE/WBE commitment as described in this Section 18.C. 4. The Developer shall deliver quarterly reports to DCD describing its efforts to achieve compliance with this MBE/WBE commitment. Such reports shall include inter alia the name and business address of each MBE and WBE solicited by the Developer or a contractor to work on the Project, and the responses received from such solicitation, the name and business address of each MBE or WBE actually involved in the constmction, a description ofthe work performed or products or services supplied, the date and amount of such work, product or service, and such other information as may assist the DCD in determining the Developer's compliance with this MBE/WBE commitment. The DCD shall have access to the Developer's books and records, including, without limitation, payroll records and tax returns, to allow the City to review the Developer's compliance with its commitment to MBE/WBE participation. 5. The City shall have the right to terminate this Agreement upon the disqualification of a contractor as a MBE or WBE, if the contractor's status as a MBE or WBE was a factor in the approval of the Developer, and such status was misrepresented by the contractor or the Developer. In addition, the City shall have the right to terminate this Agreement upon the disqualification of any MBE or WBE subcontractor or supplier of goods or services if the subcontractor's status as a MBE or WBE was a factor in the approval ofthe Developer, and such status was misrepresented by the contractor or the Developer. In the event that the Developer is determined not to have been involved in any misrepresentation ofthe status of the disqualified contractor, subcontractor or supplier, the Developer shall be obligated to discharge or cause to be discharged the disqualified contractor or subcontractor or to terminate any contract or business with the disqualified supplier, and, if possible, identify a qualified MBE or WBE as a replacement. Failure by the Developer to diligently pursue such course of action will result in 7/29/2009 REPORTS OF COMMITTEES 67673 the City's option to unilaterally terminate this Agreement. For purposes of this subparagraph 5, the disqualification procedures are further described in Section 2- 92-540 ofthe Municipal Code of Chicago. 6. Any reduction or waiver ofthe Developer's MBE/WBE commitment as described in this Section 18.C shall be undertaken in accordance with Section 2-92-450 of the Municipal Code of Chicago. D. Pre-Construction Meeting; Monitoring Requirements. Prior to the commencement of constmction ofthe Project, the Developer shall meet with the monitoring staff of DCD with regard to the Developer's compliance with its employment obligations, the sufficiency of which must be approved by DCD as a pre-condition to DCD's approval to allow the Developer to commence with the constmction of Project. During the construction ofthe Project, the Developer shall submit documentation (as required in Sections 18.A and 18.C, above) to the monitoring staff of the DCD. The failure to submit such documentation on a timely basis, or if the DCD determines, upon analysis ofthe documentation, that the Developer is not complying with its employment obligations described in this Section, shall upon the delivery of written notice to, be deemed a default. In such event, in addition to any remedies described in this Section, the City may: (1) issue a written demand to the Developer to halt constmction of Project; (2) withhold certain pertinent sums from payment to the Developer or the general contractor, if applicable; or (3) seek any other remedies against the Developer available at law or in equity. E. In the event of a default by the Developer in the performance of its obligations under this Section 18, the notice and cure provisions contained in Section 14, above, shall apply. SECTION 19. PROVISIONS NOT MERGED WITH DEED. The provisions of this Agreement shall not be merged with the Deed, and the delivery of the Deed shall not be deemed to affect or impair the provisions of this Agreement. SECTION 20. HEADINGS. The headings ofthe various sections of this Agreement have been inserted for convenient reference only and shall not in any manner be constmed as modifying, amending, or affecting in any way the express terms and provisions thereof SECTION 21. GOVERNING LAW. This Agreement shall be govemed by and constmed in accordance with the laws ofthe State of Illinois. 67674 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 SECTION 22. ENTIRE AGREEMENT. This Agreement (as hereafter supplemented by the TIF RDA), and the ordinances authorizing such redevelopment agreements, constitutes the entire agreement between the parties and supersedes and replaces completely any prior agreements between the parties with respect to the subject matter hereof This Agreement may not be modified or amended in any manner other than by supplemental written agreement executed by the parties. The Commissioner of DCD shall have the authority to enter into an amendment to, or restatement of, this Agreement in connection with the closing ofthe TIF RDA, and to enter into such other supplemental agreements, not inconsistent herewith, as may be necessary or appropriate in connection with such closing or the closing of any first mortgage financing. In no event, however, shall such discretion include a material modification ofthe covenants in Section 7, 9, 10 and 11, as determined by the Corporation Counsel. SECTION 23. SEVERABILITY. If any provision of this Agreement, or any paragraph, sentence, clause, phrase or word, or the application thereof is held invalid, the remainder of this Agreement shall be construed as if such invalid part were never included and this Agreement shall be and remain valid and enforceable to the fullest extent permitted by law. SECTION 24. NOTICES. Any notice, demand, due diligence material or communication or delivery required or permitted to be given hereunder shall be given in writing at the addresses set forth below by any ofthe following means: (a) personal service; (b) electronic communications, whether by telex, telegram or telecopy; (c) overnight courier; or (d) registered or certified first class mail, postage prepaid, retum receipt requested: If to the City: City of Chicago Department of Community Development 121 North LaSalle Street Room 1000- City Hall Chicago, Illinois 60602 Attn: Commissioner With a copy to: City of Chicago Department of Law 121 North LaSalle Street Room 600 - City Hall Chicago, Illinois 60602 Attn: Real Estate Division 7/29/2009 REPORTS OF COMMITTEES 67675 If to the Developer: Crown Commercial Real Estate & Development Inc 620 Butternut Trail Frankfort, Illinois 60423. Attention: Musa P. Tadros With a copy to: James V. Inendino Loeb & Loeb LLP 321 North Clark Street, Suite 2300 Chicago, IL 60654-4746 Any notice, demand or communication given pursuant to either clause (a) or (b) hereof shall be deemed received upon such personal service or upon dispatch by electronic means, respectively. Any notice, demand or communication given pursuant to clause (c) shall be deemed received on the day immediately following deposit with the ovemight courier. Any notice, demand or communication sent pursuant to clause (d) shall be deemed received three (3) business days after mailing. The parties, by notice given hereunder, may designate any further or different addresses to which subsequent notices, demands or communications shall be given. SECTION 25. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall constitute an original instmment. SECTION 26. ORGANIZATION AND AUTHORITY. The Developer (if other than an individual) represents and warrants that it is duly organized and validly existing under the laws ofthe State of Illinois and is authorized to do business as a foreign corporation in the state of Illinois, with fiill power and authority to acquire, own and redevelop the Property, and that the person(s) signing this Agreement on behalf of the Developer has the authority to do so. SECTION 27. SUCCESSORS AND ASSIGNS. Except as otherwise provided in this Agreement, the terms and conditions of this Agreement shall apply to and bind the successors and assigns ofthe parties. SECTION 28. TERMINATION. If within thirty-six (36) months after the date of this Agreement the Closing has not occurred on all the Acquisition Parcels, then either party may terminate this Agreement upon written notice to the other. Upon such termination, and after payment of any Acquisition Costs due the City, the Letter of Credit shall be immediately released pursuant to the direction ofthe 67676 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 City. SECTION 29. RECORDATION OF AGREEMENT. The Developer shall record this Agreement at the Office ofthe Cook County Recorder of Deeds and shall pay the recording fees and provide the City with a duplicate, certified recorded copy. SECTION 30. RELOCATION COSTS. The Developer shall cooperate with the Real Estate Services Division of DCD in sending any notices and required information, and otherwise providing such relocation assistance as may be required under the Uniform Relocation Assistance and Real Property Acquisitions Policies Act and the relocations promulgated thereunder at 49 CFR 24, whether applicable as a matter of law or as a matter of City policy with respect to the Project. SECTION 31. EXECUTIVE ORDER 2005-1. Developer agrees that Developer, any person or entity who directly or indirectly has an ownership or beneficial interest in Developer of more than 7.5 percent ("Owners"), spouses and domestic partners of such Owners, Developer's contractors (i.e., any person or entity in direct contractual privity with Developer regarding the subject matter of this Agreement) ("Contractors"), any person or entity who directly or indirectly has an ownership or beneficial interest in any Contractor of more than 7.5 percent ("Sub-owoiers") and spouses and domestic partners of such Sub-owners (Developer and all the other preceding classes of persons and entities are together, the "Identified Parties"), shall not make a contribution of any amount to the Mayor ofthe City of Chicago (the "Mayor") or to his political fundraising committee (i) after execution of this Agreement by Developer, (ii) while this Agreement or any Other Contract is executory, (iii) during the term of this Agreement or any Other Contract between Developer and the City, or (iv) during any period while an extension of this Agreement or any Other Contract is being sought or negotiated. Developer represents and warrants that from the later of (i) Febmary 10, 2005, or (ii) the date the City approached the Developer or the date the Developer approached the City, as applicable, regarding the formulation of this Agreement, no Identified Parties have made a contribution of any amount to the Mayor or to his political fundraising committee. Developer agrees that it shall not: (a) coerce, compel or intimidate its employees to make a contribution of any amount to the Mayor or to the Mayor's political fundraising committee; (b) reimburse its employees for a contribution of any amount made to the Mayor or to the Mayor's political fundraising committee; or (c) bundle or solicit others to bundle contributions to the Mayor or to his political fundraising committee. 7/29/2009 REPORTS OF COMMITTEES 67677 Developer agrees that the Identified Parties must not engage in any conduct whatsoever designed to intentionally violate this provision or Mayoral Executive Order No. 05-1 or to entice, direct or solicit others to intentionally violate this provision or Mayoral Executive Order No. 05- Developer agrees that a violation of, non-compliaince with, misrepresentation with respect to, or breach of any covenant or warranty under this provision or violation of Mayoral Executive Order No. 05-1 constitutes a breach and default under this Agreement, and under any Other Contract for which no opportunity to cure will be granted, unless the City, in its sole discretion, elects-to grant such an opportunity to cure. Such breach and default entitles the City to all remedies (including without limitation termination for default) under this Agreement, under any Other Contract, at law and in equity. This provision amends any Other Contract and supersedes any inconsistent provision contained therein. If Developer intentionally violates this provision or Mayoral Executive Order No. 05-1 prior to the closing of this Agreement, the City may elect to decline to close the transaction contemplated by this Agreement. For purposes of this provision: "Bundle" means to collect contributions from more than one source which are then delivered by one person to the Mayor or to his political fundraising committee. "Other Contract" means any other agreement with the City of Chicago to which Developer is a party that is (i) formed under the authority of chapter 2-92 ofthe Municipal Code of Chicago; (ii) entered into for the purchase or lease of real or personal property; or (iii) for materials, supplies, equipment or services which are approved or authorized by the City Council of the City of Chicago. "Contribution" means a "political contribution" as defined in Chapter 2-156 ofthe Municipal Code of Chicago, as amended. Individuals are "Domestic Partners" if they satisfy the following criteria: (A) they are each other's sole domestic partner, responsible for each other's common welfare; and (B) neither party is married; and (C) the partners are not related by blood closer than would bar marriage in the State of Illinois; and (D) each partner is at least 18 years of age, and the partners are the same sex, and the partners reside at the same residence; and (E) two ofthe following four conditions exist for the partners: 1. The partners have been residing together for at least 12 months. 67678 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 2. The partners have common or joint ownership of a residence. 3. The partners have at least two of the following arrangements: a. joint ownership of a motor vehicle; b. a joint credit account; c. ajoint checking account; d. a lease for a residence identifying both domestic partners as tenants. 4. Each partner identifies the other partner as a primary beneficiary in a will. "Political fundraising committee" means a "political fundraising committee" as defined in Chapter 2-156 ofthe Municipal Code of Chicago, as amended! SECTION 32. PATRIOT ACT CERTIFICATION The Developer represents and warrants that neither the Developer nor any Affiliate thereof (as defined in the next paragraph) is listed on any ofthe following lists maintained by the Office of Foreign Assets Control ofthe U.S. Department ofthe Treasury, the Bureau of Industry and Security ofthe U.S. Department of Commerce or their successors, or on any other list of persons or entities with which the City may not do business under any applicable law, mle, regulation, order or judgment: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List As used in the above paragraph, an "Affiliate" shall be deemed to be a person or entity related to the Developer that, directly or indirectiy, through one or more intermediaries, controls, is controlled by or is under common control with Developer, and a person or entity shall be deemed to be controlled by another person or entity, if controlled in any maimer whatsoever that results in control in fact by that other person or entity (or that other person or entity and any persons or entities with whom that other person or entity is acting jointly or in concert), whether directly or indirectly and whether through share ownership, a tmst, a contract or otherwise. SECTION 33. WASTE ORDINANCE PROVISIONS. In accordance with Section 11-4-1600(e) ofthe Municipal Code of Chicago, Developer warrants and represents that it, and to the best of its knowledge, its contractors and subcontractors, have not violated and are not in violation of any provisions of Section 7-28 or Section 11-4 ofthe Municipal Code (the "Waste Sections"). During the period while this Agreement is executory. Developer's, any general contractor's or any subcontractor's violation ofthe Waste Sections, whether or not relating to the performance of this Agreement, constitutes a breach of and an event of default under this Agreement, for which the opportunity to cure, if curable, will be granted only at the sole designation ofthe Chief Procurement Officer. Such breach and default entitles the City to all remedies under the Agreement, at law or in equity. This section does not limit the Developer's, general contractor's and its subcontractors' duty to comply with all applicable federal, state, county and municipal laws, statutes, ordinances and executive orders, in 7/29/2009 REPORTS OF COMMITTEES 67679 effect now or later, and whether or not they appear in this Agreement. Non-compliance with these terms and conditions may be used by the City as grounds for the termination of this Agreement, and may further affect the Developer's eligibility for future contract awards. SECTION 34. COOPERATION WITH OFFICE OF COMPLIANCE In accordance with Chapter 2-26-110 et seq. ofthe Municipal Code, the Developer acknowledge that every officer, employee, department and agency ofthe City shall be obligated to cooperate with the Executive Director ofthe Office of Compliance in connection with any activities undertaken by such office with respect to this Agreement, including, without limitation, making available to the Executive Director the department's premises, equipment, personnel, books, records and papers. The Developer agrees to abide by the provisions of Chapter 2-26-110 et seq.. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Commissioner of Community Development, and the Developer has signed the same on or as ofthe day and year first above written. CITY OF CHICAGO, an Illinois municipal corporation By:. Christine Raguso Acting Commissioner Department of Community Development CROWN COMMERCIAL REAL ESTATE & DEVELOPMENT, Inc., an Illinois corporation By: Tide: 67680 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 STATE OF ILLINOIS ) SS. COUNTY OF COOK I, , a Notary Public in and for said County, in the State aforesaid, do hereby certify that Christine Raguso, personally known to me to be the Acting Commissioner of the Department of Community Development ofthe City of Chicago, an Illinois municipal corporation, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and being first duly sworn by me acknowledged that as the Commissioner, she signed and delivered the instmment pursuant to authority given by the City of Chicago, as her free and voluntary act and as the free and voluntary act and deed ofthe corporation, for the uses and purposes therein set forth. GIVEN under my notarial seal this day of NOTARY PUBLIC STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) L • , a Notary Public in and for said County, in the State aforesaid, do hereby certify that , personally known to me to be the of Crown Commercial Real Estate & Development, Inc. (the "Corporation"), and personally known to me to be the same person whose name is subscribed to the foregoing instmment, appeared before me this day in person and being first duly swom by me severally acknowledged that as such , he signed and delivered the instrument pursuant to authority given by the Corporation as his free and voluntary act and as the free and voluntary act and deed ofthe Corporation, for the uses and purposes therein set forth. GIVEN under my notarial seal this day of NOTARY PUBLIC [(Sub)Exhibit "D" referred to in this Agreement with Crown Commercial Real Estate & Development, Inc. forthe Sale and Redevelopment of Land unavailable at time of printing.] 7/29/2009 REPORTS OF COMMITTEES 67681 SALE OF CITY-OWNED PROPERTY AT 4618 - 4620 S. CICERO AVE. TO AND EXECUTION OF REDEVELOPMENT AGREEMENT WITH ISABELLA GROUP, INC. TO CONSTRUCT AND OPERATE BUSINESS HOTEL. [02009-4229] The Committee on Housing and Real Estate submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Housing and Real Estate, to which was referred an ordinance by the Department of Community Development authorizing the sale of city-owned property at 4618 - 4620 South Cicero Avenue and the execution of a redevelopment agreement with Isabella Group, Inc., having the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. This recommendation was concurred in by a vote of the members of the Committee present, with no dissenting votes. Respectfully submitted, (Signed) RAY SUAREZ, Chairman. On motion of Alderman Suarez, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed; WHEREAS, The City of Chicago ("City") is a home rule unit of government by virtue ofthe provisions ofthe Constitution ofthe State of Illinois of 1970 and, as such, may exercise any power and perform any function pertaining to its government and affairs; and 67682 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 WHEREAS, The City has established the Community Development Commission ("Commission") to, among other things, designate redevelopment areas and approve redevelopment plans, and recommend the sale of parcels located in redevelopment areas, subject to the approval of the City Council of the City of Chicago ("City Council"); and WHEREAS, By Resolution Number OO-CDC-03 adopted on January 11, 2000, the Commission approved the redevelopment plan ("Redevelopment Plan") forthe Cicero/Archer Tax Increment Financing Redevelopment Project Area ("Redevelopment Area"); and WHEREAS, Pursuant to an ordinance adopted by the City Council on May 17, 2000 and published at pages 31380 through 31503 in the Journal ofthe Proceedings ofthe City Council of the City of Chicago (the "Journaf) of such date, the Redevelopment Plan for the Redevelopment Area was approved pursuant to the Illinois Tax Increment Allocation Redevelopment Act, as amended (65 ILCS 5/11-74.4-1, et seq.)(the "Acf); and WHEREAS, Pursuant to an ordinance adopted by the City Council on May 17, 2000 and published at pages 31504 through 31511 in the Journal of such date, the Redevelopment Area was designated as a redevelopment project area pursuant to the Act; and WHEREAS, Pursuant to an ordinance (the "T.l.F. Ordinance") adopted by the City Council on May 17, 2000 and published at pages 31512 through 31518 in the Journal of such date, tax increment allocation financing was adopted pursuant to the Act as a means of financing certain redevelopment project costs (as defined in the Act) in the Redevelopment Area incurred pursuant to the Redevelopment Plan; and WHEREAS, The City is the owner of parcels of property aggregating approximately five thousand eight hundred thirty-six (5,836) square feet located at 4618 - 4620 South Cicero Avenue, Chicago, Illinois, and legally described on Exhibit A-1 attached hereto (the "City Property"), which are located in the T.l.F. Area; and WHEREAS, Isabella Group, Inc., an Illinois corporation (the "Developer"), is the owner of certain parcels of vacant property, and legally described on Exhibit A-2 attached hereto (the "Developer Property", and together with the City Property (the "Property"), which are located in the Cicero/Archer T.l.F. Area; and WHEREAS, The Developer has proposed to purchase the City Property for its fair market value of Two Hundred Thirty-five Thousand and no/100 Dollars ($235,000.00) and thereafter develop, construct, and operate on the property a 74-room, three-story, business hotel, under the Days Inn brand as more fully described herein; and WHEREAS, By Resolution Number 09-CDC- adopted on May 12, 2009, the Commission authorized the Department of Community Development (the "Department") to advertise its intention to enter into a negotiated sale with the Developer for the redevelopment ofthe Parcel; approved the Department's request to advertise for alternative proposals; and recommended that City Council approve the sale of the City Property to the Developer if no alternative proposals were received without further Commission action; and 7/29/2009 REPORTS OF COMMITTEES 67683 WHEREAS, The Department published the notice on three (3) separate dates, namely on [Insert Dates], requested alternative proposals for the redevelopment of the Parcel and provided reasonable opportunity for other persons to submit alternative bids or proposals; and WHEREAS, No alternative proposals were received by the deadline indicated in the aforesaid notice; now, therefore, Be It Ordained by the City Council of the City of Chicago: SECTION 1. The foregoing recitals are hereby adopted as the findings of the City Council. SECTION 2. The Commissioner of the Department of Community Development (the "Commissioner") or a designee of the Commissioner are each hereby authorized, with the approval ofthe City's Corporation Counsel as to form and legality, to negotiate, execute and deliver a redevelopment agreement between the Developer and the City substantially in the form attached hereto as Exhibit Band made a part hereof (the "Redevelopment Agreement"), and such other supporting documents as may be necessary or appropriate to carry out and comply with the provisions ofthe Redevelopment Agreement, with such changes, deletions and insertions as shall be approved by the persons executing the Redevelopment Agreement. SECTION 3. The City is hereby authorized to sell and convey to the Developer the City Property for the sum of Two Hundred Thirty-five Thousand and no/100 Dollars ($235,000.00) in accordance with and subject to the terms of Redevelopment Agreement. SECTION 4. The Mayor or his proxy is authorized to execute, and the City Clerk to attest, a quitclaim deed conveying to the Developer, orto a land trust of which the Developer is the sole beneficiary, or to a business entity of which the Developer is the sole controlling party, the City Property for the consideration described therein and otherwise in accordance with and subject to the terms of such Redevelopment Agreement. SECTION 5. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any ofthe other provisions of this ordinance. SECTION 6. All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict, SECTION 7. This ordinance shall be in full force and effect immediately upon it passage and approval. [Exhibit "A-2" referred to in this ordinance unavailable at time of printing.] Exhibits 'A-1" and "B" referred to in this ordinance read as follows: 67684 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Exhibit "A-1". (To Ordinance) Legal Description Of City Property. (Subject To Final Survey And Title Commitment) [To Come] Commonly Known As; 4600 - 4630 South Cicero Avenue Chicago, Illinois. Permanent Index Numbers; 19-04-431^025; and 19-04-431-026. Exhibit "B". (To Ordinance) Agreement For The Sale And Redevelopment Of Land. This Agreement for the Sale and Redevelopment of Land ("Agreement") is made on or as of the day of , 2009, by and between the City of Chicago, an Illinois municipal corporation ("City"), acting by and through its Department of Community Development ("D.C.D."), having its principal offices at City Hall, 121 North LaSalle Street, Chicago, Illinois 60602, and Isabella Group, Inc., an Illinois corporation ("Developer"), located at 6327 Davane Court, Downers Grove, Illinois 60516. Recitals. Whereas, The Developer desires to purchase from the City certain real property having the common address of 4618 - 4620 South Cicero Avenue, Chicago, Illinois, as more fully described on (Sub)Exhibit A-1 attached hereto (the "City Property"); and 7/29/2009 REPORTS OF COMMITTEES 67685 Whereas, The Developer owns certain real property (the "Developer Property") adjacent to the City Property as more fully described on (Sub)Exhibit A-2, and which, together with the City Property, is referred to hereinafter collectively as the "Property"; and Whereas, The Property is located within the Cicero-Archer Tax Increment Financing Redevelopment Project Area (the "Project Area"), as created by ordinances ofthe Chicago City Council adopted May 17, 2000 and published at pages 31380 through 31518 of the Journal ofthe Proceedings ofthe City Council ofthe City of Chicago for such date; and Whereas, The full cash market value of the City Property is Two Hundred Thirty-five Thousand and no/100 Dollars ($235,000.00); and Whereas, The City is willing to sell the City Property to the Developer for such sum in consideration ofthe Developer's fulfillment of its obligations underthis Agreement including the obligations to develop, construct and operate a 74-room, three-story business hotel, under the Days Inn brand, as more fully set forth in (Sub)Exhibit B attached hereto (such project, the "Project); and Whereas, The Project is consistent with the Cicero/Archer Tax Increment Redevelopment Plan and Project (the "Redevelopment Plan"); Now, Therefore, In consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Incorporation Of Recitals. The recitals set forth above constitute an integral part of this Agreement and are incorporated herein by this reference with the same force and effect as if set forth herein as agreements ofthe parties. Section 2. Purchase Price. Subject to the terms, covenants and conditions of this Agreement, the City agrees to sell the City Property to the Developer, and the Developer agrees to purchase the City Property from the City for the amount of Two Hundred Thirty-five Thousand and no/100 Dollars ($235,000.00) ("Purchase Price"). Payment for the City Property must be paid by 67686 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 cashier's or certified check on the Closing Date. All other closing costs shall be borne by Developer. Section 3. Earnest Money And Performance Deposit. 3.1 Earnest Money. Upon execution of this Agreement, the Developer shall deposit with the City Earnest Money in Eleven Thousand Seven Hundred Fifty and no/100 Dollars ($11,750.00). On the date of Closing, the Earnest Money shall be applied towards the Developer's obligation to pay the Purchase Price. If the Developer fails to close by the Outside Closing Date (as defined below), the Earnest Money shall be forfeited to the City as liquidated damages. 3.2 Performance Deposit. Upon execution of this Agreement, the Developer shall deposit with the City a Performance Deposit in Eleven Thousand Seven Hundred Fifty and no/100 Dollars ($11,750.00), as security forthe performance of its obligations underthis Agreement ("Performance Deposit"), which the City will retain until the City issues a Certificate of Completion (as defined in Section 13). The Performance Deposit shall be refunded to the Developer upon the issuance of said Certificate of Completion or otherwise pursuant to the provisions of this Agreement, but shall be forfeited to the City if the Developer defaults in any of its obligations under the terms of this Agreement (i.e., any "Event of Default" as defined in Section 19.C.2 of this Agreement). 3.3 Interest. The City will pay no interest to the Developer on the Earnest Money of the Performance Deposit. Section 4. Closing. The closing of the transfer of the City Property from the City to the Developer ("Closing") 7/29/2009 REPORTS OF COMMITTEES 67687 shall take place at the downtown offices of Chicago Title Insurance Company, 171 North Clark Street, Chicago, Illinois 60601, within thirty (30) days after the Developer has obtained all necessary building permits and zoning approvals for the Project, as required pursuant to Section 7, or on such date as the parties mutually agree upon in writing (the "Closing Date"); provided, however, in no event shall the Closing occur (1) until and unless the conditions precedent set forth in Section 9 are all satisfied, unless D.C.D., in its sole discretion waives such conditions, and (2) any later than February 28, 2010 (the "Outside Closing Date"), unless D.C.D., in its sole discretion, extends the Outside Closing Date, which extension shall not be for more than an additional six (6) months. At the Closing, the City shall deliver to the Developer (i) the Deed (as defined below) and (ii) possession of the City Property, each subject only to the Permitted Exceptions. Section 5. Conveyance Of Title. A. Form Of Deed. The City shall convey the City Property to the Developer by quitclaim deed ("Deed"), subject to the terms of this Agreement and the following ("Permitted Exceptions"); 1. the Redevelopment Plan for the Redevelopment Area; 2. standard exceptions in an ALTA title insurance policy; 3. general real estate taxes and any special assessments or other taxes; 4. all easements, encroachments, covenants and restrictions of record and not shown of record that will not adversely affect the use and insurability of the City Property for the development of the Project; 5. such other title defects as may exist that will not adversely affect the use and insurability of the City Property for the development of the Project; and 6. any and all exceptions caused by the acts of the Developer or its agents. B. Recording Costs. The Developer shall pay to record the Deed, this Agreement, and any other documents incident to the conveyance of the City Property to the Developer. C Escrow. If the Developer requires conveyance through escrow, the Developer shall pay all escrow fees. 67688 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Section 6. Title, Survey And Real Estate Taxes. 6.1 Title Commitment And Insurance. Not less than thirty (30) days before the anticipated Closing Date, the Developer shall order a current title commitment issued by Chicago Title Insurance Company (the "Title Company") with respect to the Property, and showing the Developer in title to the Developer Property. The Developer shall pay the cost of, and shall be responsible for, obtaining on the Closing Date, any title insurance, extended coverage and any endorsements it deems necessary. The City agrees to provide the Title Company with a completed ALTA owner's statement, and other transfer documents typically required by the Title Company and typically provided by the City (but expressly excluding, however, any "gap" undertakings, title indemnities and similar liabilities) at or prior to the Closing (as defined below). 6.2 Survey. The Developer will be responsible for obtaining, at Developer's expense, a survey for the Property. 6.3 Real Estate Taxes. The City shall use reasonable efforts to obtain the waiver of any delinquent real estate tax liens on the City Property prior to the Closing Date. If the City is unable to obtain the waiver of any such tax liens, either party may terminate this Agreement. If the City is unable to obtain the waiver of such taxes and the Developer elects to close, the Developer shall assume the responsibility for any such delinquent real estate taxes. The Developer shall also be responsible for all taxes accruing after the Closing. Until a Certificate of Completion (as described in Section 13) is issued by the City, the Developer shall notify the City that real estate taxes for the property have been paid in full within ten (10) days of such payment. Section 7. Building Permits And Other Governmental Approvals. The Developer shall apply for all necessary building permits and other required permit approvals no later than ninety (90) days after the City Council authorizes the sale of the City Property, shall pursue such permits and approvals in good faith and with all due diligence, and shall provide evidence prior to the Closing. 7/29/2009 REPORTS OF COMMITTEES 67689 Section 8. Project Budget And Proof of Financing. The total project budget is currently estimated to be Seven Million One Hundred Eleven Thousand Dollars ($7,111,000) (the "Preliminary Project Budget"). Not less than fourteen (14) days prior to the Closing Date, the Developer shall submit to D.C.D. for approval a final project budget materially consistent with Preliminary Project Budget ("Budget") and evidence of funds adequate to finance the purchase ofthe City Property and construct the Project ("Proof of Financing"). The Proof of Financing shall consist of final loan documents for a construction loan in the amount of approximately Five Million Six Hundred Eleven Thousand Dollars ($5,611,000), and evidence ofthe Developer's ability to make an equity contribution in the amount of no less than One Million Five Hundred Thousand Dollars ($1,500,000). Section 9. Conditions To The City's Obligation To Close. The obligations of the City under this Agreement are contingent upon the Developer delivering each of the following to the City at least seven (7) days prior to the Closing Date, unless another period is specified below; 9.1 Final Governmental Approvals. All building permits and other final governmental approvals, including but not limited to all requisite zoning approvals, necessary to construct the Project. 9.2 Budget And Proof Of Financing. The Developer's Budget and Proof of Financing. 9.3 Simultaneous Loan Closing. On the Closing Date, the Developer shall simultaneously close the construction loan financing, contribute Developer's equity (if not previously contributed), and be in a position to immediately commence construction of the Project. 9.4 Insurance. Insurance reasonably acceptable to the City prior to the Closing Date. Prior to the issuance of a Certificate, the City shall be named as an additional insured on any liability 67690 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 insurance policies and as a loss payee (subject to the prior rights of any first mortgagee) on any property insurance policies from the Closing Date through the date the City issues the Certificate of Completion (as defined in Section 13). With respect to property insurance, the City will accept an ACORD 28 form. With respect to liability insurance, the City will accept an ACORD 25 form, together with a copy of the endorsement that is added to the Developer's policy showing the City as an additional insured. 9.5 Legal Opinion. A legal opinion in substantially the same form attached hereto as (Sub)Exhibit C 9.6 Due Diligence. Due diligence searches in the Developer's name (UCC, state and federal tax lien, pending litigation and judgments in Cook County and the United States District Court for the Northern District of Illinois, and bankruptcy) showing no unacceptable liens, litigations, judgments or filings, as reasonably determined by the City's Corporation Counsel. 9.7 Organization And Authority Documents. Certified articles of incorporation, including all amendments thereto, of the Developer, as furnished and certified by the Secretary of State of the State of Illinois; resolution authorizing the Developer to execute'and deliver this Agreement; and any other documents required to complete the transaction contemplated by this Agreement and to perform its obligations under this Agreement; a Certificate of Good Standing dated no more than thirty (30) days prior to the Closing Date, issued by the Office of the Secretary of State of the State of Illinois, as to the good standing of the Developer; and such other organizational documents as the City may reasonably request. 9.8 Subordination Agreement. Prior to recording any mortgage approved pursuant to Section 9.2, the Developer shall deliver to the City a subordination agreement executed by the construction lender substantially in the form attached hereto as (Sub)Exhibit D (the "Subordination Agreement"). 9.9 M.B.E./W.B.E. And Local Hiring Compliance Plan. At least fourteen (14) days prior to the Closing Date, the Developer and the Developer's general contractor and all major subcontractors shall meet with staff from the D.CD.'s monitoring section regarding compliance with the M.B.E./W.B.E. and local hiring 7/29/2009 REPORTS OF COMMITTEES 67691 requirements set forth in this Agreement pursuant to Section 23, and at least seven (7) days prior to the Closing Date, the City shall have approved the Developer's compliance plan in accordance with Section 23. 9.10 Days Inn Agreements. The franchise, license, operation, management and other agreements that establish the contractual undertakings necessary for the Project to be operated as a Days Inn hotel. 9.11 Representations And Warranties. On the Closing Date, each of the representations and warranties of the Developer in Section 24 and elsewhere in this Agreement shall be true and correct. 9.12 Other Obligations. On the Closing Date, the Developer shall have performed all of the other obligations required to be performed by the Developer under this Agreement as and when required under this Agreement. If any of the conditions in this Section 9 have not been satisfied to the City's reasonable satisfaction within the time period provided for herein, the City may, at its option, terminate this Agreement by delivery of written notice to the Developer at any time after the expiration of the applicable time period, this Agreement shall be null and void and, except as otherwise specifically provided, neither party shall have any further right, duty or obligation hereunder. Any forbearance by the City in exercising its right to terminate this Agreement upon a default hereunder shall not be construed as a waiver of such right. Section 10. Site Plans And Architectural Drawings. 10.1 Site Plans. The Developer agrees to construct the Project on the Property in accordance with the Site Plans and Architectural Drawings prepared by Axios Consultants dated February 17, 2009, which have been approved by D.C.D. as ofthe date hereof and which are incorporated herein by reference ("Drawings"). No material deviation from the Drawings may be made without the prior written approval of D.C.D. 67692 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 10.2 Relocation Of Utilities, Curb Cuts And Driveways. To the extent necessary to complete the Project, the Developer shall be solely responsible for and shall pay all costs in regard to; (a) the relocation, installation or construction of public or private utilities, curb cuts and driveways; (b) the repair or reconstruction of any curbs, vaults, sidewalks or parkways required in connection with the Developer's redevelopment; (c) the removal of existing pipes, utility equipment or building foundations; and (d) the termination of existing water or other services. Any streetscaping, including any paving of sidewalks, landscaping and lighting provided by the Developer, as part of the Project, must be approved by the City. 10.3 Inspection By The City. For the period commencing on the Closing Date and continuing through the date the City issues a Certificate of Completion, any duly authorized representative of the City shall have access to the Property at all reasonable times for the purpose of determining whether the Developer is constructing the Project in accordance with the terms of this Agreement and all applicable federal, state and local statutes, laws, ordinances, codes, rules, regulations, orders and judgments, including, without limitation, Sections 7-28 and 11-4 of the Municipal Code of Chicago relating to waste disposal (collectively, "Laws"). 10.4 Barricades And Signs. The Developer agrees to erect such signs as the City may reasonably require identifying the Property as a City redevelopment project. The Developer may erect signs of its own incorporating such approved identification information upon the execution of this Agreement, prior to Closing. Prior to the commencement of any construction activity requiring barricades, the Developer shall install a construction barricade of a type and appearance satisfactory to the City and constructed in compliance with all applicable federal, state or City laws, ordinances and regulations. The City shall have the right to approve the maintenance, appearance, color scheme, painting, nature, type, content and design of all barricades, which approval shall not be unreasonably withheld or delayed. Section 11. Limited Applicability. D.CD.'s approval ofthe Drawings are for the purposes of this Agreement only and do not constitute the approval required by the City's Department of Construction and Permits ("D.C.A.P.") or any other City department; nor does the approval by D.C.D. pursuant to this Agreement constitute an approval of the quality, structural soundness or the safety of any improvements located or to be located on the Property. The approval given by D.C.D. shall be only for the benefit of the Developer and any lienholder authorized by this Agreement. 7/29/2009 REPORTS OF COMMITTEES 67693 Section 12. Commencement And Completion Of Project. The conveyance of the City Property to the Developer shall not occur unless and until the Developer is prepared to commence construction of the Project within thirty (30) days after the Closing Date. In no instance shall (a) the Closing Date occur later than the dates set forth in Section 4 herein, (b) construction commence later than six (6) months after the Closing Date, or (c) construction be completed later than eighteen months (18) after the Closing Date. D.C.D. shall have discretion to extend the dates in (b) and (c) by up to six (6) months each (i.e. twelve (12) months, in aggregate) by issuing a written extension letter. The Project shall be constructed and operated substantially in accordance with the Drawings and in accordance with all applicable laws, regulations and codes. Section 13. Certificate Of Completion. Upon the completion of the Project in accordance with this Agreement, the Developer shall request from the City a Certificate of Completion ("Certificate") in recordable form. Recordation of such Certificate shall constitute a conclusive determination of satisfaction and termination of the covenants in this Agreement and the Deed with respect to the obligations of the Developer to construct the Project. Within thirty (30) days after receipt of a written request by the Developer for a Certificate, the City shall provide the Developer with either the Certificate or a written statement indicating in adequate detail how the Developer has failed to complete the Project in conformity with this Agreement, or is otherwise in default, and what measures or acts will be necessary, in the sole opinion of the City, for the Developer to take or perform in order to obtain the Certificate. If the City requires additional measures or acts to assure compliance, the Developer shall resubmit a written request for the Certificate upon compliance with the City's response. The Project shall be constructed in accordance with the Drawings and all applicable laws, regulations and codes. Section 14. Restriction On Use. The Developer agrees that it; (a) shall develop the Property with the Project described herein and thereafter devote the Property or any part thereof to a use that complies with the Redevelopment Plan until the Redevelopment Plan expires; and 67694 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (b) shall not discriminate on the basis of race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, or source of income in the sale, lease, rental, use or occupancy of the Property or any part thereof; and (c) shall operate the Project as a hotel under the Days Inn brand or such other comparable "two star" or better or "two diamond" or better national hotel franchise as may be determined and consented to in writing by D.C.D., in its reasonable discretion. A "two star" or "two diamond" national hotel franchise shall be deemed to be one where the hotel property meets a traveler's basic needs for comfort and convenience while offering moderate aesthetic enhancements in the property grounds, room decor, and quality of furnishings. Some may offer limited restaurant service, however amenities such room service, valet parking, a swimming pool or a fitness center are usually not provided. Current examples of "two star" or "two diamond" hotels besides Days Inn would include Comfort Inn and Quality Inn. D.C.D., in its sole an absolute discretion, may also consent to the Developer's substitution of an alternate hotel operator or franchise. Section 15. Prohibition Against Transfer Of Property. Prior to the issuance of the Certificate, as provided herein, the Developer may not, without the prior written consent of D.C.D., which consent shall be in D.CD.'s sole discretion; (a) directly or indirectly sell or convey the Property or any part thereof or any interest therein, or the Developer's controlling interests therein; or (b) directly or indirectly assign this Agreement. In the event of a proposed sale, the City shall be provided copies of any and all sales contracts, legal descriptions, descriptions of intended use, certifications from the proposed buyer regarding this Agreement and such other information as the City may reasonably request. The proposed buyer must be qualified to do business with the City (including but not limited to anti-scofflaw requirement). The Developer may assign the Property to a wholly owned subsidiary. Notwithstanding the foregoing, the Developer shall be permitted to encumber the Property in accordance with the terms of Section 16 hereof. Section 16. Limitation Upon Encumbrance Of Property. Prior to the issuance of the Certificate, the Developer shall not, without D.CD.'s prior written consent, which shall be in D.CD.'s sole discretion, engage in any financing or other 7/29/2009 REPORTS OF COMMITTEES 67695 transaction which creates an encumbrance or lien on the Property, except for the purposes of obtaining (i) funds necessary to acquire the Property; (ii) funds necessary to construct the Project in accordance with the initial construction financing approved by D.C.D. pursuant to Section 8 and (iii) after construction, funds necessary to own, maintain and operate the Property in accordance with the requirements of this Agreement. Section 17. Mortgagees Not Obligated To Construct. Notwithstanding any other provision of this Agreement or of the Deed, the holder of any mortgage authorized by this Agreement (or any affiliate of such holder) shall not itself be obligated to construct or complete the Project, or to guarantee such construction or completion, but shall be bound by the other covenants running with the land specified in Section 18 and, at Closing, shall execute a Subordination Agreement (as defined in Section 9.8). If any such mortgagee or its affiliate succeeds to the Developer's interest in the Property prior to the issuance of the last Partial Certificate of Completion, whether by foreclosure, deed-in-lieu of foreclosure or otherwise, and thereafter transfers its interest in the Property to another party, such transferee shall be obligated to complete the Project, and shall also be bound by the other covenants running with the land specified in Section 18. Section 18. Covenants Running With The Land. The parties agree, and the Deed shall so expressly provide, that the covenants provided in Section 12 (Commencement and Completion of Project), Section 14 (Restrictions on Use), Section 15 (Prohibition Against Sale or Transfer of Property) and Section 16 (Limitation Upon Encumbrance of Property) will be covenants running with the land, binding on the Developer and its successors and assigns (subject to the limitation set forth in Section 17 above as to any permitted mortgagee) to the fullest extent permitted by law and equity for the benefit and in favor of the City, and shall be enforceable by the City. The covenants provided in Section 12, Section 15 and Section 16 shall terminate upon the issuance ofthe Certificate of Completion. The covenants provided in Section 14(a) and (c) shall terminate upon the expiration ofthe term ofthe Redevelopment Plan. The covenants provided in Section 14(b) shall run with the land in perpetuity. 67696 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Section 19. Performance And Breach. A. Time Of The Essence. Time is of the essence in the Developer's performance of its obligations under this Agreement. B. Permitted Delays. The Developer shall not be considered in breach of its obligations under this Agreement in the event of a delay due to unforeseeable causes beyond the Developer's control and without the Developer's fault or negligence, including but not limited to, acts of God, acts ofthe public enemy, acts ofthe United States government, fires, floods, epidemics, quarantine restrictions, strikes, embargoes and unusually severe weather or delays of subcontractors due to such causes. The time for the performance of the obligations shall be extended only for the period of the delay and only if the Developer requests it in writing of the City within twenty (20) days after the beginning of any such delay. C Breach. 1. Generally. Subject to Section 19. B, if the Developer defaults in performing its obligations under this Agreement and the City shall deliver written notice of such default, the Developer shall have a sixty (60) day cure period to remedy such default from the City's delivery of such notice. If the default is not capable of being cured within the sixty (60) day period, then provided the Developer has commenced to cure the default and is diligently proceeding to cure the default within the sixty (60) day period, and thereafter diligently prosecutes such cure through to completion, then the sixty (60) day period shall be extended for the length of time that is reasonably necessary to cure the default. If the default is not cured in the time period provided for herein, the City may institute such proceedings at law or in equity as may be necessary or desirable to cure and remedy the default, including but not limited to, proceedings to compel specific performance. No notice or cure period shall apply to a failure to close the respective dates as set forth in Section 4 herein. Unless the failure to close is due to circumstances described in Section 19.B above or caused by a breach bythe City under the terms of this Agreement, such failure shall constitute an immediate "Event of Default". Failure to close by such Closing Date shall entitle the City to terminate this Agreement. 2. Event Of Default. The occurrence of any one or more of the following shall constitute an "Event of Default" after written notice from the City (if required) and the applicable cure or grace period (if any): 7/29/2009 REPORTS OF COMMITTEES 67697 a. the Developer fails to perform any obligation of Developer under this Agreement; which default is not cured pursuant to Section 19.C.1; or b. the Developer makes or furnishes a warranty, representation, statement or certification to the City (whether in this Agreement, an Economic Disclosure Form, or another document) which is not true and correct, which default is not cured pursuant to Section 19.C.1; or c. a petition is filed by or against the Developer under the Federal Bankruptcy Code or any similar state or federal law, whether now or hereinafter existing, which is not vacated, stayed or set aside within thirty (30) days after filing; or d. except as excused by Section 19.B above, the Developer abandons or substantially suspends the construction work (no notice or cure period shall apply); or e. the Developer fails to timely pay real estate taxes or assessments affecting the Property or suffers or permits any levy or attachment, material suppliers' or mechanics' lien, or any other lien or encumbrance unauthorized by this Agreement to attach to the Property, which default is not cured pursuant to Section 19.C.1; or f the Developer makes an assignment, pledge, unpermitted financing, encumbrance, transfer or other disposition in violation of this Agreement (no notice or cure period shall apply); or g. the Developer's financial condition, operations adversely changes to such an extent that would materially affect the Developer's ability to complete the Project which default is not cured pursuant to Section 19.C.1; or h. the Developer fails to comply with the terms of any other written agreement entered into with the City with respect to the Project, which default is not cured pursuant to Section 19.C.1; or i. failure to close by the respective dates as set forth in Section 4 herein (no notice shall apply), except as excused by Section 19.B above. 3. Prior To Conveyance. Prior to Closing, if an Event of Default occurs and is continuing, the City may terminate this Agreement. 4. After Conveyance. After Closing, if an Event of Default occurs and is continuing, the City, may exercise any and all remedies available to the City at law or in equity. Notwithstanding the foregoing. 67698 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 after the issuance of a Certificate, the City's right of reverter shall no longer be enforceable but the City shall be entitled to all other remedies, including, without limitation, specific enforcement of the covenants that run with the land. The Developer shall be entitled to receive any remaining proceeds up to the amount of the Developer's equity investment in the City Property. D. Waiver And Estoppel. Any delay by the City in instituting or prosecuting any actions or proceedings or othenwise asserting its rights shall not operate as a waiver of such rights or operate to deprive the City of or limit such rights in any way. No waiver made by the City with respect to any specific default by the Developer shall be construed, considered or treated as a waiver of the rights of the City with respect to any other defaults of the Developer. Section 20. Conflict Of Interest; City's And Developer's Representatives Not Individually Liable. The Developer warrants that no agent, official, or employee of the City shall have any personal interest, direct or indirect, in this Agreement or the City Property, nor shall any such agent, official or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any entity or association in which he or she is directly or indirectly interested. No agent, official, or employee of the City shall be personally liable to the Developer or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Developer or successor or on any obligation under the terms of this Agreement. It is expressly understood and agreed to by and between the parties hereto, anything herein to the contrary notwithstanding, that no individual member of the Developer, its officers, members of its board of directors, officials, agents, representatives or employees shall be personally liable for any of the Developer's obligations or any undertaking or covenant of the Developer contained in this Agreement. Section 21. Indemnification. The Developer agrees to indemnify, defend and hold the City harmless from and against any losses, costs, damages, liabilities, claims, suits, actions, causes of action and expenses (including, without limitation, reasonable attorneys' fees and court costs) suffered or incurred 7/29/2009 REPORTS OF COMMITTEES 67699 by the City arising from or in connection with: (i) an Event of Default that has occurred; (ii) the failure of the Developer or any contractor to pay contractors, subcontractors or material suppliers in connection with the construction of the Project; (iii) the failure of the Developer to redress any misrepresentations or omissions in this Agreement or any other agreement relating hereto; and (iv) any actions, including but not limited to, conducting environmental tests on the Property as set forth in Section 22 herein, resulting from any activity undertaken by the Developer on the Property prior to or after the conveyance of said City Property to the Developer by the City. This indemnification shall survive any termination of this Agreement. Section 22. Environmental Matters. The City makes no covenant, representation or warranty as to the environmental condition of the City Property or the suitability of the City Property for any purpose whatsoever, and the Developer agrees to accept the City Property "as is". It shall be the responsibility of the Developer, at its sole cost and expense, to investigate and determine the soil and environmental condition of the City Property. Prior to the Closing, the Developer shall have the right to request a thirty (30) day right of entry for the purpose of conducting environmental tests on the City Property. If such a request is made, the City shall grant the Developer a right of entry for such purpose. The granting of the right of entry, however, shall be contingent upon the Developer obtaining all necessary permits and the following types and amounts of insurance; a) commercial general liability insurance with a combined single limit of not less than Two Million and no/100 Dollars ($2,000,000.00) per occurrence for bodily injury, personal injury and property damage liability with the City named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the environmental testing on the Property; b) automobile liability insurance with limits of not less than Two Million and no/100 Dollars ($2,000,000.00) per occurrence, combined single limit for bodily injury and property damage; and c) worker's compensation and occupational disease insurance in statutory amounts covering all employees and agents who are to do any work on the Property. All insurance policies shall be from insurance companies authorized to do business in the State of Illinois, and shall remain in effect until completion of all activity on the Property. The City shall be named as an additional insured on all policies. The Developer shall deliver duplicate policies or certificates of insurance to the City prior to commencing any activity on the Property. The Developer expressly understands and agrees that any coverage and limits furnished by the Developer shall in no way limit the Developer's liabilities and responsibilities set forth in this Agreement. The Developer agrees to carefully inspect the City Property prior to the commencement of any activity on the City Property to make sure that such activity shall not damage surrounding property, structures, utility lines or any subsurface lines or cables. The Developer shall be solely responsible for the safety and protection of the public. The City reserves the right to 67700 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 inspect any work being done on the City Property. The Developer's activities on the City Property shall be limited to those reasonably necessary to perform the environmental testing. Upon completion of the work, the Developer agrees to restore the City Property to its original condition. The Developer shall keep the City Property free from any and all liens and encumbrances arising out of any work performed, materials supplied or obligations incurred by or for the Developer, and agrees to indemnify and hold the City harmless against any such liens. The Developer agrees to deliver to the City a copy of each report prepared by or for the Developer regarding the environmental condition of the City Property. If prior to the Closing, the Developer's environmental consultant determines that contamination exists on the City Property to such an extent that the parties agree that the estimated cost of remediation (such estimated cost being determined by the consultant) is too excessive for the Developer, the Developer may declare this Agreement null and void by giving written notice thereof to the City. The Developer agrees that a request to terminate this Agreement shall not be made until the City has reviewed all reports concerning the condition of the City Property. If after the Closing, the environmental condition ofthe Property is not in all respects entirely suitable for the use to which the Property is to be utilized, it shall be the sole responsibility and obligation of the Developer to take such action as is necessary to put the Property in a condition which is suitable for the intended use of the Property. The Developer agrees to waive, release and indemnify the City from any claims and liabilities relating to or arising from the environmental condition ofthe Property (including, without limitation, claims arising under CERCLA) and to undertake and discharge all liabilities of the City arising from any environmental condition which existed on the Property prior to the Closing. Section 23. Developer's Employment Obligations. A. Employment Opportunity. The Developer agrees, and shall contractually obligate its various contractors, subcontractors and any affiliate of the Developer operating on the Property (collectively, the "Employers" and individually, an "Employer") to agree that with respect to the provision of services in connection with the construction of the Project or occupation ofthe Property during the construction period; (i) Neither the Developer nor any Employer shall discriminate against any employee or applicant for employment based upon race, religion, color, sex, national origin or ancestry, age, handicap or disability, sexual orientation, military discharge status, marital status, parental status or source of income as defined in the City of Chicago Human Rights Ordinance, Section 2-160-010, et seq. of the Municipal Code of Chicago, as amended from time to time (the "Human Rights Ordinance"). The Developer and each Employer shall take affirmative action to ensure that applicants 7/29/2009 REPORTS OF COMMITTEES 67701 are hired and employed without discrimination based upon race, religion, color, sex, national origin or ancestry, age, handicap or disability, sexual orientation, military discharge status, marital status, parental status or source of income and are treated in a non-discriminatory manner with regard to all job-related matters, including, without limitation; employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or noitaniirmet rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Developer and each Employer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the.City setting forth the provisions of this nondiscrimination clause. In addition, the Developer and each Employer, in all solicitations or advertisements for employees, shall state that all qualified applicants shall receive consideration for employment without discrimination based upon race, religion, color, sex, national origin or ancestry, age, handicap or disability, sexual orientation, military discharge status, marital status, parental status or source of income. (ii) To the greatest extent feasible, the Developer and each Employer shall present opportunities for training and employment of low- and moderate-income residents of the City, and provide that contracts for work in connection with the construction ofthe Project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the City. (iii) The Developer and each Employer shall comply with all federal, state and local equal employment and affirmative action statutes, rules and regulations, including, without limitation, the Human Rights Ordinance, and the Illinois Human Rights Act, 775 ILCS 511-101, et seq. (1993), and any subsequent amendments and regulations promulgated thereto. (iv) The Developer, in order to demonstrate compliance with the terms of this section, shall cooperate with and promptly and accurately respond to inquiries by the City, which has the responsibility to observe and report compliance with equal employment opportunity regulations of federal, state and municipal agencies. (v) The Developer and each Employer shall include the foregoing provisions of subparagraphs (i) through (iv) in every contract entered into in connection with the construction ofthe Project, and shall require inclusion of these provisions in every subcontract entered into by any subcontractors, and every agreement with any affiliate operating on the Property, so that each such provision shall be binding upon each contractor, subcontractor or affiliate, as the case may be. (vi) Failure to comply with the employment obligations described in this Section 23 shall be a basis for the City to pursue remedies under the provisions of Section 19. B. City Resident Employment Requirement. The Developer agrees, and shall contractually obligate each Employer to agree, that during the construction of the Project, it and they shall 67702 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 comply with the minimum percentage of total worker hours performed by actual residents of the City of Chicago as specified in Section 2-92-330 of the Municipal Code of Chicago (at least fifty percent (50%) of the total worker hours worked by persons on the construction of the Project shall be performed by actual residents ofthe City of Chicago); provided, however, that in addition to complying with this percentage, the Developer and each Employer shall be required to make good faith efforts to utilize qualified residents ofthe City of Chicago in both unskilled and skilled labor positions. The Developer and the Employers may request a reduction or waiver of this minimum percentage level of Chicagoans as provided for in Section 2-92-330 of the Municipal Code of Chicago in accordance with standards and procedures developed by the Purchasing Agent of the City of Chicago. "Actual residents of the City of Chicago" shall mean persons domiciled within the City of Chicago. The domicile is an individual's one and only true, fixed and permanent home and principal establishment. The Developer and the Employers shall provide forthe maintenance of adequate employee residency records to ensure that actual Chicago residents are employed on the construction of the Project. The Developer and the Employers shall maintain copies of personal documents supportive of every Chicago employee's actual record of residence. Weekly certified payroll reports (United States Department of Labor Form WH-347 or equivalent) shall be submitted to the Commissioner of the City of Chicago Department of Housing ("D.O.H.") in triplicate, which shall identify cleariy the actual residence of every employee on each submitted certified payroll. The first time that an employee's name appears on a payroll, the date that the company hired the employee should be written in after the employee's name. The Developer and the Employers shall provide full access to their employment records to the Chief Procurement Officer, the Commissioner of D.O.H., the superintendent of the Chicago Police Department, the Inspector General, or any duly authorized representative thereof The Developer and the Employers shall maintain all relevant personnel data and records for a period of at least three (3) years from and after the issuance of the Certificate of Completion. At the direction of D.O.H., the Developer and the Employers shall provide affidavits and other supporting documentation to verify or clarify an employee's actual address when doubt or lack of clarity has arisen. Good faith efforts on the part of the Developer and the Employers to provide work for actual Chicago residents (but not sufficient for the granting of a waiver request as provided for in the standards and procedures developed by the Chief Procurement Officer) shall not suffice to replace the actual, verified achievement ofthe requirements of this Section concerning the worker hours performed by actual Chicago residents. 7/29/2009 REPORTS OF COMMITTEES 67703 If the City determines that the Developer or an Employer failed to ensure the fulfillment of the requirements of this Section concerning the worker hours performed by actual Chicago residents or failed to report in the manner as indicated above, the City will thereby be damaged in the failure to provide the benefit of demonstrable employment to Chicagoans to the degree stipulated in this Section. If such non-compliance is not remedied in accordance with the breach and cure provisions of Section 19.C., the parties agree that one-twentieth of one percent (.05%) of the aggregate hard construction costs set forth in the Budget shall be surrendered by the Developer and for the Employers to the City in payment for each percentage of shortfall toward the stipulated residency requirement. Failure to report the residency of employees entirely and correctly shall result in the surrender of the entire liquidated damages as if no Chicago residents were employed in either of the categories. The willful falsification of statements and the certification of payroll data may subject the Developer and/or the other Employers or employees to prosecution. Nothing herein provided shall be construed to be a limitation upon the "Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity, Executive Order 11246" and "Standard Federal Equal Employment Opportunity, Executive Order 11246", or other affirmative action required for equal opportunity under the provisions of this Agreement. The Developer shall cause or require the provisions of this Section 23.B to be included in all construction contracts and subcontracts related to the construction of the Project. C Developer's M.B.E./W.B.E. Commitment. The Developer agrees for itself and its successors and assigns, and, if necessary to meet the requirements set forth herein, shall contractually obligate the general contractor to agree that during the construction of the Project; (i) Consistent with the findings which support, as applicable, (a) the Minority-Owned and Women-Owned Business Enterprise Procurement Program, Section 2-92-420, et seq.. Municipal Code of Chicago (the "Procurement Program"), and (b) the Minority- and Women-Owned Business Enterprise Construction Program, Section 2-92-650, etseq., Municipal Code of Chicago (the "Construction Program," and collectively with the Procurement Program, the "M.B.E./W.B.E. Program"), and in reliance upon the provisions of the M.B.E./W.B.E. Program to the extent contained in, and as qualified by, the provisions of this Section 23.C, during the course of the Project, the following percentages of the M.B.E./W.B.E. Budget (as set forth in (Sub)Exhibit E hereto shall be expended for contract participation by minority-owned businesses ("M.B.E.s") and by women-owned businesses ("W.B.E.s."); (1) at least twenty-four percent (24%) by M.B.E.s; and (2) at least four percent (4%) by W.B.E.s. 67704 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (ii) For purposes of this Section 23.C only: (a) The Developer (and any party to whom a contract is let by the Developer in connection with the Project) shall be deemed a "contractor" and this Agreement (and any contract let by the Developer in connection with the Project) shall be deemed a "contract" or a "construction contract" as such terms are defined in Sections 2-92-420 and 2-92-670, Municipal Code of Chicago, as applicable. (b) The term "minority-owned business" or "M.B.E." shall mean a business identified in the Directory of Certified Minority Business Enterprises published by the City's Department of Procurement Services, or othenwise certified by the City's Department of Procurement Services as a minority-owned business enterprise, related to the Procurement Program orthe Construction Program, as applicable. (c) The term "women-owned business" or "W.B.E." shall mean a business identified in the Directory of Certified Women Business Enterprises published by the City's Department of Procurement Services, or otherwise certified by the City's Department of Procurement Services as a women-owned business enterprise, related to the Procurement Program orthe Construction Program, as applicable. (iii) Consistent with Sections 2-92-440 and 2-92-720, Municipal Code of Chicago, the Developer's M.B.E./W.B.E. commitment may be achieved in part by the Developer's status as an M.B.E. or W.B.E. (but only to the extent of any actual work performed on the Project by the Developer) or by a joint venture with one or more M.B.E.s or W.B.E.s (but only to the extent ofthe lesser of (a) the M.B.E. or W.B.E. participation in such joint venture; or (b) the amount of any actual work performed on the Project by the M.B.E. or W.B.E.); by the Developer utilizing an M.B.E. or a W.B.E. as the general contractor (but only to the extent of any actual work performed on the Project by the general contractor); by subcontracting or causing the general contractor to subcontract a portion ofthe construction ofthe Project to one or more M.B.E.s or W.B.E.s; by the purchase of materials or services used in the construction of the Project from one or more M.B.E.s or W.B.E.s; or by any combination ofthe foregoing. Those entities which constitute both an M.B.E. and a W.B.E. shall not be credited more than once with regard to the Developer's M.B.E./W.B.E. commitment as described in this Section 23.C In accordance with Section 2-92-730, Municipal Code of Chicago, the Developer shall not substitute any M.B.E. or W.B.E. general contractor or subcontractor without the prior written approval of D.C.D. (iv) The Developer shall deliver quarteriy reports to the City's monitoring staff during the Project describing its efforts to achieve compliance with this M.B.E./W.B.E. commitment. Such reports shall include, inter alia, the name and business address of each M.B.E. and W.B.E. solicited by the Developer or the general contractor to work on the Project, and the responses received from such solicitation, the name 7/29/2009 REPORTS OF COMMITTEES 67705 and business address of each M.B.E. or W.B.E. actually involved in the Project, a description of the work performed or products or sen/ices supplied, the date and amount of such work, product or service, and such other information as may assist the City's monitoring staff in determining the Developer's compliance with this M.B.E./W.B.E. commitment. The Developer shall maintain records of all relevant data with respect to the utilization of M.B.E.s and W.B.E.s in connection with the Project for at least five (5) years after completion of the Project, and the City's monitoring staff shall have access to all such records maintained by the Developer, on five (5) business days notice, to allow the City to review the Developer's compliance with its commitmentto M.B.E./W.B.E. participation and the status of any M.B.E. or W.B.E. performing any portion ofthe Project. (v) Upon the disqualification of any M.B.E. or W.B.E. general contractor or subcontractor, if such status.was misrepresented by the disqualified party, the Developer shall be obligated to discharge or cause to be discharged the disqualified general contractor or subcontractor, and, if possible, identify and engage a qualified M.B.E. or W.B.E. as a replacement. For purposes of this subsection (v), the disqualification procedures are further described in Sections 2-92-540 and 2-92-730, Municipal Code of Chicago, as applicable. (vi) Any reduction orwaiver of the Developer's M.B.E./W.B.E. commitment as described in this Section 24.C shall be undertaken in accordance with Sections 2-92-450 and 2-92-730, Municipal Code of Chicago, as applicable. (vii) Prior to the commencement of the Project, the Developer shall meet with the City's monitoring staff with regard to the Developer's compliance with its obligations under this Section 23.C The general contractor and all major subcontractors shall be required to attend this pre-construction meeting. During said meeting, the Developer shall demonstrate to the City's monitoring staff its plan to achieve its obligations under this Section 23.C, the sufficiency of which shall be approved by the City's monitoring staff During the Project, the Developer shall submit the documentation required by this Section 23.C to the City's monitoring staff, including the following: (a) M.B.E./W.B.E. utilization plan and record; (b) subcontractor's activity report; (c) contractor's certification concerning labor standards and prevailing wage requirements; (d) contractor letter of understanding; (e) monthly utilization report; (f) authorization for payroll agent; (g) certified payroll; (h) evidence that M.B.E./W.B.E. contractor associations have been informed of the Project via written notice and hearings; and (i) evidence of compliance with job creation requirements. Failure to submit such documentation on a timely basis, or a determination by the City's monitoring staff, upon analysis of the documentation, that the Developer is not complying with its obligations underthis Section 23.C, shall, upon the delivery of written notice to the Developer, be deemed an Event of Default. Upon the occurrence of any such Event of Default, in addition to any other remedies provided in this Agreement, the City may; (1) issue a written demand to the Developer to halt the Project, (2) withhold any further payment of any city funds to the Developer or the general contractor, or (3) seek any other remedies against the Developer available at law or in equity. 67706 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Section 24. Representations And Warranties. 24.1 Representations And Warranties Of The Developer. To induce the City to execute this Agreement and perform its obligations hereunder, the Developer hereby represents and warrants to the City that as of the date of this Agreement and as of the Closing Date the following shall be true and correct in all respects: (a) The Developer is an Illinois corporation duly organized, validly existing and in good standing under the laws of the State of Illinois with full power and authority to acquire, own and redevelop the City Property, and the person signing this Agreement on behalf of the Developer has the authority to do so. (b) All certifications and statements contained in the Economic Disclosure Statement last submitted to the City by the Developer (and any legal entity holding an interest in the Developer) are true, accurate and complete. (c) The Developer's execution, delivery and performance of this Agreement and all instruments and agreements contemplated hereby will not, upon the giving of notice or lapse of time, or both, result in a breach or violation of, or constitute a default under, any other agreement to which the Developer, or any party affiliated with the Developer, is a party or by which the Developer or the Property is bound. (d) To the best of the Developer's knowledge, no action, litigation, investigation or proceeding of any kind is pending or threatened against the Developer, or any party affiliated with the Developer, and the Developer knows of no facts which could give rise to any such action, litigation, investigation or proceeding, which could; (i) affect the ability of the Developer to perform its obligations hereunder; or (ii) materially affect the operation or financial condition of the Developer. (e) To the best of the Developer's knowledge, the Project will not violate; (i) any laws, including, without limitation, any zoning and building codes and environmental regulations; or (ii) any building permit, restriction of record or other agreement affecting the Property. 24.2 Representations And Warranties Of The City. To induce the Developer to execute this Agreement and perform its obligations hereunder, the City hereby represents and warrants to the Developer that the City has authority under its home rule powers to execute and deliver this Agreement and perform the terms and obligations contained herein. 7/29/2009 REPORTS OF COMMITTEES 67707 24.3 Survival Of Representations And Warranties. Each of the parties agrees that all of its representations and warranties set forth in this Section 24 or elsewhere in this Agreement are true as of the date of this Agreement and will be true in all material respects at all times thereafter, except with respect to matters which have been disclosed in writing and approved by the other party. Section 25. Provisions Not Merged With Deed. The provisions of this Agreement shall not be merged with the Deed, and the delivery ofthe Deed shall not be deemed to affect or impair the provisions of this Agreement. Section 26. Headings. The headings of the various sections of this Agreement have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending, or affecting in any way the express terms and provisions thereof Section 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes and replaces completely any prior agreements between the parties with respect to the subject matter hereof This Agreement may not be modified or amended in any manner other than by supplemental written agreement executed by the parties. Section 28. Severability. If any provision of this Agreement, or any paragraph, sentence, clause, phrase or word, or the application thereof is held invalid, the remainder of this Agreement shall be construed as 67708 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 if such invalid part were never included and this Agreement shall be and remain valid and enforceable to the fullest extent permitted by law. Section 29. Notices. Any notice, demand or communication required or permitted to be given hereunder shall be given in writing at the addresses set forth below by any of the following means: (a) personal service; (b) electronic communications, whether by telex, telegram or telecopy, provided that there is written confirmation of such communications; (c) overnight courier; or (d) registered or certified first class mail, postage prepaid, return receipt requested: If To The City; City of Chicago Department of Community Development 121 North LaSalle Street Room 1000-City Hall Chicago, Illinois 60602 Facsimile; (312)742-1396 with a copy to; City of Chicago Department of Law 121 North LaSalle Street Room 600 Chicago, Illinois 60602 Attention; Real Estate Division Facsimile; (312)742-0277 If To The Developer; Salamat Sheihk 46 Brookside Drive LeMont, Illinois 60439 Facsimile; (630) 257-2248 with a copy to: Gordon and Pikarski 303 West Madison Street Unit 1800 Chicago, Illinois 60606 Facsimile; (312)521-7000 Any notice, demand or communication given pursuant to either clause (a) or (b) hereof shall be deemed received upon such personal service or upon dispatch by electronic means. 7/29/2009 REPORTS OF COMMITTEES 67709 respectively, provided that such electronic dispatch is confirmed as having occurred prior to 5:00 P.M. on a business day. If such dispatch occurred after 5:00 P.M. on a business day or on a non-business day, it shall be deemed to have been given on the next business day. Any notice, demand or communication given pursuant to clause (c) shall be deemed received on the day immediately following deposit with the overnight courier. Any notice, demand or communication sent pursuant to clause (d) shall be deemed received three (3) business days after mailing. The parties, by notice given hereunder, may designate any further or different addresses to which subsequent notices, demands or communications shall be given. Section 30. Organization And Authority. The Developer represents and warrants that it is duly organized and validly existing under the laws of the State of Illinois, with full power and authority to acquire, own and redevelop the Property, and that the person signing this Agreement on behalf of the Developer has the authority to do so. Section 31. Successors And Assigns. Except as otherwise provided in this Agreement, the terms and conditions of this Agreement shall apply to and bind the successors and assigns of the parties. Section 32. Termination. In the event that the Closing has not occurred by each of the Closing Dates defined herein, then the City may terminate this Agreement upon written notice to the Developer. Section 33. Recordation Of Agreement. Either party may record this Agreement at the Office of the Cook County Recorder of Deeds. The party so choosing to record this Agreement shall pay the recording fees. 67710 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Section 34. Consent And Approval. Except where otherwise specified, whenever the consent or approval ofthe City is required hereunder, such consent or approval shall not be unreasonably withheld or delayed. Section 35. Other Acts. The parties agree to perform such other acts and to execute, acknowledge and deliver such other instruments, documents and materials as may be reasonably necessary to consummate the transactions contemplated by this Agreement. Section 36. Business Relationships. The Developer acknowledges (A) receipt of a copy of Section 2-156-030(b) ofthe Municipal Code of Chicago, (B) that it has read such provision and understands that pursuant to such Section 2-156-030(b) it is illegal for any elected official of the City, or any person acting at the direction of such official, to contact, either orally or in writing, any other City official or employee with respect to any matter involving any person with whom the elected City official or employee has a "Business Relationship" (as defined in Section 2-156-080 ofthe Municipal Code of Chicago), or to participate in any discussion in any City Council committee hearing or in any City Council meeting or to vote on any matter involving the person with whom an elected official has a Business Relationship, and (c) notwithstanding anything to the contrary contained in this Agreement, that a violation of Section 2-156-030(6) by an elected official, or any person acting at the direction of such official, with respect to any transaction contemplated by this Agreement shall be grounds for termination of this Agreement and the transactions contemplated hereby. The Developer hereby represents and warrants that no violation of Section 2-156-030(b) has occurred with respect to this Agreement or the transactions contemplated hereby. Section 37. Patriot Act Certification. The Developer represents and warrants that neither the Developer nor any Affiliate thereof (as defined in the next paragraph) is listed on any of the following lists maintained by the 7/29/2009 REPORTS OF COMMITTEES 67711 Office of Foreign Assets Control of the U.S. Department of the Treasury, the Bureau of Industry and Security of the U.S. Department of Commerce or their successors, or on any other list of persons or entities with which the City may not do business under any applicable law, rule, regulation, order or judgment: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List. As used in the above paragraph, an "Affiliate" shall be deemed to be a person or entity related to the Developer that, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with Developer, and a person or entity shall be deemed to be controlled by another person or entity, if controlled in any manner whatsoever that results in control in fact by that other person or entity (or that other person or entity and any persons or entities with whom that other person or entity is acting jointly or in concert), whether directly or indirectly and whether through share ownership, a trust, a contract or othenwise. Section 38. Prohibition On Certain Contributions - Mayoral Executive Order No. 05-1. Developer agrees that Developer, any person or entity who directly or indirectly has an ownership or beneficial interest in Developer of more than seven point five percent (7.5%) ("Owners"), spouses and domestic partners of such Owners, Developer's contractors (i.e., any person or entity in direct contractual privity with Developer regarding the subject matter of this Agreement) ("Contractors"), any person or entity who directly or indirectly has an ownership or beneficial interest in any Contractor of more than seven point five percent (7.5%) ("Subowners") and spouses and domestic partners of such Subowners (Developer and all the other preceding classes of persons and entities are together, the "Identified Parties"), shall not make a contribution of any amount to the Mayor of the City of Chicago (the "Mayor") or to his political fund-raising committee (i) after execution of this Agreement by Developer, (ii) while this Agreement or any Other Contract is executory, (iii) during the term of this Agreement or any Other Contract between Developer and the City, or (iv) during any period while an extension of this Agreement or any Other Contract is being sought or negotiated. Developer represents and warrants that from the later to occur of (a) February 10, 2005, and (b) the date the City approached the Developer or the date the Developer approached the City, as applicable, regarding the formulation of this Agreement, no Identified Parties have made a contribution of any amount to the Mayor or to his political fund-raising committee. Developer agrees that it shall not; (a) coerce, compel or intimidate its employees to make a contribution of any amount to the Mayor or to the Mayor's political fund-raising committee; 67712 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (b) reimburse its employees for a contribution of any amount made to the Mayor or to the Mayor's political fund-raising committee; or (c) bundle or solicit others to bundle contributions to the Mayor or to his political fund-raising committee. Developer agrees that the Identified Parties must not engage in any conduct whatsoever designed to intentionally violate this provision or Mayoral Executive Order Number 05-1 or to entice, direct or solicit others to intentionally violate this provision or Mayoral Executive Order Number 05-1. Developer agrees that a violation of, noncompliance with, misrepresentation with respect to, or breach of any covenant or warranty under this provision or violation of Mayoral Executive Order Number 05-1 constitutes a breach and default under this Agreement, and under any Other Contract for which no opportunity to cure will be granted, unless the City, in its sole discretion, elects to grant such an opportunity to cure. Such breach and default entitles the City to all remedies (including without limitation termination for default) under this Agreement, under any Other Contract, at law and in equity. This provision amends any Other Contract and supersedes any inconsistent provision contained therein. If Developer intentionally violates this provision or Mayoral Executive Order Number 05-1 prior to the closing of this Agreement, the City may elect to decline to close the transaction contemplated by this Agreement. For purposes of this provision; "Bundle" means to collect contributions from more than one source, which is then delivered by one person to the Mayor or to his political fund-raising committee. "Other Contract" means any other agreement with the City of Chicago to which Developer is a party that is (i) formed under the authority of Chapter 2-92 of the Municipal Code of Chicago; (ii) entered into for the purchase or lease of real or personal property; or (iii) for materials, supplies, equipment or services which are approved or authorized by the City Council of the City of Chicago. "Contribution" means a "political contribution" as defined In Chapter 2-156 of the Municipal Code of Chicago, as amended. Individuals are "Domestic Partners" if they satisfy the following criteria: (A) they are each other's sole domestic partner, responsible for each other's common welfare; and (B) neither party is married; and (C) the partners are not related by blood closer than would bar marriage in the State of Illinois; and 7/29/2009 REPORTS OF COMMITTEES 67713 (D) each partner is at least eighteen (18) years of age, and the partners are the same sex, and the partners reside at the same residence; and (E) two (2) of the following four (4) conditions exist for the partners: 1. The partners have been residing together for at least twelve (12) months. 2. The partners have common or joint ownership of a residence. 3. The partners have at least two (2) of the following arrangements; a. joint ownership of a motor vehicle; b. a joint credit account; c. a joint checking account; d. a lease for a residence identifying both domestic partners as tenants. 4. Each partner identifies the other partner as a primary beneficiary in a will. "Political fund-raising committee" means a "political fund-raising committee" as defined in Chapter 2-156 of the Municipal Code of Chicago, as amended. In Witness Whereof, The parties have caused this Agreement to be executed on or as of the date first above written. City of Chicago, an Illinois municipal corporation By; Department of Community Development Isabella Group, Inc., an Illinois corporation By; Name; Its; 67714 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 State of Illinois ) )SS. County of Cook ) I, , a notary public in and for said County, in the State aforesaid, do hereby certify that , personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and being first duly sworn by me acknowledged that as , he signed and delivered the instrument pursuant to authority given by the as his free and voluntary act and as the free and voluntary act and deed of the , for the uses and purposes therein set forth. Given under my notarial seal this day of , 2009. Notary Public State of Illinois ) )SS. County of Cook ) I, , a notary public in and for said County, in the State aforesaid, do hereby certify that Christine Raguso, personally known to me to be the Acting Commissioner of the Department of Community Development of the City of Chicago, an Illinois municipal corporation, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and being first duly sworn by me acknowledged that as the Commissioner, she signed and delivered the instrument pursuant to authority given by the City of Chicago, as her free and voluntary act and as the free and voluntary act and deed of the corporation, for the uses and purposes therein set forth. Given under my notarial seal this day of , 2009. Notary Public [(Sub)Exhibits "A-2" and "E" referred to in this Agreement with Isabella Group, Inc. for Sale and Redevelopment of Land unavailable at time of printing.] (Sub)Exhibits "A-1", "B", "C" and "D" referred to in this Agreement with Isabella Group, Inc. for Sale and Redevelopment of Land read as follows; 7/29/2009 REPORTS OF COMMITTEES 67715 (Sub)Exhibit "A-1" (To Agreement With Isabella Group, Inc. For Sale And Redevelopment Of Land) Legal Description Of City Property. (Subject To Final Survey And Title Commitment) [To Come] Commonly Known As; 4618 - 4620 South Cicero Avenue Chicago, Illinois. Permanent Index Numbers: 19-04-431-025; and 19-04-431-026. (Sub)Exhibit "B". (To Agreement With Isabella Group, Inc. For Sale And Redevelopment Of Land) Narrative Description Of Project. The Project consists ofthe development of a 74-room, three-story, business hotel, under the Days Inn brand. The Project will be located on the southwest corner of South Cicero Avenue and West 46* Street on a site that is approximately thirty-seven thousand seven hundred thirty-five (37,735) square feet in size (including the approximately five thousand eight hundred thirty-six (5,836) square foot City Property). Access to the site will be from South Cicero Avenue and West 46"^ Street. The building will be constructed to include a covered patron drop-off area, and including some covered parking. The remainder of the site will include surface parking. Sixty (60) total parking spaces are included in the Project design along with the required landscaping. The Project will be built using masonry materials on all sides. Interior amenities ofthe Project include a kitchen and banquet hall facility. The Project will include a green roof on fifty percent (50%) ofthe roof area, or approximately nine thousand (9,000) square feet, and will otherwise be constructed consistent with the site plan, floor plans and elevations that are attached as exhibits to this Agreement. 67716 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Sub)Exhibit "C". (To Agreement with Isabella Group Inc. For Sale And Redevelopment Of Land) Legal Opinion. City of Chicago Department of Community Development 121 North LaSalle Street, Room 1000 Chicago, Illinois 60602 Re; Isabella Group, Inc. Purchase of 4818 - 4820 South Cicero Avenue Chicago, Illinois Ladies and Gentlemen; We have acted as counsel for Isabella Group, Inc., an Illinois corporation ("Developer"), whose offices are located at 6327 Davane Court, Downers Grove, Illinois 60516, in connection with the purchase of the real property legally described on (Sub)Exhibit A-1 attached hereto, pursuant to the terms of that certain Agreement for the Sale and Redevelopment of Land dated as of , 2009, by and between the City of Chicago (the "City") and the Developer (the "Redevelopment Agreement"). We are rendering this opinion at the request of the Developer and acknowledge that the City intends to rely upon this opinion letter. As a basis for the opinions set forth herein, we have examined; A. an executed original of the Redevelopment Agreement; B. the articles of incorporation, including all amendments thereto, of the Developer, as furnished and certified by the Secretary of State of the State of Illinois; C the Certificate of Good Standing dated ___, 2009, issued by the Office of the Secretary of State of the State of Illinois, as to the good standing of the Developer; D. the commitment for an owner's policy of title insurance. Order Number , dated 2009 (the "Title Commitment"), issued by Chicago Title Insurance Company, in respect of the Property. In our capacity as counsel, we have also examined such other documents or instruments as we have deemed relevant for the purposes of rendering the opinions hereinafter set forth. 7/29/2009 REPORTS OF COMMITTEES 67717 Based upon the foregoing, it is our opinion that; 1. The Developer is an Illinois corporation duly organized, validly existing and in good standing under the laws of the State of Illinois, has made all filings required by the laws of the State of Illinois in respect of its formation and continuing existence, and has all requisite authority to carry on its business as described in the articles incorporation and to execute and deliver, and to consummate the transactions contemplated by, the Redevelopment Agreement. 2. The has requisite power and authority to execute and deliver the Redevelopment Agreement on behalf of the Developer and all other documents required to be executed by the Developer in connection with the Redevelopment Agreement and to perform its obligations thereunder. 3. The Redevelopment Agreement has been executed and delivered on behalf of the Developer by the and constitutes a legal, valid and binding obligation of the Developer enforceable against the Developer in accordance with its terms, except to the extent that enforcement of any such terms may be limited by: (a) applicable bankruptcy, reorganization, debt arrangement, insolvency or other similar laws generally affecting creditors' rights; or (b) judicial and public policy limitations upon the enforcement of certain remedies including those which a court of equity may in its discretion decline to enforce. 4. There is no action, suit or proceeding at law or in equity pending nor to our knowledge threatened against or affecting the Developer or the Property before any court or before any governmental or administrative agency which if adversely determined could materially and adversely affect the Developer's ability to perform under the Redevelopment Agreement or its business or properties or financial or other conditions. 5. The execution and delivery of the Redevelopment Agreement and the consummation of the transactions contemplated thereby will not conflict with, constitute an event or default under or result in a violation or breach of; (a) the provisions of the Developer's organizational documents; (b) the provisions of any agreement or other instrument to which the Developer is a party or by which the Developer or its properties or assets are bound; or (c) any judgment, order, writ, injunction, decree or rule of any court, or any determination or award of any arbitrator, or any law, statute, ordinance, rule or regulation binding on the Developer. Very truly yours, [Law Firm Signature Block] [(Sub)Exhibit 'A-1 "referred to in this Form of Legal Opinion unavailable at time of printing.] 67718 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Sub)Exhibit "D". (To Agreement With Isabella Group, Inc. For Sale And Redevelopment Of Land) Redevelopment Subordination Agreement. This redevelopment subordination agreement ("Agreement") is executed and delivered as of , 2009, by [Name of Lender], a [Insert Type of Entity and State of Formation] ("Lender"), in favor of the City of Chicago, an Illinois municipal corporation (the "City"). Witnesseth: Whereas, Isabella Group, Inc., an Illinois corporation (the "Developer") and the City, acting by and through its Department of Community Development, have entered into that certain Agreement for the Sale and Redevelopment of Land dated as of , 2009 and recorded with the Office of the Recorder of Deeds of Cook County, Illinois, on , 2009, as Document Number ("Redevelopment Agreement"), against the real property legally described on (Sub)Exhibit A-1 and (Sub)Exhibit A-2 attached hereto (the "Property"); and Whereas, Pursuant to the terms of the Redevelopment Agreement, the Developer has agreed to construct a 74 room three-story, business hotel, under the Days Inn brand on the Property (the "Project"); and Whereas, As part of obtaining financing for the Project, the Developer and the Lender have entered into that certain Loan Agreement dated as of , 200_ (the "Loan Agreement"), pursuant to which the Lender has agreed to provide a loan in the principal amount of up to and no/100 Dollars ($ ) (the "Loan"), which Loan is evidenced by a promissory note (the "Note") in said amount to be executed and delivered by the Developer to the Lender, and the repayment of the Loan is secured by certain liens and encumbrances on the Property pursuant to the Loan Agreement (all such agreements being referred to herein collectively as the "Loan Documents"); and Whereas, Pursuant to the Redevelopment Agreement, the Developer has agreed to be bound by certain covenants expressly running with the Property, as set forth in Sections 12, 14, 15 and 16 ofthe Redevelopment Agreement (the "City Encumbrances"); and Whereas, The Redevelopment Agreement requires that the Lender agree to subordinate its liens under the Loan Documents to the City Encumbrances; Now, Therefore, For good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the Lender hereby agrees as follows; 7/29/2009 REPORTS OF COMMITTEES 67719 1. Subordination. All rights, interests and claims ofthe Lender in the Property pursuant to the Loan Documents are and shall be subject and subordinate to the City Encumbrances. Nothing herein, however, shall be deemed to limit any of the Lender's other rights or other priorities under the Loan Documents, including, without limitation, the Lender's rights to receive, and the Developer's obligation to make, payments and prepayments of principal and interest on the Note or to exercise the Lender's rights pursuant to the Loan Documents except as provided herein. 2. Notice Of Default. The Lender shall use reasonable efforts to give to the City (a) copies of any notices of default which it may give to the Developer with respect to the Project pursuant to the Loan Documents, and (b) copies of waivers, if any, of the Developer's default in connection therewith. Neither the Developer nor any other third party is an intended beneficiary of this Section 2. Failure of the Lender to deliver such notices or waivers shall in no instance alter the rights or remedies of the Lender under the Loan Documents. 3. Waivers. No waiver shall be deemed to be made by the City of any of its rights hereunder unless the same shall be in writing, and each waiver, if any, shall be a waiver only with respect to the specific instance involved and shall in no way impair the rights of the City in any other respect at any other time. 4. Governing Law; Binding Effect. This Agreement shall be interpreted, and the rights and liabilities of the parties hereto determined, in accordance with the internal laws and decisions of the State of Illinois, without regard to its conflict of laws principles, and shall be binding upon and inure to the benefit of the respective successors and assigns of the City and the Lender. 5. Section Titles; Plurals. The section titles contained in this Agreement are and shall be without substantive meaning or content of any kind whatsoever and are not a part of the agreement between the parties hereto. The singular form of any word used in this Agreement shall include the plural form. 6. Notices. Any notice required hereunder shall be in writing and addressed to the parties as set forth below by any of the following means; (a) personal service; (b) overnight courier; or (c) registered or certified first class mail, postage prepaid, return receipt requested; If To The City; City of Chicago Department of Community Development 121 North LaSalle Street, Room 1000 Chicago, Illinois 60602 with a copy to; City of Chicago Department of Law 30 North LaSalle Street, Suite 1610 Chicago, Illinois 60602 Attention; Real Estate and Land Use Division 67720 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 If To The Lender; Attention; Any notice given pursuant to clause (a) hereof shall be deemed received upon such personal service. Any notice given pursuant to clause (b) shall be deemed received on the day immediately following deposit with the overnight courier. Any notice given pursuant to clause (c) shall be deemed received three (3) business days after mailing. The parties, by notice given hereunder, may designate any further or different addresses to which subsequent notices, demands or communications shall be given. [(Sub)Exhibits "A-1 "and "A-2"referred to in this Redevelopment Subordination Agreement unavailable at time of printing.] SELECTION OF DIVERSE DEVELOPMENT, L.L.C. AS PROJECT DEVELOPER, EXECUTION OF REDEVELOPMENT AGREEMENT AND WAIVER OF PERMIT FEES FOR CONSTRUCTION OF AFFORDABLE HOUSING WITHIN WEST ENGLEWOOD COMMUNITY AREA UNDER NEW HOMES FOR CHICAGO PROGRAM. [02009-4232] The Committee on Housing and Real Estate submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Housing and Real Estate, to which was referred an ordinance by the Department of Community Development authorizing the conveyance of city-owned property and associated funding and fee waivers in accordance with the new Homes for Chicago program within West Englewood Area, having the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. 7/29/2009 REPORTS OF COMMITTEES 67721 This recommendation was concurred in by a vote of the members of the Committee present, with no dissenting votes. Respectfully submitted, (Signed) RAY SUAREZ, Chairman. On motion of Alderman Suarez, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed; WHEREAS, The City of Chicago ("City") is a home rule unit of government under Section 6(a), Article Vll ofthe 1970 Constitution ofthe State of Illinois and may exercise any power related to its local governmental affairs; and WHEREAS, The City Council of the City ("City Council"), by Ordinance first adopted June 7, 1990 and published in the Journal ofthe Proceedings ofthe City Council ofthe City of Chicago for such date at pages 17038 - 17045, as most recently amended and restated by that certain ordinance adopted April 26, 2006 and published in the Journal of the Proceedings ofthe City Council ofthe City of Chicago for such date at pages 75201 - 75212, established the New Homes for Chicago Program ("New Homes Program") to assist with the construction and rehabilitation of new single-family housing and two-flat buildings which shall be affordable to many families; and WHEREAS, In accordance with the New Homes Program guidelines, the Department of Community Development ("Department") solicited proposals for the construction and rehabilitation of new single-family homes, including single-family detached homes, townhomes, and condominium units in multi-family buildings ("Single-Family Homes"), two-flat buildings ("Two-Flat Buildings") on either privately owned lots ("Private Lots") or lots to be provided by the City; and WHEREAS, The Department has recommended the selection of Diverse Development, L.L.C, an Illinois limited liability company(together with any single purpose entity owned and controlled by it, the "Developer"), to participate as a developer under the New Homes Program, subject to this ordinance and the guidelines and restrictions of the New Homes Program; and 67722 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 WHEREAS, Pursuant to the New Homes Program, the City may provide a subsidy from corporate funds or other legally available funds to cover certain costs associated with the construction and rehabilitation and eligible homebuyers' purchase of the Single-Family Homes or Two-Flat Buildings (the "Purchase Price Subsidy"), and in addition, may grant waivers of City fees and deposits related to new construction and rehabilitation work, and may also expend up to One Hundred Fifteen Thousand Dollars ($115,000) in City general obligation bond proceeds or other legally available funds to complete certain perimeter site improvement work ("Perimeter Site Improvement Work") if the City determines that such Perimeter Site Improvement Work is necessary, and subject to the availability of such bond proceeds or other legally available funds; and WHEREAS, Pursuant to the New Homes Program, the City may also, subject to the availability of such funds, provide a homebuyer subsidy ("Additional Purchase Price Subsidy") derived from HOME I nvestment Partnerships Program grant funds, pursuant to the Cranston- Gonzalez National Affordable Housing Act, 42 U.S.C. Section 12701, et seq. (1992) and the regulations promulgated thereto in 24 C.F.R. Part 92 ("HOME Funds"); and WHEREAS, Pursuant to the New Homes Program, the City may also, subject to the availability of funds, provide a homebuyer subsidy ("D. D.A. Purchase Price Subsidy") derived from funds on deposit in the Affordable Housing Opportunity Fund or other legally available funds; and WHEREAS, The Department recommends to the City Council that the Developer be selected to participate in the New Homes Program as a Developer; now, therefore, Be It Ordained by the City Council of the City of Chicago: SECTION 1. The following proposal for construction of Single-Family Homes and Two-Flat Buildings under the New Homes Program is hereby approved (such proposal, the "Project"); Developer; Diverse Development, L.L.C, an Illinois limited liability company, or a single purpose entity owned and controlled by Diverse Development, LLC Aggregate Number of Homes; Up to twenty three (23) Single-Family Homes. Location; West Englewood community area. Amount of Purchase Price Subsidy; Not to exceed Ten Thousand Dollars ($10,000) for each Single-Family Home for eligible homebuyers up to one hundred percent (100%) of the Chicago primary metropolitan statistical area median income ("A.M.I.") for Single-Family Homes, or Two Hundred Thirty Thousand Dollars ($230,000) in the aggregate. 7/29/2009 REPORTS OF COMMITTEES 67723 Amount of Additional Purchase Price Subsidy; Not to exceed Thirty Thousand Dollars ($30,000) for each Single-Family Home for eligible homebuyers up to sixty percent (60%) of the A.M.I, and not to exceed Twenty Thousand Dollars ($20,000) for each Single-Family Home for eligible homebuyers above sixty percent (60%) and up to eighty percent (80%) A.M.I, or Six Hundred Ninety Thousand Dollars ($690,000) in the aggregate. Amount of DDA Purchase Price Subsidy; Not to exceed Four Hundred Sixty Thousand Dollars ($460,000) in the aggregate, or Twenty Thousand Dollars ($20,000) for each Single- Family Home or Two-Flat Building. Aggregate Purchase Price Subsidy, Additional Purchase Price Subsidy, and DDA Purchase Price Subsidy; Not to exceed One Million Three Hundred Eighty Thousand Dollars ($1,380,000). SECTION 2. The Commissioner of the Department, on behalf of the City, is authorized to enter into a redevelopment agreement with the Developer in substantially the form of Exhibit A attached hereto (the "Redevelopment Agreement"), and to execute such other documents, subject to approval of the Corporation Counsel, as may be necessary to provide for the construction of new Single-Family Homes and Two-Flat Buildings by Developer pursuant to the New Homes Program. SECTION 3. The new homes shall be constructed on the City-owned lots presently owned by the City and to be conveyed to Developer as provided by the New Homes Program, all as more fully described on Exhibit B attached hereto (such City-owned lots, the "City Lots"). In conjunction with the construction by Developer of the new homes described herein, the City; (a) shall waive those certain fees and deposits as more fully described in Exhibit C attached hereto with respect to all homes constructed and, in addition, shall deem all such homes to qualify as "Affordable Housing" for purposes of Section 16-18 of the Municipal Code of Chicago; (b) may expend City general obligation bond proceeds or other legally available funds to complete Perimeter Site Improvement Work if the City, in its sole discretion, determines that such Perimeter Site Improvement Work is necessary to the construction of such new homes, and subject to the availability of such bond proceeds or other legally available funds. SECTION 4. Except for any market rate homes permitted under the Redevelopment Agreement, all ofthe Single-Family Homes to be constructed by Developer pursuant to this ordinance must be developed and sold to homebuyers meeting the income eligibility requirements of the New Homes Program for a base sales price not to exceed Two Hundred Fifteen Thousand Dollars ($215,000) and must otherwise be developed and sold in conformance with the New Homes Program. 67724 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 SECTION 5. The Mayor or his proxy is authorized to execute, and the City Clerk or Deputy City Clerk to attest, quitclaim deeds conveying to Developer the City Lots in accordance with the schedule contained in the Redevelopment Agreement. SECTION 6. The Department of Zoning and Land Use Planning of the City is hereby authorized to permit any administrative reduction or waiver of any required yard restriction concerning the City Lots to the extent such administrative relief is permitted under the Zoning Ordinance of the City, which may be redeveloped by Developer pursuant to the New Homes Program. SECTION 7. The Commissioner of the Department shall have discretion to modify the terms of this ordinance, the Redevelopment Agreement and the generally applicable New Homes Program requirements in the event that the Commissioner and the Developer mutually agree that the homes constructed pursuant to the Developer's project should be conveyed to homebuyers pursuant to the City's city-wide community land trust initiative ("CL.T. Initiative"), as described in the program ordinance approved by the City Council on January 11, 2006, and published in the Journal ofthe Proceedings ofthe City Council ofthe City of Chicago for such date at pages 67997 through 68024. In adapting the terms of this ordinance and the generally applicable New Homes Program requirements for use in such CL.T. Initiative, the City may, with the Developer's mutual agreement; (a) in lieu of conveying the City Lots to the Developer in fee simple, convey such City Lots to the Chicago CL.T. (as defined in the CL.T. Program Ordinance), which shall then lease such City Lots to the Developer under a long-term lease in form and substance acceptable to the CL.T., the City and the Developer, and cause the Developer, upon completion of construction of a home, to assign its interest under such lease and sell the completed home to the homebuyer; (b) as an alternative to (a), convey the City Lots to the Developer in fee simple, and then cause the Developer, upon completion of construction of the required home(s) and prior to each such lot's conveyance, to record against such lot an affordable housing restrictive covenant and agreement in form and substance acceptable to the CL.T. and the City, imposing covenants running with the land that shall be binding upon the initial homebuyer and such homebuyer's successors and assigns; (c) eliminate or.otherwise the modify the New Homes Program recapture provisions if necessary to assure the long-term affordability of such homes, consistent with the CL.T. Program Ordinance objectives; and (d) make such other modifications as may be necessary or appropriate to further such CL.T. Program Ordinance objectives. SECTION 8. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance. SECTION 9. All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict. Given the applicable restrictions with respect to maximum sales price and maximum income for the purchasers of New Homes Program and under this ordinance. Section 2-44-090 of the Municipal Code of Chicago shall not apply to the Project or the City Lots or the Private Lots. SECTION 10. This ordinance shall take effect immediately upon its passage and approval. Exhibits "A", "B" and "C" referred to in this ordinance read as follows; 7/29/2009 ' REPORTS OF COMMITTEES 67725 Exhibit "A". (To Ordinance) Redevelopment Agreement New Homes For Chicago Program Diverse Development L.L.C. (2009). (Single-Family Homes Only, No Private Lots). This Agreement ("Agreement"), dated as of , 2009 is made by and between the City of Chicago, an Illinois municipal corporation ("City"), acting by and through its Department of Community Development ("DCD") and Diverse Development, LLC, an Illinois limited liability company, having its principal office at 1025 Sheridan Road, Wilmette, Illinois 60091 ("Developer"). Capitalized terms not otherwise defined herein shall have the meaning given in the Definitions Section. RECITALS A. The City, as a home mle unit under the 1970 Constitution ofthe State of Illinois, has the authority to promote the health, safety and welfare of its inhabitants, to prevent the spread of blight and to encourage private development in order to enhance the local tax base and create employment, and to enter into contractual agreements with third parties for the purpose of achieving the aforesaid purposes. B. The City Council ofthe City, by Ordinance first adopted June 7,1990 and published in the Joumal of Proceedings ofthe City Council ("J.O.P.") for such date at pages 17038-17045, and most recently amended and restated April 26,2006 and published in the J.O.P. for such date at pages 75201 -75212, has established the New Homes for Chicago Program (as amended, the "New Homes Program") to assist with the constmction of affordable, new, high-quality, owner-occupied housing. C. Developer has previously submitted an application package to DCD describing its proposal for participation in the New Homes Program by constructing single family housing in the West Englewood neighborhood. D. Based in part on the representations and proposals contained in Developer's application package, the City Council of the City, by Ordinance adopted , 2009 and published in the J.O.P. for such date at pages (the "Project Ordinance"), approved the selection of Developer for participation in the New Homes Program and 67726 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 approved the allocation ofthe subsidies described in Section 4.5(b) to subsidize certain development costs associated with the Project and homebuyers' purchase of Homes. E. Developer, subject to the terms ofthe Agreement, shall constmct up to twenty-three (23) single family homes ("Single Family Home(s)"or "Homes"). All such single family homes must be sold to homebuyers meeting the income eligibility requirements of the New Homes Program for a base sales price not to exceed Two Hundred and Fifteen Thousand Dollars ($215,000) and must otherwise be developed and sold in conformance with the New Homes Program and this Agreement (the "Project"). F. The Homes shall be constmcted on the parcels presently owned by the City ("City Lots") and listed on Exhibit A attached hereto. Exhibit A also sets forth the fair market value ofthe City Lots for purpose of Section 4.5(b)(1) below. Certain ofthe City Lots are located within the boundaries ofthe Englewood Tax Increment Financing Redevelopment Project Area (the "Area"). The development of such City Lots shall be in accordance with all laws, rules and regulations conceming tax increment financing, including, without limitation. Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11 74.4-1 et seq., as amended from time to time. The City Lots are legally described on Exhibit B attached hereto. G. City Lots with a fair market value of Fifty Thousand Dollars ($50,000) or less may be conveyed by the City to Developer for the sum of One Dollar ($1.00) per City Lot. City Lots with a fair market value in excess of Fifty Thousand Dollars ($50,000) may also be conveyed by the City to Developer in accordance with the procedures described in Section 4.5(b)( 1) below. Furthermore, Developer shall also receive waivers of certain City fees and deposits relating to new constmction of Homes as described on Exhibit C attached hereto with respect to all Lots (including the Lots on which MR-Homes, if any are constmcted). H. In connection with the development and sale of the Homes, (excluding any MR Homes), and subject to the terms of this Agreement, the City shall also make available, at the time ofthe sale of a Home to a homebuyer, the subsidies described in Section 4.5(b), provided, however, that the maximum aggregate subsidies to be made available pursuant to the Agreement shall not exceed One Million Three Hundred and Eighty Thousand Dollars ($1,380,000). I. Up to the lesser of (i) twenty percent (20%), or (ii) four (4) (if all twenty-three (23) Homes are constmcted) ofthe Homes which may be constmcted by the Developer pursuant to this Agreement may be sold as MR-Homes. J. Developer and the City acknowledge that the implementation of the policies and provisions described in the Agreement will be of mutual benefit to the Developer and the City. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 7/29/2009 REPORTS OF COMMITTEES 67727 DEFINITIONS The following terms shall have the meaning set forth below: Additional Land Value Lien Amount: Shall have the meaning given in Section 4.5(b)(1). Affidavits: Those certain affidavits executed by Developer at time of submission ofthe Project Ordinance, as re-certified to the City, consisting of an economic disclosure statement and affidavit as required by the City in connection with the New Homes Program. Agreement: Shall have the meaning given in the preamble. AMI: the Chicago Primary Metropolitan Statistical Area Median income, as determined by DCD. Budget: Shall have the meaning given in Section 4.5(a). Certificate: Shall have the meaning given in Section 4.8. City: Shall have the meaning given in the preamble. City Junior Mortgage: Shall have the meaning given in Section 4.5(b)(2). City Lots: Shall have the meaning given in Recital F. Commissioner: The Commissioner of DCD. Conditional Certificate: Shall have the meaning given in Section 4.5(e)(ii). Construction Lender: Shall have the meaning given in Section 4.5(a). Construction Loan: Shall have the meaning given in Section 4.5(a). DDA Purchase Price Subsidy: Shall have die meaning set forth in Section 4.5(b)(4). Deed: Shall have the meaning given in Section 3.1. Developer: Shall have the meaning given in the preamble, and shall also include the Developer's successors and assigns, as permitted under this Agreement. DCD: Shall have the meaning given in the preamble. Escrow: Shall have the meaning given in Section 4.5(c). Escrow Agreement: Shall have the meaning given in Section 4.5(c). 67728 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Escrowee: Shall have the meaning given in Section 4.5(c). Event of Default: Shall have the meaning given in Section 6.3(b). Final Certificate: Shall have the meaning given in Section 4.5(e). Financing: Shall have the meaning given in Section 4.5(a). First Mortgage: Shall have the meaning given in Section 4.5(a). First Mortgage Note: Shall have the meaning given in Section 4.5(a). Home(s): Shall have the meaning given in Recital E. HOME Homebuyer: Shall have the meaning given in Section 4.5(b)(3). HOME Additional Purchase Price Subsidy: Shall have the meaning given in Section 4.5(b)(3). HOME Regulations: Shall have the meaning given in Section 4.5(b)(3). New Homes Program: Shall have the meaning given in Recital B. NHFC Account: Shall have the meaning given in Section 3.2. Inspector: Shall have the meaning given in Section 4.5(d). Land Value Lien: Shall have the meaning given in Section 4.5(b)(1). Land Value Lien Amount: Shall have the meaning given in Section 4.5(b)(1). Lot: A City Lot. MR-Homes: Shall mean Homes, if any, to be developed and constmcted by the Developer as part ofthe Project that may be sold to homebuyers at a market rate sales price to households that may not meet the eligibility requirements ofthe New Homes Program. P.M.S.A.: The Chicago Primary Metropolitan Statistical Area. Project: Shall have the meaning given in Recital E. Project Ordinance: Shall have the meaning given in Recital D. Purchase Price Subsidy: shall have the meaning given in Section 4.5(b)(2). 7/29/2009 REPORTS OF COMMITTEES 67729 Recorder's Office: Shall have the meaning given in Section 3.6. Schedule: Shall have the meaning given in Section 4.1. Single Family Home(s): Shall have the meaning given in Recital F. Title Company: That certain title company selected by Developer and the City pursuant to the terms ofthe Agreement. Working Drawings and Specifications: The final working drawings and specifications prepared for Developer with regard to the constmction of the Homes, a list of which is attached hereto as Exhibit D. SECTION I INCORPORATION OF RECITALS AND DEFINITIONS The recitations and definitions set forth above constitute an integral part of the Agreement and are incorporated herein by this reference with the same force and effect as if set forth herein as agreements of the parties. SECTION II COVENANTS. REPRESENTATIONS AND WARRANTIES 2.1 Covenants, Representations and Warranties of Developer. To induce the City to execute the Agreement and perform the obligations of the City hereunder. Developer hereby covenants, represents and warrants to the City as follows: (a) Developer is a duly organized and existing limited liability company in good standing or existence under the laws ofthe State of Illinois. Developer agj^ees that its articles of organization and operating agreement as it affects the performance of Developer pursueint to the terms of this Agreement, shall not be modified or amended without the express written consent ofthe DCD. (b) No litigation or proceedings are pending, or are threatened against Developer, or any party affiliated with Developer, which could: (i) adversely and materially affect the ability of Developer to perform its obligations pursuant to and as contemplated by the terms and provisions of the Agreement; or (ii) adversely materially affect the operation or financial condition of Developer. (c) The execution, delivery and performance by Developer of the Agreement have not constituted or will not, upon the giving of notice or lapse of time, or both, constitute a breach or default imder any other agreement to which Developer or any party affiliated with Developer is a party or may be bound or affected, or a violation of any law, regulation or court order which currently affects the Project, any part thereof, any interest therein or the use thereof. 67730 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (d) The parties executing the Agreement on behalf of Developer have been duly authorized by all appropriate action to enter into, execute and deliver the Agreement and to cause Developer to perform the terms and obligations contained herein. (e) The constmction ofthe Homes and the development ofthe Project pursuant to the terms of this Agreement will not violate: (i) any statute, law, regulation, mle, ordinance or executive or judicial orderof any kind (including, without limitation, zoning and building laws, ordinances, codes or approvals and environmental protection laws or regulations); or (ii) any building permit, restriction of record or any agreement affecting any Lot or any part thereof (f) Except as otherwise provided in the Agreement, Developer shall not, without the prior written consent ofthe DCD, which the DCD may withhold in its sole discretion: (i) grant, suffer or permit any lien, claim or encumbrance upon any Lot or any portion thereof (unless Developer has taken such appropriate action to cause the Title Company to insure over any title encumbrances caused by such liens or claims) other than the lien ofthe First Mortgage, which mortgage shall be approved in form and substance by DCD, such approval not to be unreasonably withheld; (ii) permit or suffer any levy, attachment, claim or restraint to be made affecting any Lot or any portion thereof; or (iii) enter into any transaction not in the ordinary course of business of Developer which materially and adversely affects Developer's ability to perform its obligations under the terms ofthe Agreement. (g) Developer has and shall maintain all govemment permits, certificates and consents (including, without limitation, appropriate environmental approvals) necessary to conduct its business and to constmct and complete the Homes. (h) Developer has not made or caused to be made, directly or indirectly, any payment, gratuity or offer of employment in connection with this Agreement or any contract paid from the City treasury or pursuant to City ordinance, for services to any City agency ("City Contract") as an inducement for the City to enter into the Agreement or any City Contract with Developer in violation of Chapter 2-156-020 ofthe Municipal Code of Chicago. (i) The financial statements of Developer are, and when hereafter required to be submitted will be, complete in all material respects and accurately present the assets, liabilities, results of operations and financial condition of Developer, and there has been no material adverse change in the assets, liabilities, results of operations or financial condition of Developer since the date of Developer's financial statements. (j) Neither Developer nor any Affiliate thereof is listed on any of the following lists maintained by the Office of Foreign Assets Control ofthe U.S. Department ofthe Treasury, the Bureau of Industry and Security ofthe U.S. Department of Commerce or their successors, or on any other list of persons or entities with which the City may not do business under any applicable law, mle, regulation, order or judgment: The Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List. As used herein, an "Affiliate" shall be deemed to be a person or entity related to Developer that, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with Developer, and a 7/29/2009 REPORTS OF COMMITTEES 67731 person or entity shall be deemed to be controlled by another person or entity, if controlled in any manner whatsoever that results in control in fact by that other person or entity (or that other person or entity and any persons or entities with whom that other person or entity is acting jointly or in concert), whether directly or indirectly and whether through share ownership, a tmst, a contract or otherwise. (k) Developer has agreed to comply with the terms of (1) those certain covenants described in Section V below; (2) the Affidavits; and (3) the employment obligations described in section VII below. (1) Developer shall at all times prior to the issuance of a Final Certificate carry and maintain the insurance coverages and amounts described on Exhibit E. 2.2 Representations and Warranties of the City. To induce Developer to execute the Agreement and perform its obligations hereunder, the City hereby represents and warrants to Developer that the City has authority under its home mle powers granted in the Constitution ofthe State of Illinois and the Project Ordinance to enter into, execute and deliver the Agreement and perform the terms and obligations contained herein. 2.3 Survival of Covenants, Representations and Warranties. Developer agrees that all of its covenants, representations and warranties, and the City agrees that all of its representations and warranties, set forth in this Section II or elsewhere in the Agreement are tme as ofthe execution date of the Agreement and will be tme in all material respects at all times hereafter, except with respect to matters which from time to time are or have been disclosed in writing to and approved by the other party. SECTION III CONVEYANCE OF THE CITY LOTS 3.1 Form of Deed. The City shall convey to Developer fee simple title to each City Lot (upon the request of Developer pursuant to the terms of the Agreement) by quitclaim deed substantially in the form attached hereto as Exhibit F ("Deed"). The conveyance and title of each City Lot, in addition to the provisions ofthe Agreement, shall, without limiting the quitclaim nature ofthe Deed, be subject to the following ("Permitted Exceptions"): 1. Covenants and restrictions set forth in the Deed. 2. Schedule B exceptions in the title policy described in Section 3.3. 3. General real estate taxes. 4. Easements of record and not shown of record. 5. Such defects which caimot reasonably be cured but will not affect the use, marketability and insurability of the City Lots. 6. Title objections caused by Developer. 7. The Land Value Lien, this Agreement and the right of reverter retained in this Agreement. 67732 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 In addition, each City Lot shall be conveyed to Developer with no warranty, express or implied, by the City as to the condition ofthe soil, its geology, or the presence of known or unknown faults. It shall be the sole responsibility of Developer, at its sole expense, to investigate and determine the soil and environmental condition existing in each City Lot. At the City's request, such investigation shall at the minimum consist of a Phase 1 environmental assessment and a soil test or, in the alternative, an engineering test subsequent to excavation ofthe City Lot. If the soil conditions are not in all respects entirely suitable for constmction of a Home, then it shall be the sole responsibility and obligation of Developer to take such action as may be necessary to place the soil and environmental condition of each City Lot in a condition entirely suitable for such intended use. If Developer's soil or environmental testing reveals soil conditions or environmental contamination and Developer is able to demonstrate, to the reasonable satisfaction ofthe DCD, that the cost of any corrective action or environmental clean-up ofthe City Lot will cause the ceiling base price for the proposed Single Family Home to exceed the sum of $215,000 (before taking into account any Purchase Price Subsidy, HOME Purchase Price Subsidy and DDA Purchase Price Subsidy contemplated under this Agreement), then: (a) if such soil testing occurs before the conveyance of the City Lot, said City Lot shall not be conveyed to Developer; or (b) if such soil testing occurs after the conveyance ofthe City Lot, Developer may re-convey said City Lot to the City. Concurrent with any said reconveyance. Developer agrees to: (a) restore the City Lot to its condition immediately prior to the commencement of any testing conducted by or on behalf of Developer (said obligation to restore the City Lot does not include any requirement of Developer to undertake any landscaping ofthe City Lot), and (b) provide the City with copies of any and all soil and environmental reports prepared on behalf of Developer with regard to the City Lot. If any City Lot is re-conveyed by Developer to the City in accordance with the terms of this Section 3.1, the City shall be under no obligation to remedy the soil or environmental condition ofthe City Lot, and such reconveyance shall be for One Dollar ($1.00). 3.2 Conveyance of the City Lots. Before the City shall deliver a Deed to Developer for any City Lot, and before any constmction may commence on any Lot, DCD shall have reviewed and approved the following closing deliveries (fully executed and acknowledged, where applicable), each of which, unless waived in writing by DCD, shall be a condition precedent to the City's obligation to deliver any Deed: (a) Working Drawings and Specifications for each model of Home to be constmcted (as described in Section 4.2 below); (b) Developer's Budget; (c) Developer's Financing; (d) the building permit received by the Developer with regard to the constmction of the Home on the Lot; (e) this Agreement, which shall constitute the Land Value Lien instrument securing the Land Value Lien Amount and any Additional Land Value Lien Amount (City Lots only); (f) a certified copy ofthe contract between Developer and its general contractor, and all executed contracts covering the completion of the Project fi-om the major subcontractors, if available; (g) the condition oftitle with regard to the Lot; 7/29/2009 REPORTS OF COMMITTEES 67733 (h) a final plat of survey for the Lot certified by a licensed engineer showing all easements, encroachments and containing a legal description ofthe Lot; (i) a certificate of good standing for the Developer from the State of Illinois, a certificate of incumbency identifying Developer's current officers and including specimen signatures, copy ofthe Developer's operating agreement and consents authorizing the Developer's performance of its obligations under this Agreement; (j) Intemal Revenue Service taxpayer identification numbers; (k) originals of the Constmction Loan documents or evidence of Financing acceptable to the DCD; (1) Developer's written request for the conveyance ofthe specified City Lot(s); (m) such transfer tax declarations, ALTA statements and similar customary transaction documents as may be necessary to consummate the conveyance; (n) the Escrow Agreement; and (o) where appropriate, as decided by DCD and the Developer, a plat of subdivision ofthe City Lots. The Escrowee shall also have received the following documents submitted by the City (if required by the Escrowee): (a) one copy of this Agreement; and (b) a certified copy ofthe Project Ordinance Subject to the Developer's satisfaction ofthe conditions precedent described above in Section 3.2(a) through (o) above, the City shall deliver to the Escrowee the Deed, and, if applicable, a check for the City's initial deposit (if any) of the Purchase Price Subsidy, which shall be deposited in a separate Escrow subaccount subject to the City's sole control (the "NHFC Account"). The City shall thereafter deposit the balance of Purchase Price Subsidy funds, any HOME Additional Purchase Price Subsidy funds and any DDA Purchase Price Subsidy ftmds on a mutually-agreed upon schedule. If the conditions described in this Section 3.2 (a) through (n) are not achieved by Developer for the constmction ofthe first Home in the Project within three (3) months ofthe execution date of this Agreement (except in the instance of the occurrence of any Permitted Delay described in Section 6.2 below), then the Agreement, at the option ofthe City, shall become null and void and the City shall be under no further obligation to Developer. The City shall have no obligation to convey any fiirther City Lots or provide any subsidies pursuant to this Agreement after the date that is twenty-four (24) months after the date ofthe approval of this Agreement by the City Council of the City, provided, however, that the Commissioner of DCD may, in the Commissioner's sole discretion, extend such twenty-four (24) month period one time for a period of up to eighteen(18) additional months. 3.3 Title Insurance. Upontheconveyanceof each City Lot, the Developer shall obtain at the Developer's sole expense, title insurance from the Tide Company, consisting of an Owner's Policy ALTA form B (1987), dated as ofthe date of conveyance, insuring the title of Developer with regard to the City Lot, subject only to the reservations and exceptions provided in this Section 3 and such endorsements as it may require. The City agrees to use reasonable efforts to assist Developer in obtaining said endorsements. 67734 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 3.4 Real Estate Taxes. The City shall take all appropriate steps to secure the exemption or waiver of general real estate taxes due and payable prior to the date of recording ofthe Deed to the extent such an exemption or waiver may be obtained through the City's preparation of a so- called "216(e) Letter" or the filing to vacate a tax sale in error. If general real estate taxes attributable to the period ofthe City's ownership first appear after a conveyance ofthe City Lots to the Developer, the City shall cooperate with the Developer by taking the actions described in the preceding sentence, but in no event shall the City be required to pay any such real estate taxes. If any general real estate taxes for a City Lot cannot be so cleared, the City shall be under no further obligation and the Developer may either elect to close and accept conveyance ofthe City Lot subject to such general real estate taxes or decline to accept such City Lot. Developer shall also be responsible for payment of all real estate taxes payable after the recording of said Deed. 3.5 No Substitution of Lots. If the City cannot clear tax liens or other exceptions to title in a manner suitable for purposes ofthe Agreement, or Developer's investigation ofthe soil and environmental condition leads Developer to refuse the conveyance of said Lots (or to re-convey said City Lots to the City) then the City shall have no duty to provide substitute lots for development under this Agreement. Moreover, under no circumstances, shall the City be compelled by Developer, with regard to any City Lot, to remedy any tax lien, title exception, or soil or environmental condition described in this Section 3. The City shall cooperate with the Developer in the Developer's efforts to remedy any such tax lien, title exception or environmental condition so long as such cooperation does not create any legal liability for the City or cause the City to incur more than a nominal expense. 3.6 Recordation of Deed. The Developer shall promptly file each Deed for recordation with the Office ofthe Recorder of Deeds of Cook County, Illinois ("Recorder's Office") and pay all recording costs. SECTION IV THE CONSTRUCTION OF THE PROJECT 4.1 Schedule of Construction Progress. Developer shall constmct the Homes on the Lots in accordance with that certain constmction timetable schedule dated as of , 2009 ("Schedule"), prepared by Developer, approved by the DCD, and attached hereto as Exhibit G. The Schedule represents an estimate ofthe number of Homes to be completed by Developer by the expiration of certain time periods within the twenty-four (24) month time frame for commencement and completion of the Project as described further in Section 4.7 below. If Developer's constmction of Homes falls short of its completion obligations under the Schedule, and subject to the Permitted Delay provisions of Section 6.2 below, certain ofthe City Lots (and the corresponding amount of subsidies allocated to the Project pursuant to Section 4.5(b)) may be released fi-om the terms of this Agreement and thereafter may be made available to the City for alternative redevelopment plans. 7/29/2009 REPORTS OF COMMITTEES 67735 Developer covenants that the Homes shall be constmcted in accordance with the Working Drawings and Specifications. Upon completion ofthe constmction of each Home, the City shall issue to Developer the Certificate pursuant to Section 4.8. 4.2 Working Drawings and Specifications. The preliminary Working Drawings and Specifications dated , 2009, containing the preliminary plans and drawings with regard to the constmction of each model of Home, are approved by the DCD and listed on Exhibit D attached hereto. Within thirty (30) days of the execution date of the Agreement, Developer shall submit to the DCD for its approval Developer's proposed final Working Drawings and Specifications with regard to each model of Home. The DCD shall have thirty (30) days within which to approve or reject said drawings and specifications. If the DCD rejects the Working Drawings and Specifications, Developer shall have sixty (60) days in order to correct such documents and resubmit them to the DCD for its approval. The DCD shall thereafter have thirty (30) days within which to approve or reject the corrected documents. Upon the approval of the DCD, said Working Drawings and Specifications shall constitute the final Working Drawings and Specifications. If, after executing this Agreement, the Developer desires to constmct a different type of model Home than that reflected in the Working Drawings and Specifications listed on Exhibit D attached hereto. Developer shall submit to the DCD Working Drawings and Specifications for said model. The DCD shall have thirty (30) days within which to approve or reject said Working Drawings and Specifications. If the DCD rejects the Working Drawings and Specifications, Developer shall have sixty (60) days in order to correct such documents and resubmit them to the DCD for approval. Upon the approval ofthe DCD, said Working Drawings and Specifications shall constitute final Working Drawings and Specifications. The Working Drawings and Specifications shall conform to the terms ofthe Agreement, the New Homes Program, and all applicable federal, state and local laws, ordinances and regulations, including, without limitation, the Zoning Ordinance ofthe City of Chicago, Title 17, Municipal Code of Chicago, the current edition of the Model Energy Code pubfished by the Council of American Building Officials, and the housing quality standards contained in 24 C.F.R. Section 882.109. Any material amendment to the Working Drawings and Specifications must be submitted to the DCD for its approval, which approval shall not be unreasonably withheld or delayed. 4.3 Preparation of the Lots; General Requirements. Developer and the City acknowledge tiiat some of the Lots may have "atypical" conditions (sunken lot and odier site elevation problems, ingress and egress problems, parking problems, and/or issues conceming the location ofthe Homes vis-a-vis existing buildings located on the parcels adjacent to the Lots) which dictate that special consideration should be given to the constmction of Homes on such Lots. These "atypical" conditions do not include matters which are routinely considered by the City's Department of Buildings with regard to the issuance of building permits. Accordingly, prior to the commencement of constmction of the Project, a representative of Developer and the DCD shall 67736 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 conduct a site visit of each ofthe Lots listed on Exhibit A to determine if any special, "atypical" conditions exist. Those lots shall be deemed as "Special Lots" for purposes ofthe Agreement. Prior to the commencement of constmction by Developer on any Special Lot, the DCD must approve a site-specific, final plat of survey (including grading elevations) identifying the proposed location of the model type, showing the resolution of any elevation, ingress/egress, parking and location issues. In addition, prior to the commencement of constmction on any ofthe Lots, the environmental effect ofthe development and constmction ofthe Project must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 and implementing regulations contained in 24 C.F.R. Parts 50 and 58. In such regard, the City may grant to Developer a right of entry to the City Lots for the purpose of allowing Developer's architects and engineers to inspect each City Lot and to investigate the soil and environmental condition existing in each City Lot. Constmction and development of any ofthe Homes shall be in accordance with the Lead- Based Paint Poisoning Prevention Act, 42 U.S.C. 4821 et seq, and the corresponding regulations contained in 24 C.F.R. Part 35. In addition. Developer shall comply with the Flood Disaster Protection Act of 1973, 42 U.S.C. 4001-4128). 4.4 Limited Applicability of DCD's Approval. Anyapprovalsof the Working Drawings and Specifications made by the DCD are for the purposes ofthe Agreement only and do not affect or constitute approvals required for building permits or approvals required pursuant to any other ordinance or code of the City, nor does any approval by the DCD pursuant to the Agreement constitute approval ofthe quality, stmctural soundness or the safety of the Homes. The City, however, agrees to assist Developer in expeditiously obtaining approvals for building permits and driveways affecting the Project. 4.5 Financing and Constructing the Project. (a) Budget. Concurrent with the execution ofthe Agreement by Developer and its delivery to the City, Developer shall deliver to the DCD for its approval a written budget ("Budget") for the constmction ofthe Homes. Developer shall also submit to the DCD a description of Developer's financing ("Financing"), which shall include the amount of Developer's equity in the Project and evidence of (i) a commitment for adequate financing ("Commitment") obtained fi-om a financial institution or lender, specifying the source and the amount ofthe loan, length ofthe term emd the applicable interest rate, or (ii) evidence of a line of credit or other funding source necessary to fund the constmction ofthe Homes. Within seven (7) business days of receipt, the DCD shall review and approve or reject the Financing, and the Commitment. The Financing shall be subject and subordinate to the terms and conditions of the Agreement. Provided that the Commitment is approved by the City, Developer shall obtain financing fi-om the lender identified in the Commitment ("Constmction Lender") to permit the constmction of the Project ("Constmction Loan"). The Constmction Lender shall be permitted to secure and evidence its loan by a mortgage ("First Mortgage") and mortgage note ("First Mortgage Note") 7/29/2009 REPORTS OF COMMITTEES 67737 encumbering the Lots. The Constmction Loan fijnds shall be disbursed pursuant to the Escrow described in Section 4.5(c) below. (b) City's Incentives. (1) Sales Price. Subject to all ofthe terms, covenants and conditions ofthe Agreement, the City shall convey each City Lot for the consideration of One Dollar ($1.00) if the fair market value ofthe City Lot is Fifty Thousand Dollars ($50,000) or less. For purposes ofthe Agreement, the "fair market value" for each City Lot has been established as ofthe execution date ofthe Agreement and is listed on Exhibit A attached hereto. The Developer acknowledges that upon the recording of this Agreement, the City shall have a lien against each City Lot conveyed pursuant hereto (including City Lots on which a MR-HOME is built) in the amount ofthe fair market value of such City Lot, as set forth on Exhibit A (the "Land Value Lien"). The fair market value of a particular City Lot, up to the first $50,000 in value ( the "Land Value Lien Amount") shall be added to and included in the amount of monies secured by this Agreement and the City Junior Mortgage and potentially due and owing under such instmments. The amount by which the fair market value of a City Lot exceeds the sum of $50,000 (if any) (such excess amount, the "Additional Land Value Lien Amount") shall also be secured by this Agreement and the City Junior Mortgage and subject to the special repayment provisions described in the following paragraph. After the recording of this Agreement, and prior to a City Lot's conveyance to a homebuyer, the Land Value Lien Amount and any Additional Land Value Lien Amount shall not amortize and shall be immediately be due and payable to the City if the City Lot is sold, or refinanced except as expressly contemplated and permitted under this Agreement and the City Junior Mortgage. WTien a City Lot is conveyed to a homebuyer, the lien of this Agreement shall be released and be replaced by the lien ofthe City Junior Mortgage. The Land Value Lien Amount shall thereafter reduce in four equal installments on each anniversary date of such conveyance, and after the fourth anniversary date shall be zero. The Additional Land Value Lien Amount shall not amortize, but shall be an amount potentially due and owing the City calculated as the Additional Land Value Lien Amount, plus interest thereon at an aimual rate of three percent (3%), from the date of such conveyance. The principal amount of and any accmed interest on the Additional Land Value Lien Amount shall become due upon the sale or refinancing (except a refinancing in an amount equal to or less than the homebuyer's purchase price for the Home) of said Home during the forty (40) year period commencing on the date of such conveyance; provided, however, that if the subsequent homebuyer meets the income eligibility requirements ofthe New Homes Program, such purchaser may assume the obligations ofthe Land Value Lien as to such Additional Land Value Lien Amount for the balance of such forty (40) year term. The Land Value Lien, as initially evidenced by this Agreement and then evidenced by the City Junior Mortgage, shall be junior to the lien of any constmction loan mortgage and any First Mortgage, and any subsequent purchase money mortgage obtained by any a homebuyer of a Home (if such homebuyer is income-eligible under the New Homes Program), and any refinancing of such purchase money mortgage, provided such refinancing is in an amount equal to or less than the homebuyer's purchase price for the Home, Up to the lesser of (i) twenty percent (20%), or (ii) four (4) (if all twenty-three (23) Homes are constmcted) ofthe Homes which may be constmcted by Developer pursuant to this Agreement 67738 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 may be sold as MR-Homes. As indicated above, the fair market value of any City Lot on which an MR-Home is constmcted shall be secured by and included in the amount of monies secured by and potentially due and owing the City pursuant to the City Junior Mortgage, which the homebuyers for any such MR-Home shall execute at the time they purchase such MR-Home. (2) Purchase Price Subsidy. The City shall grant a Purchase Price Subsidy in an amount not to exceed the sum of Two Hundred and Thirty Thousand Dollars($230,000) in the aggregate to cover hard constmction costs of certain ofthe Homes. The Purchase Price Subsidy shall not exceed the sum of Ten Thousand Dollars (310,000) per Single Family Home and shall only be available to homebuyers whose household incomes are less than or equal to one hundred percent (100%) ofthe AMI (as to Single Family Homes). The specific amount of Purchase Price Subsidy to be allocated to each model type of Home is described further on Exhibit H attached hereto. The Purchase Price Subsidy shall be disbursed to Developer at the closing ofthe sale of each Home to the initial homebuyer, but only if that Developer: (a) obtains firomth e City the Certificate; (b) conveys the Home to an eligible homebuyer as described in Section 5.3 below; (c) complies with the covenants described in Section 5.1 below; and (d) provides the initial homebuyer with an Owner's Policy ALTA form B (1987) policy oftitle insurance issued by the Title Company, dated as ofthe closing date in the amount ofthe purchase price. Developer shall advise each initial homebuyer that such homebuyer shall be required to execute and record at the time ofthe homebuyer's closing (and the Developer shall attach as an exhibit to the homebuyer's sales contract") a mortgage, security and recapture agreement in favor of the City (the "City Junior Mortgage"), in the form of Exhibit I to this Agreement, which shall also include the homebuyer's covenant to use the Home as the homebuyer's principal residence, and shall secure all amounts described in this Agreement as being subject to recapture or repayment . The amount of any Purchase Price Subsidy provided with respect to a Home shall be secured by the City Junior Mortgage and shall be repaid by the homebuyer to the City in accordance with its terms if the Home is sold or refinanced (except in an eimount equal to or less than the homebuyer's purchase price for the Home) by the initial homebuyer within four (4) years of purchase. The City Junior Mortgage shall be subordinate to the lien in favor ofthe homebuyer's permanent purchase mortgage, and any refinancing of such purchase money mortgage, provided such refinancing is in an amount equal to or less than the homebuyer's purchase price for the Home. (3) HOME Additional Purchase Price Subsidy. Homebuyers purchasing a Single Family Home (other than an MR-Home) and whose household incomes are at or below 80% ofthe AMI (hereafter, a "HOME Homebuyer") may request from the City, by application to the DCD, a financial subsidy ("HOME Additional Purchase Price Subsidy") derived fi-om an allocation to the City of HOME Investinent Partnerships Program grant funds, pursuant to the Cranston-Gonzalez National Affordable Housing Act, 42 U.S.C. Section 12701 et seg. (1992) and the regulations promulgated thereto in 24 C.F.R. Part 92 (such regulations, the "HOME Regulations"). The amount of HOME Additional Purchase Price Subsidy available for a particular HOME Homebuyer shall not exceed the amount of Twenty Thousand Dollars ($20,000) per HOME Homebuyer whose household income range is between 61% to 80% ofthe AMI, and the amount of Thirty Thousand Dollars ($30,000) per HOME Homebuyer whose household income range is up to 60%© ofthe AMI. 7/29/2009 REPORTS OF COMMITTEES 67739 Subject to the availability of HOME Additional Purchase Price Subsidy Funds, the HOME Additional Purchase Price Subsidy shall be provided to the HOME Homebuyer at the closing ofthe sale ofthe Single Family Home to the HOME Homebuyer, but only if the Developer: (a) obtains from the City the Certificate; (b) conveys the Single Family Home to a HOME Homebuyer described in this Section and Section 5.3 below; (c) complies with the covenants described in Section 5.1 below; and (d) provides the HOME Homebuyer with an Owner's Policy ALTA form B (1987) policy oftitle insurance issued by the Title Company, dated as ofthe closing date in the amount ofthe purchase price. The HOME Additional Purchase Price Subsidy funds provided to a particular HOME Homebuyer shall be wired to the Tide Company at closing, in accordance with the Escrow Agreement. Developer shall advise said HOME Homebuyer and it shall be a condition of such sale, that the HOME Homebuyer must execute: (a) the City Junior Mortgage in favor ofthe City, which shall secure, among other things, an amount equal to the HOME Additional Purchase Price Subsidy received by the HOME Homebuyer, which shall incorporate any additional requirements of the HOME Regulations, and which shall also include the HOME Homebuyer's covenant to use the Home as the homebuyer's principal residence. The HOME Additional Purchase Price Subsidy secured by the City Junior Mortgage shall be repaid in the event that the Single Family Home is sold by the HOME Homebuyer within the applicable affordability period (as prescribed by the HOME Regulations). If, however, the mortgage obtained by the HOME Homebuyer from the permanent lender is insured by the FHA, the affordability period shall be extended to conform to the terms of the FHA-insured mortgage, as is required under the HOME Regulations. The City Junior Mortgage lien shall be subordinate to the lien in favor ofthe HOME Homebuyer's purchase money mortgage, and any refinancing of such purchase money mortgage, provided such refinancing is in an amount equal to or less than the homebuyer's purchase price for the Home. (4) DDA Purchase Price Subsidy. If DCD determines that the Englewood neighborhood in which the Homes are to be built, or a portion thereof, is a difficult to develop area within the meaning of Section 7(e) of the New Homes Program ordinance, the Developer may request that the City provide homebuyers purchasing a Home (including MR-Homes) with a homebuyer assistance subsidy in an aunount not to exceed Twenty Thousand Dollars ($20,000) (the "DDA Purchase Price Subsidy"). In no event, however, shall the maximum aggregate DDA Purchase Price Subsidy paid under this Agreement exceed Four Hundred and Sixty Thousand Dollars ($460,000). DCD's approval of such DDA Purchase Price Subsidy request shall be in DCD's sole discretion. Subject to such DCD approval and the availability of DDA Purchase Price Subsidy funds, the DDA Purchase Price Subsidy shall be provided to the homebuyer at the closing of the sale of the Home, but only if the Developer satisfies the conditions precedent to the disbursement ofthe HOME Purchase Price Subsidy, described in clauses (a), (c) (excluding Section 5.1(a) of this Agreement, which is incorporated by reference in said clause (c)) and (d) of Section 4.5(b)(3), as conditions also applicable to the disbursement ofthe DDA Purchase Price Subsidy. The DDA Purchase Price Subsidy funds provided to a particular homebuyer shall be funded at closing, in accordance with the Escrow Agreement. Developer shall advise homebuyers receiving a DDA Purchase Price Subsidy that such homebuyers must execute the City Junior Mortgage in favor ofthe City, which shall secure, among 67740 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 other things, an amount equal to the DDA Purchase Price Subsidy received by the homebuyer. The DDA Purchase Price Subsidy amoimt secured by the City Junior Mortgage shall decline by twenty- five percent (25%) on each anniversary of the homebuyer's closing date and, after the fourth anniversary date, shall be zero. The City Junior Mortgage lien shall be subordinate to the lien in favor ofthe homebuyer's purchase money mortgage, and any refinancing of such purchase money mortgage, provided such refinancing is in an amount equal to or less than the homebuyer's purchase price for the Home. (5) Waiver of City Fees. Inconjunction with the constmction by Developer of the Homes (including the MR-Homes) the City shall waive those certain fees and deposits as described in Exhibit C attached hereto. (6) Perimeter Site Improvements. In connection with the constmction by Developer of the Homes, the City may expend City general obligation bond proceeds or other legally available funds, up to a maximum amount of $5,000 per City Lot, or $115,000 in the aggregate, to complete Perimeter Site Improvement Work if the City, in its sole discretion, determines that such work is necessary to the constmction of such new Homes, and subject to the availability of such bond proceeds or other legally available funds. (c) Escrow. Prior to the commencement of constmction of any Home, Developer and the City shall execute an escrow agreement ("Escrow Agreement") and open an escrow account ("Escrow") held by an institutional escrowee ("Escrowee") muttaally acceptable to the parties. The Escrow shall be used to convey City Lots and disburse City subsidies pursuant to the terms of the Agreement. The respective rights, liabilities and duties of the Escrowee are contained in the Agreement. If any conflict exists between the terms ofthe Agreement and the Escrow Agreement or any other instmctions or other documents affecting the Escrow, the terms and provisions ofthe Agreement shall govem. (d) Review of Construction Progress. During the constmction ofthe Project, Developer shall submit to the City for its review any documentation relating to the constmction work, including, without limitation, all additional building permits issued, an Owner's swom statement and the general contractor's swom statement. During the constmction of the Project by Developer, the Developer shall cause the Constmction Lender to employ, at the sole expense of Developer, an inspecting architect ("Inspector") (other than the architect who prepared the Working Drawings and Specifications) acceptable to the DCD, to review for the parties all activities undertaken with regard to the constmction ofthe Home. If no Constmction Lender exists (or if the Constmction Lender does not wish to hire the Inspector), then the DCD, at the sole expense of Developer, shall utilize an Inspector which has been previously approved by the DCD. The scope ofthe Inspector's work shall be contained in the terms ofthe contract between the Inspector and the Construction Lender, or the Inspector and the DCD, as the case may be, and shall include inter alia, providing a certification for the benefit ofthe Constmction Lender and the DCD on the form attached hereto as Exhibit J that the constmction of said Home complies with the 7/29/2009 REPORTS OF COMMITTEES 67741 Working Drawings and Specifications. The Inspector shall notify the DCD and the Constmction Lender of any discrepancies between the Working Drawings and Specifications and the actual constmction of any Home, and shall provide the DCD with a copy of each and every Inspector's certification. The receipt by the DCD ofthe Inspector's Conditional Certificate shall be a condition precedent to the disbursement of the applicable amount of Purchase Price Subsidy to Developer and, if applicable, any HOME Additional Purchase Price Subsidy ftmds. A representative ofthe DCD shall have the right, but not the obligation, to accompany the Inspector during his inspection ofthe progress ofthe constmction ofthe Homes . (e) Homebuyer Closings and Disbursement of Subsidies. As long as Developer is not in material default in the due, prompt and complete performance or observance of any of its covenants or obligations contained in the Agreement, the conveyances of Homes and disbursement of Section 4.5(b) may proceed to closing provided the following conditions precedent are satisfied: (i) Developer and the homebuyer shall have complied with the applicable provisions described in Section 4.5(b), including, the execution ofthe City Junior Mortgage; (ii) The Inspector shall have delivered to the City its conditional certificate for said Home (including MR-Homes) in the form of Exhibit J, conditioned and subject only to the completion of punch list items or such other items agreed to by the City, the Inspector and Developer ("Conditional Certificate"); (iii) The City shall have issued its Certificate in accordance with Section 4.8 below; (iv) Developer, in the form of an owner's swom statement and the general contractor's swom statement, shall have submitted to the Escrowee and the Inspector affirmative proof that there eue no materialmen's liens or claims exist affecting the Home (including MR-Homes), or that Developer has taken such appropriate action to cause the Title Company to insure over any title encumbrances caused by such liens or claims; provided, however, that the Title Company shall have received fi-om Developer acceptable waivers or releases of lien covering at least seventy five percent (75%)) ofthe hard constmction costs associated with the constmction ofthe Home; (v) Developer shall have submitted to the City a copy ofthe Owner's swom statement and the general contractor's swom statement describing all constmction costs for the Home(including MR-Homes); and (vi) Developer shall have fiimished to the City one (1) copy of an "as-built" survey showing the location of all completed improvements, including all walks, drives and other on-site appurtenances and improvements, showing site elevations, and showing no encroachments by any such improvements across the boundary lines ofthe Lot; and 67742 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (vii) The DCD shall have issued a letter to Developer that the homebuyer meets the income eligibility requirements ofthe New Homes Program (excluding MR-Homes). Developer shall be obligated to complete those items listed on the Conditional Certificate (including the punch list items) in a timely and expeditious maimer subsequent to the closing. The City reserves the right to request that Developer deposit or reserve with the Escrowee fiinds (or in lieu thereof, deliver to the Escrowee a letter of credit) in an amount to pay for the cost of such incomplete work, including, without limitation, any landscaping or other work that was not completed prior to closing because of weather-related conditions. Once such work has been completed, the.Inspector shall conduct an on-site inspection in order to facilitate the issuance of a final certificate indicating that constmction of the Home is complete ("Final Certificate"). Any funds retained by the Escrowee pursuant to this paragraph shall not be released until a copy ofthe Final Certificate is delivered to the Escrowee and the DCD. Developer does also certify and agree that it shall not take its fee until the closing for the sale of a Home (including MR-Homes) to a homebuyer. 4.6 Relocation of Utilities. If Developer requests the relocation, repair or replacement of any existing City utility lines in order to constmct a Home, such utilities shall be relocated at Developer's sole expense. The DCD shall assist Developer in obtaining the cooperation of any City agency with regard to the relocation, repair or replacement of existing utility lines. Under no circumstances shall the City pay for any such relocation, repair or replacement costs. In addition. Developer shall be solely responsible for the payment of any costs associated with the repair, replacement or relocation of any private utility lines necessary to constmct a Home. 4.7 Commencement and Completion ofthe Project. Developer, subject to the occurrence of Permitted Delays described in Section 6.2 below, shall commence with the constmction ofthe Project within three (3) months of the execution date of the Agreement. Except as otherwise provided in the Agreement (but subject to the occurrence of Permitted Delays described in Section 6.2 below). Developer shall complete the Project within twenty-four (24) months from the date City Council of the City approves this Agreement. Developer, its successors and assigns, shall promptly begin and diligently complete the Project within such time periods. The Commissioner of DCD, in the Commissioner's sole discretion, may extend the completion date one time upon the Developer's written request, for a period of up to eighteen (18) additional months by executing a written extension letter. 4.8 Certificate of Compliance. As each Home (including MR-Homes) is substantially completed in accordance with the Working Drawings and Specifications (as evidenced by the issuance ofthe Inspector's Conditional Certificate or Final Certificate, as the case may be) and Developer has performed all of its other obligations under this Agreement, including without limitation, the closing conditions precedent specified in Section 4.5(e) above, the DCD, upon written request by Developer, shall fiimish Developer with an appropriate compliance certificate ("Certificate"). The Certificate shall be evidence the Developer's compliance with respect to its obligation to constmct such Home in accordance with the terms of this Agreement. The Certificate, however, shall not constitute evidence that Developer has complied wdth any applicable provisions 7/29/2009 REPORTS OF COMMITTEES 67743 of federal, state and local laws, ordinances and regulations with regard to the completion of the Home and furthermore, shall not serve as any "guaranty" as to the quality ofthe constmction of said stmcture. The Certificate shall be in recordable form and shall be delivered by the DCD to the Escrowee at the closing conveying the Home from Developer to the initial homebuyer. Once the Certificate is recorded with the Recorder's Office, the Agreement shall no longer encumber the Lot. 4.9 Prohibition Against Unpermitted Encumbrances. Prior to the City's issuance of the Certificate for a Home (including MR-Homes)on a particular Lot, neither Developer nor any successor in interest to the Lot shall engage in any financing or other transaction the effect of which creates an encumbrance or lien upon said Lot; provided, however, that Developer, after receiving the prior written consent of the City, may mortgage the Lot for the purpose of obtaining the Constmction Loan or other financing source as described in Section 4.5(a) above to the extent necessary to constmct the Home. Notwithstanding the above, no mortgage may be recorded against a City Lot until such City Lot is conveyed to Developer. 4.10 Mortgagees Not Obligated to Construct. Notwithstanding any of the provisions of the Agreement, no holder of a mortgage authorized by the Agreement (including any holder who obtains title to a City Lot as a result of foreclosure proceedings, or action in lieu therefor), shall be obligated to constmct or complete the constmction of any Home on the City Lot, or to guarantee such constmction or completion. However, any such holder shall take its lien or hold such title subject to this Agreement and must devote the City Lot to those uses or improvements provided for or permitted in the New Homes Program and this Agreement. If the Constmction Lender, due to a default by Developer obtains possession or title to any ofthe City Lots by foreclosure or deed in lieu of foreclosure, the Constmction Lender may request that the City make the subsidies described in Section 4.5(b) available in order to constmct or to complete the Homes on said Lots and convey such homes to homebuyers, as originally contemplated. The City shall not unreasonably withhold its consent to such a request, so long as the Construction Lender complies with the terms £ind conditions ofthe Agreement. In such event, the Constmction Lender shall be required to execute such economic disclosure documents as the City deems appropriate. Whenever the City shall deliver a notice or demand pursuant to Section 6.3(a), the City shall at the same time forward a copy of such notice or demand to any Constmction Lender identified in Section 8.8. After the expiration of any applicable cure period, each such Constmction Lender shall have the right, at its option, to remedy such default within an additional thirty (30) day cure period. Whenever the Constmction Lender shall deliver a default notice or demand to Developer under the Constmction Loan documents, it shall at the same time forward a copy of such notice or demand to the City at the addresses listed in Section 8.8 below. After the expiration of any applicable cure period, the City shall have the right, at die City's option, to remedy such default within an additional thirty (30) day cure period. 67744 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 SECTION V CONVEYANCE OF THE HOMES 5.1 Developer's Covenants for Participation in the New Homes Program. (a) Sales Price. Developer acknowledges and affirms the objectives ofthe City with regard to the creation ofthe New Homes Program as a means of achieving the constmction of affordable, new, high quality, owner-occupied housing within the corporate boundaries ofthe City. Developer affirmatively covenants that it shall sell and convey each Home for a base price per model, as set forth on Exhibit K, attached hereto, but in no event shall said base price for a particular Single Family Home exceed the sum of $215,000, such amount being the current inflation-adjusted price limit under the New Homes Program approved for the Project. Developer's projected final sales pricing ofthe various models ofthe Homes to be constmcted by Developer are described on Exhibit K. The parties acknowledge that said base price does not include options described on Exhibit L attached hereto which may be desired by individual homebuyers. The parties fiirther acknowledge that said base prices may fiirther be slightly adjusted due to inflation, upon the written agreement ofthe parties. The sales prices for MR-Homes are not subject to the provisions described in this paragraph. (b) Compliance with Fair Housing and Non-Discrimination Laws. Developer shall not discriminate based upon race, color, religion, sex, national origin or ancestry, age, handicap or disability, sexual orientation, military status, parental status or source of income in the design, marketing and sale of any Home constmcted by Developer pursuant to the terms ofthe Agreement, and shall comply with any and all federal, state and local laws, statutes, ordinances or regulations wath regard to non-discrimination in the sale and marketing of housing, including, without limitation, the Fair Housing Act, 42 U.S.C. sec. 3601-20 et seq. (1988) and implementing regulations at 24 C.F.R. Part 100; Executive Order 11063, as amended by Executive Order 12259 (3 C.F.R., 1958-1963 Comp., p. 652 and 3 C.F.R., 1980 Comp., p. 307)(Equal Opporttmity in Housing) and implementing regulations at 24 C.F.R. Part 107; arid Tide VI ofthe Civil Rights Act of 1964 (42 U.S.C. 2000d)(Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 C.F.R. Part 1; 42 U.S.C. sec. 1982 (1988), and sections 17-19 of Article I ofthe Constitution ofthe State of Illinois; the Age Discrimination Act of 1975, 42 U.S.C. sect. 6101-07, and implementing regulations at 24 C.F.R. Part 146, Section 504 ofthe Rehabilitation Act of 1973, 29 U.S.C. 794 and implementing regulations at 24 C.F.R. Part 8. (c) Warranty of Habitability. At the closing for the conveyance of a Home from Developer to an initial homebuyer. Developer shall deliver to said homebuyer a warranty of habitability in the form of Exhibit M attached hereto. Said warranty of habitability shall have a duration of one year and shall be deemed to mn with the land. 5.2 Marketing. Developer shall comply with the affirmative marketing requirements described in Section 5.1(b) above. In addition. Developer shall comply with the marketing plan which has been approved by the DCD and is attached hereto as Exhibit N. and to utilize solely those marketing materials which have been approved by the DCD either prior to or subsequent to the execution date ofthe Agreement with regard to the marketing ofthe Homes (including MR-Homes) 7/29/2009 REPORTS OF COMMITTEES 67745 to prospective homebuyers. Developer also agrees to place on at least one ofthe Lots a sign stating that the Home was (or shall be) constmcted by Developer pursuant to the New Homes Program. 5.3 Income Eligibility Standards. Every potential homebuyer in conjunction with the homebuyer's execution of a purchase contract for the purchase of a Home (excluding MR-Homes), must be approved in writing by the DCD as meeting the income eligibility standards of the New Homes Program. Developer must provide the DCD with any and all information required by the DCD to confirm such homebuyer's income eligibility. The DCD shall have ten (10) business days from the date of receipt of a "complete information package" (which shall include, by means of illustration and not limitation, the W-2 forms from the initial homebuyer's employer(s), U.S. 1040 income tax returns for the previous two years, an affidavit or verification from the homebuyer with regard to household size, and the employer verification form utilized by the Federal National Mortgage Association within which to qualify potential homebuyers. (Including those purchasing MR-Homes) 5.4 Pre-Purchase Qualification. Developer shall refer each prospective homebuyer for pre-purchase counseling, which shall be offered either by the DCD, a qualified community organization or lending institution. Each homebuyer must participate in pre-purchase counseling, and provide the DCD with a certificate or other evidence of participation. SECTION VI PERFORMANCE 6.1 Time of the Essence. Time is of the essence of the Agreement. 6.2 Permitted Delays. Neither the City, Developer, or any successor in interest to Developer, shall be considered in breach of its obligations to commence or complete die Project in the event of delay in the performance of such obligations due to unforeseeable causes beyond such party's control and without such party's fault or negligence, including but not limited to, any delays or halts in the constmction ofthe Homes, compelled by court order, acts of God, acts ofthe public enemy, acts ofthe United States or other governmental body, acts ofthe other party, fires, floods, epidemics, quarantine restrictions, strikes, vandalism, embargoes and unusually severe weather or delays of subcontractors due to such cause. The time for the performance ofthe obligations shall be extended only for the period ofthe permitted delay if the party seeking the extension shall request it in writing ofthe other party within twenty (20) days after the begirming of any such delay. 6.3 Breach. (a) Generally. If the Developer defaults in the performance of its obligations under the Agreement, the DeVeloper shall, upon written notice from the City, commence to immediately cure or remedy such default but, in any event, by not later than thirty (30) days after receipt of such notice (or such other cure period, if any, as may be expressly provided for in Section 6.3(b)). If the default is not cured wdthin such thirty (30) day period (or such other cure period), the City may institute such proceedings at law or in equity as may be necessary or desu-able in its sole discretion 67746 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 to cure and remedy such default, including but not limited to, proceedings to compel specific performance. (b) Event of Default. For purposes ofthe Agreement, the occurrence of any one or more ofthe following, which is not cured by the specified cure period, if any, shall constitute an "Event of Default": (1) Any warranty, representation or statement made or fiimished by Developer is not tme and correct, or any covenant is not complied with in any material respect; (30 day cure period); or (2) Any petition or proceeding is filed by Developer under the Federal Bankruptcy Code or any similar state or federal law, whether now or hereafter existing (no cure period) or any such petition or proceeding is involuntarily filed and not vacated, stayed or set aside (60 day cure period); or (3) Failure of Developer to finalize the Working Drawings and Specifications in accordance with Section 4.2 (30 day cure period); or (4) If Developer fails to commence or complete construction of a Home or the Homes (including the nature of and the dates of the beginning and completion thereof) or abandons or substantially suspends construction work of any Home (30 day cure period); or (5) If Developer conveys any Home (excluding MR-Homes) to a homebuyer in excess ofthe consideration described in Section 5.1 above, or conveys any Home to a homebuyer ineligible to participate in the New Homes Program (no cure period); or (6) Developer fails to comply with the non-discrimination covenants in Section 5.2 above with regard to the marketing and sale of the Homes (including MR-Homes) constmcted by Developer (30 day cure period); or (7) Failure of Developer to pay real estate taxes or assessments affecting any Lots (accming after the date of conveyance by the City to Developer with respect to the City Lots) when due, or placing thereon any encumbrance or lien unauthorized by the Agreement, or suffering any levy or attachment to be made, or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to attach to the Lots or any part thereof (unless Developer has taken such appropriate action to cause the Title Company to insure over any title encumbrances caused by such liens or encumbrances), and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satisfactory to the City made for such payment, removal or discharge; (30 day cure period); or 7/29/2009 REPORTS OF COMMITTEES 67747 . (8) The occurrence of an event of default within the context of the First Mortgage, if any, which is not cured within the applicable time periods, if any, contained therein; or (9) The financial statements of Developer are not complete in all material respects or do not accurately present in all material respects the assets, liabilities, results of operations and financial condition of Developer or there is a material adverse change in the assets, liabilities, results of operations or financial condition of Developer since the date of Developer's most recent financial statements;.(30 day cure period); or (10) Developer makes of causes to be made, directly or indirectly, any payment, gratuity or offer of employment in connection with this Agreement or any contract paid from the City treasury or pursuant to any City ordinance, for services to any City agency ("City Contract") as an inducement for the City to enter into the Agreement or any City Contract in violation of Chapter 2-156-120 ofthe Municipal Code of Chicago; (no cure period); or (11) Any assignment, pledge, encumbrance, transfer or other disposition is made in violation of Section 8.2 below (no cure period). (c) Prior to Commencement of Construction. If prior to the commencement of constmction of any Home, an Event of Default occurs, the City may immediately terminate this Agreement and institute any action or proceeding at law or in equity against Developer. (d) After Commencement of Construction Until Issuance of Certificate. If after commencement of construction by Developer of a Home on any City Lot but before the City issues its Certificate for such Home, an Event of Default occurs, the City may immediately terminate the Agreement and institute any action or proceeding at law or in equity against Developer. In such event, Developer shall have no further right or interest regarding any City Lot not conveyed to Developer prior to the default. In addition, the City shall have the right to re-enter and take possession of each City Lot previously conveyed, to terminate the Developer's title to such City Lots and all other rights and interests of Developer to SEiid Lots and any improvements constmcted thereon, and revest tide in said City Lot in the City without any compensation whatsoever to Developer; provided, however, that such condition subsequent and revesting oftitle in the City shall always be limited by, and shall not defeat, render invalid, or limit in any way, the lien ofthe First Mortgage. Upon such revesting of title to the City Lots in the City, the DCD may complete the constmction of any Homes on the City Lots, including, if necessary, the hiring of an altemative contractor to complete the constmction. Upon completion of constmction, the DCD shall employ its best efforts to convey the Homes (subject to the First Mortgage liens described above, if any) to a homebuyer under the New Homes Program(excluding MR-Homes), and in accordance with all applicable federal, state and local laws, ordinances and regulations. In the event a First Mortgage 67748 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 encumbers the City Lot on which the Home is built, then at the closing ofthe conveyance of such Home, the net sales proceeds from the sale ofthe Home shall be applied to repay an allocable share ofthe unpaid principal ofthe First Mortgage attributable to said City Lot and the interest accmed thereon due and payable as ofthe date of conveyance. When the City sells all ofthe Homes in accordance with the provisions described in this paragraph, then upon repayment of all amounts under the First Mortgage any remaining proceeds shall be distributed pursuant to Section 6.3(e) below, hi the altemative, the City may allow the Constmction Lender to enter into possession of such Lots and cause the completion of constmction of the Homes so long as the Constmction Lender complies with the terms and provisions ofthe Agreement. (e) Distribution of Sale Proceeds. Upon the sale of all ofthe Homes by the City pursuant to Section 6.3(d) above, the proceeds from said conveyance(s) shall, after repayment of any First Mortgage indebtedness funded with respect to the constmction ofthe Homes (including an allocable share of any project-wide "soft" costs payable to third parties) be utilized first to reimburse the City for: (1) costs and expenses incurred by the City with regard to the reconveyance ofthe Lots, management of the Lots, and the subsequent conveyance of the Lots to the Homebuyers; (2) all taxes, assessments, and water and sewer charges paid with respect to the Lots; (3) any payments made or necessary to be made (including attomeys' fees) to discharge or prevent from attaching or being made any subsequent encumbrances or liens against the Lots; (4) any expenditures made or obligations incurred with respect to the constmction and maintenance of any Homes constmcted on the Lots; (5) any other amounts owed to the City by Developer, its successors or transferees under this Agreement, or otherwise; and (6) any remaining sums shall be delivered to Developer. (f) After Conveyance. If an Event of Default occurs under Section 6.3(b)(5) or Section 6.3 (b)(6), then the City shall have the right to institute a suit for injunctive relief against Developer, or alternatively, at the option of the City solely with regard to an Event of Default under Section 6.3(b)(5), Developer, within twenty (20) days after the receipt of written notice of default from the City, shall deliver the sum of one and one/half times the amount by which the sales price exceeds the permitted consideration described in Section 5.1, per violation to the City, said sum representing an amount of liquidated damages eind not a penalty. 6.4 Waiver and Estoppel. Any delay by the City in instituting or prosecuting any actions or proceedings or otherwise asserting its rights shall not operate as a waiver of such rights or operate to deprive the City of or limit such rights in any way. No waiver made by the City with respect to 7/29/2009 REPORTS OF COMMITTEES 67749 any specific default by Developer shall be constmed, considered or treated as a waiver ofthe rights ofthe City with respect to any other defaults of Developer. 6.5 Indemnity. Developer hereby agrees to indemnify, defend and hold the City harmless from and against any losses, costs, damages, liabilities, claims, suits, actions, causes of action and expenses (including, without limitation, reasonable attorneys' fees and court costs), suffered or incurted by the City (except due to the negligence ofthe City) arising from or in connection with: (i) the failure of Developer to perform its obligations under the Agreement; (ii) the failure of Developer or any contractor to pay contractors, subcontractors or materialmen in cormection with the constmction ofthe Homes (unless Developer has taken such appropriate action to cause the Title Company to insure over any title encumbrances caused by such liens and encumbrances); (iii) a material misrepresentation or material omission in Developer's application to participate in the New Homes Program or in the Agreement which is the result of information supplied or omitted by Developer or by agents, employees, contractors, subcontractors, or persons acting under the control or at the request of Developer; (iv) the failure of Developer to redress any misrepresentations or omissions in the Agreement or any other agreement relating hereto; (v) any activity undertaken by Developer on any ofthe City Lots or any part thereof; and (vi) any claim or cost relating to any soil or environmental condition existing at, or created by Developer on, any City Lot. 6.6 Access to the Lots. Any duly authorized representative of the City shall, at all reasonable times, have access to any Lot, or part thereof, from the execution date ofthe Agreement until the City issues its Certificate with regard to the completion ofthe Home on the Lot, for the purpose of confirming Developer's compliance with this Agreement. 6.7 City's Right to Inspect Records. Until the date that is three years after the date on which the City issues its Certificate with regard to the completion ofthe final Home, the City shall have the right and authority to review and audit, from time to time. Developer's books and records relating to the Project, including, without limitation. Developer's loan statements, the constmction manager's swom statements, general contracts, subcontracts, purchase orders, waivers of lien, paid receipts and invoices. All such books, records and other documents shall be available at the offices of Developer for inspection, copying, audit and examination by any duly authorized representative ofthe City; provided, however, that the City shall provide Developer with at least two (2) business days' WTitten notice of any proposed inspection of Developer's books and records. SECTION vn DEVELOPER'S EMPLOYMENT OBLIGATIONS 7.1 Employment Opportunity. Developer agrees for itselfand its successors and assigns, and shall confractually obligate its or their various confractors, subconfractors or any Affiliate of Developer operating on the Project (collectively, with Developer, the "Employers" and individually an "Employer") to agree, that for the term of this Agreement with respect to Developer and during the period of any other party's provision of services in connection with the construction of the Project and the occupation ofthe Lots with regard thereto: 67750 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 A. No Employer shall discriminate against any employee or applicant for employment based upon race, religion, color, sex, national origin or ancestry, age, handicap or disability, sexual orientation, military discharge status, marital status, parental status or source of income as defined in the City of Chicago Human Rights Ordinance, Chapter 2-160, Section 2-160-010 et seg.. Municipal Code of Chicago, except as otherwise provided by said ordinance and as amended from time to time (the "Human Rights Ordinance"). Each Employer shall take affirmative action to ensure that applicants are hired and employed without discrimination based upon race, religion, color, sex, national origin or ancestry, age, handicap or disability, sexual orientation, military discharge status, marital status, parental status or source of income and are treated in a non-discriminatory manner with regard to all job-related matters, including without limitation: employment, upgrading, demotion, or transfer; recmitment or recmitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Each Employer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. In addition, the Employers, in all solicitations or advertisements for employees, shall state that all qualified applicants shall receive consideration for employment without discrimination based upon race, religion, color, sex, national origin or ancestry, age, handicap or disability, sexual orientation, military discharge status, marital status, parental status or source of income. B. Each Employer shall comply with all federal, state and local equal employment and affirmative action statutes, mles and regulations, including, but not limited to, the Human Rights Ordinance, and the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq. (1993), and any subsequent amendments and regulations promulgated thereto. C. Developer, in order to demonstrate compliance with the terms of this Section, shall cooperate with and promptly and accurately respond to inquiries by the City, which has the responsibility to observe and report compliance with equal employment opportunity regulations of federal, state and municipal agencies. D. Developer and each Employer shall include the foregoing provisions of subparagraphs A through C in every contract entered into in connection with the Project, and shall require inclusion of these provisions in every subcontract entered into by any subconfractors, and every agreement with any Affiliate operating on the Property, so that each such provision shall be binding upon each confractor, subconfractor or affiliate, as the case may be. E. Failure to comply with the employment obligations described in this Section 7.1 shall be a basis for the City to pursue remedies under the provisions of Section 6 above. 7/29/2009 REPORTS OF COMMITTEES 67751 7.2 City Resident Employment Requirement. Developer agrees for itself and its successors and assigns, and shall contractually obligate the other Employers, as applicable, to agree, that during the constmction ofthe Project they shall comply with the minimum percentage of total worker hours performed by actual residents ofthe City of Chicago as specified in Section 2-92-330 ofthe Municipal Code of Chicago (at least fifty percent ofthe total worker hours worked by persons on the site ofthe constmction for the Project shall be performed by actual residents ofthe City of Chicago); provided, however, that in addition to complying with this percentage. Developer and the other Employers shall be required to make good faith efforts to utilize qualified residents ofthe City of Chicago in both unskilled and skilled labor positions. Developer and the other Employers may request a reduction or waiver of this minimum percentage level of Chicagoans as provided for in Section 2-92-330 of the Municipal Code of Chicago in accordance with standards and procedures developed by the Purchasing Agent of the City of Chicago. "Actual residents ofthe City of Chicago" shall mean persons domiciled within the City of Chicago. The domicile is an individual's one and only true, fixed and permanent home and principal establishment. Developer and the other Employers shall provide for the maintenance of adequate employee residency records to ensure that actual Chicago residents are employed on the Project. Developer and the other Employers shall maintain copies of personal documents supportive of every Chicago employee's actual record of residence. Weekly certified payroll reports (U.S. Department of Labor Form WH-347 or equivalent) shall be submitted to the Commissioner of the DCD in triplicate, which shall identify clearly the actual residence of every employee on each submitted certified payroll. The first time that an employee's name appears on a payroll, the date that the company hired the employee should be written in after the employee's name. Developer and the other Employers shall provide full access to their employment records to the Purchasing Agent, the Commissioner of the DCD, the Superintendent of the Chicago Police Department, the Inspector General, or any duly authorized representative thereof. Developer and the other Employers shall maintain all relevant personnel data and records for a period of at least three (3) years after final acceptance of the work constituting the Project as evidenced by the issuance ofthe Certificate for the last Home constmcted by Developer. At the direction ofthe DCD, affidavits and other supporting documentation will be required of Developer and the other Employers to verify or clarify an employee's actual address when doubt or lack of clarity has arisen. Good faith efforts on the part of Developer and the other Employers to provide utilization of actual Chicago residents (but not sufficient for the granting of a waiver request as provided for in the standards and procedures developed by the Purchasing Agent) shall not suffice to replace the 67752 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 actual, verified achievement of the requirements of this Section conceming the worker hours performed by actual Chicago residents. When work at the Project is completed, in the event that the City has determined that Developer and the other Employers failed to ensure the fulfillment ofthe requirement of this Section conceming the worker hours performed by actual Chicago residents or failed to report in the manner as indicated above, the City will thereby be damaged in the failure to provide the benefit of demonstrable employment to Chicagoans to the degree stipulated in this Section. Therefore, in such a case of non-compliance it is agreed that 1 / 20 of 1 percent (.05%), 0.0005, ofthe aggregate hard constmction costs set forth in the Budget (as the same shall be evidenced by approved contract value for the actual contracts) shall be surrendered by Developer and/or the other Employers to the City in payment for each percentage of shortfall toward the stipulated residency requirement. Failure to report the residency of employees entirely and correctly shall result in the surrender ofthe entire liquidated damages as if no Chicago residents were employed in either ofthe categories. The willfiil falsification of statements and the certification of payroll data may subject Developer and/or the other Employers or employee to prosecution. Nothing herein provided shall be constmed to be a limitation upon the "Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity, Executive Order 11246" and "Standard Federal Equal Employment Opportunity, Executive Order 11246," or other affirmative action required for equal opportunity under the provisions of this Agreement. Developer shall cause or require the provisions of this Section 7.2 to be included in all constmction contracts and subconfracts related to the Project. 7.3 Developer's MBE/WBE Commitment. The Developer agrees for itself and its successors and assigns, and, if necessary to meet the requirements set forth herein, shall contractually obligate the General Contractor to agree that during the Project: (a) Consistent with the findings which support, as applicable, (i) the Minority-Owned and Women-Owned Business Enterprise Procurement Program, Section 2-92-420 et seg.. Municipal Code of Chicago (the "Procurement Program"), and (ii) the Minority- and Women-Owned Business Enterprise Constmction Program, Section 2-92-650 et seg.. Municipal Code of Chicago (the "Constmction Program," and collectively with the Procurement Program, the "MBE/W^E Program"), and in reliance upon the provisions ofthe MBE/WBE Program to the extent contained in, and as qualified by, the provisions of this Section 7.3, during the course ofthe Project, at least the following percentages ofthe MBE/WBE budget to be approved by DCD's monitoring staff shall be expended for confract participation by minority-owned businesses ("MBEs") and by women- owTied businesses ("WBEs"): (1) At least 24 percent by MBEs. (2) At least four percent by WBEs. (b) For purposes of this Section 7.3 only: 7/29/2009 REPORTS OF COMMITTEES 67753 (i) The Developer (and any party to whom a contract is let by the Developer in cormection with the Project) shall be deemed a "contractor" and this Agre;ement (and any contract let by the Developer in connection with the Project) shall be deemed a "contract" or a "constmction contract" as such terms are defined in Sections 2-92-420 and 2-92-670, Municipal Code of Chicago, as applicable. (ii) The term "minority-owned business" or "MBE" shall mean a business identified in the Directory of Certified Minority Business Enterprises published by the City's Department of Procurement Services, or otherwise certified by the City's Department of Procurement Services as a minority-owned business enterprise, related to the Procurement Program or the Constmction Program, as applicable. (iii) The term "women-owned business" or "WBE" shall mean a business identified in the Directory of Certified Women Business Enterprises published by the City's Department of . Procurement Services, or otherwise certified by the City's Department of Procurement Services as a women-owned business enterprise, related to the Procurement Program or the Constmction Program, as applicable. (c) Consistent with Sections 2-92-440 and 2-92-720, Municipal Code of Chicago, the Developer's MBE/WBE commitment may be achieved in part by the Developer's status as an MBE or WBE (but only to the extent of any actual work performed on the Project by the Developer) or by a joint venture with one or more MBEs or WBEs (but only to the extent ofthe lesser of (i) the MBE or WBE participation in such joint venture or (ii) the amount of any actual work performed on the Project by the MBE or WBE), by the Developer utilizing a MBE or a WBE as the General Confractor (but only to the extent of any actual work performed on the Project by the General Confractor), by subcontracting or causing the General Contractor to subcontract a portion of the Project to one or more MBEs or WBEs, or by the purchase of materials or services used in the Project from one or more MBEs or WBEs, or by any combination ofthe foregoing. Those entities which constitute both a MBE and a WBE shall not be credited more than once with regard to the Developer's MBE/WBE commitment as described in this Section 7.3. In accordance with Section 2-92-730, Municipal Code of Chicago, the Developer shall not substitute any MBE or WBE General Confractor or subconfractor without the prior written approval of DCD. (d) The Developer shall deliver quarterly reports to the City's monitoring staff during the Project describing its efforts to achieve compliance with this MBE/WBE commitment. Such reports shall include, inter alia, the name and business address of each MBE and WBE solicited by the Developer or the General Confractor to work on the Project, and the responses received from such solicitation, the name and business address of each MBE or WBE actually involved in the Project, a description ofthe work performed or products or services supplied, the date and amount of such work, product or service, and such other information as may assist the City's monitoring staff in determining the Developer's compliance with this MBE/WBE commitment. The Developer shall maintain records of all relevant data with respect to the utilization of MBEs and WBEs in connection with the Project for at least five years after completion ofthe Project, and the City's monitoring staff shall have access to all such records maintained by the Developer, on five Business Days' notice. 67754 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 to allow the City to review the Developer's compliance with its commitment to MBE/WBE participation and the status of any MBE or WBE performing any portion ofthe Project. (e) Upon the disqualification of any MBE or WBE General Confractor or subcontractor, if such status was misrepresented by the disqualified party, the Developer shall be obligated to discharge or cause to be discharged the disqualified General Contractor or subcontractor, and, if possible, identify and engage a qualified MBE or WBE as a replacement. For purposes of this Section (e), the disqualification procedures are further described in Sections 2-92-540 and 2-92-730, Municipal Code of Chicago, as applicable. (f) Any reduction or waiver ofthe Developer's MBE/WBE commitment as described in this Section 7.3 shall be undertaken in accordance with Sections 2-92-450 and 2-92-730, Municipal Code of Chicago, as applicable. (g) Prior to the commencement ofthe Project, the Developer shall be required to meet with the City's monitoring staff with regard to the Developer's compliance with its obligations under this Section 7.3. The General Contractor and all major subcontractors shall be required to attend this pre-constmction meeting. During said meeting, the Developer shall demonstrate to the City's monitoring staff its plan to achieve its obligations under this Section 7.3, the sufficiency of which shall be approved by the City's monitoring staff During the Project, the Developer shall submit the documentation required by this Section 7.3 to the City's monitoring staff, including the following: (i) subconfractor's activity report; (ii) contractor's certification conceming labor standards and prevailing wage requirements, if applicable; (iii) contractor letter of understanding; (iv) monthly utilization report; (v) authorization for payroll agent; (vi) certified payroll; (vii) evidence that MBE/WBE contractor associations have been informed of the Project via written notice and hearings; and (viii) evidence of compliance with job creation/job retention requirements. Failure to submit such documentation on a timely basis, or a determination by the City's monitoring staff, upon analysis ofthe documentation, that the Developer is not complying with its obligations under this Section 7.3, shall, upon the delivery of written notice to the Developer, and Developer's failure to cure within 15 days after receipt ofthe city's notice specifying violations, be deemed an Event of Default. Upon the occurrence of any such Event of Default, in addition to any other remedies provided in this Agreement, the City may: (1) issue a written demand to the Developer to halt the Project, (2) withhold any fiirther payment of any City Funds to the Developer or the General Contractor, or (3) seek any other remedies against the Developer available at law or in equity. SECTION VIII MISCELLANEOUS PROVISIONS 8.1 Entire Agreement. This Agreeinent contains the entire agreement ofthe parties with respect to the Project and supersedes all prior agreements, negotiations and discussions with respect thereto. It shall not be modified, amended or changed in any material marmer whatsoever except by mutual consent ofthe parties as reflected by written instrument executed by the parties hereto. The term "material" for the purpose of this Section 8.1 shall be defined as any deviation from the terms of the Agreement which operates to cancel or othenvise reduce any developmental. 7/29/2009 REPORTS OF COMMITTEES 67755 constmction or job-creating obligation of Developer by more than five percent (5%) or substantially changes the character ofthe Project or any activities undertaken by Developer affecting the Project, or increases any time agreed for performance by either party by more than thirty (30) days. 8.2 Assignability and Transfer. Unless permitted under Section 4.9 above, prior to the City's issuance ofthe Certificate with regard to the completion of a Home (including MR-Homes), the Developer shall not assign, transfer or convey any right, title or interest in the Lot on which such Home is constructed. Notwithstanding the above. Developer may sign purchase contracts with initial homebuyers prior to the issuance of the Certificate. In addition, Developer may convey its right, title and interest to any ofthe Lots to a land tmst formed under the laws ofthe state of Illinois and of which Developer is the sole beneficiary; provided, however, that the City must receive prior notification of such transfer accompanied by a certified copy ofthe land tmst agreement, and the City, Developer and the land tmstee shall execute a document granting the City the irrevocable right to approve the land tmst documents. 8.3 Conflict of Interest - City's Representatives Not Individually Liable. Prior to the issuance ofthe Certificate by the City with regard to the completion ofthe final Home, no member of any City board, commission or agency, or official or employee ofthe City shall have any personal interest, direct or indirect, in Developer, the Agreement or the Project; nor shall any such member, official or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. This prohibition shall include those public officials who have exercised any fimctions or responsibilities with respect to this Project or the New Homes Program or who are in a position to participate in a decision making process or gain inside information with regard to the Project or the New Homes Program or may obtain a financial interest or benefit from this Project, or have an interest in any confract, subconfract, or agreement with respect thereto, or the proceeds therefore, either for themselves or those with whom the officials have family or business ties, during the tenure or employment of said public officials and for a period of one year thereafter. The foregoing shall not be deemed to exclude employees of the City who meet the requirements ofthe New Homes Program from purchasing Homes for their primary residences, and who are able to do so pursuant to an ordinance passed by the City Council ofthe City. No member, official or employee ofthe City shall be personally liable to Developer, or any successor in interest, to perform any commitment or obligation ofthe City under the Agreement nor shall any such person be personally liable in the event of any default or breach by the City. 8.4 Survival. All representations and warranties contained in the Agreement shall survive execution date ofthe Agreement and the execution, delivery and acceptance hereof by the parties shall not constitute a waiver of rights arising by reasons of any misrepresentation. 8.5 Mutual Assistance. The parties agree to perform their respective obligations, including the execution and delivery of any documents, instruments, petitions and certifications, as may be necessary or appropriate, consistent wdth the terms and provisions ofthe Agreement. 67756 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 8.6 Cumulative Remedies. The remedies of the City hereunder are cumulative and the exercise of any one or more ofthe remedies provided by the Agreement shall not be constmed as a waiver of any ofthe other remedies ofthe City unless specifically so provided herein. 8.7 Disclaimer. No provision of the Agreement, nor any act of the City, shall be deemed or construed by any of the parties, or by third persons, to create any relationship of third-party beneficiary, or of principal or agent, or of limited or general partnership, or of joint venture, or of any association or relationship involving the City. 8.8 Notices. Any notice called for herein shall be in writing and shall be mailed postage prepaid by registered or certified mail with retum receipt requested, or hand delivered and receipted, as follows: Ifto the City; Commissioner Department of Community Development 121 North LaSalle Sfreet, Room 1000 Chicago, Illinois 60602 Attn: Deputy Commissioner, Developer Services with a copy to: Corporation Counsel City of Chicago 121 North LaSalle Street, Room 600 Chicago, Illinois 60602 Attn: Real Estate Division Ifto Developer: [TO COME] Notices are deemed to have been received by the parties three (3) days after mailing. The parties, by notice given hereunder, may designate any further or different addresses to which subsequent notices, certificates or other commimications shall be sent. 8.9 Headings. The headings of the various sections and Sections of the Agreement have been inserted for convenient reference only and shall not in any manner be constmed as modifying, amending or affecting in any way the express terms and provisions hereof 8.10 Governing Law. The Agreement shall be govemed by and constmed in accordance with the laws ofthe State of Illinois and, where applicable, the laws ofthe United States of America. 8.11 References to Statutes. All references herein to statutes, regulations, mles, executive orders, ordinances, resolutions, mlings, notices or circulars issued by any governmental body shall be deemed to include any and all amendments, supplements and restatements from time to time to or of such statutes, regulations, mles, executive orders, ordinances, resolutions, mlings, notices or circulars. 7/29/2009 REPORTS OF COMMITTEES 67757 8.12 Recordation ofthe Agreement. Uponexecutionofthe Agreement by the parties, the City shall promptly record one original ofthe Agreement with the Office ofthe Recorder of Deeds of Cook County, Illinois. 8.13 No Third Party Beneficiary. The approvals given by the City pursuant to the Agreement and the Certificate when issued by the City shall be only for the benefit of Developer, the First Mortgagee, and their successors in interest in the Project and no other person or party may assert against the City or claim the benefit of such approval or certificate. 8.14 Successors and Assigns. The terms of the Agreement shall be binding upon the City and Developer, and the Developer's successors and assigns. 8.15 Severability. If any provision ofthe Agreement, or any paragraph, sentence, clause, phrase, or word, or the application thereof, in any circumstance, is held invalid, the remainder ofthe Agreement shall be constmed as if such invalid part were never included herein and the Agreement shall be and remain valid and enforceable to the fullest extent permitted by law. 8.16 Counterparts. The Agreement shall be executed in triplicate, each of which shall constitute an original instmment. 8.17 Executive Order 2005-1. Developer agrees that Developer, any person or entity who directly or indirectly has an ownership or beneficial interest in Developer of more than 7.5 percent ("Owners"), spouses and domestic partners of such Owners, Developer's contractors (i.e., any person or entity in direct contractual privity with Developer regarding the subject matter of this Agreement) ("Contractors"), any person or entity who directly or indirectly has an ownership or beneficial interest in any Contractor of more than 7.5 percent ("Sub-owners") and spouses and domestic partners of such Sub-owners (Developer and all the other preceding classes of persons and entities are together, the "Identified Parties"), shall not make a contribution of any amount to the Mayor of the City of Chicago (the "Mayor") or to his political fundraising committee (i) after execution of this Agreement by Developer, (ii) while this Agreement or any Other Confract is executory, (iii) during the term of this Agreement or any Other Confract between Developer and the City, or (iv) during any period while an extension of this Agreement or any Other Contract is being sought or negotiated. Developer represents and warrants that from the later of (i) Febmary 10,2005, or (ii) the date the City approached the Developer or the date the Developer approached the City, as applicable, regarding the formulation of this Agreement, no Identified Parties have made a contribution of any amount to the Mayor or to his political fimdraising committee. Developer agrees that it shall not: (a) coerce, compel or intimidate its employees to make a contribution of any amoimt to the Mayor or to the Mayor's political fundraising committee; (b) reimburse its employees for a contribution of any amount made to the Mayor or to the Mayor's political fundraising committee; or (c) bundle or solicit others to bimdle contributions to the Mayor or to his political fundraising committee. 67758 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Developer agrees that the Identified Parties must not engage in any conduct whatsoever designed to intentionally violate this provision or Mayoral Executive Order No. 05-1 or to entice, direct or solicit others to intentionally violate this provision or Mayoral Executive Order No. 05-1. Developer agrees that a violation of, non-compliance with, misrepresentation with respect to, or breach of any covenant or warranty under this provision or violation of Mayoral Executive Order No. 05-1 constitutes a breach and default under this Agreement, and under any Other Contract for which no opportunity to cure will be granted, unless the City, in its sole discretion, elects to grant such an opportunity to cure. Such breach and default entitles the City to all remedies (including without limitation termination for default) under this Agreement, under any Other Contract, at law and in equity. This provision amends any Other Contract and supersedes any inconsistent provision contained therein. If Developer intentionally violates this provision or Mayoral Executive Order No. 05-1 prior to the closing of this Agreement, the City may elect to decline to close the transaction contemplated by this Agreement. For purposes of this provision: "Bundle" means to collect contributions from more than one source which are then delivered by one person to the Mayor or to his political fundraising committee. "Other Contract" means any other agreement with the City of Chicago to which Developer is a party that is (i) formed under the authority of chapter 2-92 ofthe Municipal Code of Chicago; (ii) entered into for the purchase or lease of real or personal property; or (iii) for materials, supplies, equipment or services which are approved or authorized by the City Council ofthe City of Chicago. "Contribution" means a "political contribution" as defined in Chapter 2-156 ofthe Municipal Code of Chicago, as amended. Individuals are "Domestic Partners" if they satisfy the following criteria: (A) they are each other's sole domestic partner, responsible for each other's common welfare; and (B) neither party is married; and (C) the partners are not related by blood closer than would bar marriage in the State of fllinois; and (D) each partner is at least 18 years of age, and the partners are the same sex, and the partners reside at the same residence; and (E) two ofthe following four conditions exist for the partners: 1. The partners have been residing together for at least 12 months. 2. The partners have common or joint owoiership of a residence. 3. The partners have at least two ofthe following arrangements: a. joint ownership of a motor vehicle; b. a joint credit account; 7/29/2009 REPORTS OF COMMITTEES 67759 c. a joint checking account; d. a lease for a residence identifying both domestic partners as tenants. 4. Each partner identifies the other partner as a primary beneficiary in a will. "Political fundraising committee" means a "political fundraising committee" as defined in Chapter 2-156 of the Municipal Code of Chicago, as amended. 8.18. Patriot Act Certification. The Developer represents and warrants that neither the Developer nor any Affiliate thereof (as defined in the next paragraph) is listed on any of the following lists maintained by the Office of Foreign Assets Control ofthe U.S. Department ofthe Treasury, the Bureau of Industry and Security of the U.S. Department of Commerce or their successors, or on any other list of persons or entities with which the City may not do business under any applicable law, mle, regulation, order or judgment: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List As used in the above paragraph, an "Affiliate" shall be deemed to be a person or entity related to the Developer that, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with Developer, and a person or entity shall be deemed to be controlled by another person or entity, if controlled in any mcinner whatsoever that results in control in fact by that other person or entity (or that other person or entity and any persons or entities with whom that other person or entity is acting jointly or in concert), whether directly or indirectly and whether through share ownership, a tmst, a contract or otherwise. 8.19. Business Relationships. The Developer acknowledges (A) receipt of a copy of Section 2-156-030 (b) ofthe Municipal Code of Chicago, (B) that it has read such provision and understands that pursuant to such Section 2-156-030 (b) it is illegal for any elected official of die City, or any person acting at the direction of such official, to contact, either orally or in waiting, any other City official or employee with respect to any matter involving any person with whom the elected City official or employee has a "Business Relationship" (as defined in Section 2-156-080 of the Municipal Code of Chicago), or to participate in any discussion in any City Council committee hearing or in any City Council meeting or to vote on any matter involving the person with whom an elected official has a Business Relationship, eind (c) notwithstanding anything to the confrary contained in this Agreement, that a violation of Section 2-156-030 (b) by an elected official, or any person acting at the direction of such official, with respect to any fransaction contemplated by this Agreement shall be grounds for termination of this Agreement and the fransactions contemplated hereby. The Developer hereby represents and warrants that no violation of Section 2-145-030 (b) has occurred with respect to this Agreement or the fransactions contemplated hereby. 8.20. Waste Ordinance Provisions. In accordance with Section 11-4-1600(e) ofthe Municipal Code of Chicago, Developer warrants and represents that it, and to the best of its knowledge, its confractors and subconfractors, have not violated and are not in violation of any provisions of Section 7-28 or Section 11-4 of the Municipal Code (the "Waste Sections"). During the period while this Agreement is executory, Developer's, any general confractor's or any subconfractor's violation ofthe Waste Sections, whether or not relating to the performance of this 67760 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Agreement, constittites a breach of and an event of default under this Agreement, for which the opportunity to cure, if curable, will be granted only at the sole designation ofthe Chief Procurement Officer. Such breach and default entitles the City to all remedies under the Agreement, at law or in equity. This section does not limit the Developer's, general contractor's and its subcontractors' duty to comply with all applicable federal, state, county and municipal laws, statutes, ordinances and executive orders, in effect now or later, and whether or not they appear in this Agreement. Non compliance with these terms and conditions may be used by the City as grounds for the termination of this Agreement, and may further affect the Developer's eligibility for future contract awards: IN WITNESS WHEREOF, the parties hereto have executed or caused the Agreement to be executed, all as of the date first written above. CITY OF CHICAGO, an Illinois municipal corporation By: Christine Raguso Acting Commissioner Department of Community Development DIVERSE DEVELOPMENT, LLC an Illinois limited liability company By: Name: Title: STATE OF ILLINOIS) ) SS COUNTY OF COOK ) 1, , a Notary Public in and for said County, in the State aforesaid, do hereby certify that Christine Raguso, personally known to me to be the Acting Commissioner ofthe Department of Community Development ofthe City of Chicago, a municipal corporation, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and being first duly swom by me acknowledged that as such Commissioner, she signed and delivered the said instmment, pursuant to authority given by the City of Chicago, as her free and voluntary act and as the free and voluntary act and deed of said City, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of _, 2009. Notary Public (SEAL) My Commission expires 7/29/2009 REPORTS OF COMMITTEES 67761 STATE OF ILLINOIS) ) SS COUNTY OF COOK) I, , a Notary Public in and for said County, in the State aforesaid, do hereby certify that , personally known to me to be the of Diverse Development, LLC, an Illinois limited liability company, and personally known to me to be the same person whose name is subscribed to the foregoing instmment, appeared before me this day in person and being first duly swom by me acknowledged that as such ^ , he signed and delivered the said instmment, pursuant to authority given by the Board of Directors of the corporation as his free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of , 2009. Notary Public (SEAL) My Commission expires [(Sub)Exhibits "B", "C", "D", "E", "G", 'T', "L", "M" and "N" referred to in this Redevelopment Agreement with Diverse Development, L.L.C. unavailable at time of printing.] [(Sub)Exhibit 'A" referred to in this Redevelopment Agreement with Diverse Development, L.L.C. constitutes Exhibit "B" to ordinance and printed on pages 67767 and 67768 of this Journal.] (Sub)Exhibits "F", "H", "J" and "K" referred to in this Redevelopment Agreement with Diverse Development, L.L.C. read as follows; 67762 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Sub)Exhibit "F". (To Redevelopment Agreement With Diverse Development, L.L.C.) Form Of Quitclaim Deed. (New Homes For Chicago - Diverse Development, L.L.C. - 2009) Grantor, the City of Chicago, an Illinois municipal corporation ("Grantor"), having its principal office at 121 North LaSalle Street, Chicago, Illinois 60602, for and in consideration of One and no/100 Dollars ($1.00), pursuant to ordinance adopted by the City Council on , 2009 (Journal of the Proceedings of the City Council of the City of Chicago, pages ) conveys and quitclaims to Diverse Development, L.L.C, an Illinois limited liability company ("Grantee"), having its principal office at [insert address], all interest and title of Grantor in the following descnbed real property ("Property"); [See (Sub)Exhibit A attached to this Quitclaim Deed] This Transfer Is Exempt Under The Provisions Of The Real State Transfer Tax Act, 35 ILCS 200/31-45(6) And 35 ILCS 200/31-45(E) And Section 3-33-060.B And Section 3-33-060. E Of The Municipal Code Of Chicago. Further, this quitclaim deed ("Deed") is made and executed upon, and is subject to certain express conditions and covenants hereinafter contained, said conditions and covenants being a part of the consideration for the Property and are to be taken and construed as running with the land, and Grantee hereby binds itself and its successors, assigns, grantees and lessees to these covenants and conditions, which covenants and conditions are as follows; First; Grantee shall devote the Property only to the uses authorized by Grantor and specified in the applicable provisions of; (i) The New Homes For Chicago Program, initially approved by the City Council of the City of Chicago byordinance adopted June 7, 1990, as amended from time to time, ("Program"), and (ii) that certain agreement known as "Redevelopment Agreement, New Homes For Chicago Program, Diverse Development, L.L.C. - 2009" entered into between Grantor and Grantee as of , 2009 and recorded with the Office of the Recorder of Deeds of Cook County, Illinois on , 2009 as document Number ("Agreement"). Specifically, in accordance with the terms of the Agreement, Grantee shall construct a single-family home ("Single-Family Home") on the Property to be sold to the initial homebuyer for a price not to exceed the ceiling base price (excluding options or extras) of Two Hundred Fifteen Thousand Dollars ($215,000) all as further described in Section 4.5(b)(1) and Section 5.1 of the Agreement. Grantee shall advise each initial homebuyer and such homebuyer shall be required to execute and record at the time of the homebuyer's closing the City Junior Mortgage descnbed in the Agreement. 7/29/2009 REPORTS OF COMMITTEES 67763 Second; Grantee shall pay real estate taxes and assessments on the Property or any part thereof when due. Pnor to the issuance by Grantor of a Certificate of Compliance (as hereafter defined) with regard to the Property, Grantee shall not encumber the Property, or portion thereof, except to secure financing solely to obtain the First Mortgage (as such term is defined in the Agreement). Grantee shall not suffer or permit any levy or attachment to be made or any other encumbrance or lien to attach to the Property or portion thereof until Grantor issues a Certificate of Compliance with respect to the completion of the Single-Family Home on the Property (unless Grantee has taken such appropriate action to cause the Title Company (as such term is described in the Agreement) to insure over any title encumbrances caused by such liens or claims). Third; Grantee shall construct the Home on the Property in accordance with the terms of the Agreement. Grantee shall diligently proceed with the construction of such Home to completion, which construction shall commence within three (3) months from the date of conveyance ofthe Deed by Grantor to Grantee and shall be completed by Grantee within the time frame descnbed in the Agreement. Fourth; Until Grantor issues the Certificate with regard to the completion of the Home, Grantee shall have no nght to convey any right, title or interest in the Property without the prior written approval of Grantor, excepting as provided for in Section 8.2 ofthe Agreement. Fifth; Grantee agrees for itself and any successor in interest not to discnminate based upon race, religion, color, sex, national ongin or ancestry, age, handicap, sexual orientation, military status, parental status or source of income in the sale ofthe Home improving the Property. Sixth; Grantee shall comply with those certain employment obligations descnbed in Section Vll of the Agreement. The covenants and agreements contained in the covenant numbered Fifth shall remain without any limitation as to time. The covenants and agreements contained in covenants numbered First, Second, Third, Fourth and Sixth shall terminate on the date Grantor issues the Certificate of Compliance with respect to the Property upon which the pertinent Home is constructed, except that the termination of the covenant numbered Second shall in no way be construed to release Grantee from its obligation to pay real estate taxes and assessments on the Property or any part thereof In the event that subsequent to the conveyance of the Property and pnor to delivery of the Certificate of Compliance by Grantor with regard to the completion ofthe Home on the Property, Grantee defaults in or breaches any of the terms or conditions described in Section 6.3(b) of the Agreement or covenants First and Third in the Deed which have not been cured or remedied within the period and in the manner provided for in the Agreement, Grantor may re-enter and take possession of the Property or portion thereof, terminate the estate conveyed by the Deed to Grantee as well as Grantee's right of title and all other rights and interests in and to the Property conveyed by the Deed to Grantee, and revest title in said 67764 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Property or portion thereof with the City; provided, however, that said revesting oftitle in the City shall always be limited by, and shall not defeat, render invalid, or limit in any way, the lien of the First Mortgage (as defined in the Agreement) for the protection of the holders of the First Mortgage. The Property shall thereafter be developed in accordance with the terms of the Program and the Agreement, including but not limited to. Section 6.3(d) of the Agreement. Notwithstanding any of the provisions of the Deed or the Agreement, including but not limited to those which are intended to be covenants running with the land, the holder ofthe First Mortgage or a holder who obtains title to the Property as a result of foreclosure of the First Mortgage shall not be obligated by the provisions of the Deed or the Agreement to construct or complete the construction of the pertinent Home or guarantee such construction or completion, nor shall any covenant or any other provision in the Deed or the Agreement be construed to so obligate such holder. Nothing in this section or any section or provision of the Agreement or the Deed shall be construed to permit any such holder to devote the Property or any part thereof to a use or to construct improvements thereon other than those permitted in the Program. In accordance with Section 4.8 of the Agreement, after the substantial completion of construction ofthe Home improving the Property (as evidenced by, and based solely on, the issuance ofthe Conditional Certificate or Final Certificate by the Inspector), and provided that Developer has performed all of its other contractual obligations pursuant to the provisions contained in the Agreement and the objectives of the Program, Grantor shall furnish Grantee with an appropnate instrument in accordance with the terms of the Agreement ("Certificate of Compliance"). The Certificate of Compliance shall be issued by the City as a conclusive determination of satisfaction and termination ofthe covenants contained in the Agreement and Deed with respect to the obligations of Developer and its successors and assigns to complete such Home and the dates for beginning and completion thereof The Certificate shall not constitute evidence that Developer has complied with any applicable provisions of federal, state or local laws, ordinances and regulations with regard to the completion ofthe Home in question, and shall not serve as any "guaranty" as to the quality ofthe construction of said structure. In Witness Whereof, Grantor has caused this instrument to be duly executed in its name and behalf and its seal to be hereunto duly affixed and attested, by the Mayor and by the City Clerk, on or as of the day of 2009. City of Chicago, a municipal corporation By: Richard M. Daley, Mayor Attest; City Clerk 7/29/2009 REPORTS OF COMMITTEES 67765 State of Illinois ) )SS. County of Cook ) I, , a notary public in and for said County, in the State aforesaid, do hereby certify that Miguel del Valle, personally known to me to be the City Clerk ofthe City of Chicago, a municipal corporation, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and being first duly sworn by me acknowledged that as Clerk, he signed and delivered the said instrument and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority given by the City of Chicago, as his free and voluntary act and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and notarial seal this day of , 200 . Notary Public My commission expires; [Seal] [(Sub)Exhibit "A" referred to in this Form of Quitclaim Deed unavailable at time of printing.] (Sub)Exhibit "H". (To Redevelopment Agreement With Diverse Development, L.L.C.) Allocation Of City Subsidy Per Unit Type. 1. Up to Two Hundred Thousand Thirty Dollars ($230,000) in Corporate funds. For household incomes at or below one hundred percent (100%) A.M.I. Ten Thousand Dollars ($10,000) in Purchase Price Assistance for up to twenty-three (23) affordable single- family homes. 2. Up to Six Hundred Ninety Thousand Dollars ($690,000) in HOME funds. For up to twenty-three (23) affordable single-family homes, buyers with household incomes between eighty percent (80%) and sixty-one percent (61%) A.M.I, will be eligible to 67766 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 receive up to Twenty Thousand Dollars ($20,000) in Additional Purchase Price Assistance. Buyers with household incomes at or below sixty percent (60%) A.M.I, will be eligible to receive up to Thirty Thousand Dollars ($30,000) in Additional Purchase Pnce Assistance. Up to Four Hundred Sixty Thousand Dollars ($460,000) in DDA Purchase Price Subsidy. Up to Twenty Thousand Dollars ($20,000) in DDA Purchase Price Subsidy assistance for all Homes (including any MR-Homes), subject to Section 4.5(b)(4). (Sub)Exhibit "J". (To Redevelopment Agreement With Diverse Development, L.L.C.) Inspector's Certificate. Architect's Certificate For Payment. In accordance with the Contract Documents, based on-site observations and the date compnsing the above application, the undersigned Architect certifies to the City of Chicago that to the best ofthe Architect's knowledge, information and belief, the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment in the Amount Certified. This Certificate is not negotiable. The Amount Certified is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any nghts of the Owner or Contractor under this Contract. Amount Certified; $ Architect; By: (Sub)Exhibit "K". (To Redevelopment Agreement With Diverse Development, L.L.C.) Final Sales Pricing Of Units.* (Exclusive Of Upgrades And Extras) Cost Summary For A Homebuyer Of A Single-Family Home At Or Below 100% A.M.I. Sales Price; $215,000 7/29/2009 REPORTS OF COMMITTEES 67767 Available Purchase Price Subsidy; $ 10,000 Available D.D.A. Purchase Price Subsidy; $ 20,000 Cost To Buyer; $185,000 Cost Summary For A Homebuyer Between 80% And 61% A.M.I. Sales Pnce; $215,000 Available Purchase Price Subsidy: $ 10,000 Available HOME Purchase Price Subsidy; $ 20,000 Available D.D.A. Purchase Price Subsidy; $ 20,000 Cost To Buyer: $165,000 Cost Summary For A Homebuyer At Or Below 60% A.M.I. Sales Price: $215,000 Available Purchase Pnce Subsidy: $ 10,000 Available HOME Purchase Pnce Subsidy; $ 30,000 Available DDA Purchase Price Subsidy; $ 20,000 Cost To Buyer; $155,000 Note; The above tables are for illustrative.purposes only. The availability of all subsidies is subject to the terms conditions of the Redevelopment Agreement. Exhibit "B". (To Ordinance) City Lots. (Subject To Final Survey And Title Commitment) 14 Digit Permanent Index Number Address 20-18-213-002-0000 5603 South Hermitage Avenue 67768 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 14 Digit Permanent Index Number Address 20-18-212-030-0000 5620 South Hermitage Avenue 20-18-213-014-0000 5631 South Hermitage Avenue 20-18-220-044-0000 5716 South Hermitage Avenue 20-18-221-017-0000 5741 South Hermitage Avenue 20-18-404-042-0000 5948 South Hermitage Avenue 20-18-413-014-0000 6035 South Hermitage Avenue 20-18-413-016-0000 6039 South Hermitage Avenue 20-18-412-036-0000 6042 South Hermitage Avenue 20-18-420-044-0000 6150 South Hermitage Avenue 20-18-420-046-0000 6154 South Hermitage Avenue 20-18-429-007-0000 6219 South Hermitage Avenue 20-18-429-009-0000 6225 South Hermitage Avenue 20-18-428-027-0000 6234 South Hermitage Avenue 20-19-205-011-0000 6321 South Hermitage Avenue 20-19-204-031-0000 6332 South Hermitage Avenue 20-19-212-026-0000 6418 South Hermitage Avenue 20-19-212-027-0000 6420 South Hermitage Avenue 20-19-212-037-0000 6452 South Hermitage Avenue 20-18-219-007-0000 5719 South Honore Avenue 20-18-403-023-0000 5945 South Honore Avenue 2O718-410-027-0000 6008 South Honore Avenue 20-18-410-033-0000 6022 South Honore Avenue 7/29/2009 REPORTS OF COMMITTEES 67769 Exhibit "C". (To Ordinance) Fee Waivers. (New Homes For Chicago And City Lots For City Living Programs) Department Of Buildings. Plan review, permit and field inspection fees are to be paid in full for the first unit of each unit type; the fees paid for each successive unit type would be reduced by fifty percent (50%). The fee reduction is not applicable to the electrical permit. Department Of Community Development. Trees and sod in parkways are provided on an as-needed basis in coordination with the Department of Transportation's reconstruction of sidewalks, curbs and gutters. Department Of Zoning And Land Use Planning. Open space Impact fees are not waived. For the New Homes for Chicago or City Lots for City Living Programs, an open space Impact fee of One Hundred Dollars ($100) per unit will be assessed to the developer to be paid to the City of Chicago as a condition of issuance of a building permit. Department Of Water Management. Connection fees are waived. Inspection fees are waived. Tap fees are waived. Demolition fees for existing water tap are waived. Water liens against City-owned lots only are waived. (B-boxes, meters and remote readouts are not waived and need to be purchased.) 67770 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Department Of Streets And Sanitation. Street opening or patching fees, deposits or bonds are not waived at this time. Department Of Transportation. Curbs, gutters and sidewalks are provided on an as-needed basis. Street and alley repairs or repaying are not provided through the New Homes for Chicago or City Lots for City Living Programs. Department Of Zoning And Land Use Planning. Zoning approval is required as part ofthe building permit process and is covered under the building permit fee schedule described above. However, any pnvate legal work, such as giving notice to nearby property owners if a zoning change is requested, is not waived. FIRSTAMENDMENTTOREDEVELOPMENTAGREEMENTWITHKARRYL YOUNG DEVELOPMENT, L.L.C. FOR CONSTRUCTION OF AFFORDABLE HOUSING WITHIN EAST GARFIELD PARK COMMUNITY AREA. [02009-4226] The Committee on Housing and Real Estate submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Housing and Real Estate, to which was referred an ordinance by the Department of Community Development authorizing an amendment to a previously passed land sale and funding for Karry L. Young Development, L.L.C, having the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. 7/29/2009 REPORTS OF COMMITTEES 67771 This recommendation was concurred in by a vote of the members of the Committee present, with no dissenting votes. Respectfully submitted, (Signed) RAY SUAREZ, Chairman. On motion of Alderman Suarez, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harns, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas,. Lane, Rugai, Cochran, Brookins, Munoz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed; WHEREAS, The City of Chicago ("City") is a home rule unit of government under Section 6(a), Article Vll ofthe 1970 Constitution ofthe State of Illinois and may exercise any power related to its local governmental affairs; and WHEREAS, The City Council of the City ("City Council"), by ordinance first adopted June 7, 1990 and published in the Journal ofthe Proceedings ofthe City Council ofthe City of Chicago (the "Journaf) for such date at pages 17038 - 17045, as most recently amended and restated by that certain ordinance adopted April 26, 2006 and published in the Journal ofthe Proceedings ofthe City Council ofthe City of Chicago for such date at pages 75201 - 75212, established the New Homes for Chicago Program ("New Homes Program") to assist with the construction and rehabilitation of new single-family housing and two-flat buildings which shall be affordable to many families; and WHEREAS, Pursuant to an ordinance adopted by the City Council of the City (the "City Council") on May 14, 2008 and published in the Journal foy such date at pages 27176 through 27229, the City Council has previously approved the participation of and the conveyance of certain City-owned parcels to Karry L, Young Development, L.L.C, an Illinois limited liability company (the "Developer") for construction of homes under the New Homes Program; and 67772 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 WHEREAS, Pursuant to such ordinances and the New Homes Program, the City and the Developer have entered into that certain "Redevelopment Agreement New Homes For Chicago Program Karry L. Young Development, L.L.C. - West Monroe", dated as of October 17, 2008 and recorded in the Recorder's Office of Cook County (the "Recorder's Office") on December 5, 2008 as document Number 0834045134 (the "Redevelopment Agreemenf); and WHEREAS, The Department of Community Development ("D.C.D.") and the Developer would like to further amend the Redevelopment Agreement to provide for the City to convey the additional seven (7) City-owned lots identified on Exhibit A to this ordinance (the "Additional Parcels") to the Developer to permit additional Single-Family Homes (the "Homes") to be constructed on the Additional Parcels in accordance with the New Homes Program and the pnor ordinances and Redevelopment Agreement, as further amended hereby; and WHEREAS, In connection with the Developer's construction of Homes on the Additional Parcels, D.C.D. also desires to provide certain subsidies and to waive certain fees and charges, as provided for under the Program Ordinance; now, therefore, Be It Ordained by the City Council of the City of Chicago: SECTION 1. The above findings and recitals are hereby incorporated by reference and constitute a matenal part of this ordinance. SECTION 2. The conveyance of the Additional Parcels to Developer is hereby approved, provided, however that in no instance shall any such parcels be conveyed after June 30, 2011. The construction of Homes on all such parcels shall be completed not later than October 30, 2011. Such conveyance and the development of Homes shall be subject to the terms and conditions set forth in the prior project ordinance recited above, the Program Ordinance, the Redevelopment Agreement, and the amendment described in Section 4 below. SECTION 3. With respect to the Single-Family Homes to be built on the Additional Parcels, the following subsidies shall be made available to eligible homebuyers or with respect to the project; Developer: Karry L. Young Development, L.L.C, an Illinois limited liability company. Aggregate Number of Single-Family Homes; Up to seventeen (17) Single-Family Homes. Location; East Garfield Park Community Area. Amount of Purchase Price Subsidy; Not to exceed Ten Thousand Dollars ($10,000) for each Single-Family. 7/29/2009 REPORTS OF COMMITTEES 67773 Amount of Additional Purchase Pnce Subsidy; Not to exceed Thirty Thousand Dollars ($30,000) for each Single-Family Home for eligible homebuyers up to sixty percent (60%) of the A.M.I, and not to exceed Twenty Thousand Dollars ($20,000) for each Single-Family Home for eligible homebuyers above sixty percent (60%) and up to eighty percent (80%) A.M.I., and not to exceed Five Hundred Ten Thousand Dollars ($510,000) in the aggregate. Amount of DDA Purchase Price Subsidy: Not to exceed Twenty Thousand Dollars ($20,000) for each Single-Family Home, and not to exceed Three Hundred Forty Thousand Dollars ($340,000) in the aggregate, if the City, in its sole discretion, determines such subsidy should be provided. Aggregate Purchase Pnce Subsidy, Additional Purchase Pnce Subsidy, and DDA Purchase Pnce Subsidy; Not to exceed One Million Twenty Thousand Dollars ($1,020,000). Penmeter Site Improvement Work; Not to exceed Five Thousand Dollars ($5,000) per City Lot, and not to exceed Eighty-five Thousand Dollars ($85,000) in the aggregate, in City general obligation bond proceeds or other legally available funds to complete certain perimeter site improvement work if the City determines that such Perimeter Site Improvement Work is necessary, and subject to the availability of such bond proceeds or other legally available funds. SECTION 4. The Commissioner, or a designee of the Commissioner, is authonzed to execute a First Amendment to Redevelopment Agreement in substantially the formi of Exhibit B to this ordinance (the "First Amendment"), and such other documents as may^be necessary to effectuate the transaction descnbed herein, subject to the approval of the Corporation Counsel. SECTION 5. The waiver of the City fees and charges listed on Exhibit C attached hereto with respect to the construction ofthe Homes on the Additional Parcels is hereby approved. SECTION 6. The Mayor or his proxy is authorized to execute, and the City Clerk or Deputy City Clerk is authorized to attest, quitclaim deeds conveying the Additional Parcels to the Developer from time to time, subject to the terms and conditions of the Project Ordinance, and the Redevelopment Agreement, as amended hereby. I 67774 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 SECTION 7. The Commissioner of D.C.D. shall have discretion to modify the terms of this ordinance, the Redevelopment Agreement and the generally applicable New Homes Program requirements in the event that the Commissioner and the Developer mutually agree that the homes constructed pursuant to the Developer's project should be conveyed to homebuyers pursuant to the City's city-wide community land trust initiative ("CL.T. Initiative"), as described in the program ordinance approved by the City Council on January 11, 2006, and published in the Journal ofthe Proceedings ofthe City Council ofthe City of Chicago for such date at pages 67997 through 68024. In adapting the terms of this ordinance and the generally applicable New Homes Program requirements for use in such CL.T. Initiative, the City may, with the Developer's mutual agreement; (a) in lieu of conveying the City Lots to the Developer in fee simple, convey such City Lots to the Chicago CL.T. (as defined in the CL.T. Program Ordinance), which shall then lease such City Lots to the Developer under a long-term lease in a form and substance acceptable to the CL.T., the City and the Developer, and cause the Developer, upon completion of construction of a home, to assign its interest under such lease and sell the completed home to the homebuyer; (b) as an alternative to (a), convey the City Lots to the Developer in fee simple, and then cause the Developer, upon completion of construction ofthe required home(s) and pnor to each such lot's conveyance, to record against such lot an affordable housing restrictive covenant and agreement in form and substance acceptable to the CL.T. and the City, imposing covenants running with the land that shall be binding upon the initial homebuyer and such homebuyer's successors and assigns; (c) eliminate or otherwise modify the New Homes Program recapture provisions if necessary to assure the long-term affordability of such homes, consistent with the CL.T. Program Ordinance objectives; and (d) make such other modifications as may be necessary or appropnate to further such CL.T. Program Ordinance objectives. SECTION 8. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any ofthe other provisions of this ordinance. The provisions of Municipal Code Chapter 2-44-090 shall not apply to the New Homes Program. 1 SECTION 9. All ordinances, resolutions, motions or orders inconsistent with this ordinance | are hereby repealed to the extent of such conflict. I SECTION 10. This ordinance shall take effect immediately upon its passage and approval. Exhibits "A" "B" and "C" referred to in this ordinance read as follows; Exhibit "A". (To Ordinance) Additional Parcels. (Subject to Final Title Commitment and Survey) Common Address Permanent Index Number Number Of Homes 318 South Christiana Avenue 16-14-219-012-0000 7 single-family homes 7/29/2009 REPORTS OF COMMITTEES 67775 Common Address Permanent Index Number Number Of Homes 319 South Homan Avenue 16-14-219-009-0000 1 single-family home 321 South Homan Avenue 16-14-219-010-0000 1 single-family home 327 South Homan Avenue 16-14-219-011-0000 2 single-family homes 339 South Homan Avenue 16-14-221-001-0000 4 single-family homes 3321 West Gladys Avenue 16-14-222-002-0000 1 single-family home 3313 West Gladys Avenue 16-14-222-005-0000 1 single-family home Exhibit "B". (To Ordinance) First Amendment To Redevelopment Agreement. This First.Amendment to Redevelopment Agreement ("First Amendment"), dated as of , 2009, is made by and between the City of Chicago, an Illinois municipal corporation, having its offices at City Hall, 121 North LaSalle Street, Chicago, Illinois 60602 ("City"), acting by and through its Department of Community Development ("D.C.D."), and Karry L. Young Development, L.L.C, an Illinois limited liability company, having its principal office at 6043 South Halsted Street, Chicago, Illinois 60621 ("Developer"). Capitalized terms not otherwise defined herein shall have the meanings given in the Original Redevelopnient Agreement (as defined below). [ Recitals. A. The City, as a home rule unit under the 1970 Constitution ofthe State of Illinois, has the authority to promote the health, safety and welfare of its inhabitants, to prevent the spread of blight and to encourage private development in order to enhance the local tax base and create employment, and to enter into contractual agreements with third parties for the purpose of achieving the aforesaid purposes. B. Pursuant to ordinance adopted by the City Council of the City (the "City Council") on May 14, 2008 and published in the Journal ofthe Proceedings ofthe City Council ofthe City of Chicago {"Journaf') for such date at pages 27176 - 27229, the City Council has previously approved the participation of and the conveyance of certain City-owned parcels to [the 67776 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Developer for construction of Single-Family Homes and Two-Flat Buildings ("Homes") under the New Homes Program. C Pursuant to such ordinances and the New Homes Program, the City and the Developeri have entered into that certain "Redevelopment Agreement New Homes For Chicago Program | Karry L. Young Construction, Inc. - West Monroe" dated as of October 17, 2008 and} recorded in the Recorder's Office of Cook County on December 5, 2008 as Document Number 0834045134 (the "Original Redevelopment Agreement"). 1 D. D.C.D. and the Developer desire that the City convey to the Developer the additional City-owned lots identified on (Sub)Exhibit A to this First Amendment (the "Additional! Parcels"); to permit additional homes to be constructed on the Additional Parcels; to permit the City to make available to eligible home buyers ofthe homes constructed on the Additional Parcels the Purchase Pnce Subsidy, Additional Purchase Pnce Subsidy and D.D.A. Purchase Pnce Subsidy (as defined in the Restated Program Ordinance) provided for under the Project Ordinance (as defined betow) and certain perimeter site improvement work subsidies; and to make certain other modifications to the Redevelopment Agreement. E. By ordinance adopted on , 2009 and published in the Journal for such date at pages (the "Project Ordinance"), the City Council has authorized the changes descnbed in this First Amendment. Now, Therefore, In consideration of the above recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows; Section 1. Incorporation Of Recitals. The recitals set forth above constitute an integral part of this First Amendment and are incorporated herein by this reference as if fully set forth herein. ' Section 2. Conflict In the event of a conflict between the terms of the Original Redevelopment Agreement and the terms of this First Amendment, the terms of this First Amendment shall govern and control. 7/29/2009 REPORTS OF COMMITTEES 67777 Section 3. Incorporation Of Representations And Warranties. The representations and warranties of the Developer in the Original Redevelopment Agreement, including, without limitation, in Section II thereof, are incorporated herein by reference as if fully set forth herein as the restated and continuing representations and warranties of the Developer. Section 4. Conveyance Of Additional Parcels. The conveyance of the Additional Parcels shall be governed by the provisions in Section III of the Original Redevelopment Agreement and such provisions are herein incorporated by reference as if fully set forth herein. In no instance shall any of the Additional Parcels be conveyed after June 30, 2011. The construction of all Homes on the Additional Parcels shall be completed not later than October 30, 2011. Both such outside dates are subject to extension for the occurrence of any Permitted Delay described in Section 6.2 of the Original Redevelopment Agreement. Section 5. Construction Of The Project. The construction of Homes on the Additional Parcels shall be governed by the provisions of Section IV of the Original Redevelopment Agreement, as amended hereby, and such provisions are herein incorporated by reference as if fully set forth herein, subject, however, to the modifications set forth herein. In lieu of the completion deadlines set forth in Section 4.1 and Section 4.7 ofthe Original Redevelopment Agreement, the Developer shall, subject to the occurrence of Permitted Delays descnbed in Section 6.2 of the Original Redevelopment Agreement, diligently complete the Project by the dates set forth in Section 4 of this First Amendment. The Commissioner of D.C.D. shall have discretion, but no obligation, to extend such dates by executing a written amendment to the Redevelopment Agreement extending such time penod by up to six (6) months in the aggregate for good cause shown. (Sub)Exhibit B to this First Amendment, which sets forth the revised construction schedule for the Project. ' 67778 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 In connection with the construction of Homes on the Additional Parcels, the City shall, pursuant to the additional funding authorized under the Project Ordinance, make available the Purchase Pnce Subsidy descnbed in Section 4.5(b)(2) of the Onginal Redevelopment Agreement, the Additional Purchase Price Subsidy described in Section 4.5(b)(3) of the Onginal Redevelopment Agreement, and the D.D.A. Purchase Pnce Subsidy described in Section 4.5(b)(4) ofthe Original Redevelopment Agreement. Section 6. Performance. The general performance provisions of Section VI of the Original Redevelopment! Agreement shall continue to apply to the construction of Homes on the Additional Parcels and; such provisions are herein incorporated by reference as if fully set forth herein. Section 7. Developer's Employment Obligations. The Developer's Performance Obligations under Section Vll ofthe Original Redevelopmentj Agreement shall continue to apply to the construction of Homes on the Additional Parcelsj such provisions are herein incorporated by reference as if fully set forth herein. Section 8. Miscellaneous Provisions. The Miscellaneous Provisions of Section VIII of the Original Redevelopment Agreement shall continue to apply to the construction of Homes on the Additional Parcels and such' provisions are herein incorporated by reference as if fully set forth herein, except that notices to the Corporation Counsel under Section 8.8 of the Redevelopment shall be sent to; City of Chicago Department of Law 121 North LaSalle Street, Room 600 Chicago, Illinois 60602 Attention; Real Estate and Land Use Division 7/29/2009 REPORTS OF COMMITTEES 67779 In Witness Whereof, The parties hereto have executed or caused this First Amendment to be executed as of the date first written above. City of Chicago, acting by and through its Department of Community Development By: Chnstine Raguso, Acting Commissioner Karry L. Young Development, L.L.C. an Illinois limited liability company By; State of Illinois ) )SS. County of Cook ) I, , a notary public in and for said County, in the State aforesaid, do hereby certify that Chnstine Raguso, personally known to me to be the Acting Commissioner of the Department of Community Development of the City of Chicago, a municipal corporation, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and being first duly sworn by me acknowledged that as such Commissioner, she signed and delivered |the said instrument, pursuant to authonty given by the City of Chicago, as her free and voluntary act and as the free and voluntary act and deed of said City, for the uses and purposes therein set forth. Given under my hand and notarial seal this day of , 2009. Notary Public [Seal] 67780 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 State of Illinois ) )SS. County of Cook ) I, , a notary public in and for said County, in the State aforesaid, do hereby certify that , personally known to me to be the| of Karry L. Young Development, L.L.C, an Illinois limited liability; company, and personally known to me to be the same person whose name is subscribed to, the foregoing instrument, appeared before me this day in person and being first duly sworn by me acknowledged that as such , he signed and delivered the said instrument, i pursuant to authonty given by the bylaws and board of such corporation, as his free andj voluntary act and as the free and voluntary act of said corporation, for the uses and purposes' therein set forth. [ Given under my hand and notanal seal this day of , 2009.' Notary Public [Seal] [(Sub)Exhibit "B" referred to in this First Amendment to Redevelopment Agreement with Karry L. Young Development, L.L.C. unavailable at time of pnnting.] i (Sub)Exhibit "A" referred to in this First Amendment to Redevelopment Agreement with' Karry L.Young Development, L.L.C. reads as follows; (Sub)Exhibit "A". (To First Amendment To Redevelopment Agreement With Karry L. Young Development, L.L.C.) Additional Parcels. [Additional Information To Come] Permanent Square Dollar Number Of Address Index Number Feet Value Homes 318 South Christiana Avenue 16-14-219-012 $ 7 7/29/2009 REPORTS OF COMMITTEES 67781 Permanent Square Dollar Number Of Address Index Number Feet Value Homes 319 South Homan Avenue 16-14-219-009 $ 1 321 South Homan Avenue 16-14-219-010 $ 1 327 South Homan Avenue 16-14-219-011 $ 2 \ 339 South Homan Avenue 16-14-221-001 $ 4 3321 West Gladys Avenue 16-14-222-002 $ 1 ; 3313 West Gladys Avenue 16-14-222-005 $ 1 ; Exhibit "C". (To Ordinance) Fee Waivers. (New Homes For Chicago And City Lots For City Living Programs) Department Of Buildings. Plan review, permit and field inspection fees are to be paid in full for the first unit of each unit type; the fees paid for each successive unit type would be reduced by fifty percent (50%). The fee reduction is not applicable to the electrical permit. Department Of Community Development. Trees and sod in parkways are provided on an as-needed basis in coordination with the Department of Transportation's reconstruction of sidewalks, curbs and gutters. ' Department Of Zoning and Land Use Planning. Open space Impact fees are not waived. For the New Homes for Chicago or City Lots for City Living Programs, an open space Impact fee of One Hundred Dollars ($100) per unit will 67782 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 be assessed to the developer to be paid to the City of Chicago as a condition of issuance of a building permit. Department Of Water Management. Connection fees are waived. Inspection fees are waived. Tap fees are waived. Demolition fees for existing water tap are waived. Water liens against City-owned lots only are waived. (B-boxes, meters and remote readouts are not waived and need to be purchased.) Department Of Streets And Sanitation. Street opening or patching fees, deposits or bonds are not waived at this time. Department Of Transportation. Curbs, gutters and sidewalks are provided on an as-needed basis. Street and alley repairs or repaying are not provided through the New Homes for Chicago or City Lots for City Living Programs. Department Of Zoning And Land Use Planning. Zoning approval is required as part ofthe building permit process and is covered under the building permit fee schedule described above. However, any private legal work, such as giving notice to nearby property owners if a zoning change is requested, is not waived. 7/29/2009 REPORTS OF COMMITTEES 67783 ACQUISITION OF PROPERTY AT 5918 N. LINCOLN AVE. FOR BENEFIT OF LINCOLN AVENUE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA. [02009-4227] The Committee on Housing and Real Estate submitted the following report: CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Housing and Real Estate, to which was referred an ordinance by the Department of Community Development authonzing the acquisition of property located at 5918 North Lincoln Avenue, having the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. This recommendation was concurred in by a vote of the members of the Committee present, with no dissenting votes. Respectfully submitted, (Signed) RAY SUAREZ, Chairman. On motion of Alderman Suarez, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harns, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Muiioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed; WHEREAS, The City of Chicago ("City") is a home rule unit of government by virtue of the provisions of the Constitution of the State of Illinois of 1970 and, as such, may exercise any power and perform any function pertaining to its government and affairs; and 67784 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 WHEREAS, Pursuant to an ordinance adopted by the City Council ("City Council") of the City of Chicago (the "City") on November 3, 1999 and published at pages 13229 - 13311 of the Journal of the Proceedings of the City Council of the City of Chicago (the "Journaf) of such date, a certain redevelopment plan and project (the "Plan") forthe Lincoln Avenue Tax Increment Financing Redevelopment Project Area (the "Area") was approved pursuant to the Illinois Tax Increment Allocation Redevelopment Act, as amended (currently codified at 65 ILCS 5/11-74.4-1, et seq.) (the "Act"); and WHEREAS, Pursuant to an ordinance adopted by the City Council on November 3, 1999 and published at pages 13312 - 13323 ofthe Journa/of such date, the Area was designated as a "conservation area" redevelopment project area pursuant to the Act; and WHEREAS, Pursuant to an ordinance adopted by the City Council on November 3, 1999 and published at pages 13322 and 13324 -13334 of the Journal of such date, tax increment allocation financing was adopted pursuant to the Act as a means of financing certain Area redevelopment project costs (as defined in the Act) incurred pursuant to the Plan; and WHEREAS, The Plan and the use of tax increment financing provide a mechanism to support new growth through leveraging private investment, and helping to finance land acquisition, demolition, remediation, site preparation and infrastructure for new development in the Area; and WHEREAS, The Department of Planning and Development ("D.P.D.") has determined that it is necessary to acquire the parcel of property located in the Area listed on Exhibit A to this ordinance (the "Acquisition Parcel"), in order to achieve the goals and objectives of the Plan, including, without limitation; strengthening the economic well-being of the Redevelopment Project Area by implementing open space revitalization projects; and providing public and pnvate streetscape improvements to promote open space development; and WHEREAS, By Resolution Number 09-CDC-22 adopted by the Community Development Commission of the City of Chicago ("Commission") on March 10, 2009, the Commission recommended the acquisition ofthe Acquisition Parcel; and WHEREAS, The City Council finds such acquisition to be for the same purposes as those set forth in Divisions 74.2, 74.3 and 74.4 ofthe Illinois Municipal Code; and WHEREAS, The City Council further finds that such acquisition and exercise of power of eminent domain shall be in furtherance of the Plan, which was first adopted in 1999 in accordance with the Act, as recited above, and was in existence prior to Apnl 15, 2006; and WHEREAS, The City Council further finds that pnor to April 15, 2006, the Plan included an estimated Four Million Five Hundred Thousand Dollars ($4,500,000) in property assembly costs as a budget line item in Table 1 to the Plan, and also described property assembly as a part of the redevelopment project for the Area, including in Section V.B (Redevelopment Project), and Section V.C.2 (Assemblage of Sites/Site Preparation), and Map 4 (Acquisition Map); and 7/29/2009 REPORTS OF COMMITTEES 67785 WHEREAS, The City Council further finds that the Acquisition Parcel was included in the Area pnor to April 15, 2006, that there has been no extension in the completion date ofthe Plan and that the Acquisition Parcel is not located in an industrial park conservation area; now, therefore, Se It Ordained by the City Council of the City of Chicago: SECTION 1. The foregoing recitals are hereby adopted as the findings of the City Council. SECTION 2. It is hereby determined and declared that it is useful, desirable and necessary for the City of Chicago to acquire the Acquisition Parcel for public ownership and use and for purposes of furthering the objectives ofthe Plan, and D.P.D. is hereby authorized to acquire and accept such Acquisition Parcel on the City's behalf SECTION 3. The Corporation Counsel is authorized to negotiate with the owner(s) for the purchase of the Acquisition Parcel. If the Corporation Counsel and the owner(s) are able to agree on the terms ofthe purchase, the Corporation Counsel is authorized to purchase the Acquisition Parcel on behalf of the City for the agreed pnce. If the Corporation Counsel is unable to agree with the owner(s) of the Acquisition Parcel on the terms of the purchase, or if the owner(s) is or are incapable of entehng into such a transaction with the City, or if the owner(s) cannot be located, then the Corporation Counsel is authorized to institute and prosecute condemnation proceedings on behalf of the City for the purpose of acquinng fee simple title to the Acquisition Parcel under the City's power of eminent domain. Such acquisition efforts shall commence with respect to the Acquisition Parcel within ten (10) years of the date of the publication of this ordinance as to the Acquisition Parcel, which is a vacant parcel. Commencement shall be deemed to have occurred within such penod upon the City's delivery of an offer letter to the owner(s) of the Acquisition Parcel. SECTION 4. The Commissioner of the Department of Planning and Development is authonzed to execute such further documents as may be necessary to implement the provisions of this ordinance, subject to the approval of the Corporation Counsel. SECTION 5. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any ofthe other provisions of this ordinance. SECTION 6. All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict. SECTION 7. This ordinance shall be effective upon its passage and approval. Exhibit "A" referred to in this ordinance reads as follows: 67786 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Exhibit "A". Acquisition Parcel. (Subject To Title Commitment And Survey) Address: 5918 North Lincoln Avenue. Tax Permanent Index Number; 13-01-311-049-0000. DEDICATION OF RIGHT-OF-WAY AND GRANT OF TEMPORARY EASEMENT OVER PROPERTY AT 9211 S. EWING AVE. IN CONJUNCTION WITH IMPROVEMENT AND RECONFIGURATION OF PORTION OF US ROUTE 41. [02009-4228] The Committee on Housing and Real Estate submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Housing and Real Estate, to which was referred an ordinance by the Department of General Services authorizing a conveyance of property located at 9211 South Ewing Avenue to Illinois Department of Transportation, having the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. This recommendation was concurred in by a vote of the members of the Committee present, with no dissenting votes. Respectfully submitted, (Signed) RAY SUAREZ, Chairman. 7/29/2009 REPORTS OF COMMITTEES 67787 On motion of Alderman Suarez, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Munoz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Launno, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed: WHEREAS, The City of Chicago ("City") is a home rule unit of government by virtue of the provisions ofthe Constitution ofthe State of Illinois of 1970 and, as such, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, The City of Chicago, acting through its Department of Transportation, in conjunction with the State of Illinois Department of Transportation ("I.D.O.T.") has commenced a roadway project involving the improvement and reconfiguration of a portion of US Route 41 (the "Project"); and WHEREAS, The Project requires a temporary easement ("Temporary Easement"), as legally descnbed on Exhibit A attached hereto, on a portion of the 7* and 10"" Ward Yard located at 9211 South Ewing Avenue (the "Property") for I.D.O.T.'s staging and construction ofthe US Route 41; and WHEREAS, The Project also requires I.D.O.T.'s acquisition of a dedicated easement ("Dedication of Right-of-Way"), as more fully described on Exhibit B attached hereto, as part ofthe final reconfiguration of US Route 41; and WHEREAS, I.D.O.T. commissioned an appraisal on the Property and determined that the fair market value ofthe Property is Two Hundred Thirty-five Thousand Two Hundred Dollars ($235,200); and WHEREAS, The City's Department of General Services commissioned an independent review of the I.D.O.T. appraisal and concluded that I.D.O.T.'s valuation was reasonable; and WHEREAS, The City shall receive Four Thousand Two Hundred Dollars ($4,200) from I.D.O.T. in exchange for the Temporary Easement to allow for the I.D.O.T. staging and construction of the US Route 41; and 67788 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 WHEREAS, On or before completion ofthe I.D.O.T. construction on the Property, the City will convey the subject Property to I.D.O.T. pursuant to the Dedication of Right-of-Way in exchange for Two Hundred Thirty-one Thousand Dollars ($231,000); and WHEREAS, In furtherance of the Project, the 7'^ and 10'^ Ward Yard has been relocated to 9160 South Harbor Drive; now, therefore. Be It Ordained by the City Council of the City of Chicago: SECTION 1. The City hereby approves the granting of the Temporary Easement over the Property legally described on Exhibit A to the State of Illinois in exchange for the payment of Four Thousand Two Hundred and no/100 Dollars ($4,200.00). SECTION 2. The City hereby further approves the Dedication of Right-of-Way on the Property, as legally described on Exhibit B, to the State of Illinois in exchange for the payment of Two Hundred Thirty-one Thousand and no/100 Dollars ($231,000.00). SECTION 3. The Mayor or his proxy is authorized to execute, and the City Clerk is authorized to attest, a Dedication of Right-of-Way and a Temporary Easement to the State of Illinois, subject to the approval ofthe Corporation Counsel. SECTION 4. The Commissioner of the Department of General Services or his designee is authorized, subject to the approval ofthe Corporation Counsel as to form and legality, to negotiate, execute and deliver any documents that may be necessary or appropnate to carry out and comply with the provisions of this ordinance. SECTION 5. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance. SECTION 6. This ordinance shall take effect upon its passage and approval. Exhibits "A" and "B" referred to in this ordinance read as follows: Exhibit "A". Legal Description Of The Temporary Easement. Route; US Route 41 Section; 99-B9313-01-PV County; Cook Job Number; R-88-003-04 7/29/2009 REPORTS OF COMMITTEES 67789 Parcel; OFV0032 DED Station; Sta.71 •^61.94 to Sta. 72+55.33 Owner; City of Chicago Index Number; 26-05-117-005 Parcel OFV0032. That part of Lot 4 (except that part dedicated for roadway purposes per Document Number 11640142) in Block 63 in South Chicago Subdivision, being a subdivision by the Calumet and Chicago Canal and Dock Company, recorded on March 6, 1874 as Document Number 145821, ofthe east half of the west half and parts of east fractional half of fractional Section 6, north of the Indian Boundary Line, and that part of fractional Section 6 south of the Indian Boundary Line, lying north of the Michigan Southern Railroad and fractional Section 5, north ofthe Indian Boundary Line, all in Township 37 North, Range 15 East ofthe Third Principal Meridian (except a strip 16.00 feet in width off the northwest side of Lot 4, conveyed for railroad right-of-way of South Chicago and Western Indiana Railroad Company), in Cook County, Illinois, described as follows; beginning at the point of intersection of the northeasterty line of said Lot 4 and a line 16.00 feet south of and parallel with the northwesterty line of said Lot 4; thence on an assumed beating of south 55 degrees, 01 minute, 16 seconds east along the northeasterly line of said Lot 4, a distance of 133.41 feet to a point; thence south 34 degrees, 58 minutes, 45 seconds west along the proposed right-of-way, a distance of 78.90 feet to a point; thence south 42 degrees, 44 minutes, 54 seconds east along the proposed right-of-way, a distance of 99.44 feet to the southwesterty line of said Lot 4; thence north 55 degrees, 04 minutes, 13 seconds west along the southwesterty line of said Lot 4, a distance of 190.04 feet to a point; thence north 46 degrees, 25 minutes, 32 seconds west, a distance of 19.96 feet to a point; thence north 30 degrees, 41 minutes, 13 seconds west, a distance of 35.88 feet to a line 16.00 feet south of and parallel with the northwesterty line of said Lot 4; thence north 43 degrees, 11 minutes, 40 seconds east along a line 16.00 feet south of and parallel with the northwesterty line of said Lot 4, a distance of 83.29 feet to the point of beginning. Said parcel containing 0.338 acre, more or less. Exhibit "B". Legal Description Of Property To Be Dedicated. Route; US Route 41 Section; 99-B9313-01-PV 67790 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 County: Cook Job Number: R-88-003-04 Parcel: OFV0032-TE Station; Sta.71 +89.24 to Sta. 72+55.33 Owner: City of Chicago Index Number; 26-05-117-005 Parcel OFV0032-TE. That part of Lot 4 (except that part dedicated for roadway purposes per Document Number 11640142) in Block 63 in South Chicago Subdivision, being a subdivision by the Calumet and Chicago Canal and Dock Company, recorded on March 6, 1874 as Document Number 145821, of the east half of the west half and parts of east fractional half of fractional Section 6, north of the Indian Boundary Line, andthat part of fractional Section 6 south ofthe Indian Boundary Line, lying north of the Michigan Southern Railroad and fractional Section 5, north ofthe Indian Boundary Line, all in Township 37 North, Range 15 East ofthe Third Pnncipal Meridian (except a stnp 16.00 feet in width off the northwest side of Lot 4, conveyed for railroad nght-of-way of South Chicago and Western Indiana Railroad Company), in Cook County, Illinois, descnbed as follows; beginning at the easterty corner of said Lot 4; thence on an assumed bearing of north 55 degrees, 01 minute, 16 seconds west along the northeasterty line of said Lot 4, a distance of 138.83 feet to the proposed right-of-way; thence south 34 degrees, 58 minutes, 45 seconds west along the proposed nght-of-way line, a distance of 78.90 feet to a point; thence south 42 degrees, 44 minutes, 54 seconds east along the proposed right-of-way, a distance of 99.44 feet to the southwesterty line of said Lot 4; thence south 55 degrees, 04 minutes, 13 seconds east along the southwesterty line of said Lot 4, a distance of 41.79 feet to the southerty corner of said Lot 4; thence north 34 degrees, 54 minutes, 29 seconds east along the southeasterty line of said Lot 4, a distance of 100.00 feet to the point of beginning. Said temporary easement containing 0.295 acre, more or less. LEASE OF CITY-OWNED PROPERTY AT 941 - 1201 W. 120^" ST. TO EXELON SOLAR CHICAGO, LLC. FOR CONSTRUCTION OF GROUND MOUNTED PHOTOVOLTAIC SOLAR ARRAY. [SO2009-4800] The Committee on Housing and Real Estate submitted the following report; 7/29/2009 REPORTS OF COMMITTEES 67791 CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Housing and Real Estate, to which was referred an ordinance by the Department of General Services authorizing the execution of a lease agreement with Exelon Solar Chicago, L.L.C, having the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed substitute ordinance transmitted herewith. This recommendation was concurred in by a vote of the members of the Committee present, with no dissenting votes. Respectfully submitted, (Signed) RAY SUAREZ, Chairman. On motion of Alderman Suarez, the said proposed substitute ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Launno, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 46. Nays — None. Alderman Burke invoked Rule 14 of the City Council's Rules of Order and Procedure, disclosing that he had represented parties to this ordinance in previous and unrelated matters. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed; WHEREAS, The City of Chicago ("City") is a home rule unit of government by virtue of the provisions ofthe Constitution ofthe State of Illinois of 1970 and, as such, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, The City has established the Community Development Commission ("C.D.C") to, among other things, designate redevelopment areas, approve redevelopment plans, and 67792 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 recommend the sale or lease of parcels located in redevelopment areas, subject to the approval of the City Council of the City ("City Council"); and WHEREAS, Pursuant to an ordinance adopted by the City Council on March 11,1998, and published at pages 63060 and 63064 through 63140 in the Journal ofthe Proceedings ofthe City Council of the City of Chicago CJournaf) of such date, the City Council approved a certain redevelopment plan and project (the "Redevelopment Plan") for the West Pullman Industnal Park Conservation Area (the "Redevelopment Area") pursuant to the Illinois Industnal Jobs Recovery Law, 65 ILCS 5/11-74.6-1, et seq. (1994), as amended (the "Act"); and WHEREAS, Pursuant to an ordinance adopted by the City Council on March 11,1998, and published at pages 63141 through 63147 in the Journal of such date, the City Council designated the Redevelopment Area as a redevelopment planning area and redevelopment project area pursuant to Section 5/11-74.6-15 of the Act; and WHEREAS, Pursuant to an ordinance adopted by the City Council on March 11,1998, and published at pages 63146 and 63148 through 63153 in the Journal of such date, the City Council adopted tax increment allocation financing pursuant to Section 5/11-74.6-35 of the Act as a means of financing certain redevelopment project costs (as defined in the Act) in the Redevelopment Area incurred pursuant to the Redevelopment Plan; and WHEREAS, The Redevelopment Area has suffered from deindustnalization and disinvestment over the past thirty (30) to forty (40) years, leaving a large inventory of vacant, underutilized and contaminated industrial sites; and WHEREAS, The City is the owner of approximately forty-one and eleven hundredths (41.11) acres of vacant and contaminated land at approximately 941 - 1201 West 120'^ Street, Chicago, Illinois, which is compnsed of the parcels listed on Exhibit A attached hereto, legally descnbed on Exhibit B attached hereto and shaded in gray on the Sidwell Maps attached hereto as Exhibit C (the "City Land"); and WHEREAS, The City Land is generally compnsed of two (2) large tracts of land on opposite sides of an unimproved segment of Racine Avenue, the easterly portion consisting of approximately twenty-one (21) acres and shaded on the figure attached hereto as Exhibit D ("Section 12") and the westerty portion consisting of approximately twenty (20) acres and shaded on Exhibit D ("Sections 10 & 11"); and WHEREAS, The western half of the unimproved segment of Racine Avenue has been vacated and is part of the City Land, and the eastern half (shown as shaded on Exhibit D) will become part of the City Land upon vacation; and WHEREAS, The City Land has been industrial since the late 1890s and was formerly occupied by the International Harvester West Pullman Works facility (Section 12), the 7/29/2009 REPORTS OF COMMITTEES 67793 Chicago Malleable Castings steel and iron works (Section 10), and International Harvester stock sheds and railroad sidings (Section 11); and WHEREAS, The environmental condition ofthe City Land limits redevelopment options; and WHEREAS, Exelon Solar Chicago, L.L.C, a Delaware limited liability company ("Exelon Solar"), has submitted a proposal to lease the City Land for a penod of twenty-five (25) years for a 10-megawatt ground-mounted photovoltaic solar array (the "Solar Project"); and WHEREAS, The Solar Project involves the installation of approximately thirty-two thousand eight hundred (32,800) photovoltaic panels or modules, and is expected to generate an estimated 14,000 megawatthours (MWh) of clean power annually, enough to power the equivalent of one thousand two hundred (1,200) to one thousand five hundred (1,500) typical Chicago homes; and WHEREAS, On September 18, 2008, the City published the Chicago Climate Action Plan, which establishes a goal of cutting city-wide greenhouse gas emissions by twenty-five percent (25%) below 1990 levels by 2020 and eighty percent (80%) by 2050; and WHEREAS, One of the principal strategies for achieving the emissions reduction goals of the 2008 climate plan is to procure local sources of clean energy for Chicagoans; and WHEREAS, The Solar Project meets this key strategic objective and will displace approximately fourteen thousand one hundred sixty-five (14,165) metnc tons of carbon dioxide emissions annually, the equivalent of removing more than two thousand five hundred (2,500) cars from U.S. roads; and WHEREAS, The Solar Project is also expected to displace approximately three hundred one (301) metnc tons of smog-producing nitrogen oxides and one thousand two hundred thirteen (1,213) metnc tons of acid rain producing sulfur dioxides over the life of the system; and WHEREAS, In addition to helping the City achieve its city-wide climate action goals, the Solar Project will return a large brownfield site to productive use; and WHEREAS, The Solar Project will be one of the largest urban solar power plants in the nation, and will help attract business and spur economic revitalization within the West Pullman community and surrounding area; and WHEREAS, The Solar Project will also serve as a demonstration site for Chicago residents and visitors, illustrating the feasibility of utility-scale solar power in urban settings and teaching school children and the public about solar technology and the importance of renewable energy to mitigating global warming; and 67794 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 WHEREAS, The Solar Project is consistent with the purposes and objectives of the Redevelopment Plan; and WHEREAS, The Developer has agreed to undertake the Project in accordance with the Redevelopment Plan and pursuant to the terms and conditions of a lease agreement in substantially the form attached hereto as Exhibit E (with such changes as the Authorized Persons, as defined below, determine are reasonable, the "Lease"); and WHEREAS, The City is the owner of the property located immediately adjacent to Section 12 (Permanent Index Number 25-29-203-002-0000), which is commonly known as the former Dutch Boy site and is outlined and shaded on the figure attached hereto as Exhibit D ("Section 13"); and WHEREAS, The City has agreed to place height restrtctions on Section 13, as further described in the Lease, in order to prevent future development from blocking exposure of the Project to sunlight; and WHEREAS, By resolution adopted on July 14,2009, the C.D.C. authorized the Department of Community Development ("D.C.D.") to advertise its intention to enter into a lease with the Developer for the redevelopment of the City Land, approved D.CD.'s request to advertise for alternative proposals, and approved the Lease of the City Land to the Developer if no alternative proposals were received; and WHEREAS, D.C.D. published notice of the Department's intent to enter into a lease of the City Land with the Developer, requested alternative proposals forthe redevelopment ofthe City Land and provided reasonable opportunity for other persons to submit alternative proposals; and WHEREAS, No other responsive proposals were received by the deadline indicated in the aforesaid notices; now, therefore, Be It Ordained by the City Council of the City of Chicago: SECTION 1. The foregoing recitals are hereby adopted as the findings of the City Council. SECTION 2. The Lease of the City Land to the Developer is hereby approved. This approval is expressly conditioned upon the City entering into the Lease with the Developer. The Commissioner or the Acting Commissioner of D.C.D. (the "D.C.D. Commissioner") or a designee of the D.C.D. Commissioner and the Commissioner or the Acting Commissioner of D.G.S. (the "D.G.S. Commissioner") or a designee ofthe D.G.S. Commissioner, acting jointly (collectively, the "Authorized Persons"), are hereby authonzed, with the approval ofthe City's Corporation Counsel, to negotiate, execute and deliver the Lease, and such other supporting documents as may be necessary or appropnate to carry out and comply with the provisions of the Lease, with such changes, deletions and insertions as shall be approved by the Authorized Persons. 7/29/2009 REPORTS OF COMMITTEES 67795 SECTION 3. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance. SECTION 4. All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict. SECTION 5. This ordinance shall take effect immediately upon its passage and approval. [Exhibit "C" referred to in this ordinance printed on pages 67800 through 67802 of this Journal.] [Exhibit "D" referred to in this ordinance unavailable at time of printing.] Exhibits "A", "B" and "E" referred to in this ordinance read as follows: Exhibit "A". (To Ordinance) .-/ List Of Parcels Comprising The City Land. Permanent Permanent Index Index Numbers Site Address Numbers (Former) (Current) Sections 10 and 11 1201 West 120'' 25-29-101-006 25-29-101-006 (Approximately 20 Acres) Street 25-29-101-007 25-29-101-007 25-29-101-008 25-29-101-008 25-29-101-009 25-29-101-009 25-29-101-010 25-29-101-010 25-29-101-015 25-29-101-020 25-29-101-016 25-29-101-023 25-29-101-017 25-29-101-024 25-29-101-018 25-29-101-019 25-29-101-020 67796 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Permanent Permanent Index Index Numbers Site Address Numbers (Former) (Current) Section 12 941 West 120'^^ 25-29-203-001 25-29-203-001 (Approximately 21 Acres) Street Exhibit "B". (To Ordinance) Legal Description Of City Land. (Subject To Final Survey And Title Commitment) EDA-4 That part of the east half of the northwest quarter of Section 29, Township 37 North, Range 14 East of the Third Principal Mendian, in Cook County, Illinois, lying south of the south line of 120'" Street, and which lies north and west of the nght-of-way of the Chicago, West Pullman and Southern Railroad and Chicago, Rock Island and Pacific Railroad (except from said premises that portion which lies within the east 632.50 feet of the east half of the northwest quarter of Section 29 aforesaid) (except the west 33 feet) in Cook County, Illinois. EDA-5 All ofthe following described tracts, lots, pieces or parcels of land situated in the north half of Section 29, Township 37 North, Range 14 East of the Third Pnncipal Mendian, being in the City of Chicago, known and descnbed as follows; a stnp of land situated in the east half of the northwest quarter of Section 29, Township 37 North, Range 14 East of the Third Pnncipal Meridian which is 26 feet in width being 7 feet in width southerty and easterly of and 19 feet in width northerty and westerty of the following described line to wit; commencing at a point on the centerline of Loomis Street and 7 feet northerty of the north right-of-way line of Blue Island Railroad Company (now called Illinois Central Railroad) measured at nght angles to said right-of-way line; thence easterty parallel to 7/29/2009 REPORTS OF COMMITTEES 67797 and 7 feet northerty of said north right-of-way line and curving to the nght with a radius of 1,488 feet, a distance of 773.15 feet (measured along 100 foot chord) to a point in the east line of Throop Street (Vacated) 7.05 feet due north of a point on the north line ofthe Blue Island Railroad Company's nght-of-way said point marked by steel pin and 632.5 feet west of the east line of the northwest quarter of said Section 29; thence continuing on same curve a distance of 63.4 feet to a point 570 feet due west of the east line of said northwest quarter; thence northeasterty on a tangent to said curve 101.8 feet; thence curving to the north with a radius of 356.3 feet a distance of 522.94 feet to a point 159.5 feet west of the east line of the above descnbed quarter; thence north parallel with said east line of said quarter 206.37 feet to the south line of 120* Street except that part thereof conveyed by Chicago West Pullman & Southern Railroad Company to Chicago Malleable Castings Company by Warranty Deed recorded September 5, 1918 as Document 6386305. Also, A stnp of land 14 feet in width, situated in the east half of the northwest quarter of Section 29, Township 37 North, Range 14 East of the Third Pnncipal Meridian, the centertine of which is descnbed as follows to wit; commencing at a point on the centertine of Loomis Street and 7 feet northerty of north nght-of-way line the Blue Island Railroad Company (now called Illinois Central Railroad) measured at right angles to said nght-of-way line; thence easterty parallel to and 7 feet northerly of said north nght-of-way line and curving to the Also, That part of the southeast quarter of the northeast quarter of the northwest quarter of Section 29, Township 37 North Range 14 East ofthe Third Pnncipal Mendian lying northerty of the north nght-of-way line of Blue Island Railroad Company, south of the south line of Lot 3 in the subdivision of the west 599.5 feet of the east 632 feet of the southeast quarter of the northeast quarter of the northwest quarter of said Section 29, recorded March 27, 1902 as Document 8222761 in Book 83 of Plats, page 10, and lying southeasterly of the southeasterly nght-of-way line of the Chicago West Pullman and Southern Railroad Company also the east 33 feet of the southeast quarter of the northeast quarter of the northwest quarter of Section 29, Township 37 North, Range 14 East of the Third Principal Mendian, lying between the Hammond and Blue Island Railroad right-of-way and 120"^ Street except the north 250 feet thereof and the nght-of-way ofthe Chicago, West Pullman and Southern Railroad Company. Also, Lot 1 and Lot 3 except the north 250 feet of the east 105.7 feet of Lot 1 of the subdivision of the west 599.5 feet of the east 632.5 feet of the southeast quarter of the northeast quarter of the northwest quarter of Section 29, Township 37 North, Range 14 East of the Third Principal Meridian. Also, The south 250 feet ofthe north 283 feet of the west 105.7 feet ofthe east 138.7 feet of the southeast quarter of the northeast quarter of the northwest quarter of Section 29, Township 37 North, Range 14 East ofthe Third Principal Meridian, in Cook County, Illinois. Also, The south 250 feet of the north 283 feet of the east 138.7 feet (except the west 105.7 feet) of the southeast quarter of the northeast quarter of the northwest quarter of Section 29, Township 37 North, Range 14 East ofthe Third Pnncipal Mendian, in Cook County, Illinois. 7/29/2009 REPORTS OF COMMITTEES 67799 EDA-6 beginning at a point 697-48/100 feet south and 33 feet east ofthe north quarter corner of Section 29, Township 37 North, Range 14 East of the Third Pnncipal Mendian; thence east a distance of 1555-45/100 feet; thence south a distance of 580-62/100 feet to the north line of the nght-of-way of the Illinois Central Railroad; thence west along said north line of said nght-of-way a distance of 1555-49/100 feet to the east line of Center Avenue; thence north parallel with and along the east line of said Center Avenue, a distance of 581-48/100 feet to the place of beginning; being all of former Blocks 5 and 6 and the west 224-35/100 feet of Block 7, and all of former Aberdeen Street lying between said Blocks 5 and 6, and all of former Morgan Street lying between said Blocks 6 and 7 in the First Addition to West Pullman in the northeast quarter of Section 29, Township 37 North, Range 14 East of the Third Pnncipal Mendian, as shown on the plat of that subdivision recorded in the Recorder's Office of Cook County. Also, Upon Vacation The west 33.00 feet of the west half of the northeast quarter of Section 29, Township 37 North, Range 14 East ofthe Third Pnncipal Mendian, lying south ofthe south nght-of-way line of 120"" Street and north of the north nght-of-way line of the Illinois Central Railroad, known as the east half of Racine Avenue, formerty known as Center Avenue, in Cook County, Illinois. Commonly Known As; 941 - 1201 West 120"^ Street Chicago, Illinois. Permanent Index Numbers; 25-29-101-006-0000 through 25-29-101-010-0000; 25-29-101-020-0000; 25-29-101-023-0000; 25-29-101-024-0000; and 25-29-203-001-0000. 67800 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Exhibit "C". (To Ordinance) Depiction Of City Land. (Page 1 of 3) Vz N.W'A Sec.29-37-14 -I4-29D CALUMET TWP. -/«M (lOI ) ICJ^'"-. J/.-'T -*»•« a.'It J2 *'^ JJ-/* i«-«J» M-MT SO-*** inns ^ >- X7-"' /*-—* .U-»u •> »7—' . IS-*** f Z3"r • ;i-^ i_^- J^.'i* /«? V4^ ; i3 **' 20 -^: B Z2 *i —nttfr frt .^M•tf^.Yf I •"*• p -*F- 7/29/2009 REPORTS OF COMMITTEES 67801 Exhibit "C". (To Ordinance) Depiction Of City Land. (Page 2 of 3) 37-i•^ -2SA W'/2 N.E.'A Sec.Z9-37-14 25-2-^ CALUMET TWP 67802 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Exhibit "C". (To Ordinance) Depiction Of City Land. (Page 3 of 3) E '/2 N.E.'A Sec.29-37-14 3 7 -14 -29 2S-? CALUMET TWP. /^f/i , #f - (^/i'^j^i^] 7/29/2009 REPORTS OF COMMITTEES 67803 THIS GROUND LEASE ("Lease") is made and entered into this day of , 2009, by and between the CITY OF CHICAGO, an Illinois municipal corporation (the "City"), acting by and through its Department of Community Development (together with any successor department thereto, "DCD"), having its pnncipal offices at City Hall, 121 North LaSalle Street, Chicago, Illinois 60602, and its Department of General Services (together with any successor department thereto, "DGS"), having its pnncipal offices at 30 North LaSalle Street, Suite 3700, Chicago, Illinois 60602, and EXELON SOLAR CHICAGO LLC, a Delaware limited liability company ("Tenant"), having its pnncipal offices at 4300 Winfield Road, Warrenville, Illinois 60555. RECITALS WHEREAS, the City owns certain real property located on the southeast corner of 120"" Street and Loomis Street at approximately 941-1201 West 120"" Street, Chicago, Illinois, which is legally descnbed on Exhibit A attached hereto (together with any improvements thereon, the "Property"); and WHEREAS, the Property consists of approximately 41.11 acres of vacant land and is divided roughly in half by an unimproved segment of Racine Avenue; and WHEREAS, the eastern half of the Property consists of approximately 21 acres and is outlined in red on the figure attached hereto as Exhibit B ("Section 12"), and the western half consists of approximately 20 acres and is outlined in blue on Exhibit B ("Sections 10 & 11"); and WHEREAS, the western 33 feet of Racine Avenue running through the Property have been vacated and are now part of Sections 10 & 11; and WHEREAS, Tenant has filed an application on behalf of the City to vacate the eastern 33 feet of Racine Avenue (the "Racine Stnp") and, upon such vacation, this strip of land will become part of Section 12 pursuant to statute; and WHEREAS, the City has agreed to lease to Tenant, and Tenant has agreed to lease from the City, the Property for the design, construction, installation, operation, maintenance, repair, replacement and removal of a 10-megawatt solar electric generating facility (the "Project") and for no other purpose; and WHEREAS, the Property is located in the West Pullman Industrial Redevelopment Project Area (the "Redevelopment Area"); and WHEREAS, the Project is consistent with the redevelopment plan for the Redevelopment Area ("Redevelopment Plan"); and WHEREAS, the City has agreed to lease the Property to Tenant in consideration of Tenant's obligation to construct the Project in accordance with the terms and conditions of this Lease; and WHEREAS, the City Council of the City ("City Council"), pursuant to an ordinance adopted on , 2009, and published at pages through in the 67804 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Journal of Proceedings of the City Council of such date, authorized the execution of this Lease; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows; SECTION 1. INCORPORATION OF RECITALS. The foregoing recitals constitute an integral part of this Lease and are incorporated herein by this reference with the same force and effect as if set forth herein as agreements of the parties. SECTION 2. DEFINITIONS. In addition to the terms defined in the foregoing Recitals and elsewhere in this Lease, the following terms shall have the following meanings; "Additional Rent" means all sums or payments, of any nature whatsoever, due from Tenant to the City under the terms of this Lease, other than the fixed annual Rent. "Alteration(s)" has the meaning set forth in Section 9.1. "Asbestos Management Plan" means a plan for the on-site management of asbestos- contaminated soil on Sections 10 & 11 based on a passive industrial use with minimum human exposure, as such plan may be amended or supplemented from time to time. "Asbestos Mitigation Activities" means the on-site management of asbestos- contaminated soil on Sections 10 & 11 in accordance with the Asbestos Management Plan. "Assignment or Sublease" has the meaning set forth in Section 12. "Bankruptcy Code" has the meaning set forth in Section 13.6(h). "City" means the City of Chicago, an Illinois municipal corporation. "City Council" has the meaning set forth in the Recitals. "City Parties" means the City, and its officers, agents, agencies, departments, employees, representatives, consultants, engineers, contractors, subcontractors, materialmen, licensees, guests, and others who may have been or may be on the Property at the invitation of any one of them. The term "City Parties" does not include Navistar or its Remediation Contractors as that term is defined in Section 10.3. "Commencement Date" means the date upon which this Lease has been both (a) fully executed, and (b) delivered to Tenant. "Commissioner" means the Commissioner or the Acting Commissioner of DCD. "Comprehensive NFR Letter" means a final comprehensive NFR Letter from the lEPA for Section 12 (excluding the Racine Strip) indicating that Navistar has successfully completed fhp Rfimfidial Action, as amended or supplemented from time to time. "Construction Completion Date" has the meaning set forth in Section 10.5(b). 7/29/2009 REPORTS OF COMMITTEES 67805 "Cost Sharing Agreement" means that certain Cost Sharing Agreement between the City and Navistar dated June 9, 1999. "DCD" means the City's Department of Community Development and any successor department thereto. "DGS" means the City's Department of General Services and any successor department thereto. "DOE" means the City's Department of Environment and any successor department thereto. "Due Diligence Period" has the meaning set forth in Section 5. "Environmental Cap" has the meaning set forth in Section 10.6. "Environmental Costs" means any response costs, natural resource damages, injuries to person or property, cost recovery or contribution claims, toxic tort claims, and the costs of any investigation, cleanup, monitoring, remedial, removal, containment or restoration work associated with the Property or any improvements, facilities or operations located or formerty located thereon. "Environmental Laws" means any and all Laws relating to the regulation and protection of human health, safety, the environment and natural resources now or hereafter in effect, as amended or supplemented, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C §6901 et seq., the Hazardous Substances Transportation Act, 49 U.S.C. § 5101 etseq., the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., the Clean Air Act, 42 U.S.C. § 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. §2601 e^ seq., the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C § 136 et seq., the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq., any and all regulations promulgated thereunder, and all analogous state and local counterparts or equivalents, including, without limitation, the Illinois Environmental Protection Act, 415 ILCS 5/1 et seq., and any theory of common law tort or toxic tort, including negligence, trespass, nuisance, strict liability or ultrahazardous activity. "Event of Default" has the meaning set forth in Section 18.1. "Exacerbation" means any actions by or on behalf of Tenant Parties which causes a Release (as such term is defined in CERCLA) of any Pre-existing Environmental Conditions, including, but not limited to, the disturbance, movement, reconfiguration, excavation, handling, transportation or disposal of any Hazardous Substances at or from the Property. "Expiration Date" has the meaning set forth In Section 4. "Foreclosure" means any transfer of Tenant's Interest in this Lease and the Property by means of a judicial foreclosure, power of sale or deed in lieu of foreclosure. "Government Approvals" has the meaning set forth in Section 5. 67806 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 "Hazardous Substance(s)" means any substance or material, in any form, which at any time is defined, determined or identified as hazardous or toxic in or regulated as such under any Environmental Law or which has been or shall be determined at any time by any governmental agency or court to be a hazardous or toxic substance regulated under any Environmental Law, including, without limitation, polychlorinated biphenyls (PCBs), crude oil, any fraction thereof, or refined petroleum products such as oil, gasoline, or other petroleum-based fuels, lead paint, asbestos or asbestos-containing materials, urea formaldehyde, radioactive materials, radon and mold. "Height Restrictions" means (a) a maximum height of 10 feet at a distance of less than 30 feet from the property line, (b) a maximum height of 25 feet from 30 feet to less than 50 feet from the property line, and (c) a maximum height of 35 feet at a distance of 50 feet or more from the property line. "IEPA" means the Illinois Environmental Protection Agency and any successor department thereto. "Improvements" means the PV Array and all other improvements, fixtures, landscaping, utility lines, roads, driveways, parking areas and all other items of personal property of any kind that may hereafter be constructed, installed or placed upon the Property by Tenant or anyone acting by, through or under Tenant, including any replacements, additions, changes or alterations made thereto in accordance with the terms and conditions of this Lease, all of which, other than Tenant's Property, shall become the property of the City upon the expiration or eartier termination of this Lease, unless otherwise stated herein. "Laws" means all applicable federal, state, local or other laws (including common law), statutes, codes, ordinances, rules, regulations or other requirements, now or hereafter in effect, as amended or supplemented from time to time, and any applicable judicial or administrative interpretation thereof, including any applicable judicial or administrative orders, consent decrees or judgments. "Lease" means this Ground Lease. "Lease Term" has the meaning set forth in Section 4. "Leasehold Mortgage" means any leasehold mortgage, leasehold deed to secure debt, leasehold deed of trust or other security instrument of like nature on Tenant's leasehold interest under this Lease in favor of one or more lenders as security for the payment of indebtedness and/or for the performance of any obligation for which Tenant has liability (or the refinancing of such indebtedness or obligation). "Leasehold Mortgagee" means the holder of any Leasehold Mortgage, including any assignee of a Leasehold Mortgage. "Losses" means any and all debts, liens, claims, causes of action, demands, complaints, legal or administrative proceedings, losses, damages, obligations, liabilities, judgments, amounts paid in settlement, arbitration or mediation awards, interest, fines, penalties, costs and «aYppn.c!P.«? (inrludino. without limitation, reasonable attomeys' fees and expenses, consultants' and experts' fees and expenses and court costs). ^ "Municipal Code" means the Municipal Code of the City of Chicago, as amended. 7/29/2009 REPORTS OF COMMITTEES 67807 "Navistar" means Navistar International Transportation Corporation. "New Lease" has the meaning set forth in Section 13.6(f). "NFR Letter" means a "No Further Remediation" letter issued by the lEPA pursuant to the SRP and, with respect to any USTs subject to Title 16 of the Illinois Environmental Protection Act, a "No Further Remediation" letter with respect to such USTs pursuant to Title 16, whichever is applicable, as amended or supplemented from time to time. "Pre-existing Environmental Conditions" means the presence of any Hazardous Substances at, on, under or about the Property as of the Commencement Date. "Project" has the meaning set forth in the Recitals. "Property" has the meaning set forth in the Recitals. "PV Array" means an array of solar photovoltaic power systems with the specifications attached hereto as Exhibit C, including, without limitation, solar panels, mounting substrates or supports, wiring and connections, power inverters, service equipment, metering equipment, utility interconnections and any and all related equipment. "Racine Strip" has the meaning set forth in the Recitals. "RAP" means the Remedial Action Plan, Former West Pullman Works, Chicago, Illinois, prepared by ARCADIS for Navistar, Ref No. CI000989.0009, dated , as such plan may be amended, supplemented and approved as final by the lEPA. "Redevelopment Area" has the meaning set forth in the Recitals. "Redevelopment Plan" has the meaning set forth in the Recitals. "Remedial Action" means any and all investigation, remediation, response, removal, monitoring and other activities necessary at or in the vicinity of Section 12 (excluding the Racine Strip) in order to obtain a Comprehensive NFR Letter from the lEPA in accordance with the Comprehensive Site Investigation Report approved by the I EPA on November 23, 2005, (b) the Remediation Objectives Report approved by the lEPA on July 19, 2006, and (c) the RAP. "Remediation Contractors" has the meaning set forth in Section 10.3. "Remediation Documents" means the documents listed in Exhibit D attached hereto as each may be amended and supplemented from time to time, together with all documents referenced therein. "Rent" has the meaning set forth in Section 8.1. "Section 12" has the meaning set forth in the Recitals. "Sections 10 & 11" has the meaning set forth in the Recitals. 67808 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 "Soil-disturbing Activities" means excavation, grading, tilling, or any other mechanical activity used to disturb the soil. "Soil Management Plan" means that plan submitted by Tenant to the City that identifies the actions Tenant intends to take with respect to the management and disposal of waste soils generated during construction activities or other Soil-disturbing Activities. "Special Waste" means all materials that require management as a special waste, as defined in the Illinois Environmental Protection Act, 415 ILCS 5/1 et. seq. "SRP" means the lEPA's Site Remediation Program as set forth in Title XVll of the Illinois Environmental Protection Act, 415 ILCS 5/58 et seq., and the regulations promulgated thereunder. "Sunpower" means Sunpower Corporation Systems, a Delaware corporation, d/b/a Sunpower Energy Corporation. "Taxes" means all ad valorem taxes, assessments and other governmental charges, general and special, ordinary and extraordinary, of any kind or nature whatsoever, including but not limited to assessments for public improvements or benefits. "Tenant" means Exelon Solar Chicago LLC, a Delaware limited liability company. 'Tenant Parties" means Tenant, its directors, officers, employees, agents, representatives, consultants, engineers, contractors, subcontractors, materialmen, licensees, guests, and others who may have been or may be on the Property at the invitation of any one of them. The term "Tenant Parties" does not include the Remediation Contractors as that term is defined in Section 10.3. ! "Tenant's Property" means all of Tenant's furniture, trade fixtures, moveable equipment, inventory, merchandise, goods, chattels, signage, appliances and other personal property. "Third Party Purchaser" has the meaning set forth in Section 13.5. "Title Company" means Chicago Title Insurance Company. "UST(s)" means underground storage tank(s) whether or not subject to Title 16 of the Illinois Environmental Protection Act, including without limitation (a) any underground storage tank as defined in 415 ILCS 5/57.2, (b) any farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes, (c) any tank used for storing heating oil for consumption on the Property where stored, (d) any septic tank, (e) any tank that is excluded from the definition in 415 ILCS 5/57.2 based upon the existence of any Hazardous Substance therein, and (f) any pipes connected to items (a) through (e) above. "Working Plans and Specifications" means final construction documents for the Project, including (a) a final dimensioned site plan illustrating setbacks, location of the proposed building, pari SECTION 3. GRANT. The City hereby leases to Tenant, and Tenant hereby leases from the City, the Property for the Lease Term (as defined in Section 4 hereof), upon the conditions hereinafter provided. This Lease is subject to all easements, encroachments, covenants and restrictions of record and not shown of record and such other title defects as may exist on the Commencement Date. The parties acknowledge and agree that the City Council must adopt an ordinance vacating the Racine Strip before it will become a part of the Property. Upon Tenant's request and at Tenant's expense, the City agrees to cooperate with Tenant to vacate the Racine Strip. The City further agrees, upon or before execution and delivery of this Lease to Tenant, to execute and deliver to the Title Company (a) an ALTA Statement, and (b) a certified copy of the City ordinance authorizing the Lease. SECTION 4. TERM. The term of this Lease ("Lease Term") shall commence on the Commencement Date, and shall end on December 31, 2034 (the "Expiration Date"), unless sooner terminated in accordance with the provisions of this Lease. SECTIONS. DUE DILIGENCE. Tenant shall have one hundred eighty (180) days from the Commencement Date (such period, as it may be extended as provided herein, the "Due Diligence Period") to complete all due diligence relating to the Property and the Project, including but not limited to (a) obtaining a federal loan guarantee from the United States Department of Energy, or a loan from the Federal Financing Bank, and such other financing as Tenant deems necessary, all in such amounts and on such terms that are satisfactory to Tenant, (b) obtaining DOE's approval of the Soil Management Plan, (c) obtaining a title commitment and survey of the Property which are suitable in form and substance to Tenant, (d) determining the economic feasibility of the Project, (e) obtaining any and all governmental licenses, permits, approvals or other relief required or reasonably deemed necessary or appropriate by Tenant for construction, operation and maintenance of the Project ("Government Approvals"), (f) the issuance of a Comprehensive NFR Letter for Section 12 and completion of the Asbestos Mitigation Activities on Sections 10 & 11, (g) obtaining approval from the Board of Directors of Exelon Corporation, Tenant's parent, of the Project, (h) entering into an Engineering, Procurement and Construction Agreement and Operation & Maintenance Agreement with Sunpower, on such terms and conditions that are satisfactory to Tenant, (i) obtaining assurance satisfactory in Tenant's sole judgment of height restrictions for improvements on property near the Property, (j) the formal vacation of the Racine Strip, and (k) obtaining a sales tax exemption from the Illinois Department of Revenue in form and content acceptable to Tenant. The cost for all due diligence shall be borne solely by Tenant If the due diligence is not completed before the expiration of the Due Diligence Period, Tenant shall have the nght to extend the Due Diligence Period for an additional ninety (90) days. The City shall reasonably cooperate with Tenant and, upon Tenant's request and at Tenant's expense, join in any applications for Governmental Approvals necessary to construct the Project, If consent of the property owner is required. If, in Tenant's sole and absolute judgment, any of the due diligence items are not, or will not be, satisfied within the Due Diligence Period, Tenant shall have the right, without obligation, as Tenant's sole and exclusive remedy, to terminate this Lease at any time prior to ten (10) business days after the expiration of the Due Diligence Period. If Tenant elects to terminate this Lease as provided in this paragraph, this Lease shall cease and terminate except for those provicionc «/hirh. hy thpir fprms. survive the termination or expiration of this Lease. If Tenant fails to give such notice of termination, the foregoing option to terminate this Lease shall be deemed waived and this Lease shall remain in effect. 67810 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 SECTION 6. INSPECTION AND ACCEPTANCE OF RISK. Tenant acknowledges that it is fully familiar with the condition of the Property and has, prior to the Commencement Date, made such inspections as it desires of the Property and all factors relevant to its use. Tenant accepts the risk that any inspection may not disclose all material matters affecting the Property. Subject to the City's obligations under Section 10 of this Lease, the City's representation and warranty contained in Section 30.20 of this Lease and the recording with the Cook County Recorder of Deeds of a mutually acceptable document imposing Height Restrictions on the former Dutch Boy site identified as parcel 13 in the figure attached hereto as Exhibit B and legally described in Exhibit E, Tenant agrees to accept the Property in its "as is," "where is" and "with all faults" condition on the Commencement Date without any covenant, representation or warranty, express or implied, of any kind, as to any matters concerning the Property, including, without limitation; (a) the structural, physical or environmental condition of the Property; (b) the suitability of the Property for any purpose whatsoever; (c) the state of repair of the Property or the condition of soil, geology, groundwater, structures or any other physical characteristic ofthe Property; (d) the exposure of the Property to sunlight, subject to the Height Restrictions, or the ability of the Property to support the weight of the PV Array; (e) compliance of the Property with any applicable Laws, including, without limitation, zoning and building codes and Environmental Laws; or (f) the presence or removal of Hazardous Substances or environmental conditions in, on, under or about the Property. Tenant acknowledges that it is relying solely upon its own inspection and due diligence activities and not upon any information (including, without limitation, environmental studies or reports of any kind) provided by or on behalf ofthe City or its agents or employees with respect thereto. Subject to the City's obligations under Section 10 of this Lease, Tenant agrees that it is Tenant's sole responsibility and obligation to perform any remedial activities and take such other action as is necessary to put the Property in a condition suitable for its intended use. Tenant's taking possession of the Property shall be conclusive evidence that the Property was suitable for Tenant's intended purposes as of the date thereof SECTION 7. USE OF PROPERTY. 7.1 Permitted Use. Tenant may use the Property for the Project and for no other purpose. The abandonment of the Project or discontinued use of the PV Array for any period of twelve (12) or more consecutive months shall be deemed to be and constitute a default by Tenant, and the City shall have the right to terminate the Lease for such default under Section 18. 7.2 Prohibited Uses. Tenant shall not use the Property in any manner that would (a) violate any Laws that may be applicable to the Property or to the use of the Property, (b) constitute a public or private nuisance, (c) materially damage or waste the Property, (d) give rise to a claim of adverse possession or usage by any third party, (e) discriminate on the basis of race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, or source of income; (f) damage the reputation of, or otherwise be injurious to, the Property or neighborhood, or increase the rate of insurance on the Property; or (g) cause a fire hazard or safety hazard. Tenant further covenants that the Property shall not be used for any religious purposes, and that no alcoholic beverages of any kind or nature shall be sold, given away or consumed on the Property. SPr.TIOM « RPMT TAyPS. AMO IITII ITIPS 8.1 Rent. Tenant shall pay annual rent for the Property ("Rent") in the amounts set forth in the table below. Except for deductions permitted under Section 10.8 below, the Rent is 7/29/2009 REPORTS OF COMMITTEES 67811 due, without notice, demand or setoff, on or before January 1 of each calendar year, and is payable to the City at the address specified in Section 30.1 below or such other place as the City may from time to time designate in writing to Tenant, provided that Tenant shall pay the Rent for the commencement year at the time Rent for 2011 is due. Rent shall be prorated for partial years within the Lease Term. Rent shall be payable during the Lease Term as follows; Effective As Of; % Increase $ Increase Rent; Commencement Date N/A N/A $110,000 January 1, 2020 2% $2,200 $112,200 January 1, 2028 2% $2,244 $114,444 8.2 Utilities. Tenant shall pay when due all charges of every nature, kind or description for utilities furnished to the Property or chargeable against the Property during the Lease Term, including all charges for gas, electricity, light, heat, water, sewage, power, telephone or any other communication service, garbage or other public or private utility services, and shall contract for the same in its own name. The City shall not be liable for any interruption or failure in the supply or character of any such utility services. The provisions of this Section 8.2 shall survive the expiration or eartier termination of this Lease. 8.3 Taxes. Tenant shall pay when due any Taxes assessed, levied or imposed upon Tenant, the Property or the Project for any period of time that falls within the Lease Term, provided that Taxes "for" any particular period shall mean Taxes that accrue with respect to such period, regardless of the fact that such Taxes may be. due and payable within a different period. Tenant shall contact the appropriate taxing body to ascertain the tax amount assessed on the Property. Tenant shall provide the City with proof of payment in full, including any penalties or interest, within thirty (30) days after request by the City. Tenant's failure to pay any such Taxes shall constitute a default under this Lease. Tenant understands and agrees that the City's consent and approval is required for Class 6b and other property tax incentives available through the Office of the Cook County Assessor, and that the City has no obligation to provide such consent and approval. Notwithstanding the foregoing, nothing herein shall preclude Tenant from contesting any charge or tax levied against the Property without prior approval of any kind from the City. The failure of Tenant to pay such Taxes during the pendency of the contest shall not constitute a default under this Lease. Tenant's tax responsibilities under this section shall survive the expiration or eariier termination of this Lease. Tenant acknowledges that real estate taxes are one (1) year in arrears in Cook County and that as a result Tenant will be responsible for satisfaction of all real estate or leasehold taxes assessed or levied on the Property for at least one year after Tenant vacates the Property. 8.4 Net Lease. It is the intention of the parties that this Lease is a "triple net lease" and the City shall receive the fixed annual Rent and any Additional Rent due from Tenant to the City under the terms of this Lease, undiminished from all costs, expenses and obligations of every kind relating to the Property (except for deductions permitted under Section 10.8 below), which shall arise or become due during the Lease Term, all of which shall be paid by Tenant 8.5 Accord and Satisfaction. No payment by Tenant or receipt by the City of Rent or Additional Rent hereunder shall be deemed to be other than on account of the amount due, and 67812 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 no endorsement or statement on any check or any letter accompanying any check or payment of Rent or Additional Rent shall be deemed an accord and satisfaction, and the City may accept such check as payment without prejudice to the City's right to recover the balance of such installment or payment of Rent or Additional Rent or pursue any other remedies available to the City. No receipt of money by the City from Tenant after the termination of this Lease or Tenant's right of possession of the Property shall reinstate, continue or extend the Lease Term or Tenant's right of possession. SECTION 9. CONSTRUCTION OF PROJECT. 9.1 Approved Plans and Specifications. Tenant shall deliver to DCD for review and approval the Working Plans and Specifications for the Project, and DCD shall have the right to approve the same. Tenant shall also deliver the Soil Management Plan to DOE for approval. DOE shall give notice to Tenant as to whether it approves or disapproves the Soil Management Plan no later than ten (10) business days after delivery of such plan or, if the City fails to approve or disapprove such plan within such ten-day period, such plan shall be deemed approved. If DOE disapproves the Soil Management Plan, it shall specify the reasons for this decision and allow Tenant to amend and resubmit the plan. The revised plan shall be subject to the same review and approval rights set forth above. Tenant shall construct the Project in accordance with the approved Working Plans and Specifications, Soil Management Plan and all Laws and covenants and restrictions of record. Except as specified below. Tenant may make material alterations and improvements to the Property ("Alteration(s)") without the City's prior approval, provided such Alterations do not impair or reduce the value of the Property. Tenant shall obtain the prior written approval of the Commissioner, which approval shall not be unreasonably withheld, conditioned or delayed, if any such Alteration; (a) reduces the square footage of the landscaping on the Property; (b) increases the visibility of the PV Array from outside the Project site, (c) requires any new Governmental Approvals, or (d) materially deviates from the Soil Management Plan, approved landscaping plan or approved storm water management plan. Before commencement of any Alterations requiring prior written consent. Tenant shall deliver plans and specifications to DCD for the Commissioner's review and approval, and evidence satisfactory to the City of Tenant's ability to pay for such Alterations. All Alterations shall be completed in a good and workmanlike manner and in accordance with all applicable Laws and covenants and restrictions of record, and shall at all times conform to the Redevelopment Plan and the terms and conditions of the Comprehensive NFR Letter (with respect to Section 12) and Asbestos Management Plan (with respect to Sections 10 & 11). 9.2 Performance Deposit. Upon execution and delivery of this Lease, Tenant shall deposit the sum of Twenty-Five Thousand and No/100 Dollars ($25,000) with the City, as security for the full and faithful performance by Tenant of the landscaping, storm water management and other site improvement work, which sum shall be returned to Tenant upon completion of such work. 9.3 Government Approvals. Prior to commencing any work on the Property, Tenant shall, at Tenant's sole expense, apply for and obtain all Government Approvals. 9.4 Construction Time Line. Subject to delays under Section 10.2 or Section 30.10. Tenant shall complete construction of the Project and have a fully operational PV Array on the Property no later than twenty four {ZiA) montho afior tho Commoneomont Dato. 9.5 Signage. Tenant may not install any signage on the Property without the Commissioner's prior approval, except forthe signs described in Exhibit F attached hereto. 7/29/2009 REPORTS OF COMMITTEES 67813 9.6 Barricades and Signs. Tenant shall, at its sole cost and expense, erect and maintain such signs as the City may reasonably require during the construction of the Project, identifying the site as a City redevelopment project. The City reserves the right to include the name, photograph, artistic rendering of the Project and other pertinent information regarding Tenant, the Property and the Project in the City's promotional literature and communications. Prior to the commencement of any construction activity requiring barricades, Tenant shall install barricades of a type and appearance satisfactory to the City and constructed in compliance with all applicable Laws. DCD shall have the right to approve the maintenance, appearance, color scheme, painting, nature, type, content and design of all barricades. Tenant shall erect all signs and barricades so as not to interfere with or affect any bus stop or train station in the vicinity of the Property. 9.7 Limited Applicability. Any approval given by DCD or the Commissioner pursuant to this Lease is for the purpose of this Lease only and does not constitute the approval required by the City's Department of Buildings or any other City department, nor does such approval constitute an approval of the quality, structural soundness or safety of any improvements located or to be located on the Property, or the compliance of said improvements with any Laws, private covenants, restrictions of record, or any agreement affecting the Property or any part thereof SECTION 10. ENVIRONMENTAL MATTERS. 10.1 Section 12. Tenant understands and accepts that: (a) Section 12 is contaminated as a result of past manufacturing and other historic operations; (b) Navistar, a former owner and operator of Section 12, is currently remediating Section 12; (c) Navistar enrolled Section 12 in the SRP on or about May 7, 1996, and has performed a variety of investigative and remediation activities on the site since that date, as summarized in the Remediation Documents; (d) the lEPA approved a Comprehensive Site Investigation Report and a Remediation Objectives Report for the site on or about November 23, 2005, and July 19, 2006, respectively; (e) Navistar has prepared and the I EPA has approved a RAP for Section 12 and intends to implement the scope of work outlined therein; (f) the RAP is subject to modification in response to comments from the I EPA; (g) the City has granted access to Section 12 to Navistar for the purpose of conducting and completing the Remedial Action; (h) implementation of the Remedial Action may at times require delay in, modification or other interruption of Tenant's operations, including its construction activities; and (i) until the Remedial Action is completed, as evidenced by the issuance of a Comprehensive NFR Letter, Tenant may use Section 12 only with the prior written approval of DOE and subject to any limitations or requirements imposed by Navistar. 10.2 Section 12 Remediation; Coordination. Based on discussions with Navistar, Tenant and the City anticipate that the Remedial Action will take approximately sixteen (16) weeks to complete. Prior to completion of the Remedial Action, as evidenced by the issuance of a Comprehensive NFR Letter, Tenant shall consult with the City to schedule any work on Section 12, and must obtain the City's prior written consent before commencing any such work. Tenant acknowledges and agrees that the City's consent is subject to approval from Navistar pursuant to the terms of the Cost Sharing Agreement. Nohwithstanding Navistar's approval, if such worl< would. In tho City'o roaconable judgmont, intorforo with or dolay tho implpmpntatinn of the Remedial Action or increase the cost of the Remedial Action, the City may deny Tenant permission to commence such work. If Tenant obtains Navistar's approval and the City's consent, and thereafter elects to commence work on Section 12 prior to issuance of the 67814 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Comprehensive NFR Letter, Tenant acknowledges and agrees that it does so pursuant to its own schedule and at its own risk. The City shall, whenever reasonably possible, provide advance notice of activities that may impact Tenant's construction schedule or other activities and shall coordinate with Navistar so that any disruption to Tenant's operations is minimized. To the extent the City is responsible for implementing any portion of the Remedial Action, the City agrees to complete such work with all due diligence and to cooperate with Tenant to minimize any disruption or delay to the Project and the Remedial Action. The City shall keep Tenant informed of the status of the Remedial Action, and shall provide copies of any information reasonably requested by Tenant to enable it to monitor the status of Navistar's request for a Comprehensive NFR Letter. 10.3 Reservation of Rights. The City reserves for itself and Navistar (but only with respect to Section 12), and their officers, employees, agents, representatives, consultants, engineers, contractors, subcontractors, materialmen and others engaged in directing and performing the Remedial Action and any of the City's actions regarding environmental remediation in respect to Sections 10 and 11 ("Remediation Contractors") the right, upon reasonable notice to Tenant, to enter upon the Property for the following purposes, all at no cost to Tenant; (a) to implement the Remedial Action on Section 12 and perform all other investigation, response and remediation activities requested by the lEPA to obtain and maintain the effectiveness of the Comprehensive NFR Letter, including all future requests from the I EPA regarding inspections of engineered barriers and documentation regarding same; (b) to perform Asbestos Mitigation Activities on Sections 10 & 11; (c) to inspect field activities of Remediation Contractors; and (d) to dismantle, close, seal and abandon all soil boring and monitoring wells installed in connection with the Remedial Action, as required under the Comprehensive NFR Letter. 10.4 Sections 10 & 11. Tenant understands and accepts that: (a) Sections 10 & 11 are contaminated as a result of past manufacturing and other historic operations; (b) the City has performed a variety of investigative and remediation activities on Sections 10 & 11 between 1996 and 2004, as summarized in the Remediation Documents, including the removal of asbestos debris left behind after demolition of structures with asbestos-containing materials; (c) the City has previously enrolled Sections 10 & 11 in the SRP, but has no obligation hereunder to obtain an NFR Letter for the land; (d) a certified asbestos inspector conducted a visual inspection of Sections 10 & 11 for surface occurrence of suspect asbestos-containing material and, upon observing such material, the City performed a rake study to determine whether the presence of asbestos-contaminated soil presents a risk to human health or the environment; (e) based on the results of the rake study, the City prepared and Tenant approved an Asbestos Management Plan and the City intends to pay for the implementation of the scope of work assigned to it thereunder; (f) until the Asbestos Mitigation Activities required of the City are completed, as reasonably determined by DOE, Tenant may use Sections 10 & 11 only with the prior writton approx/al nf HOP 10.5 Allocation of Certain Environmental Costs. 7/29/2009 REPORTS OF COMMITTEES 67815 (a) The City shall pay for all Environmental Costs associated with the off-site migration of any Pre-existing Environmental Conditions. The City's obligations under this Section 10.5(a) are not subject to the Environmental Cap described in Section 10.6, and apply only to the extent that such liabilities are not otherwise subject to indemnification by Tenant under Section 10.10. Subject to the industrial cleanup standard in Section 10.7, the City shall have sole control over the means and methods of remediation, provided the City shall consult with Tenant concerning the timing of any investigative or remedial work and shall use its best efforts to avoid conflicts with Tenant's construction work and operations, and delays in Tenant's construction schedule. (b) The City shall pay for the removal and disposal of the five (5) known USTs (or any one or combination of them as necessary) on Sections 10 & 11, and any contaminated soils and other materials associated with such USTs and all other costs related thereto. The City's obligations under this Section 10.5(b) are subject to the Environmental Cap described in Section 10.6, and apply only to the extent that (i) Tenant discovers or encounters such USTs during construction of the Project, and (ii) such liabilities are not othenwise subject to indemnification by Tenant under Section 10.10. Subject to the industrial cleanup standard in Section 10.7, the City shall determine the scope of work for remediation in consultation with Tenant, and Tenant shall perform such work or cause such work to be performed. Except as provided in Section 10.5(a) above, the City's obligations under this Section 10.5(b) shall expire upon the completion of construction of the Project (the "Construction Completion Date"), excluding, however, any work on or relating to such USTs discovered prior to the Construction Completion Date. (c) The City and Tenant shall each pay one-half of the costs of removing and disposing of any additional USTs (other than the five known USTs addressed above) or otherwise investigating and remediating any additional Pre-existing Environmental Conditions, whether known or unknown, encountered or discovered during construction of the Project, as required by law. The City's obligations under this Section 10.5(c) are subject to the Environmental Cap described in Section 10.6. and apply only to the extent that (i) Tenant discovers or encounters such USTs or other Pre-existing Environmental Conditions during construction of the Project, and (ii) such liabilities are not otherwise subject to indemnification by Tenant under Section 10.10. Tenant's obligations under this Section 10.5(c) apply only to the extent that such liabilities are not othenvise subject to indemnification by the City under Section 10.5(a) or are not the City's responsibility under the Asbestos Management Plan. Subject to the industrial cleanup standard in Section 10.7, the City and Tenant shall agree upon the scope of work for remediation and Tenant shall perform such work or cause such work to be performed. Except as provided in Section 10.5(a) above, the City's obligations under this Section 10.5(c) shall expire upon the Construction Completion Date, excluding, however, any work on or relating to such Pre-existing Environmental Conditions discovered prior to the Construction Completion Date. (d) The City shall pay for the Asbestos Mitigation Activities assigned to it as set forth in the Asbestos Mitigation Plan, and Tenant shall perform such work or cause SI irh wnrk tn hp performed in accordance with the Asbestos Mitigation Plan. The City's obligations under this Section 10.5(d) are subject to the Environmental Cap described in Section 10.6. 67816 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (e) Tenant shall pay for any and all Environmental Costs associated with (i) the off-site disposal of contaminated soils and other materials excavated or removed by Tenant in connection with any Soil-disturbing Activities, including, without limitation, construction of the Project or any Alterations, (ii) the negligent Exacerbation of any Pre existing Environmental Conditions, (iii) the investigation and remediation of any USTs or other Pre-existing Environmental Conditions encountered or discovered in connection with any Soil-disturbing Activities after the City has satisfied its obligations under the Environmental Cap or upon completion of the Project, whichever first occurs, provided that Tenant's obligations under this Section 10.5(e)(iii) apply only to the extent that such liabilities are not otherwise subject to indemnification by the City under Section 10.5(a). As used in this subsection and Section 10.10 below, the term "negligent" does not include (1) on-site management of contaminated soils and other excavated materials as described in the Soil Management Plan and performed by Tenant in compliance with all applicable Environmental Laws, and (2) breaching of any engineered barriers on Section 12 or the geotextile membrane/asphalt cover (or other surface capping) on Sections 10 & 11, if any, as contemplated by the Soil Management Plan; provided, however, Tenant shall pay for repairing any damage as a result of any such breach. 10.6 Limitation on City's Liability. Notwithstanding anything to the contrary in this Lease, the City shall be liable for any Environmental Costs associated with the matters contained in Sections 10.5 (b), (c) and (d) up to an aggregate amount equal to $1.25 million (the ''Environmental Cap"). The costs of all environmental consultants' fees, studies, reports, engineering analyses, and similar third party costs incurred in connection with such matters shall be included in the Environmental Cap. Tenant's sole recourse against the City for claims under Sections 10.5 (b), (c) and (d) shall be to deduct or set off a maximum amount equal to the Environmental Cap from any payments due hereunder. 10.7 Remediation Standard. Notwithstanding anything to the contrary in this Lease, it is expressly agreed that any environmental remediation work to be performed hereunder shall be conducted in a manner to enable the Property to comply with cleanup objectives established by the lEPA applicable to industrial sites under 35 lAC 742 (the Tiered Approach to Cleanup Objectives or the "TACO" program). In addition, any environmental remediation work performed on Section 12 shall be consistent with the Comprehensive NFR Letter, and any environmental remediation work performed on Sections 10 & 11 shall be consistent with the Asbestos Management Plan. The parties acknowledge and agree that institutional controls and engineered barriers are appropriate remedial activities. The parties further acknowledge and agree that lEPA's TACO standards offer more than one option for establishing and achieving remediation objectives, and that the less restrictive or cost-effective options and approaches may be used to guide remediation hereunder. For example, without limiting the generality ofthe foregoing, the parties acknowledge and agree that a Tier 1, 2 or 3 analysis may be used to calculate remediation objectives, and that such analysis may yield acceptable baseline levels of contamination for which no active remediation or engineered barriers may be necessary. 10.8 Additional Environmental Terms. (a) Tenant shall, at its sole expense, comply with all Environmental Laws that are or may become applicable to Tenant's activities on the Property. (b) Except for Pre-existing Environmental Conditions, Tenant shall not handle, use, generate, treat, store or dispose of any Hazardous Substances in, on, under or about the Property except for Hazardous Substances used in full compliance 7/29/2009 REPORTS OF COMMITTEES 67817 with all applicable Laws in connection with construction of the Project, without the prior approval of the City, which approval shall not be unreasonably withheld. (c) Tenant shall prepare, or require its contractors and subcontractors to prepare, a site-specific safety plan in accordance with the Occupational Safety and Health Act regulations and guidelines prior to starting any construction activities on the Property. (d) Tenant shall be responsible for the proper disposal of any soils. Hazardous Substances, Special Waste, debris and other materials that any Tenant Party removes or excavates in connection with the Project or any Alterations in accordance with all applicable Laws and the requirements of any transporter or off-site disposal facility. Tenant shall be deemed the generator on all manifests for the disposal of Hazardous Substances and Special Waste resulting from Tenant's construction activities. DOE shall have the right to approve both disposers and disposal facilities, which approval shall not be unreasonably withheld. (e) Tenant shall obtain written approval from DOE of all fill material to be brought on the Property prior to delivery. (f) Subject to the City's obligations under Section 10.5. if there is a release or threatened release of any Hazardous Substances under CERCLA or any other applicable Environmental Laws attributable to the operations or activities of Tenant Parties, Tenant shall notify the City as soon as practicable, and, if required by any applicable Laws, Tenant shall investigate and remediate the condition in accordance with Section 10.7. (g) Tenant acknowledges and agrees that Section 12 will be subject to land use restrictions, institutional controls and other terms and conditions contained in the Comprehensive NFR Letter, and that management of asbestos-contaminated soil on Sections 10 & 11 will require compliance with the terms of the Asbestos Management Plan. Tenant shall comply with all terms and conditions of the Comprehensive NFR Letter and Asbestos Management Plan, including, without limitation, repairing any damage to the engineered barriers on Section 12 and the geotextile membrane/asphalt cover (or other surface capping) on Sections 10 & 11, if any. Notwithstanding the foregoing, the City shall be responsible for conducting any required groundwater monitoring or soil sampling required under the Comprehensive NFR Letter. (h) Tenant and the City shall each maintain and, upon request, make available to the other party, free of charge, copies of all: (i) environmental reports, abatement or mitigation plans and other documents prepared or obtained by such party relating to the Property; (ii) transportation or disposal contracts relating to Hazardous Substances and associated inspection logs, manifests, schedules, receipts, load tickets and other information obtained by such party that tracks the generation, handling, storage, treatment and disposal of Hazardous Substances, as well as all other records required by any applicable Environmental Laws; (iii) permits issued to such party under any applicable Environmental Laws; (iv) documents or correspondence submitted to or rpppiupH frnm any federal, state or local aoencv relating to the environmental condition of the Property; and (v) any other documents conceming environmental matters relating to the Property. Tenant and the City shall each provide such copies within ten (10) calendar days of receipt of the other party's request. 67818 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (i) The City shall perform, or cause to be performed, all monitoring or testing required of it in connection with the Asbestos Mitigation Activities on Sections 10 and 11 as set forth in the Asbestos Management Plan. (j) The City shall enforce its rights against Navistar to cause Navistar to satisfy (or bond over) any mechanics', laborers' or materialmen's liens on account of labor or material furnished in connection with any remediation work performed by, or at the direction of, Navistar in accordance with the Cost Sharing Agreement. In addition, to the extent the City is responsible in whole or in part for payment of any portion of such liens under the Cost Sharing Agreement, the City shall pay its allocable share. Notwithstanding the foregoing, the City shall have the right to contest and permit Navistar to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if bonded or insured over, or to extent such liens do not affect Tenant's leasehold interest in the Property. 10.9 City Indemnification. The City shall indemnify, defend (through an attorney reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Losses, including, without limitation, Environmental Costs, arising from or related in any way to: (a) any off-site migration of Pre-existing Environmental Conditions as set forth in Section 10.5(a); (b) any failure of the City Parties to comply with any applicable Environmental Laws or any permits issued thereunder; and (c) the failure of the City to comply with any obligation under this Section 10 or arising from any activities the City takes pursuant to Section 10.3. The foregoing indemnity shall survive the expiration or eariier termination of this Lease. 10.10 Tenant Indemnification. Tenant shall indemnify, defend (through an attorney reasonably acceptable to the City) and hold the City Parties harmless from and against any and all Losses, including, without limitation. Environmental Costs, arising from or related in any way to: (a) the introduction of any Hazardous Substances on,.in, under or about the Property by Tenant Parties; (b) any failure of Tenant Parties to comply with any applicable Environmental Laws or any permits issued thereunder; (c) any failure of Tenant Parties to comply with any obligation under this Section 10; (d) the negligent (as such tenn is qualified in Section 10.5(e)) Exacerbation of any Pre-existing Environmental Conditions by Tenant Parties; and (e) any actual or alleged illness, disability, injury or death of any employee, agent, representative or invitee of Tenant or its contractors, subcontractors or consultants, arising out of or allegedly arising out of exposure to any Hazardous Substances now existing or hereafter introduced on, in, under or about the Property, where such exposure is attributable to the operations or activities of Tenant Parties. The foregoing indemnity shall survive the expiration or eariier termination of this Lease. SECTION 11. MAINTENANCE. SECURITY AND ALTERATIONS. 11.1 Tenant's Duty to Maintain Property. Tenant shall, at its sole expense, maintain the Property in a state of good order, condition and repair, and in compliance with ail applicable Laws, including, without limitation, all applicable provisions of the Municipal Code. Without limiting the foregoing. Tenant, at its sole expense, shall promptly remove all accumulated snow, ice, litter and debris from any and all driveways, pathways, roadways, sidewalks, curbs, parking areas, loading areas and entrances, remove graffiti, and keep all portions of the Property in a clean, orderiy and lawful condition. Tenant shall at all times exercise due diligence in protecting the Property against damage or destruction by fire and other causes. Tenant shall provide and pay for all custodial service, scavenger service, building maintenance and grounds maintenance 7/29/2009 REPORTS OF COMMITTEES 67819 for the Property. Tenant shall ensure that loose debris on trucks leaving the Property is loaded in a manner that will prevent dropping of materials on the streets and shall have a suitable cover, such as a tarpaulin, over the load before entering surrounding streets. Tenant shall be responsible for promptly cleaning up any materials that fall from trucks. 11.2 Tenant's Duty to Maintain PV Array. Tenant shall be responsible for maintaining the PV Array in accordance with industry standards in all material respects. Tenant acknowledges and agrees that, from and after the Commencement Date, the City shall have no maintenance, repair, replacement or other duty of any kind or nature with respect to the Property or the Improvements, except as required under Section 10 of this Lease. 11.3 Security. Tenant shall be responsible for securing the Property at all times and preventing illegal and unauthorized uses of the Property, including, without limitation, vandalism and fly dumping. Tenant shall maintain on-site personnel during business hours and install surveillance cameras for full-time (24 hours per day, 365 days per year) monitoring access to the site. The City assumes no security responsibilities. SECTION 12. ASSIGNMENT AND SUBLETTING. Tenant shall not transfer or assign any of its interest in this Lease, or sublet or permit others to use or occupy any portion of the Property, or grant any license, concession, franchise or other rights or interest in this Lease or the Property, voluntarily, by operation of law or othenwise (collectively, "Assignment or Sublease"), without in each case obtaining the prior written consent of the Commissioner, except for an Assignment or Sublease to an entity which controls Tenant, is controlled by Tenant or is under common control with Tenant, and as allowed under Section 13. for which no prior written consent of the Commissioner shall be required. "Control" in the immediately preceding sentence shall mean any entity with no less than a fifty percent (50%) ownership interest. Any attempt by Tenant to transfer an interest in this Lease or the Property, by document or other agreement or by operation of law in violation of the terms of this Lease, shall be void and confer no rights on any third party and shall, at the City's option, constitute a default under this Lease. If the City permits any assignment hereunder, the assignee shall be deemed to have assumed all of the obligations of Tenant under this Lease. No Assignment or Sublease shall relieve Tenant of any of its obligations hereunder. Tenant shall furnish the City, for its prior written consent, a copy of each agreement of Assignment or Sublease it proposes to execute. Such consent may include the requirement to delete, add or change provisions in the proposed agreement as the City shall deem necessary to protect its interests, but which shall not materially alter Tenant's rights or obligations under this Lease. Consent to any Assignment or Sublease shall not be taken or construed to diminish or enlarge any of the rights or obligations of either of the parties under the Lease. SECTION 13. LIENS AND ENCUMBRANCES. 13.1 Except as provided in this Section 13, Tenant shall not, without the prior written consent of the Commissioner, which shall be in the Commissioner's sole discretion, engage in any financing or other transaction which would create any mortgage, encumbrance or lien on the Property; place or suffer to be placed upon the Property any lien or other encumbrance; or suffer any levy or attachment to be made on Tenant's interest in the Property, other than such levy or attachment as may result from a Foreclosure of a mortgage that is in compliance with thio Section 13. 13.2 Tenant may enter into a Leasehold Mortgage for the sole purpose of financing and refinancing Tenant's improvements to the Property, subject to Section 13.3 below. Any 67820 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 such loan may be further secured by an assignment of this Lease by Tenant to the Leasehold Mortgagee. 13.3 No Leasehold Mortgage shall extend to or affect the fee, the reversionary interest or the estate of the City in the Property. No Leasehold Mortgage shall be binding upon the City in the enforcement of its rights and remedies under this Lease and by law, unless and until a copy thereof shall have been delivered to the City. 13.4 Promptly after granting a Leasehold Mortgage Tenant shall deliver to the City a written notice setting forth the name and address of the Leasehold Mortgagee, together with a true and complete copy of the Leasehold Mortgage. Further, Tenant shall notify the City promptly of any lien or encumbrance which has been created or attached to the Property, whether by act of Tenant or otherwise, of which Tenant has notice. 13.5 If a Leasehold Mortgagee, or the purchaser at Foreclosure of the Leasehold Mortgage ("Third Party Purchaser"), shall acquire Tenant's interest in the Property, by virtue of the default by Tenant under the Leasehold Mortgage or otherwise, this Lease shall continue in full force and effect so long as the Leasehold Mortgagee or Third Party Purchaser is not in default thereunder. For the period of time during which the Leasehold Mortgagee or Third Party Purchaser holds Tenant's interest in the Property, such Leasehold Mortgagee or Third Party Purchaser shall become liable and fully bound by the provisions ofthe Lease. 13.6 With respect to each Leasehold Mortgagee of the Property, the City agrees that the following shall apply; (a) If requested by a Leasehold Mortgagee which shall have duly registered in writing with the City its name and address, any notice from the City to Tenant with respect to a default, termination or cancellation of this Lease shall be delivered to such Leasehold Mortgagee at its registered address, and in the event of any such registration, no notice of default, termination or cancellation of this Lease given by the City to Tenant shall be deemed legally effective until and unless like notice shall have been given by the City to such Leasehold Mortgagee. (b) A Leasehold Mortgagee entitled to notice of default, termination or cancellation shall have any and all rights of Tenant with respect to the curing of any default hereunder by Tenant. (c) The City acknowledges that Tenant may not cancel this Lease or enter into any material modification of this Lease without the prior written consent of each Leasehold Mortgagee entitled to notice as provided in Section 13.6(a) above. The foregoing shall not apply or be construed to apply to any right the City may have to terminate this Lease pursuant to its terms. Tenant shall provide each Leasehold Mortgagee with a copy ofthe notice of any proposed modification. (d) Subject to Section 13.9 below, any Leasehold Mortgagee shall have the right, but not the obligation, to perform any term, covenant, condition or agreement and to remedy any default by Tenant under this Lease, and the City shall accept such pprformanrp hy thp I pa.sphnlri Mortoaoee with the same force and effect as if performed by Tenant. The Leasehold Mortgagee shall have a period of thirty (30) days extending beyond the cure period given to Tenant under this Lease within which to remedy any default of Tenant hereunder or cause such default to be remedied. The City hereby 7/29/2009 REPORTS OF COMMITTEES 67821 authorizes the Leasehold Mortgagee to enter upon the Property to effect the cure of a default by Tenant. If a judicial or administrative order, including an automatic stay, precludes the Leasehold Mortgagee from taking any action hereunder, the running of the applicable cure period shall be tolled for a period not to exceed sixty (60) days, or in the case of the imposition of an automatic stay, until sixty (60) days after the lifting of the stay. (e) If a default by Tenant occurs in the performance or observance of any non-monetary term, covenant, condition or agreement on the Tenant's part to be performed under this Lease which cannot practicably be cured by the Leasehold Mortgagee without taking possession of the Property, or if such non-monetary default is of such a nature that the same is not susceptible of being cured by the Leasehold Mortgagee because it is personal to Tenant, then the City shall not terminate the leasehold estate or any other estate, right, title or interest of Tenant hereunder by reason of such default without allowing the Leasehold Mortgagee reasonable time within which; (i) In the case of a default which cannot practically be cured by the Leasehold Mortgagee without taking possession of the Property, to obtain possession of the Property as mortgagee (through the appointment of a receiver or otherwise), and, upon obtaining possession, to commence promptly and diligently prosecute to completion such action as may be necessary to cure such default; and (ii) In the case of a default which cannot be cured by the Leasehold Mortgagee because it is personal to Tenant, to commence promptly and diligently prosecute to completion Foreclosure proceedings or to acquire Tenant's estate hereunder, either in its own name or through a nominee, by assignment in lieu of Foreclosure. The Leasehold Mortgagee shall not be required to continue to proceed to obtain possession, or to continue in possession as mortgagee, of the Property pursuant to clause e(i) above, or to continue to prosecute Foreclosure proceedings pursuant to this clause e(ii), if and when such default shall be cured, ff the Leasehold Mortgagee, or its nominee, or a Third Party Purchaser shall acquire title to Tenant's leasehold estate hereunder, and shall cure all defaults of the Tenant hereunder (except with respect to such defaults that cannot be cured because they are personal to Tenant), then the defaults of any prior holder of Tenant's leasehold estate or any other estate, right, title or interest hereunder which are not susceptible of being cured because they are personal to Tenant shall no longer be deemed to be defaults hereunder. (f) If this Lease or Tenant's rights hereunder are terminated, whether by reason of default of Tenant or the City, rejection or disaffirmance of this Lease in any bankruptcy case, voluntary surrender and acceptance, or othenvise, then any Leasehold Mortgagee or ito reopeotivc nominee (oubjeet to Gcotion 13.0 below) ohall have tho option, exercisable by written notice to the City, to receive from the City a new lease (the "New Lease") of the Property for the remaining term of this Lease at the Rent and on the 67822 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 same terms, covenants and conditions as this Lease. If a Leasehold Mortgagee exercises such option to obtain a New Lease, such Leasehold Mortgagee shall pay to the City any outstanding amounts of money owing to the City by Tenant under the terms of this Lease, and such Leasehold Mortgagee then shall be subrogated to the rights of the City against Tenant for the same. To the fullest extent allowed by law, the New Lease shall be superior to all rights, liens and interests granted at any time on the City's interest in the Property and to all rights, liens and interests intervening between the date of this Lease and the granting of the New Lease. (g) Any Leasehold Mortgagee shall have the right (without the consent of the City) to foreclose upon the leasehold estate and acquire title to Tenant's interest in the Property, and pending Foreclosure of such lien, to take possession of the Property and, subject to compliance with Section 13.9, to operate the Property, and if such Leasehold Mortgagee or a Third Party Purchaser acquires title to the leasehold estate pursuant to a Foreclosure, such Leasehold Mortgagee or Third Party Purchaser shall be recognized and considered as the tenant under this Lease and shall have all of the rights and benefits as Tenant hereunder. Provided the Leasehold Mortgagee or Third Party Purchaser has cured all defaults of Tenant hereunder (except such defaults that cannot be cured because they are personal to Tenant), such Leasehold Mortgagee or Third Party Purchaser shall not be liable for any act, omission and/or breach of this Lease by any prior tenant, and shall only be liable for obligations under this Lease first arising from and after the date such Leasehold Mortgagee or Third Party Purchaser acquires title to and possession of the leasehold estate. Subject to Section 13.9 below, the Leasehold Mortgagee or Third Party Purchaser shall have the right to assign and transfer this Lease without first obtaining the City's consent. Upon any such transfer or assignment of this Lease, the Leasehold Mortgagee or Third Party Purchaser shall be automatically released and discharged from all liability thereafter accruing under this Lease. In addition, any Leasehold Mortgagee may exercise any other right or remedy under its Leasehold Mortgage. (h) Notwithstanding anything to the contrary contained herein, the City agrees that in any case commenced by or against City under Title 11 of the United States Code (the "Bankruptcy Code"), if City elects to reject this Lease pursuant to the provisions of the Bankruptcy Code, the rejection will not terminate this Lease but will be treated only as a breach of this Lease by the City. The City further agrees that in such bankruptcy case Tenant shall be deemed in possession of the Property for purposes of Section 365(h) of the Bankruptcy Code, whether Tenant has retained actual occupancy and use, or has by sublease, assignment or license permitted third parties to occupy and use portions of the Property; and as a result, upon a rejection of the Lease by City the Tenant shall have the right to elect to remain in possession of the Property under Section 365(h). The City acknowledges that the Leasehold Mortgagees shall have a lien on any rights and interests acquired or retained by Tenant as a result of the City's rejection of the Lease. The City further agrees that following rejection of the Lease, if Tenant assigns to Leasehold Mortgagee or any third party its interest in the Lease or its interest or right to remain in possession of the leasehold under Section 365(h) of the Bankruptcy Code, then such assignee shall have all of the rights of Tenant, and the City will not assert that this Lease has been terminated, nor will the City otherwise attempt to limit, moHify or prnhihit thp assionmpnf nf si irh intprpsts Thp Oity aoknnwledoes that any Leasehold Mortgagee has in such bankruptcy case a power of attorney or other right to act for and on behalf of Tenant in relation to any proposed rejection or assumption of this Lease, and as such any Leasehold Mortgagee shall have standing to appear and act 7/29/2009 REPORTS OF COMMITTEES 67823 as a party to this Lease for purposes of Section 365 of the Bankruptcy Code (but no Leasehold Mortgagee shall have any obligations under this Lease unless such Leasehold Mortgagee expressly assumes the same). The City shall, during its bankruptcy case, serve on each Leasehold Mortgagee a copy of all notices, pleadings or documents which would othen/vise be given to Tenant, and service shall be contemporaneous with and in the same manner as given to Tenant. (i) Tenant may assign to the Leasehold Mortgagees Tenant's right to (i) reject the Lease under Section 365 of the Bankruptcy Code, and (ii) seek an extension of the sixty (60) day period within which Tenant must accept or reject the Lease under Section 365 of the Bankruptcy Code. The City acknowledges the above assignment to the Leasehold Mortgagees. (j) Notwithstanding anything contained herein to the contrary, a Leasehold Mortgagee may at any time, without the City's consent, sell or assign all or any portion of its rights and obligations under its Leasehold Mortgage to one or more financial institutions. (k) The provisions of this Section 13 shall inure to the benefit of the permitted successors and/or assigns of the Leasehold Mortgagee (including any Third Party Purchaser). Each Leasehold Mortgagee shall be an intended third party beneficiary of the terms of this Section 13, with full right, power and authority to enforce the same. (I) In the event that Tenant proposes to enter into a Leasehold Mortgage, the City shall reasonably and diligently cooperate with Tenant and the Leasehold Mortgagee thereunder in providing reasonable and customary written additional assurances to such Leasehold Mortgagee that such Leasehold Mortgagee's rights and interests under this Lease will not be subject to interference or disturbance. (m) If a Leasehold Mortgagee forecloses upon or otherwise acquires all or part of the Tenant's leasehold interest and/or the equity interests in Tenant, the transfer to such Leasehold Mortgagee or to any third party designated by Leasehold Mortgagee shall not require the City's consent. 13.7 Nothing herein contained shall be deemed to impose any obligation on the part of the City to deliver physical possession of the Property to any Leasehold Mortgagee. 13.8 If more than one Leasehold Mortgagee seeks to exercise any of the rights provided for in this Section 13. the holder of the Leasehold Mortgage having priority of lien over the other mortgagees shall be entitled, as against the others, to exercise such rights. 13.9 Any agent, nominee or contractor appointed by a Leasehold Mortgagee or Third Party Purchaser to operate and manage the Property on its behalf must have demonstrated experience or expertise in the development, operation and maintenance of a PV Array. 13.10 The City agrees, at any time and from time to time, as reasonably requested by Tenant, upon not less than ten (10) days' prior notice, to execute and deliver to any Leasehold Mortoaoee a written statement executed and acknowledaed bv the Citv. fa) stating that this Lease is then in full force and effect and has not been modified (or if modified, setting forth all modifications), (b) setting forth the then current Rent, (c) setting forth the date to which the Rent has been paid, (d) stating whether or not, to the best knowledge of the City, an "Event of 67824 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Default" (as defined in Section 18.1 of this Lease) has occurred, and if such an "Event of Default" has occurred, setting forth the specific nature of all such Events of Default, (e) stating the address of Tenant to which all notices and communication under this Lease shall be sent, and (f) containing any other matters reasonably requested by Leasehold Mortgagee. Tenant acknowledges that any statement delivered pursuant to this paragraph may be relied upon by others with whom Tenant or Leasehold Mortgage may be dealing. SECTION 14. INSURANCE. Tenant shall procure and maintain at all times, at Tenant's own expense, or cause to be procured and maintained, during the Lease Term, insurance coverage as specified in Exhibit G attached hereto, insuring all operations related to this Lease with insurance companies authorized to do business in the State of Illinois. Notwithstanding the foregoing, Tenant's parent, Exelon Corporation, a Pennsylvania corporation, may self-insure Tenant hereunder in accordance with the insurance requirements set forth herein, and shall deliver to the City concurrently with the execution of this Lease a letter of self insurance as evidence of compliance therewith. SECTION 15. GENERAL INDEMNIFICATION AND RELEASE. Tenant is and shall be in exclusive control and possession of the Property as provided herein, and the City shall have no liability or responsibility for damage or loss to any property or injury or death to any persons on or about the Property, nor for any injury or damage to any property of Tenant contained therein, unless such injury or damage is caused solely by the City's gross negligence or willful misconduct. Tenant agrees to assume all risk of damage or loss to property and injury or death to persons by reason of or incident to the possession and/or use of the Property, or the activities conducted by Tenant under this Lease. Tenant expressly waives all claims against the City Parties (except claims arising from the gross negligence or willful misconduct ofthe City) for any such loss, damage, personal injury or death caused by or occurring as a consequence of such possession and/or use of the Property or the conduct of activities under this Lease. Subject to Section 10 above. Tenant further agrees to indemnify, defend (through an attorney reasonably acceptable to the City) and hold the City Parties harmless from and against any and all Losses incurred in connection with, arising out of or incident to; (a) any act or omission of Tenant or any of the Tenant Parties, (b) any entry upon or use of the Property by or on behalf of Tenant in connection with this Lease, (c) Tenant's performance of or failure to perform any of Tenant's obligations under this Lease, (d) Tenant's violation of any applicable Laws, or (e) Tenant's possession and/or use of the Property or any activities conducted or services furnished in connection with or pursuant to this Lease. The foregoing indemnity obligations of Tenant shall not include any Losses described in Section 10.6 above relating to Pre-existing Environmental Conditions. The foregoing release and indemnity shall survive any termination of this Lease. SECTION 16. CITY'S RIGHT TO CURE. The City may, but shall not be obligated to, cure at any time, with prior written notice of at least thirty (30) days (except in an emergency), any failure by Tenant to perform under this Lease and whenever the City so elects, all reasonable costs and expenses incurred by the City in curing such failure, including, without limitation, reasonable attorney's fees, shall be paid by Tenant to the City on demand. SECTION 17. CITY'S RIGHT OF ACCESS. Without limiting any other rights reserved or available to the City under this Lease, at law or in equity, the City reserves for itself and its employees, contractors, consultants, agents and representatives, the right to enter upon the Prooertv for the purpose of: (a) inspecting the Property, and (b) curing any defaults under this Lease. Nothing herein shall imply any duty upon the part of the City to do any sucn worK, ano performance thereof by the City shall not constitute a waiver of Tenant's default in failing to perform the same. Except in the case of emergencies, the City shall first give no less than thirty 7/29/2009 REPORTS OF COMMITTEES 67825 (30) days' advance written notice to Tenant of its desire to enter the Property, and the City and Tenant shall schedule their entry so as to minimize any interference with Tenant's use of the Property. SECTION 18. PERFORMANCE AND BREACH. 18.1 Event of Default. The occurrence of any one or more of the following shall constitute an "Event of Default" under this Lease: (a) the failure of Tenant to perform, keep or observe any of the covenants, conditions, promises, agreements or obligations of Tenant under this Lease; (b) the making or furnishing by Tenant of any warranty, representation, statement, certification, schedule or report to the City (whether in this Lease, an Economic Disclosure Statement or another document) which is untrue or misleading in any material respect as of the date made; (c) except as othenwise permitted hereunder, the creation (whether voluntary or involuntary) of, or any attempt to create, any mechanic's, laborer's, material supplier's, or any other lien or encumbrance unauthorized by this Lease (unless bonded or insured over) upon the Property, including any fixtures now or hereafter attached thereto, or the making or any attempt to make any levy, seizure or attachment thereof; (d) the commencement of any proceedings in bankruptcy by or against Tenant or for the liquidation or reorganization of Tenant, or alleging that Tenant is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of Tenant's debts, whether under the United States Bankruptcy Code or under any other state or federal law, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving Tenant; provided, however, that if such commencement of proceedings is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within one hundred eighty (180) days after the commencement of such proceedings; (e) the appointment of a receiver or trustee for Tenant, for any substantial part of Tenant's assets or the institution of any proceedings for the dissolution, or the full or partial liquidation, or the merger or consolidation, of Tenant; provided, however, that if such appointment or commencement of proceedings is involuntary, such action shall not constitute an Event of Default unless such appointment is not revoked or such proceedings are not dismissed within one hundred eighty (180) days after the commencement thereof; (f) the occurrence of an event of default under any leasehold mortgage affecting the Property or Improvements, which default is not cured within any applicable cure period; and (g) the dissolution of Tenant. 18.2 Cure. If Tenant defaults in the performance of its obligations under tnis Lease, Tenant shall have sixty (60) days after written notice of default from the City to cure the default, or such longer period as shall be reasonably necessary to cure such default provided Tenant 67826 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 promptly commences such cure and thereafter diligently pursues such cure to completion (so long as continuation of the default does not create material risk to the Project or to persons using the Project). 18.3 Remedies. If an Event of Default occurs, and is not cured in the time period provided for in Section 18.2 above, the City, in addition to any other rights or remedies available to it at law or in equity, shall have the right to terminate this Lease or terminate Tenant's right to possession only, without terminating the Lease. Upon termination of the Lease, or upon any termination of Tenant's right to possession without termination of the Lease, Tenant shall surrender possession and vacate the Property immediately, and deliver possession thereof to the City, and Tenant hereby grants to the City the full and free right to enter into and upon the Property, with process of law, and to repossess the Property as the City's former estate and to expel or remove Tenant and any others who may be occupying the Property, without being deemed in any manner guilty of trespass, eviction, or forcible entry or detainer, without incurring any liability for any damage resulting therefrom and without relinquishing the City's rights to Rent to and including the date the City obtains possession of the Property or any other right given the City hereunder or by operation of law. Tenant shall pay on demand all costs and expenses, including attorneys' fees and costs, incurred by the City in recovering sums due hereunder, recovering possession of the Property, or pursuing the City's rights and remedies against Tenant or any assignee, sublessee or other transferee. 18.4 Remedies Cumulative. The City shall have only those remedies described in Section 18.3 hereof and no others. All remedies contained in Section 18.3 shall be cumulative, and every remedy contained in Section 18.3 may be exercised by the City from time to time and so often as occasion may arise or as may be deemed expedient. 18.5 No Waiver. No delay or omission of the City to exercise any right or power arising from any default shall impair any such right or power or be construed to be a waiver of any such default or any acquiescence therein. No waiver by the City of any default of any of the covenants of this Lease shall be construed, taken or held to be a waiver of any other default, or as a waiver, acquiescence in or consent to any further or succeeding default of the same covenant. The acceptance by the City of any payment of Rent or other sums due hereunder after the termination by the City of this Lease, or of Tenant's right to possession hereunder, shall not, in the absence of agreement in writing to the contrary by the City, be deemed to restore this Lease or Tenant's rights hereunder, as the case may be, tjut shall tie construed as a payment on account, and not in satisfaction of damages due from Tenant to the City. SECTION 19. COVENANT OF QUIET ENJOYMENT. So long as Tenant is not in default beyond the applicable cure period, Tenant shall have peaceful and quiet use and possession of the Property during the Lease Term without hindrance on the part of the City or any persons lawfully claiming under the City, subject to the terms and provisions of this Lease. Tenant understands and accepts that the Remedial Action and Asbestos Mitigation Activities may at times impact Tenant's quiet use and enjoyment of the Property. Tenant agrees that notwithstanding any other provision of this Lease, the City assumes no liability to Tenant under this Lease in the event implementation of the Remedial Action or Asbestos Mitigation Activities interferes with Tenant's quiet use and enjoyment of the Property. Tenant shall have no claim under this Lease against the City or any officer, employee, agent, contractor, subcontractor or licensee thereof on account of any such interference. SECTION 20. SURRENDER OF PROPERTY. Upon the expiration or eariier termination of this Lease, Tenant shall, at its sole expense, within one hundred twenty (120) 7/29/2009 REPORTS OF COMMITTEES 67827 calendar days (or such longer period of time as shall be mutually agreed upon by the parties), remove the Improvements and its other property (both real and personal) from the Property and repair any injury or damage to the Property which may result from such removal, and shall restore the Property to a condition substantially similar to its condition prior to the installation of the Improvements (normal wear and tear excepted), provided that any fencing shall become the property of the City without further credit, payment or reimbursement by the City to Tenant. The City may, at its option and after notice to Tenant, accept the Improvements in lieu of such removal and restoration. If Tenant does not remove the Improvements and its other property and restore the Property within the appointed time, the City may remove the same and deliver them to any other place of business of Tenant or warehouse the same and restore the Property pursuant to the requirements of this Lease, and Tenant shall pay the cost of such removal, delivery, warehousing and restoration to the City on demand, or the City may treat such property as being conveyed to the City with this Lease as a bill of sale, without further payment or credit by the City to Tenant. SECTION 21. HOLDING OVER. Tenant shall have no right to occupy the Property or any portion thereof after the expiration or termination of this Lease or of Tenant's right to possession, except in connection with the removal of property under Section 20. For each month or portion thereof Tenant retains possession of the Property, or any portion thereof, after the expiration or termination of this Lease or Tenant's right to possession, Tenant shall pay the City an amount equal to two hundred percent (200%) of the last applicable annual Rent. Acceptance of said Rent shall not constitute a waiver by the City of any re-entry or other rights provided for under this Lease or by law nor shall it be deemed an extension or renewal of the Lease Term without a written election thereof by the City. In addition. Tenant shall be liable for all damages, direct and consequential, incurred by the City as a result of such holdover. SECTION 22. CONFLICT OF INTEREST AND GOVERNMENTAL ETHICS. 22.1 Conflict of Interest. No official or employee of the City, nor any member of any board, commission or agency of the City, shall have any financial interest (as defined in Chapter 2-156 of the Municipal Code), either direct or indirect, in the Property; nor shall any such official, employee, or member participate in making or in any way attempt to use his or her position to influence any City governmental decision or action with respect to this Lease. 22.2 Duty to Comply with City Ethics Ordinance. City and Tenant shall comply with Chapter 2-156 of the Municipal Code, "City Ethics," including but not limited to Section 2-156- 120, which states that no payment, gratuity, or offer of employment shall be made in connection with any City of Chicago contract as an inducement for the award of that contract or order. Any contract negotiated, entered into, or performed in violation of any of the provisions of Chapter 2- 156 shall be voidable as to the City of Chicago. SECTION 23. BUSINESS RELATIONSHIPS. Tenant acknowledges (a) receipt of a copy of Section 2-156-030 (b) of the Municipal Code, (b) that it has read such provision and understands that pursuant to such Section 2-156-030 (b) it is illegal for any elected official of the City, or any person acting at the direction of such official, to contact, either orally or in writing, any other City official or employee with respect to any matter involving any person with whom the elected City official or employee has a "Business Relationship" (as defined in Section 2-156- 080 of the Municipal Code), or to participate in any discussion in any City Council committee hearing or in any City Council meeting or to vote on any matter involving the person with whom an elected official has a Business Relationship, and (c) notwithstanding anything to the contrary contained-in this Lease, that a violation of Section 2-156-030 (b) by an elected official, or any 67828 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 person acting at the direction of such official, with respect to any transaction contemplated by this Lease shall be grounds for termination of this Lease and the transactions contemplated hereby. Tenant hereby represents and warrants that no violation of Section 2-145-030 (b) has occurred with respect to this Lease or the transactions contemplated hereby. SECTION 24. PATRIOT ACT CERTIFICATION. Tenant represents and warrants that neither Tenant nor any Affiliate (as hereafter defined) thereof is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the Bureau of Industry and Security of the U.S. Department of Commerce or their successors, or on any other list of persons or entities with which the City may not do business under any applicable Laws; the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List. For purposes of this Section 24, an "Affiliate" shall be deemed to be a person or entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with Tenant, and a person or entity shall be deemed to be controlled by another person or entity, if controlled in any manner whatsoever that results in control in fact by that other person or entity (or that other person or entity and any persons or entities with whom that other person or entity is acting jointly or in concert), whether directly or indirectly and whether through share ownership, a trust, a contract or otherwise. SECTION 25. PROHIBITION ON CERTAIN CONTRIBUTIONS PURSUANT TO MAYORAL EXECUTIVE ORDER NO. 05-1. 25.1 Tenant agrees that Tenant, any person or entity who directly or indirectly has an ownership or beneficial interest in Tenant of more than 7.5 percent ("Owners"), spouses and domestic partners of such Owners, Tenant's contractors (i.e., any person or entity in direct contractual privity with Tenant regarding the subject matter of this Lease) ("Contractors"), any person or entity who directly or indirectly has an ownership or beneflcial interest in any Contractor of more than 7.5 percent ("Sub-owners") and spouses and domestic partners of such Sub-owners (Tenant and all the other preceding classes of persons and entities are together the "Identified Parties"), shall not make a contribution of any amount to the Mayor of the City of Chicago (the "Mayor") or to his political fundraising committee (a) after execution of this Lease by Tenant, (b) while this Lease or any Other Contract (as hereinafter defined) is executory, (c) during the term of this Lease or any Other Contract, or (d) during any period while an extension of this Lease or any Other Contract is being sought or negotiated. This provision shall not apply to contributions made prior to February 10, 2005, the effective date of Executive Order 2005-1. 25.2 Tenant represents and warrants that from the later of (a) February 10, 2005, or (b) the date the City approached Tenant, or the date Tenant approached the City, as applicable, regarding the formulation of this Lease, no Identified Parties have made a contribution of any amount to the Mayor or to his political fundraising committee. 25.3 Tenant agrees that it shall not: (a) coerce, compel or intimidate its employees to make a contribution of any amount to the Mayor or to the Mayors political fundraising committee; (b) reimburse its employees for a contribution of any amount made to the Mayor or to the Mayor's political fundraising committee; or (c) bundle or solicit others to bundle contributions to the Mayor or to his political fundraising committee. 25.4 Tenant agrees that the Identified Parties must not engage in any conduct whatsoever designed to intentionally violate this provision or Mayoral Executive Order No. 05-1 7/29/2009 REPORTS OF COMMITTEES 67829 or to entice, direct or solicit others to intentionally violate this provision or Mayoral Executive Order No. 05-1. 25.5 Notwithstanding anything to the contrary contained herein, Tenant agrees that a violation of, non-compliance with, misrepresentation with respect to, or breach of any covenant or warranty under this Section 25 or violation of Mayoral Executive Order No. 05-1 constitutes a breach and default under this Lease, and under any Other Contract for which no opportunity to cure will be granted, unless the City, in its sole discretion, elects to grant such an opportunity to cure. Such breach and default entitles the City to all remedies (including, without limitation, termination for default) under this Lease, and under any Other Contract, at law and in equity. This provision amends any Other Contract and supersedes any inconsistent provision contained therein. ' 25.6 If Tenant intentionally violates this provision or Mayoral Executive Order No. 05-1 prior to the Closing, the City may elect to decline to close the transaction contemplated by this Lease. 25.7 For purposes of this provision; (a) "Bundle" means to collect contributions from more than one source, which contributions are then delivered by one person to the Mayor or to his political fundraising committee. (b) "Other Contract" means any other agreement with the City to which Tenant is a party that is (i) formed under the authority of Chapter 2-92 of the Municipal Code; (ii) entered into for the purchase or lease of real or personal property; or (iii) for materials, supplies, equipment or services which are approved or authorized by the City Council. (c) "Contribution" means a "political contribution" as defined in Chapter 2-156 ofthe Municipal Code, as amended. (d) Individuals are "domestic partners" if they satisfy the following criteria: (i) they are each other's sole domestic partner, responsible for each other's common welfare; and (ii) neither party is married; and (iii) the partners are not related by blood closer than would bar marriage in the State of Illinois; and (iv) each partner is at least 18 years of age, and the partners are the same sex, and the partners reside at the same residence; and (v) two of the following four conditions exist for the partners: (1) The partnoro have been reoiding together for at leaot 12 montho. (2) The partners have common or joint ownership of a residence. 67830 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (3) The partners have at least two of the following arrangements; (A) joint ownership of a motor vehicle; (B) joint credit account; (C) a joint checking account; (D) a lease for a residence identifying both domestic partners as tenants. (4) Each partner identifies the other partner as a primary beneficiary in a will. (e) "Political fundraising committee" means a "political fundraising committee" as defined in Chapter 2-156 ofthe Municipal Code, as amended. SECTION 26. WASTE ORDINANCE PROVISIONS. In accordance with Section 11-4- 1600(e) of the Municipal Code, Tenant warrants and represents that it, and to the best of its knowledge, its contractors and subcontractors, have not violated and are not in violation of any provisions of Section 7-28 or Section 11-4 of the Municipal Code (the "Waste Sections"). During the period while this Lease is executory, a violation of the Waste Sections by Tenant, its general contractor or any subcontractor, whether or not relating to the performance of this Lease, constitutes a breach of and an event of default under this Lease, for which the opportunity to cure, if curable, will be granted only at the sole discrefion of the Chief Procurement Officer. Such breach and default entitles the City to all remedies under the Lease, at law or in equity. This secfion does not limit the duty of Tenant and its general contractor and subcontractors to comply with all applicable federal, state, county and municipal laws, statutes, ordinances and executive orders, in effect now or later, and whether or not they appear in this Lease. Non compliance with these terms and conditions may be used by the City as grounds for the terminafion of this Lease, and may further affect Tenant's eligibility for future contract awards. SECTION 27. COOPERATION WITH INSPECTOR GENERAL AND OFFICE OF COMPLIANCE. In accordance with Chapter 2-26-110 et seq. ofthe Municipal Code, Tenant acknowledges that every officer, employee, department and agency of the City shall be obligated to cooperate with the Office of the Inspector General and the Executive Director of the Office of Compliance in connection with any activities undertaken by such office with respect to this Lease, including, without limitation, making available to the Inspector General and Compliance the department's Property, equipment, personnel, books, records and papers. Tenant agrees to abide by the provisions of Chapter 2-26-110 et seq. SECTION 28. DEVELOPER'S EMPLOYMENT OBLIGATIONS. 28.1 Employment Opportunity. Tenant agrees, and shall contractually obligate its various contractors, subcontractors and any affiliate of Tenant operating on the Property (collectively, the "Employers" and individually, an "Employer") to agree, that with respect to the provision of services in connection with the construction of the Project: (a) Neither Tenant nor any Employer shall discriminate against any employee UI ci|J|jlioc>i ll Toi cinploymont L/ooctJ upon raoc, religion, color, oex, national origin or ancestry, age, handicap or disability, sexual orientafion, military discharge status, marital status, parental status or source of income as defined in the City of Chicago Human 7/29/2009 REPORTS OF COMMITTEES 67831 Rights Ordinance, Section 2-160-010 et seq. of the Municipal Code, as amended from time to time (the "Human Rights Ordinance"). Tenant and each Employer shajl take affirmative action to ensure that applicants are hired and employed without discrimination based upon the foregoing grounds, and are treated in a non-discriminatory manner with regard to all job-related matters, including, without limitation; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Tenant and each Employer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. In addition. Tenant and each Employer, in all solicitations or advertisements for employees, shall state that all qualified applicants shall receive consideration for employment without discrimination based upon the foregoing grounds. (b) To the greatest extent feasible. Tenant and each Employer shall (i) present opportunities for training and employment of low and moderate income residents of the City, and (ii) provide that contracts for work in connecfion with the construcfion of the Project be awarded to business concerns which are located in or owned in substantial part by persons residing in, the City. (c) Tenant and each Employer shall comply with all federal, state and local equal employment and affirmative action statutes, rules and regulations, including, without limitation, the Human Rights Ordinance and the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq. (1993), both as amended from fime to fime, and any regulations promulgated thereunder. (d) Tenant, in order to demonstrate compliance with the terms of this Section 28.1. shall cooperate with and promptly and accurately respond to inquiries by the City, which has the responsibility to observe and report compliance with equal employment opportunity regulations of federal, state and municipal agencies. (e) Tenant and each Employer shall cause or require the foregoing provisions of this Secfion 28.1 to be included in all construction contracts and subcontracts related to the construction of the Project, and every agreement with any affiliate operafing on the Property, so that each such provision shall be binding upon each contractor, subcontractor or affiliate, as the case may be. (f) Failure to comply with the employment obligafions described in this Section 28.1 shall be a basis for the City to pursue remedies under the provisions of Section 18. 28.2 Citv Resident Employment Requirement (a) Tenant agrees, and shall contractually obligate each Employer to agree, that during the construction of the Project, Tenant and each Employer shall comply with the minimum percentage of total worker hours performed by actual residents of the City of Chicago as specified in Section 2-92-330 of the Municipal Code (at least fifty percent); provided, however, that in addition to complying with this percentage. Tenant and each Employer shall be required to make good faith efforts to utilize qualified residents of the City of Chicago in both unskilled and skilled labor positions. 67832 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (b) Tenant and each Employer may request a reducfion or waiver of this minimum percentage level of Chicagoans as provided for in Section 2-92-330 of the Municipal Code in accordance with standards and procedures developed by the chief procurement officer of the City. (c) "Actual residents of the City of Chicago" shall mean persons domiciled within the City of Chicago. The domicile is an individual's one and only true, fixed and permanent home and principal establishment. (d) Tenant and each Employer shall provide for the maintenance of adequate employee residency records to ensure that actual Chicago residents are employed on the construction of the Project. Tenant and each Employer shall maintain copies of personal documents supportive of every Chicago employee's actual record of residence. (e) Tenant and each Employer shall submit weekly certified payroll reports (U.S. Department of Labor Form WH-347 or equivalent) to DCD in triplicate, which shall identify cleariy the actual residence of every employee on each submitted certified payroll. The first time that an employee's name appears on a payroll, the date that Tenant or Employer hired the employee should be written in after the employee's name. (f) Tenant and each Employer shall provide full access to their employment records to the chief procurement officer, DCD, the Superintendent of the Chicago Police Department, the inspector general, or any duly authorized representative thereof Tenant and each Employer shall maintain all relevant personnel data and records for a period of at least three (3) years after the completion of construction of the Project. (g) At the direcfion of DCD, Tenant and each Employer shall provide affidavits and other supporting documentation to verify or clarify an employee's actual address when doubt or lack of clarity has arisen. (h) Good faith efforts on the part of Tenant or any Employer to provide work for actual Chicago residents (but not sufficient for the granting of a waiver request as provided for. in the standards and procedures developed by the chief procurement officer) shall not suffice to replace the actual, verified achievement of the requirements of this Secfion 28.2 concerning the worker hours performed by actual Chicago residents. (i) If the City determines that Tenant or an Employer failed to ensure the fulfillment of the requirements of this Section 28.2 concerning the worker hours performed by actual Chicago residents or failed to report in the manner as indicated above, the City will thereby be damaged in the failure to provide the benefit of demonstrable employment to Chicagoans to the degree stipulated in this Section 28.2. If such non-compliance is not remedied in accordance with the breach and cure provisions of Secfion 18. the parties agree that 1/20 of 1 percent (.05%) ofthe aggregate hard construction costs set forth in the final construction budget for the Project ("Budget") shall be surrendered by Tenant to the City in payment for each percentage of shortfall toward the stipulated residency requirement. Failure to report the residency of employees entirely and correctly shall result in the surrender of the enfire liquidated damages as if no Chicago residents were employed in either of the categories. The willful falsification of statements and the certification of payroll data may subject I enant and/or the other Employers or employees to prosecution. 7/29/2009 REPORTS OF COMMITTEES 67833 (j) Nothing herein provided shall be construed to be a limitation upon the "Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity, Execufive Order 11246" and "Standard Federal Equal Employment Opportunity, Executive Order 11246," or other affirmative acfion required for equal opportunity under the provisions of this Lease. (k) Tenant shall cause or require the provisions of this Section 28.2 to be included in all construction contracts and subcontracts related to the construction of the Project. 28.3 Tenant's MBE/WBE Commitment. Tenant agrees for itself and its successors and assigns, and, if necessary to meet the requirements set forth herein, shall contractually obligate the general contractor to agree, that during the construction of the Project; (a) Consistent with the findings which support, as applicable, (i) the Minority- Owned and Women-Owned Business Enterprise Procurement Program, Secfion 2-92- 420 e^ seq., Municipal Code (the "Procurement Program"), and (ii) the Minority- and Women-Owned Business Enterprise Construction Program, Secfion 2-92-650 et seq., Municipal Code (the "Construcfion Program," and collectively with the Procurement Program, the "MBE/WBE Program"), and in reliance upon the provisions of the MBE/WBE Program to the extent contained in, and as qualified by, the provisions of this Section 28.3. during the course of construction of the Project, at least 24% of the aggregate hard construction costs, as set forth in Exhibit H hereto (the "MBE/WBE Budget") shall be expended for contract participation by minority-owned businesses and at least 4% of the MBE/WBE Budget shall be expended for contract participafion by women-owned businesses. The costs ofthe inverters and photovoltaic modules shall not be included in the hard construction costs of the Project for purposes of this Section 28.3. (b) For purposes of this Secfion 28.3 only; (i) Tenant (and any party to whom a contract is let by Tenant in connection with the Project) shall be deemed a "contractor" and this Lease (and any contract let by Tenant in connection with the Project) shall be deemed a "contract" or a "construction contract" as such terms are defined in Sections 2-92- 420 and 2-92-670, Municipal Code, as applicable. (ii) The term "minority-owned business" or "MBE" shall mean a business identified in the Directory of Certified Minority Business Enterprises published by the City's Department of Procurement Services, or otherwise certified by the City's Department of Procurement Services as a minority-owned business enterprise, related to the Procurement Program or the Construction Program, as applicable. (iii) The term "women-owned business" or "WBE" shall mean a business identified in the Directory of Certified Women Business Enterprises published by the City's Department of Procurement Services, or otherwise certified by the City's Department of Procurement Services as a women-owned business enterprise, related to the Procurement Program or the construction Program, as applicable. 67834 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (c) Consistent with Sections 2-92-440 and 2-92-720 of the Municipal Code, Tenant's MBE/WBE commitment may be achieved in part by Tenant's status as an MBE or WBE (but only to the extent of any actual work performed on the Project by Tenant) or by a joint venture with one or more MBEs or WBEs (but only to the extent of the lesser of (i) the MBE or WBE participation in such joint venture, or (ii) the amount of any actual work performed on the Project by the MBE or WBE); by Tenant ufilizing a MBE or a WBE as the general contractor (but only to the extent of any actual work performed on the Project by the general contractor); by subcontracfing or causing the general contractor to subcontract a portion of the construction of the Project to one or more MBEs or WBEs; by the purchase of materials or services used in the construcfion of the Project from one or more MBEs or WBEs; or by any combination of the foregoing. Those entities which constitute both a MBE and a WBE shall not be credited more than once with regard to Tenant's MBE/WBE commitment as described in this Section 28.3. In accordance with Section 2-92-730 of the Municipal Code, Tenant shall not substitute any MBE or WBE general contractor or subcontractor without the prior written approval of DCD. (d) Tenant shall deliver quarterty reports to DCD's monitoring staff during the construction of the Project describing its efforts to achieve compliance with this MBE/WBE commitment. Such reports shall include, inter alia, the name and business address of each MBE and WBE solicited by Tenant or the general contractor to work on the Project, and the responses received from such solicitation, the name and business address of each MBE or WBE actually involved in the construction of the Project, a description of the work performed or products or services supplied, the date and amount of such work, product or service, and such other information as may assist the City's monitoring staff in determining Tenant's compliance with this MBE/WBE commitment. Tenant shall maintain records of all relevant data with respect to the ufilization of MBEs and WBEs in connection with the construction of the Project for at least five (5) years after complefion of the Project, and the City's monitoring staff shall have access to all such records maintained by Tenant, on prior nofice of at least five (5) business days, to allow the City to review Tenant's compliance with its commitment to MBE/WBE participafion and the status of any MBE or WBE performing any portion of the construction of the Project. (e) Upon the disqualification of any MBE or WBE general contractor or subcontractor, if the disqualified party misrepresented such status. Tenant shall be obligated to discharge or cause to be discharged the disqualified general contractor or subcontractor, and, if possible, identify and engage a qualified MBE or WBE as a replacement. For purposes of this subsection (e), the disqualification procedures are further described .in Sections 2-92-540 and 2-92-730 of the Municipal Code, as applicable. (f) Any reduction or waiver of Tenant's MBE/WBE commitment as described in this Section 28.3 shall be undertaken in accordance with Sections 2-92-450 and 2-92- 730 of the Municipal Code, as applicable. 28.4 Pre-Construction Conference and Post-Closing Compliance Requirements. Prior to the Commencement Date, Tenant and Tenant's general contractor and ail major subcontractors shall meet with DCD monitonng stan regaroing compliance wiin dii ocuiun 20 requirements. During this pre-construction meeting. Tenant shall present its plan to achieve its obligations under this Section 28. the sufficiency of which DCD's monitoring staff shall approve. 7/29/2009 REPORTS OF COMMITTEES 67835 During the construction of the Project, Tenant shall submit all documentafion required by this Section 28 to DCD's monitoring staff, including, without limitation, the following: (a) subcontractor's activity report; (b) contractor's certification concerning labor standards and prevailing wage requirements; (c) contractor letter of understanding; (d) monthly utilizafion report; (e) authorization for payroll agent; (f) certified payroll; (g) evidence that MBE/WBE contractor associations have been informed of the Project via written notice and hearings; and (h) evidence of compliance with job creation/job retenfion requirements. Failure to submit such documentation on a timely basis, or a determination by DCD's monitoring staff, upon analysis of the documentation, that Tenant is not complying with its obligations under this Section 28, shall, upon the delivery of written notice to Tenant, be deemed an Event of Default. Upon the occurrence of any such Event of Default, in addition to any other remedies provided in this Lease, the City may; (x) issue a written demand to Tenant to halt construction of the Project, (y) withhold any further payment of any City funds to Tenant or the general contractor, or (z) seek any other remedies against Tenant available at law or in equity. SECTION 29. PUBLIC BENEFITS. 29.1 Demonstration Site. The City and Tenant hope that the Project will attract national attenfion and serve as a demonstrafion site for the feasibility of large-scale urban solar power. Tenant agrees to open the site to visitors, but shall have sole and absolute discrefion in determining when and how frequently to schedule visits. In particular. Tenant agrees to work with, or cause Sunpower to work with, the City, its sister agencies and other public and private cultural institutions to schedule educational visits to the Project site. Tenant shall install an interpretive display on.the Project site, illustrafing the basics of solar technology and the ecological benefits of the PV Array. 29.2 Real Time Monitoring. Tenant shall develop and maintain, or cause Sunpower to develop and maintain, a web site to make data on the performance of the Project available to the public. 29.3 Solar Installafions. Tenant shall require Sunpower to design, purchase and install a total of 10 kW of grid-connected solar photovoltaic power systems on the rooftops of four to six public schools, non-profit facilities and/or low-income apartment or condominium buildings in the neighborhoods surrounding the Project. DCD will have sole authority to select the buildings to receive the solar energy systems, subject to Sunpower's approval of rooftop suitability for solar system installation. The installafions will serve as hands-on training for Chicago community college students exploring career tracks in the solar industry. 29.4 Reporting. Tenant shall submit an annual report to DCD describing the implementation of the foregoing initiatives and any other public benefits associated with the Project, including job training. SECTION 30. MISCELLANEOUS. 30.1 Notices. Any nofice, demand or communicafion required or permitted to be given hereunder shall be given in wrifing at the addresses set forth below by any of the following means: (a) personal service; (b) facsimile; (c) overnight courier; or (d) registered or certified first class mail, postage prepaid, return receipt requested: If to the City: City of Chicago Department of Community Development 67836 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 121 North LaSalle Street, Room 1003 Chicago, Illinois 60602 City of Chicago Department of General Services Office of Real Estate Management 30 North LaSalle Street, Suite 3700 Chicago, Illinois 60602 With a copy to; City of Chicago Department of Law 121 North LaSalle Street, Suite 600 Chicago, Illinois 60602 Attn; Real Estate and Land Use Division If to Tenant; Exelon Solar Chicago LLC 4300 Winfield Road Warrenville, Illinois 60555 With a copy to; Exelon Business Services Company, LLC Legal Department, 49"^ Floor 10 South Dearborn Street Chicago, IL 60603 Attn; Deputy General Counsel - Corporate and Commercial Any notice, demand or communicafion given pursuant to either clause (a) or (b) hereof shall be deemed received upon such personal service or upon confirmed transmission by facsimile, respectively, provided that such facsimile transmission is confirmed as having occurred prior to 5:00 p.m. on a business day. If such transmission occurred after 5:00 p.m. on a business day or on a non-business day, it shall be deemed to have been given on the next business day. Any nofice, demand or communication given pursuant to clause (c) shall be deemed received upon receipt of such notice. . Any notice, demand or communicafion sent pursuant to clause (d) shall be deemed received upon receipt of such notice. The parties, by notice given hereunder, may designate any further or different addresses to which subsequent notices, demands or communications shall be given. The refusal to accept delivery by any party or the inability to deliver any communication because of a changed address of which no notice has been given in accordance with this Section 28.1 shall constitute delivery. 30.2 Severability. If any term of this Lease or any application thereof is held invalid or unenforceable, the remainder of this Lease shall be construed as if such invalid part were never included herein and this Lease shall be and remain valid and enforceable to the fullest extent permitted by law. 30.3 Governing Law. This Lease shall be construed and enforced in accordance with the taws ofthe State of Illinois. 30.4 Entire Lease. This Lease constitutes the entire agreement between the parties with rpsoect to the subject matter hereof and supersedes any prior agreements, negofiations and discussions. This Lease may not be modified or amended in any manner without the prior written consent of the parties hereto. No term of this Lease may be waived or discharged orally 7/29/2009 REPORTS OF COMMITTEES 67837 or by any course of dealing, but only by an instrument in writing signed by the party benefited by such term. 30.5 Headings. The headings of the various sections and subsections of this Lease have been inserted for convenience of reference only and shall not in any manner be construed as modifying, amending or affecting in any way the express terms and provisions hereof. 30.6 Binding Effect of Lease. The covenants, agreements, and obligations contained in this Lease shall extend to, bind, and inure to the benefit of the parties hereto and their legal representatives, heirs, successors, and assigns. 30.7 Time is of the Essence. Time is of the essence of this Lease and of each and every provision hereof. 30.8 No Principal/Agent or Partnership Relationship. Nothing contained in this Lease shall be deemed or construed by the parties hereto or by any third party as creating the relafionship of principal and agent or of partnership or of joint venture between the parties hereto. 30.9 Authorization to Execute Lease. The parties executing this Lease hereby represent and warrant that they are duly authorized and acting representatives of the City and Tenant respectively and that by their execution of this Lease, it became the binding obligation of the City and Tenant respectively, subject to no contingencies or conditions except as specifically provided herein. 30.10 Force Majeure. Neither the City nor Tenant shall be considered in breach of its obligations under this Lease in the event of a delay due to unforeseeable events or condifions beyond the reasonable control of the party affected which in fact interferes with the ability of such party to discharge its obligations hereunder, including, without limitation, fires, floods, strikes, shortages of material and unusually severe weather or delays of subcontractors due to such causes. The time for the performance of the obligations shall be extended for the amount of time the party is so delayed. 30.11 Condemnation. If the whole or any substantial part of the Property are taken or condemned by any competent authority for any public use or purpose, or if any adjacent property or street shall be so condemned or improved in such a manner as to require the use of any part of the Property, the term of this Lease shall, at the option of City or the condemning authority, be terminated upon, and not before, the date when possession of the part so taken shall be required for such use or purpose, and City shall be entitled to receive the entire award without apportionment with Tenant. 30.12 No Brokers. The City and Tenant warrant to the other that neither of them has had any dealings with any broker or agent in connection with the transactions contemplated hereby. 30.13 Counterparts. This Lease may be executed in any number of counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute a single, integrated instrument. 67838 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 30.14 Date for Performance. If the final date of any time period set forth herein falls on a Saturday, Sunday or legal holiday under the laws of Illinois or the United States of America, then such time period shall be automatically extended to the next business day. 30.15 Exhibits. All exhibits referred to herein and attached hereto shall be deemed part of this Lease. 30.16 No Waiver. No waiver by the City with respect to any specific default by Tenant shall be deemed to be a waiver of the rights of the City with respect to any other defaults of Tenant, nor shall any forbearance by the City to seek a remedy for any breach or default be deemed a waiver of its rights and remedies with respect to such breach or default, nor shall the City be deemed to have waived any of its rights and remedies unless such waiver is in wnting. 30.17 Successors and Assigns. Except as otherwise provided in this Lease, the terms and conditions of this Lease shall apply to and bind the successors and assigns of the parties. 30.18 Amendments. From time to time, the parties hereto may amend any provisions of this Lease reasonably related to Tenant's use of the Property or the City's administration of the agreement; provided, however, such amendments may not extend the Lease Term or otherwise materially alter the essential provisions contained herein. Such amendments shall be in writing, shall establish the factual background necessitating such alterafion, and shall be duly executed by both the City and Tenant. Such amendments shall only take effect upon execufion by both parties. Upon execution, such amendments shall become a part of this Lease and all other provisions of this Lease shall remain in full force and effect. 30.19 Memorandum of Lease. The parties agree to execute and record a Memorandum of Lease sufficient in form and substance to induce Chicago Title Insurance Company to issue a Leasehold Title Policy insuring Tenant's interest in the Property created by this Lease. 30.20 Remediation Documents. The City represents and warrants to Tenant that the documents listed in Exhibit D hereto constitute all of the documents in the City's possession concerning the environmental condition of the Property. This representation and warranty is limited to the knowledge of David Graham and Kimberiy Worthington. 30.21 Guaranty. Tenant shall deliver to the City concurrentiy with the execution of this Lease the Guaranty contained in Exhibit J properiy executed by Exelon Generation Company, LLC, a Pennsylvania limited liability company. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. CITY: CITY OF CHICAGO, an Illinois municipal corporation By:_ Mark Maloney Acting Commissioner Department of General Services 7/29/2009 REPORTS OF COMMITTEES 67839 By:. Christine Raguso Acting Commissioner Department of Community Development TENANT: EXELON SOLAR CHICAGO, LLC, a Delaware limited liability company By: Print Name: Title: Approved as to form: Deputy Corporation Counsel Real Estate Division [(Sub)Exhibit "A" referred to in this Ground Lease with Exelon Solar Chicago, L.L.C. constitutes Exhibit "B" to ordinance and printed on pages 67796 through 67799 of this Journal.] [(Sub)Exhibits "B", "C", "D", "F", "H" and "I" referred to in this Ground Lease with Exelon Solar Chicago, L.L.C. unavailable at time of printing.] (Sub)Exhibits "E", "G" and "J" referred to in this Ground Lease with Exelon Solar Chicago, L.L.C. read as follows; 67840 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Sub)Exhibit "E". (To Ground Lease With Exelon Solar Chicago, L.L.C.) Legal Description Of Property Subject To Height Restrictions (Former Dutch Boy Site). (Subject To Final Survey And Titie Commitment) Address: Property Identification Number: 25-29-203-002-0000. (Sub)Exhibit "G". (To Ground Lease With Exelon Solar Chicago, L.L.C.) Insurance Requirements. (a) Workers' Compensation And Employer's Liability Insurance. Workers' Compensation and Employer's Liability Insurance and Occupational Disease Insurance, as prescribed by applicable law, covering all Tenant's employees and Employer's Liability coverage with limits of not less than Five Hundred Thousand Dollars ($500,000) each accident or illness. (b) Commercial Liability Insurance (Primary And Umbrella). Commercial Liability Insurance or equivalent with limits of not less than Two Million Dollars ($2,000,000) per occurrence, for bodily injury, personal injury, and property damage liability. Coverage extensions shall include the following; All premises and operations, products/completed operations, defense, separation of insureds, and contractual liability (with no limitation endorsement). The City of Chicago, its employees, elected officials, agents, and representatives are to be named as additional insureds on a primary, noncontributory basis for any liability arising directly or indirectly from the Lease, 7/29/2009 REPORTS OF COMMITTEES 67841 (c) Automobile Liability Insurance (Primary And Umbrella). When any motor vehicles (owned, non-owned and hired) are used in connection with work to be performed. Tenant shall provide Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, for bodily injury and property damage. (d) All Risk Property Insurance. All risk property insurance coverage shall be maintained by Tenant for full replacement value to protect against loss, damage to or destruction of property. The policy shall list the City of Chicago as loss payee. Tenant shall be responsible for all loss or damage to personal property (including but not limited to materials, equipment, tools and supplies), owned or rented by Tenant. (e) All Risk Builders Risk Insurance. When Tenant undertakes any construction, including improvements, betterments, and/or repairs, Tenant shall provide All Risk Builders Risk Insurance, at replacement cost, for materials, supplies, equipment, machinery and fixtures that are or will be part of the permanent facility. Coverage shall include but not be limited to the following; right to partial occupancy, earth movement, flood including surface water backup and sewer backup and seepage. The City of Chicago shall be named as loss payee. (f) Valuable Papers. When any plans, designs, drawings, specifications, media, data, records, reports, and other documents are produced or used under this Lease, Valuable Papers Insurance shall be maintained in an amount to insure against any loss whatsoever, and shall have limits sufficient to pay for the recreation and reconstruction of such records. (g) Contractor's Pollution Liability Insurance. From and after the Commencement Date, when any work is performed by Tenant which may reasonably be expected to impact or exacerbate any Pre-existing Environmental Conditions, Tenant shall procure a Contractor's Pollution Liability Insurance policy with limits of not less than One Million Dollars ($1,000,000) per occurrence and covering bodily injury, property damage and other losses. Coverage shall include, at a minimum, completed operations, contractual liability, defense, excavation, environmental cleanup, remediation and disposal. When a policy is renewed or replaced, the policy retroactive date must coincide with, or precede, the start of work under this Lease. A claims-made policy that is not renewed or replaced 67842 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 must have an extended reporting period of two (2) years. The City of Chicago shall be named as an additional insured with respect to such coverage on a primary, noncontributory basis. (h) Excess Liability Insurance shall be maintained with limits not less than Ten Million Dollars ($10,000,000). The City of Chicago is to be named as an additional insured on a primary, noncontributory basis. (i) Professional Liability Insurance shall be maintained with limits not less than Two Million Dollars ($2,000,000). The policy shall have an extended reporting period of two (2) years. Other Terms Of Insurance. Tenant will furnish the City of Chicago, Department of General Services, Office of Real Estate Management, Suite 3700, 30 North LaSalle Street, Chicago, Illinois 60602, original Certificates of Insurance evidencing the required coverage to be in force on the Commencement Date, and Renewal Certificates of Insurance, or such similar evidence, if the coverages have an expiration or renewal date occurring during the Lease Term, or a letter of self-insurance. The receipt of any certificates does not constitute agreement by the City that the insurance requirements in the Lease have been fully met or that the insurance polices indicated on the certificate are in compliance with all Lease requirements. The failure ofthe City to obtain certificates or other insurance evidence from Tenant shall not be deemed to be a waiver by the City. Tenant shall advise all insurers of the Lease provisions regarding insurance. Nonconforming insurance shall not relieve Tenant of its obligation to provide insurance as specified herein. Nonfulfillment of the insurance conditions may constitute a violation of the Lease, and the City retains the right to terminate the Lease until proper evidence of insurance is provided. The insurance shall provide for sixty (60) days' prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non-renewed. Any and all deductibles or self-insured retentions on referenced insurance coverages shall be borne by Tenant. Tenant agrees that insurers shall waive their rights of subrogation against the City of Chicago, its employees, elected officials, agents or representatives. Tenant expressly understands and agrees that any coverages and limits furnished by Tenant shall in no way limit Tenant's liabilities and responsibilities specified within the Lease or by law. 7/29/2009 REPORTS OF COMMITTEES 67843 Tenant expressly understands and agrees that any insurance or self-insurance programs maintained by the City of Chicago shall apply in excess of and not contribute with insurance provided by Tenant under the Lease. The required insurance shall not be limited by any limitations expressed in the indemnification language herein or any limitation placed on the indemnity therein given as a matter of law. The City of Chicago, Department of Finance, Office of Risk Management, maintains the rights to modify, delete, alter or change these requirements. (Sub) Exhibit "J". (To Ground Lease With Exelon Solar Chicago, L.L.C.) Guaranty. In consideration of, and as an inducement for the granting, execution and delivery of the foregoing Ground Lease dated, 2009 (the "Lease"), by the City of Chicago, an Illinois municipal corporation (the "City"), to Exelon Solar Chicago L.L.C, a Delaware limited liability company, the Tenant therein named (the "Tenant"), and in further consideration ofthe sum of One and no/100 Dollars ($1.00) and other good and valuable consideration paid by the City to the undersigned, Exelon Generation Company, L.L.C, a Pennsylvania limited liability company (the "Guarantor"), hereby guarantees as to the City, its successors and assigns, the full and prompt payment of Rent (as defined in the Lease) and other sums and charges payable by Tenant, its successors and assigns, under the Lease, and full performance and observance of all covenants, terms, condifions and agreements therein provided to be performed and observed by Tenant, its successors and assigns; and the Guarantor hereby covenants and agrees that if default shall at any time be made by Tenant, its successors and assigns, in the payment of any such Rent or additional sums and charges payable by Tenant under said Lease, or in the performance of any of the terms, covenants, provisions or conditions contained in said Lease, the Guarantor will forthwith pay such Rent and additional sums and charges to the City, its successors and assigns, and any arrearage thereof, and will forthwith faithfully perform and fulfill all of such terms, covenants, conditions and provisions and will forthwith pay to the City all damages that may arise in consequence of any default by Tenant, its successors and assigns, under the Lease including, without limitation, all reasonable attorney's fees incurred by the City or caused by any such default and by the enforcement of this Guaranty. This Guaranty is an absolute, continuing and unconditional Guaranty of payment and of performance; provided, however, the Guaranty of payment ofthe fixed annual Rent (but no other sums or charges payable by Tenant under the Lease) shall terminate as to future payments upon Tenant's surrender and delivery of possession of the Property to the City. This Guaranty shall be enforceable against the Guarantor, its successors and assigns, 67844 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 without the necessity for any suit or proceedings on the City's part against Tenant, its successors and assigns. The Guarantor hereby expressly agrees that the validity of this Guaranty and the obligations of the Guarantor hereunder shall in no way be terminated, affected, diminished or impaired by reason of (a) the assertion or the failure to assert by the City against Tenant of any of the rights or remedies reserved to the City pursuant to the terms, covenants and conditions of the Lease, or (b) any non-liability of Tenant under the Lease, whether by insolvency, discharge in bankruptcy, or any other defect or defense which may now or hereafter exist in favor of Tenant other than defects or defenses based on the City's default under the Lease. The Guaranty shall be a continuing Guaranty, and the liability ofthe Guarantor hereunder shall in no way be affected, modified or diminished by reason of any assignment, renewal, modification or extension of the Lease or by reason of any modificafion or waiver of or change in any of the terms, covenants, conditions or provisions of the Lease, or by reason of any extension of time that may be granted by the City to Tenant, its successors and assigns, or by reason of any dealings or transactions or matters or things occurring between the City and Tenant, its successors and assigns, whether or not notice thereof is given to the Guarantor; provided, however, the Guaranty of payment of the fixed annual Rent (but no other sums and charges payable by Tenant under the Lease) shall terminate as to future payments upon Tenant's surrender and delivery of possession of the Property to the City. This Guaranty cannot be assigned, transferred, modified, changed, altered or terminated in any manner whatsoever without the express written consent of the City. Dated; Exelon Generation Company, L.L.C, a Pennsylvania limited liability company By; Print Name; Title; RENEWAL OF LEASE AGREEMENT WITH METROPOLITAN PIER AND EXPOSITION AUTHORITY FOR CITY-OWNED PROPERTY AT 523 - 527 E. ILLINOIS ST. [SO2009-4248] The Committee on Housing and Real Estate submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: 7/29/2009 REPORTS OF COMMITTEES 67845 Your Committee on Housing and Real Estate, to which was referred an ordinance by the Department of General Services authorizing the execution of a lease agreement at 523 — 527 East Illinois Street, having the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed substitute ordinance transmitted herewith. This recommendation was concurred in by a vote of the members of the Committee present, with no dissenting votes. Respectfully submitted, (Signed) RAY SUAREZ, Chairman. On motion of Alderman Suarez, the said proposed substitute ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed: Be It Ordained by the City Council of the City Of Chicago: SECTION 1. The Commissioner of the Department of General Services is authorized to execute on behalf of the City of Chicago, as landlord, a lease renewal with the Metropolitan Pier and Exposition Authority, as tenant, for approximately ten thousand (10,000) square feet of vacant land of City-owned property located at 523 - 527 East Illinois Street for use by the Metropolitan Pier and Exposition Authority as parking for employees of the Metropolitan Pier and Exposition Authority; such lease to be approved as to form and legality by the Corporation Counsel in substantially the following form; [Lease Agreement immediately follows Section 2 of this ordinance.] SECTION 2. This ordinance shall be effective from and after the date of its passage and approval. Lease Agreement referred to in this ordinance reads as follows; 67846 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Lease Number 20171. This lease is made and entered into this day of , 2009 by and between, the City of Chicago, an Illinois municipal corporafion (herein referred to as "Landlord" or "City"), and the Metropolitan Pier and Exposition Authority, an Illinois municipal corporation (hereinafter referred to as "Tenant") whose offices are located at 301 East Cermak Road, Chicago, Illinois 60616. Recitals. Whereas, Landlord owns the real property located at 523 - 527 East Illinois Street, Chicago, Illinois 60611 (thirty-seven (37) parking spaces - the "Premises"); and Whereas, Tenant owns and operates the Navy Pier Complex located at 600 East Grand Avenue, Chicago, Illinois 60611 ("Navy Pier"); and Whereas, Landlord has agreed to lease to Tenant, and Tenant has agreed to lease from Landlord approximately ten thousand (10,000) square feet of vacant land (thirty-seven (37) parking spaces) located at 523 - 527 East Illinois Street, Chicago, Illinois, to be used by Tenant strictly for Tenant's employee vehicle parking during weekends, holidays and Special Event dates; Now, Therefore, In consideration ofthe covenants, terms and conditions set forth herein, the parties hereto agree and covenant as follows; Section 1. Grant Landlord hereby leases to Tenant the following described Premises situated in the City of Chicago, County of Cook, State of Illinois, to wit: approximately ten thousand (10,000) squarefeet of vacant land (thirty-seven (37) parking spaces) located at 523 - 527 East Illinois Street, Chicago, Illinois. Section 2. Term. The term of this lease ("Term") shall commence on the execution date ("Commencement Date"), and shall end on December 31, 2012, unless sooner terminated as set forth in the lease. Tenant shall occupy the Premises only on weekends (Saturdays and Sundays) and on the other dates listed in Exhibit A. Landlord shall retain exclusive possession and use of the Premises on all other days. 7/29/2009 REPORTS OF COMMITTEES 67847 Section 3. Rent, Taxes, And Utilities. 3.1 Rent. Tenant shall pay base rent for the Premises in the amount of; One and no/100 Dollars ($1.00) for the entire Term the receipt and sufficiency of said sum being herewith acknowledged by both parties. 3.2 Utilifies. If applicable. Tenant shall pay when due all charges for gas, electricity, water, sewer, light, heat, telephone, other communication, and any other utilities and charges that may be assessed on the Premises during, or as a result of, Tenant's occupancy of the Premises. 3.3 Taxes. Tenant acknowledges that Premises are exempt from leasehold, real estate, and other property taxes. Tenant shall pay when due any leasehold, real estate, and other property taxes assessed or levied on the subject Premises where attributable to Tenant's use of the Premises. Tenant shall notify the appropriate taxing body that Tenant is occupying the Premises. The appropriate taxing body shall determine the appropriate taxes, if any, that are to be assessed on the Premises as a result of Tenant's occupancy. Tenant shall thereafter contact the appropriate taxing body to ascertain the tax amount, if any, assessed on the subject Premises. Tenant shall pay such amounts and Tenant shall provide Landlord with proof of such payment within ten (10) days of such payment. Tenant further acknowledges that real estate taxes are one year in arrears in Cook County and that as a result Tenant shall be responsible for satisfaction of leasehold, real estate, and other property taxes assessed or levied on the subject Premises on account of Tenant's use for at least one year after Tenant vacates the Premises. Tenant's failure to pay any such taxes shall constitute a default underthis lease. Notwithstanding the foregoing, nothing herein shall preclude Tenant from contesting any charge or tax levied against the subject Premises. The failure of Tenant to pay such taxes during the pendency ofthe contest shall not constitute a default underthis lease. Tenant's tax responsibilities under this section shall survive the expiration, cancellation, or termination of this lease agreement. 3.4 Accord And Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than any installment or payment of the rent or taxes due hereunder shall be deemed to be other than on account of the amount due, and no endorsement of statement or any check or any letter accompanying any check or payment of rent shall be deemed an accord and satisfaction. Landlord may accept such check or payment without prejudice as to Landlord's right to 67848 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 recover the balance of such installment or payment to pursue any other remedies available to Landlord. Section 4. Condition And Enjoyment Of Premises, Alterations And Additions, Surrender. 4.1 Covenant Of Quiet Enjoyment. Landlord covenants and agrees that Tenant, upon paying the rent and upon observing and keeping the covenants, agreements and conditions of this lease on its part to be kept, observed and performed, shall lawfully enjoy the Premises (subject to the provisions of this lease) during the Term without hindrance or molestation by Landlord. 4.2 Tenant's Duty To Maintain Premises And Right Of Access. Tenant shall, at Tenant's expense, keep the Premises in a condition of good repair and order, and in compliance with all applicable provisions of the Municipal Code of Chicago, including but not limited to those provisions in Title 13 ("Building and Construction"), Title 14 ("Electrical Equipment and Installation"), and Title 15 ("Fire Prevention"), Title 10 and Title 17 ("Landscape Ordinance"). Landlord shall have the right of access to the Premises for the purpose of inspecting and making repairs to the Premises, provided that except in the case of emergencies, Landlord shall first give notice to Tenant of its desire to enter the Premises and will schedule its entry so as to minimize any interference with Tenant's use of Premises to prospective or actual workmen, or contractors, or as otherwise necessary in the operation or protection of the Premises. 4.3 Use Of The Premises. During the lease Term Tenant shall only have use ofthe Premises on weekends (Saturdays and Sundays), on the dates listed in Exhibit A, and on other Special Events dates as requested by Tenant and approved in writing by Landlord. Tenant shall have access to the Premises on these dates from 6:00 A.M. until 12:00 A.M.. During Tenant's use of the site the Premises shall be used exclusively as parking for Tenant's employees. Non-employees of Tenant will not be permitted use of the Premises for any purpose under this agreement. Parking will be on a first-come first-served basis. Tenant will reserve not less than six (6) parking spaces for Landlord's exclusive use at all times. Tenant shall not charge any fees for access to the Premises and shall receive no other payment for such access to the Premises. 7/29/2009 REPORTS OF COMMITTEES 67849 Tenant shall not use the Premises in a manner that would violate any law. Tenant further covenants not to do or suffer any waste or damage, comply in all respects with the laws, ordinances, orders, rules, regulations, and requirements of all federal, state and municipal governmental departments which may be applicable to the Premises or to the use or manner of use of the Premises, disfigurement or injury to any building or improvement on the Premises, or to fixtures and equipment thereof Any activities on the Premises shall not include direct or indirect participation or intervention in political campaigns on behalf of or in opposition to any candidate for public office. In addition. Tenant covenants that Tenant shall not use said Premises for any other political functions or for religious activities of any sort. Tenant agrees that in utilizing said Premises that it shall not discriminate against any member ofthe public because of race, creed, color, religion, sexual preference, or national origin, or other protected class. 4.4 Alterations And Additions. Tenant may not make any alterations, additions, and improvements to the Premises without the written consent of the Commissioner of the Department of General Services. Section 5. Assignment, Sublease, And Liens. 5.1 Assignment And Sublease. Tenant shall not assign this lease in whole or in part, or sublet the Premises or any part thereof. 5.2 Tenant's Covenant Against Encumbering Title. Tenant shall not do any act which shall in any way encumber the fee simple estate of Landlord in and to the leased premises, nor shall the interest or estate of Landlord in the leased Premises be in any way subject to any claim by way of lien or encumbrance, whether by operation of law or by virtue of any express or implied contract by Tenant any claim to, or lien upon, the leased Premises arising from any act or omission of Tenant shall accrue only against the leasehold estate of Tenant and shall be subject to and subordinate to the paramount title and rights of Landlord in and to the leased Premises. 5.3 Tenant's Covenant Against Liens. Tenant shall not permit the Premises to become subject to any mechanic's, laborer's, or materialmen's liens on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant. In case of any such lien attaching, Tenant shall immediately pay and remove such lien or furnish security or indemnify Landlord in a manner satisfactory to Landlord in its sole discretion to protect Landlord against any defense or expense arising from 67850 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 such lien. Except during any period in which Tenant appeals any judgment or obtains a rehearing of any such lien, or in the event judgment is stayed, Tenant shall immediately pay any judgment rendered against Tenant, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to pay and remove any lien or contest such lien in accordance herewith. Landlord, at its election, may pay and satisfy same, and all sums so paid by Landlord, with interest from the date of payment at the rate set at twelve percent (12%) per annum provided that such rate shall not be deemed usurious by any federal, state, or local law. Section 6. Insurance And Indemnification. 6.1 Insurance. The Tenant shall procure and maintain at all times, at Tenant's own expense, during the Term of this lease, the insurance coverages and requirements specified below, insuring all operations related to the lease. The kinds and amounts of insurance required are as follows: a) Workers' Compensation And Employer's Liability Insurance. Workers' Compensation and Employer's Liability Insurance, in accordance with the laws of the State of Illinois, or any other applicable jurisdiction, covering all employees and Employer's Liability coverage with limits of not less than Five Hundred Thousand Dollars ($500,000) each accident or illness. b) Commercial Liability Insurance (Primary And Umbrella). Commercial Liability Insurance or equivalent with limits of not less than Two Million Dollars ($2,000,000) per occurrence, for bodily injury, personal injury, and property damage liability. Coverage extensions shall include the following; all premises and operations, products/completed operations, defense, separation of insureds, and contractual liability (with no limitation endorsement). The City of Chicago, its employees, elected officials, agents, and representatives are to be named as additional insureds on a primary, noncontributory basis for any liability arising directly or indirectly from the lease. c) Automobile Liability Insurance (Primary And Umbrella). When any motor vehicles (owned, non-owned and hired) are used in connection with work to be performed, the Tenant shall provide Comprehensive Automobile Liability Insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence, for bodily injury and property damage. 7/29/2009 REPORTS OF COMMITTEES 67851 d) All Risk Property Insurance. All risk property insurance coverage shall be maintained by the Tenant for full replacement value to protect against loss, damage to or destruction of property. The policy shall list the City of Chicago as loss payee. The Tenant shall be responsible for all loss or damage to personal property (including but not limited to materials, equipment, tools and supplies), owned or rented, by the Tenant. 6.2 Other Terms Of Insurance. The Tenant will furnish to the City of Chicago, Department of General Services, Office of Real Estate Management, Suite 3700, 30 North LaSalle Street, Chicago, Illinois 60602, original Certificates of Insurance evidencing the required coverage to be in force on the date of this lease, and Renewal Certificates of Insurance, or such similar evidence, if the coverages have an expiration or renewal date occurring during the Term of this lease. The Tenant shall submit evidence on insurance prior to lease award. The receipt of any certificates does not constitute agreement by the Landlord that the insurance requirements in the lease have been fully met or that the insurance polices indicated on the certificate are in compliance with all lease requirements. The failure of the Landlord to obtain certificates or other insurance evidence from Tenant shall not be deemed to be a waiver by the Landlord. The Tenant shall advise all insurers of the lease provisions regarding insurance. Nonconforming insurance shall not relieve Tenant of its obligation to provide insurance as specified herein. Nonfulfillment ofthe insurance conditions may constitute a violation ofthe lease, and the Landlord retains the right to terminate the lease until proper evidence of insurance is provided. The insurance shall provide for thirty (30) days prior written notice to be given to the Landlord in the event coverage is substantially changed, canceled, or non-renewed. Any and all deductibles or self-insured retentions on referenced insurance coverages shall be borne by Tenant. The Tenant agrees that insurers shall waive their rights of subrogation against the City of Chicago, its employees, elected officials, agents or representatives. The Tenant expressly understands and agrees that any coverages and limits furnished by Tenant shall in no way limit the Tenant's liabilities and responsibilities specified within the lease documents or by law. The Tenant expressly understands and agrees that any insurance or self-insurance programs maintained by the City of Chicago shall apply in excess of and not contribute with insurance provided by the Tenant under the lease. The required insurance shall not be limited by any limitations expressed in the indemnification language herein or any limitation placed on the indemnity therein given as a matter of law. The City of Chicago, Department of Finance, Office of Risk Management, maintains the right to reasonably modify, delete, alter or change these requirements. 67852 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 6.3 Tenant's Indemnification. Tenant shall indemnify and hold Landlord harmless against all liabilities, judgment costs, damages, and expenses which may accrue against, be charged to, or be recovered from Landlord by reason of Tenant's negligent performance of or failure to perform any of its obligations underthis lease. 6.4 Additionally Insured. Tenant shall name the Landlord as an additional insured. Said coverage shall be evidenced on the Certificate of Insurance covering the subject premises. Section 7. Conflict Of Interest And Governmental Ethics. 7.1 Conflict Of Interest. No official or employee of the City of Chicago, nor any member of any board, commission or agency of the City of Chicago, shall have any financial interest (as defined in Chapter 2-156 of the Municipal Code), either direct or indirect, in the Premises; nor shall any such official, employee, or member participate in making or in any way attempt to use his/her position to influence any governmental decision or action with respect to this lease by the Landlord. 7.2 Duty To Comply With Governmental Ethics Ordinance. Landlord and Tenant shall comply with Chapter 2-156 of the Municipal Code of Chicago, "Governmental Ethics", including but not limited to Section 2-156-120, which states that no payment, gratuity, or offer of employment shall be made in connection with any City of Chicago contract, as an inducement for the award of that contract or order. Any contract or lease negotiated, entered into, or performed in violation of any of the provisions of Chapter 2-156 shall be voidable as to the City. Section 8. Holding Over 8.1 Any holding over by Tenant shall be construed to be a tenancy from month to month only beginning on January 1, 2013 and the rent shall be the same as listed in Section 3.1 of this lease. During such holding over all other provisions of this lease agreement shall remain in full force and effect. 7/29/2009 REPORTS OF COMMITTEES 67853 Section 9. Miscellaneous. 9.1 Nofice. All notices, demands and requests which may be or are required to be given, demanded or requested by either party to the other shall be in writing. All notices, demands and requests by Tenant to Landlord shall be delivered by national overnight courier or shall be sent by United States registered or certified mail, return receipt requested, postage prepaid addressed to Landlord as follows; City of Chicago Department of General Services Office of Real Estate Management 30 North LaSalle Street, Suite 300 Chicago, Illinois 60602 or at such other place as Landlord may from time to time designate by written notice to Tenant. All notices, demands, and requests by Landlord to Tenant shall be delivered by a national overnight courier or shall be sent by United States registered or certified mail, return receipt requested, postage prepaid, addressed to Tenant as follows; Metropolitan Pier and Exposition Authority 301 East Cermak Road Chicago, Illinois 60616 Attention; Chief Executive Officer with courtesy copies to; General Counsel Metropolitan Pier and Exposition Authority 301 East Cermak Road Chicago, Illinois 60616 or at such other place as Tenant may from time to time designate by written notice to Landlord. Any notice, demand or request which shall be served upon Tenant by Landlord, or upon Landlord by Tenant, in the manner aforesaid, shall be deemed to be sufficiently served or given for all purposes hereunder at the time such notice, demand or request shall be mailed. 9.2 Partial Invalidity. If any covenant, condition, provision, term or agreement of this lease shall, to any extent, 67854 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 be held invalid or unenforceable, the remaining covenants, conditions, provisions, terms and agreements of this lease shall not be affected thereby, but each covenant, condition, provision, term or agreement of this lease shall be valid and in force to the fullest extent permitted by law. 9.3 Governing Law. This lease shall be construed and be enforceable in accordance with the laws of the State of Illinois. 9.4 Entire Agreement. All preliminary and contemporaneous negotiations are merged into and incorporated in this lease. This lease contains the entire agreement between the parties and shall not be modified or amended in any manner except by an instrument in writing executed by the parties hereto. 9.5 Captions And Section Numbers. The captions and section numbers appearing in this lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections of this lease nor in any way affect this lease. 9.6 Binding Effect Of Lease. The covenants, agreements, and obligations contained in this lease shall extend to, bind, and inure to the benefit of the parties hereto and their legal representatives, heirs, successors, and assigns. 9.7 Time Is Of The Essence. Time is of the essence of this lease and of each and every provision hereof, 9.8 No Principal/Agent Or Partnership Relationship. Nothing contained in this lease shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto. 7/29/2009 REPORTS OF COMMITTEES 67855 9.9 Authorization To Execute Lease. The parties executing this lease hereby represent and warrant that they are duly authorized and acting representatives of Landlord and Tenant respectively and that by their execution of this lease, it became the binding obligation of Landlord and Tenant respectively, subject to no contingencies or conditions except as specifically provided herein. 9.10 Termination Of Lease. Landlord and/or Tenant shall have the right to terminate this lease by providing each other with thirty (30) days prior written notice at any time after the Commencement Date. 9.11 Force Majeure. When a period of time is provided in this lease for either party to do or perform any act or thing, the party shall not be liable or responsible for any delays due to strikes, lockouts, casualties, acts of God, wars, acts of terrorism, governmental regulation or control, and other causes beyond the reasonable control of the party, and in any such event the time period shall be extended for the amount of time the party is so delayed. 9.12 Tenant Default Tenant must adhere to all provisions of this lease. Failure of Tenant to adhere to all provisions of this lease will result in default. In the event of such default, Landlord will notify Tenant in writing as to the circumstances giving rise to such default. Upon written receipt of such notice. Tenant must cure such default within thirty (30) days. If Tenant does not cure such default within thirty (30) days, Landlord may cancel this lease with thirty (30) days written notice. 9.13 Amendments. From time to time, the parties hereto may amend this lease agreement with respect to any provisions reasonably related to Tenant's use of the Premises and/or Landlord's administration of said lease agreement. Provided, however, that such amendment(s) shall not serve to extend the lease Term hereof nor serve to otherwise materially alter the essential provisions contained herein. Such amendment(s) shall be in writing, shall establish the factual background necessitating such alteration, shall set forth the terms and conditions of such modification, and shall be duly executed by both Landlord and Tenant. Such amendment(s) shall only take effect upon execution by both parties. Upon execution, such amendment(s) shall become a part of this lease and all other provisions of this lease shall otherwise remain in full force and effect. 9.14 Prior Lease. Landlord and Tenant acknowledge and agree that the Tenant has leased and occupied the Premise under a Lease Number 20171 dated March 15, 2007. Landlord reserves the right to enforce any and all of Tenant's prior obligations pursuant to that lease agreement. 67856 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Section 10. Additional Responsibilities Of Tenant. 10.1 Maintenance. Tenant shall provide, at Tenant's expense, any and all reasonable service for maintenance of the Premises. Such responsibilities include, but are not limited to, maintenance of the electronic gate at all times during the lease Term. 10.2 Custodial Services. Tenant shall provide, at Tenant's expense, for reasonable custodial services which shall be construed as keeping the Premises clean and free of debris and replacing of light bulbs whenever necessary. 10.3 Condition On Surrender. Upon the termination or cancellation of this lease, Tenant shall surrender the Premises to the Landlord in a comparable or better condition to the condition of the Premises at the beginning of Tenant's occupancy, with normal wear and tear taken into consideration. 10.4 No Alcohol. Tenant agrees that no alcoholic beverages of any kind or nature shall be sold, given away or consumed on the Premises. 10.5 Tenant Inspection. Tenant agrees that Tenant has inspected the Premises and Tenant is satisfied with the physical condition thereof. 10.6 Illegal Activity. Tenant, or any of its agents or employees, shall not perform or permit any practice that is injurious to the Premises, is illegal, or increases the rate of insurance on the Premises. 10.7 Hazardous Materials. Tenant shall keep out ofthe Premises materials which cause a fire hazard or safety hazard 7/29/2009 REPORTS OF COMMITTEES 67857 and shall comply with reasonable requirements of Landlord's fire insurance carrier; not destroy, deface, damage, impair, nor remove any part ofthe Premises orfacilifies, equipment or appurtenances thereto and maintain the smoke detectors in the Premises in accordance with applicable law. 10.8 Security. Tenant acknowledges that Landlord shall have no security obligations relative to Tenant's use of the Premises. Tenant shall provide Premises checks on a daily basis. 10.9 Extermination Services. Tenant shall provide and pay for exterminator service whenever necessary. 10.10 Required Permitting. For any activity which Tenant desires to conduct on the Premises in which a license or permit is required, the license or permit must be obtained by Tenant prior to using the Premises for such activity. The City of Chicago must be notified of any such license or permit. Failure to obtain a required license or permit shall constitute a breach of this lease. 10.11 Employee Use Only. Only Tenant's employees shall be permitted use ofthe Premises. Failure to adhere to this directive shall constitute a material breach of this lease. 10.12 No Fee. Tenant shall not charge a fee to any of its employees for use of the Premises. 10.13 Badge Readers. Tenant shall provide Landlord with not less than six (6) gate badge readers for Landlord's exclusive use. 10.14 Tenant's Badge Readers. Upon lease termination or cancellation. Tenant shall remove Tenant's gate badge readers at no cost to Landlord. 67858 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 10.15 Landlord's Badge Readers. Upon lease termination or cancellation, Tenant shall reinstall Landlord's gate badge readers at no cost to Landlord. 10.16 Emergency Use Of Premises. In the event that either the Commissioner of the Department of General Services, or the Superintendent of Police, orthe Commissioner ofthe Department of Fire, orthe Director of the Office of Emergency Management and Communications, orthe Chief Emergency Officer determine that the subject Premises are required for use by the City, then Tenant shall vacate the Premises immediately until such time as such exigency has passed. 10.17 No Other Rights. This agreement does not give Tenant any other right with respect to the Premises. Any rights not specifically granted to Tenant by and through this document are reserved exclusively to Landlord. Execution of this agreement does not obligate Landlord in any manner and Landlord shall not undertake any additional duties or services at Landlord's sole discretion. In Witness Whereof, The Parties have executed this lease as of the day and year first above written. Landlord: City of Chicago, an Illinois municipal corporation By: The Department of General Services By: Commissioner Approved as to Form and Legality; By; The Department of Law By: Deputy Corporation Counsel, Real Estate Division 7/29/2009 REPORTS OF COMMITTEES 67859 Tenant; Metropolitan Pier And Exposition Authority, an Illinois municipal corporation By; Name: Its: Exhibit "A" referred to in this Lease Agreement with Metropolitan Pier and Exposition Authority reads as follows; Exhibit "A". (To Lease Agreement With Metropolitan Pier And Exposition Authority) List of Holidays for Metropolitan Pier arid Exposition Authority Use of 523 East Illinois Street; Dr. Martin Luther King, Jr.'s Birthday Lincoln's Birthday President's Day Pulaski Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Eve Last Week of December 67860 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Tenant shall also have access to the property on Special Event days. Special Events days shall be identified by Tenant and submitted to Landlord for approval during the Term of the lease. COMMITTEE ON HUMAN RELATIONS. APPOINTMENT OF HANADI ABUKHDEIR AS MEMBER OF COMMISSION ON HUMAN RELATIONS ADVISORY COUNCIL ARAB AFFAIRS. [A2009-63] The Committee on Human Relations submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Human Relations, having under consideration a communication from the Mayor appointing Hanadi Abukhdeir as a member of the Commission on Human Relations Advisory Council on Arab Affairs to a term effective immediately and expiring July 1, 2010, to succeed Dr. Maha Abboud, whose term has expired, begs leave to recommend that Your Honorable Body do Approve this appointment. This recommendation was concurred in by a viva voce vote of the Committee on Human Relations on July 22, 2009. Respectfully submitted, (Signed) THOMAS M. TUNNEY, Vice-Chairman. On motion of Alderman Tunney, the committee's recommendation was Concurred In and the said proposed appointment of Hanadi Abukhdeir as a member of the Commission on Human Relations Advisory Council on Arab Affairs was Approved by yeas and nays as follows; 7/29/2009 REPORTS OF COMMITTEES 67861 Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson Thomas, Lane, Rugai, Cochran, Brookins, Muiioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. APPOINTMENT OF ESTHER GRIEGO AS MEMBER OF COMMISSION ON HUMAN RELATIONS ADVISORY COUNCIL ON LATINO AFFAIRS. [A2009-67] The Committee on Human Relations submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Human Relations, having under consideration a communication from the Mayor appointing Esther Griego as a member of the Commission on Human Relations Advisory Council on Latino Affairs to a term effective immediately and expiring July 1, 2012, to succeed Jovanna C Canas, whose term has expired, begs leave, to recommend that Your Honorable Body do Approve this appointment. This recommendation was concurred in by a viva voce vote ofthe Committee on Human Relations on July 22, 2009. Respectfully submitted, (Signed) THOMAS M. TUNNEY, Vice-Chairman. On motion of Alderman Tunney, the committee's recommendation was Concurred In and the said proposed appointment of Esther Griego as a member of the Commission on Human Relations Advisory Council on Latino Affairs was Approved by yeas and nays as follows: 67862 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Muinoz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. APPOINTMENT OF ADRIANA B. MORALES AS MEMBER OF COMMISSION ON HUMAN RELATIONS ADVISORY COUNCIL ON LATINO AFFAIRS. [A2009-57] The Committee on Human Relations submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Human Relations, having under consideration a communication from the Mayor appointing Adriana B. Morales as a member of the Commission on Human Relations Advisory Council on Latino Affairs to a term effective immediately and expiring July 1, 2012, to succeed Susana Gonzales, whose term has expired, begs leave to recommend that Your Honorable Body do Approve this appointment. This recommendation was concurred in by a viva voce vote ofthe Committee on Human Relations on July 22, 2009. Respectfully submitted, (Signed) THOMAS M. TUNNEY, Vice-Chairman. On motion of Alderman Tunney, the committee's recommendation was Concurred In and the said proposed appointment of Adriana B. Morales as a member of the Commission on Human Relations Advisory Council on Latino Affairs was Approved by yeas and nays as follows; 7/29/2009 REPORTS OF COMMITTEES 67863 Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Muiioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. APPOINTMENT OF MIRTHA E. QUINTANA-TOOMEY AS MEMBER OF COMMISSION ON HUMAN RELATIONS ADVISORY COUNCILON LATINO AFFAIRS. [A2009-58] The Committee on Human Relations submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Human Relations, having under consideration a communication from the Mayor appointing Mirtha E. Quintana-Toomey as a member of the Commission on Human Relations Advisory Council on Latino Affairs to a term effective immediately and expiring July 1,2012, to succeed Hilda Perez, whose term has expired, begs leave to recommend that Your Honorable Body do Approve this appointment. This recommendation was concurred in by a viva voce vote of the Committee on Human Relations on July 22, 2009. Respectfully submitted, (Signed) THOMAS M. TUNNEY, Vice-Chairman. On motion of Alderman Tunney, the committee's recommendation was Concurred In and the said proposed appointment of Mirtha E. Quintana-Toomey as a memberofthe Commission on Human Relations Advisory Council on Latino Affairs was Approved by yeas and nays as follows; 67864 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson Thomas, Lane, Rugai, Cochran, Brookins, Munoz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. APPOINTMENT OF VERONICA M. LOEWY AS MEMBER OF COMMISSION ON HUMAN RELATIONS ADVISORY COUNCIL ON LATINO AFFAIRS. [A2009-59] The Committee on Human Relations submitted the following report: CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Human Relations, having under consideration a communication from the Mayor appointing Veronica M. Loewy as a member of the Commission on Human Relations Advisory Council on Latino Affairs to a term effective immediately and expiring July 1, 2012, to succeed Jesse H. Ruiz, whose term has expired, begs leave to recommend that Your Honorable Body do Approve this appointment. This recommendation was concurred in by a viva voce vote ofthe Committee on Human Relations on July 22, 2009. Respectfully submitted, (Signed) THOMAS M. TUNNEY, Vice-Chairman. On motion of Alderman Tunney, the committee's recommendation was Concurred In and the said proposed appointment of Veronica M. Loewy as a member of the Commission on Human Relations Advisory Council on Latino Affairs was Approved by yeas and nays as follows; 7/29/2009 REPORTS OF COMMITTEES 67865 Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Muiioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. APPOINTMENT OF ROBERTO MONTANO AS MEMBER OF COMMISSION ON HUMAN RELATIONS ADVISORY COUNCIL ON LATINO AFFAIRS. [A2009-60] The Committee on Human Relations submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Human Relations, having under consideration a communication from the Mayor appointing Roberto Montario as a member ofthe Commission on Human Relations Advisory Council on Latino Affairs to a term effective immediately and expiring July 1, 2012, to succeed Amalia S. Rioja, whose term has expired, begs leave to recommend that Your Honorable Body do Approve this appointment. This recommendation was concurred in by a viva voce vote of the Committee on Human Relations on July 22, 2009. Respectfully submitted, (Signed) THOMAS M. TUNNEY, Vice-Chairman. On motion of Alderman Tunney, the committee's recommendation was Concurred In and the said proposed appointment of Roberto Montano as a member ofthe Commission on Human Relations Advisory Council on Latino Affairs was Approved by yeas and nays as follows; 67866 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Munoz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. APPOINTMENT OF RITA D. HERNANDEZ AS MEMBER OF COMMISSION ON HUMAN RELATIONS ADVISORY COUNCIL ON LATINO AFFAIRS. [A2009-62] The Committee on Human Relations submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Human Relations, having under consideration a communication from the Mayor appointing Rita D. Hernandez as a member of the Commission on Human Relations Advisory Council on Latino Affairs to a term effective immediately and expiring July 1, 2010, to succeed Elizabeth Garcia, whose term has expired, begs leave to recommend that Your Honorable Body do Approve this appointment. This recommendation was concurred in by a viva voce vote ofthe Committee on Human Relations on July 22, 2009. Respectfully submitted, (Signed) THOMAS M. TUNNEY, Vice-Chairman. On motion of Alderman Tunney, the committee's recommendation was Concurred In and the said proposed appointment of Rita D. Hernandez as a member ofthe Commission on Human Relations Advisory Council on Latino Affairs was Approved by yeas and nays as follows; 7/29/2009 REPORTS OF COMMITTEES 67867 Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone-47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. APPOINTMENT OF GRANT E. VITALE AS MEMBER OF COMMISSION ON HUMAN RELATIONS ADVISORY COUNCIL ON LATINO AFFAIRS. [A2009-61] The Committee on Human Relations submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Human Relations, having under consideration a communication from the Mayor appointing Grant E. Vitale as a member of the Commission on Human Relations Advisory Council on Latino Affairs to a term effective immediately and expiring July 1, 2010, to succeed Francisco Menchaca, whose term has expired, begs leave to recommend that Your Honorable Body do Approve this appointment. This recommendation was concurred in by a viva voce vote of the Committee on Human Relations on July 22, 2009. Respectfully submitted, (Signed) THOMAS M. TUNNEY, Vice-Chairman. On motion of Alderman Tunney, the committee's recommendation was Concurred In and the said proposed appointment of Grant E. Vitale as a member of the Commission on Human Relations Advisory Council on Latino Affairs was Approved by yeas and nays as follows; 67868 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. APPOINTMENT OF MARK STROUD, JR. AS MEMBER OF COMMISSION ON HUMAN RELATIONS ADVISORY COUNCIL ON VETERANS AFFAIRS. [A2009-64] The Committee on Human Relations submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Human Relations, having under consideration a communication from the Mayor appointing Mark Stroud, Jr. as a member of the Commission on Human Relations Advisory Council on Veterans Affairs to a term effective immediately and expiring July 1, 2011, to succeed Bruce E. Parry, whose term has expired, begs leave to recommend that Your Honorable Body do Approve this appointment. This recommendation was concurred in by a viva voce vote of the Committee on Human Relations on July 22, 2009. Respectfully submitted, (Signed) THOMAS M. TUNNEY, Vice-Chairman. On motion of Alderman Tunney, the committee's recommendation was Concurred In and the said proposed appointment of Mark Stroud, Jr. as a member of the Commission on Human Relations Advisory Council on Veterans Affairs was Approved by yeas and nays as follows; 7/29/2009 REPORTS OF COMMITTEES 67869 Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Muiioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. APPOINTMENT OF ANTOINETTE P. TAYLOR AS MEMBER OF COMMISSION ON HUMAN RELATIONS ADVISORY COUNCIL ON WOMEN. [A2009-65] The Committee on Human Relations submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Human Relations, having under consideration a communication from the Mayor appointing Antoinette P. Taylor as a member of the Commission on Human Relations Advisory Council on Women to a term effective immediately and expiring July 1, 2011, to succeed Kathy R. Posner, whose term has expired, begs leave to recommend that Your Honorable Body do Approve this appointment. This recommendation was concurred in by a viva voce vote of the Committee on Human Relations on July 22, 2009. Respectfully submitted, (Signed) THOMAS M. TUNNEY, Vice-Chairman. On motion of Alderman Tunney, the committee's recommendation was Concurred In and the said proposed appointment of Antoinette P. Taylor as a memberofthe Commission on Human Relations Advisory Council on Women was Approved by yeas and nays as follows; 67870 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Muiioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. APPOINTMENT OF KATHERINE M. TULLY AS MEMBER OF COMMISSION ON HUMAN RELATIONS ADVISORY COUNCIL ON WOMEN. [A2009-66] The Committee on Human Relations submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Human Relations, having under consideration a communication from the Mayor appointing Katherine M. Tully as a member of the Commission on Human Relations advisory Council on Women to a term effective immediately and expiring July 1, 2011, to succeed Adrienne E. White-Faines, whose term expired, begs leave to recommend that Your Honorable Body do Approve this appointment. This recommendation was concurred in by a viva voce vote of the Committee on Human Relations on July 22, 2009. Respectfully submitted, (Signed) THOMAS M. TUNNEY, Vice-Chairman. On motion of Alderman Tunney, the committee's recommendation was Concurred In and the said proposed appointment of Katherine M. Tully as a member ofthe Commission on Human Relations Advisory Council on Women was Approved by yeas and nays as follows; 7/29/2009 REPORTS OF COMMITTEES 67871 Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. BEST WISHES EXTENDED TO NATIONAL COUNCIL OF LA RAZA FOR SUCCESSFUL ANNUAL CONFERENCE AND DECLARATION OF JULY, 2009 AS "NATIONAL COUNCIL OF LA RAZA MONTH" IN CHICAGO. [R2009-945] The Committee on Human Relations submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Human Relations, having under consideration a resolution introduced by Aldermen Flores, Cardenas, Murioz, Solis, Reboyras, Suarez, and Colon welcoming the National Council of La Raza Annual Conference to Chicago July 25 - 28, 2009, and having had the same under advisement, begs leave to recommend that Your Honorable Body Adopt the proposed resolution transmitted herewith. This recommendation was concurred in by a viva voce vote of the Committee on Human Relations on July 22, 2009. Respectfully submitted, (Signed) THOMAS M. TUNNEY, Vice-Chairman. On motion of Alderman Tunney, the said proposed resolution transmitted with the foregoing committee report was Adopted by yeas and nays as follows; 67872 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, LyIe, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said resolution as adopted; WHEREAS, In 1968 the National Council of La Raza (N.C.L.R.) was founded as a private, nonprofit, nonpartisan, tax-exempt organization headquartered in Washington, D.C, that serves all Hispanic subgroups in all regions ofthe country; and WHEREAS, The N.C.L.R. is the largest national Hispanic civil rights and advocacy organization in the United States, which works to improve opportunities for Hispanic Americans, and reaches millions of Hispanics each year in 41 states, Puerto Rico, and the District of Columbia; and WHEREAS, The N.C.L.R., serves the Hispanic population through its formal network of neariy 300 affiliates (community-based organizations); and WHEREAS, The N.C.L.R. welcomes affiliation from independent Hispanic groups that share their goals and self-help philosophy; and assists Hispanic groups that are not formal affiliates through issue networks on health, education, housing, leadership; and WHEREAS, The N.C.L.R. staff belongs to and helps lead many issue-focused coalitions and associations; and WHEREAS, The N.C.L.R. cooperates with other nonprofit organizations and private sector entities on issues ranging from healthcare reform to charter schools; and WHEREAS, The N.C.L.R. spearheads national projects to educate public and private organizations about Hispanic needs and services leading to enhanced partnerships with community-based organizations; and WHEREAS, The N.C.L.R. Homeownership Network has served neariy 150,000 families, producing more than 14,000 first-time homebuyers in 50 sites over the last five years; and WHEREAS, The Ya es Hora campaign contributed to a record 1.4 million naturalization applications and registered 23,000 new voters; 32 Latino Empowerment and Advocacy Project grantees registered more than 25,000 voters and reached more than 60,000 voters through get-out-the-vote efforts in 2008; and 7/29/2009 REPORTS OF COMMITTEES 67873 WHEREAS, The N.C.L.R. charter schools serve more than 20,000 students annually; early childhood programs also serve more than 20,000 children and trained 338 affiliated staff, 100 teachers, and neariy 7,000 parents from 2005 to 2009; and WHEREAS, As a member ofthe Leadership Conference on Civil Rights, the N.C.L.R. also carries out joint projects with other Latino organizations and its sister civil rights organizations to advocate for increased opportunities for Latinos throughout the country; and WHEREAS, The N.C.L.R. will be hosting their annual conference in Chicago, a city with vibrant Hispanic culture, rich history, and worid-class attractions, and WHEREAS, The N.C.L.R. annual conference expects more than 20,000 people from across the United States to attend this momentous event from July 25 through 28, 2009; now, therefore, Be It Resolved, That we, the Mayor and the members of the City Council of the City of Chicago assembled here this twenty-ninth day of July, 2009 are proud to have the City of Chicago host The National Council of La Raza annual conference; and Be It Further Resolved, That the month of July, 2009 is hereby proclaimed "National Council of La Raza Month" in the City of Chicago. COMMITTEE ON LICENSE AND CONSUMER PROTECTION. AMENDMENT OF SECTION 4-60-022 OF MUNICIPAL CODE BY DELETING SUBSECTION 25.26 TOALLOW ISSUANCE OF ADDITIONALALCOHOLIC LIQUOR LICENSES ON PORTION OF W. 18""" ST. [02009-4218] The Committee on License and Consumer Protection submitted the following report: CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on License and Consumer Protection, having under consideration an ordinance introduced by Alderman Daniel Solis (which was referred on June 30, 2009), to 67874 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 amend Section 4-60-022 ofthe Municipal Code of Chicago by deleting subsection 4-60-022 (25.26), begs leave to recommend that Your Honorable Body Pass the ordinance which is transmitted herewith. This recommendation was concurred in by a viva voce vote of the members of the Committee on July 22, 2009. Respectfully submitted, (Signed) GENE SCHULTER, Chairman. On motion of Alderman Schulter, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyle, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed: Be It Ordained by the City Council of the City of Chicago: SECTION 1. Section 4-60-022 of the Municipal Code of Chicago is hereby amended by deleting the language struck through, as follows; 4-60-022 Restrictions On Additional Licenses. Subject to the provisions of subsection 4-60-021 (c), no additional license shall be issued for the sale of alcoholic liquor, for consumption on the premises, within the following areas; (Omitted.text is unaffected by this ordinance.) (25.26) OfHe*^ Stroot, from Halotod Stroot to Morgan Street. (Omitted text is unaffected by this ordinance.) 7/29/2009 REPORTS OF COMMITTEES 67875 SECTION 2. This ordinance shall be in force and effect upon passage and publication. AMENDMENT OF SECTION 4-60-022 OF MUNICIPAL CODE BY DELETING SUBSECTION 35.37TOALLOW ISSUANCE OF ADDITIONAL ALCOHOLIC LIQUOR LICENSES ON PORTION OF N. KEDZIE AVE. [02009-4219] The Committee on License and Consumer Protection submitted the following report: CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on License and Consumer Protection, having under consideration an ordinance introduced by Alderman Rey Colon (which was referred on May 13, 2009), to amend Section 4-60-022 of the Municipal Code of Chicago by deleting subsection 4-60-022 (35.37), begs leave to recommend that Your Honorable Body Pass the ordinance which is transmitted herewith. This recommendation was concurred in by a viva voce vote of the members of the Committee on July 22, 2009. Respectfully submitted, (Signed) GENE SCHULTER, Chairman. On motion of Alderman Schulter, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyle, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. 67876 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 The following is said ordinance as passed: Be It Ordained by the City Council of the City of Chicago: SECTION 1. Section 4-60-022 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through, as follows; 4-60-022 Restrictions On Additional Licenses. Subject to the provisions of subsection 4-60-021 (c), no additional license shall be issued for the sale of alcoholic liquor, for consumption on the premises, within the following areas; (Omitted text is unaffected by this ordinance.) (35.37) On North Kedzie Avenue, from the north line of West Wrightwood Avenue/West Logan Boulevard to West Diversey Avenue. (Omitted text is unaffected by this ordinance.) SECTION 2. This ordinance shall be in force and effect upon passage and publication. AMENDMENT OF SECTION 4-60-023 OF MUNICIPAL CODE BY DELETING SUBSECTION 8.41(a) TOALLOW ISSUANCE OF ADDITIONAL PACKAGE GOODS LICENSES ON PORTION OF S. STONY ISLAND AVE. [02009-4220] The Committee on License and Consumer Protection submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on License and Consumer Protection, having under consideration an ordinance introduced by Alderman Michelle Harris (which was referred on June 30, 2009), 7/29/2009 REPORTS OF COMMITTEES 67877 to amend Section 4-60-023 of the Municipal Code of Chicago by deleting subsection 4-60-023(8.41 (a)), begs leave to recommend that Your Honorable Body Pass the ordinance which is transmitted herewith. This recommendation was concurred in by a viva voce vote of the members of the Committee on July 22, 2009. Respectfully submitted, (Signed) GENE SCHULTER, Chairman. On motion of Alderman Schulter, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyle, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed; Be It Ordained by the City Council of the City of Chicago: SECTION 1. Section 4-60-023 of the Municipal Code of Chicago is hereby amended by deleting the language struck through, as follows; 4-60-023 Restrictions On Additional Licenses. Subject to the provisions of subsection 4-60-021 (c), no additional package goods license shall be issued for any premises located within the following areas; (Omitted text is unaffected by this ordinance.) (0.41(a)) On Stony Island Avenue, from 07*^ Street to SO'^-StFeetr (Omitted text is unaffected by this ordinance.) 67878 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 SECTION 2. This ordinance shall be in force and effect upon passage and publication. AMENDMENT OF SECTION 4-60-023 OF MUNICIPAL CODE BY DELETING SUBSECTION 35.15 TO ALLOW ISSUANCE OP ADDITIONAL PACKAGE GOODS LICENSES ON PORTION OF W. FULLERTON AVE. [02009-4221] The Committee on License and Consumer Protection submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on License and Consumer Protection, having under consideration an ordinance introduced by Alderman Rey Colon (which was referred on June 3, 2009), to amend Section 4-60-023 ofthe Municipal Code of Chicago by deleting subsection 4-60-023 (35.15), begs leave to recommend that Your Honorable Body Pass the ordinance which is transmitted herewith. This recommendation was concurred in by a viva voce vote of the members of the Committee on July 22, 2009. Respectfully submitted, (Signed) GENE SCHULTER, Chairman. On motion of Alderman Schulter, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyle, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48, Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. 7/29/2009 REPORTS OP COMMITTEES 67879 The following is said ordinance as passed; Be It Ordained by the City Council of the City of Chicago: SECTION 1. Section 4-60-023 of the Municipal Code of Chicago is hereby amended by deleting the language struck through, as follows; 4-60-023 Restrictions On Additional Licenses. Subject to the provisions of subsection 4-60-021 (c), no additional package goods license shall be issued for any premises located within the following areas; (Omitted text is unaffected by this ordinance.) (35.15y On West Fullerton Avenue, from North Kedzie Avenue to North Kimball Avenue. (Omitted text is unaffected by this ordinance.) SECTION 2. This ordinance shall be in force and effect upon passage and publication. AMENDMENT OF SECTION 4-60-023 OF MUNICIPAL CODE BY ADDING NEW SUBSECTION 38.17 TO DISALLOW ISSUANCE OF ADDITIONAL PACKAGE GOODS LICENSES ON PORTION OF W. IRVING PARK RD. [02009-4222] The Committee on License and Consumer Protection submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on License and Consumer Protection, having under consideration an ordinance introduced by Alderman Thomas Allen (which was referred on June 30, 2009), to amend Section 4-60-023 of the Municipal Code of Chicago regarding the prohibition of licenses for the sale of alcoholic liquor in portions of the 38"^ Ward, begs leave to recommend that Your Honorable Body Pass the ordinance which is transmitted herewith. 67880 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 This recommendation was concurred in by a viva voce vote of the members of the Committee on July 22, 2009. Respectfully submitted, (Signed) GENE SCHULTER, Chairman. On motion of Alderman Schulter, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyle, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed; Be It Ordained by the City Council of the City of Chicago: SECTION 1. The City Council finds that the area described in Section 2 of this ordinance is adversely affected by the over-concentration of businesses licensed to sell alcoholic liquor within and near the area. SECTION 2. Section 4-60-023 of the Municipal Code of Chicago is hereby amended by inserting the underscored language as a new subsection 4-60-023 (38.17), as follows; 4-60-023 Restrictions On Additional Package Goods Licenses. Subject to the provisions of subsection 4-60-021 (c), no additional package goods license shall be issued for any premises located within the following areas; (Omitted text is unaffected by this ordinance.) (38.17) On Irving Park Road, from Menard Avenue to Austin Avenue. (Omitted text is unaffected by this ordinance.) 7/29/2009 REPORTS OF COMMITTEES 67881 SECTION 3. Following due passage and approval, this ordinance shall be in full force and effect on September 10, 2009. COMMITTEE ON POLICE AND FIRE. APPOINTMENT OF WILLIAM BOYLE AS MEMBER OF CHICAGO EMERGENCY TELEPHONE SYSTEM BOARD. [A2009-51] The Committee on Police and Fire submitted the following report; CHICAGO, July 21, 2009. To the President and Members of the City Council: Your Police and Fire Committee held a meeting on Tuesday, July 21, 2009 at 10:00 A.M. in City Hall, Room 201-A and having had under consideration a communication authorizing the appointment of William Boyle as a memberofthe Chicago Emergency Telephone System Board to a term effective immediately and expiring on July 1, 2013 to succeed Kevin R. Sullivan, who has resigned, begs leave to report that Your Honorable Body Approve this matter that is transmitted herewith. This recommendation was concurred in by a vote of the Committee members present. There were no dissenting votes. Respectfully submitted, (Signed) ISAAC S. CAROTHERS, Chairman. On motion of Alderman Carothers, the committee's recommendation was Concurred In and the said proposed appointment of William Boyle as a member of the Chicago Emergency Telephone System Board was Approved by yeas and nays as follows: 67882 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyle, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. APPOINTMENT OF GENE SAFFOLD AS MEMBER AND CHAIRMAN OF CHICAGO EMERGENCY TELEPHONE SYSTEM BOARD. [A2009-52] The Committee on Police and Fire submitted the following report; CHICAGO, July 21, 2009. To the President and Members of the City Council: Your Police and Fire Committee held a meeting on Tuesday, July 21, 2009 at 10:00 A.M. in City Hall, Room 201-A and having had under consideration a communication authorizing the appointment of Gene Saffold as a member and chairman of the Chicago Emergency Telephone System Board to a term effective immediately and expiring July 1, 2010 to succeed Bennett J. Johnson III, who has resigned, begs leave to report that Your Honorable Body Approve this matter that is transmitted herewith. This recommendation was concurred in by a vote of the Committee members present. There were no dissenting votes. Respectfully submitted, (Signed) ISAAC S. CAROTHERS, Chairman. On motion of Alderman Carothers, the committee's recommendation was Concurred In and the said proposed appointment of Gene Saffold as a member and chairman of the Chicago Emergency Telephone System Board was Approved by yeas and nays as follows; 7/29/2009 REPORTS OF COMMITTEES 67883 Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyle, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. REAPPOINTMENT OF MICHAEL CALLAHAN AS MEMBER OF CHICAGO EMERGENCY TELEPHONE SYSTEM BOARD. [A2009-53] The Committee on Police and Fire submitted the following report; CHICAGO, July 21, 2009. To the President and Members of the City Council: Your Police and Fire Committee held a meeting on Tuesday, July 21, 2009 at 10:00 A.M. in City Hall, Room 201-A and having had under consideration a communication authorizing the reappointment of Michael Callahan as a member ofthe Chicago Emergency Telephone System Board to a term effective immediately and expiring on July 1, 2014, begs leave to report that Your Honorable Body Approve this matter that is transmitted herewith. This recommendation was concurred in by a vote of the Committee members present. There were no dissenting votes. Respectfully submitted, (Signed) IS/V\C S. CAROTHERS, Chairman. On motion of Alderman Carothers, the committee's recommendation was Concurred In and the said proposed reappointment of Michael Callahan as a member ofthe Chicago Emergency Telephone System Board was Approved by yeas and nays as follows: 67884 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyle, Jackson, Harris, Beale, Pope, Balcer, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 47. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. COMMITTEE ON SPECIAL EVENTS AND CULTURAL AFFAIRS. ISSUANCE OF SPECIAL EVENT LICENSES AND PERMITS. The Committee on Special Events and Cultural Affairs submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Special Events and Cultural Affairs had under consideration proposed ordinances and orders for the issuance of specified licenses and permits, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to participants in various events (referred June 30, 2009). The Committee begs leave to recommend that Your Honorable Body do Pass the proposed ordinances and orders which were transmitted on July 20, 2009 at the Committee on Special Events and Cultural Affairs meeting. This recommendation was concurred in by all members of the Committee present, with no dissenting vote. Respectfully submitted, (Signed) WALTER BURNETT, JR., Chairman. 7/29/2009 REPORTS OF COMMITTEES 67885 On motion of Alderman Burnett, the said proposed ordinances and orders transmitted with the foregoing committee report were Passed by yeas and nays as follows: Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyle, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following are said ordinances and orders as passed (the italic heading in each case not being a part ofthe ordinance or order): Alderman Jo Ann Thompson's T" Annual 16'" Ward Music Fest [Or2009-1747] Ordered, That the Director ofthe Department of Revenue is hereby authorized and directed to issue the following licenses and permits, free of charge, to the 16'" Ward Service Center for special event "Alderman JoAnn Thompson's 2"" Annual 16'^ Ward Music Fest", scheduled to take place on Saturday, July 18, 2009 and Sunday, July 19, 2009, on West 63'" Street, from South Morgan Street to South Halsted Street in addition to all around amusement, all the following fees to be waived; Tent and Canopy Permit, Food Vendor Licenses, Special Event Permit, Itinerant Merchant Licenses, Street Closure Permit, and all other permits and fees related to this event. Autumn Moon Festival. [02009-4812] Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Commissioner of Buildings, Executive Director of Construction and Permits, the Commissioner of Streets and Sanitation, the Commissioner of Transportation, the Commissioner of Water Management, the Commissioner of Fire and the Director of the Department of Revenue are hereby authorized and directed to issue all necessary special event permits and licenses, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to Chinese Entrepreneur Organization, 2301 South Archer Avenue, Chicago, Illinois 60616, for Autumn Moon Festival, to be held September 26, 2009 on the premises known as Chinatown Square Plaza, 2128 - 2131 South Archer Avenue. 67886 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Said special event shall be held exclusively for not-for-profit and related purposes and shall not be othenwise used with a view to profit. SECTION 2. This ordinance shall take effect and be in force from and after its passage. Chicago Air & Water Show. [Or2009-1748] Ordered, That the Director of Revenue is hereby authorized and directed to issue the following licenses and permits, free of charge, to the City of Chicago Mayor's Office of Special Events for the special event "Chicago Air & Water Show" scheduled to take place between August 15 and 16 at North Avenue Beach; Tent and Canopy Permits, Itinerant Merchant License fees and temporary Food Vendor Licenses, Special Event Permit, Street Closure Permit, and all other permits and fees related to this event. Chicago Criterium. [Or2009-1749] Ordered, That the Director of Revenue is hereby authorized and directed to issue the following licenses and permits, free of charge, to the City of Chicago Mayor's Office of Special Events forthe special event "Chicago Criterium" scheduled to take place on July 26 at Grant Park, Buckingham Plaza between 7:00 A.M. through 6:00 P.M.; Tent and Canopy Permits, Itinerant Merchant Licenses and temporary Food Vendor Licenses, Special Event Permit, Street Closure Permit, and all other permits and fees related to this event. Chicago Outdoor Film Festival. [Or2009-1750] Ordered, That the Director of Revenue is hereby authorized and directed to issue the following licenses and permits, free of charge, to the City of Chicago Mayor's Office of Special Events for the special event "Chicago Outdoor Film Festival", scheduled to take place from July 14 through August 25 at Grant Park, Butler Field at dusk; Tent and Canopy Permits, Itinerant Merchant Licenses and temporary Food Vendor Licenses, Special Event Permit, Street Closure Permit, and all other permits and fees related to this event. 7/29/2009 REPORTS OF COMMITTEES 67887 Chicago Temple Street Festival. [02009-4813] Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Commissioner of Buildings, the Executive Director of Construction and Permits, the Commissioner of Streets and Sanitation, the Commissioner of Transportafion, the Commissioner of Water Management, the Commissioner of Fire and the Director of the Department of Revenue are hereby authorized and directed to issue all necessary special event permits and licenses, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to American Asia Amity Association, 2812 South Wentworth Avenue, Chicago, Illinois 60616 for Chicago Temple Street Festival, to be held July 25 and 26, 2009; and August 1, 2, 8, 9, 15 and 16, 2009 on the premises known as; Chinatown Square Plaza, 2128 - 2131 South Archer Avenue. Said special event shall be held exclusively for not-for-profit and related purposes and shall not be otherwise used with a view to profit. SECTION 2. This ordinance shall take effect and be in force from and after its passage. Chicago VIVA! Latin Music Fest. [Or2009-1751] Ordered, That the Director of Revenue is hereby authorized and directed to issue the following licenses and permits, free of charge, to the City of Chicago Mayor's Office of Special Events for the special event "Chicago VIVA! Latin Music Fest" scheduled to take place between August 29 and 30 at Grant Park between 11:00 A.M. and 10:00 P.M.; Tent and Canopy Permits, Itinerant Merchant Licenses and temporary Food Vendor Licenses, Special Event Permit, Street Closure Permit, and all other permits and fees related to this event. Ecuador Festival. [Or2009-1752] Ordered, That the Director of the City Department of Revenue issue, free of charge, the following licenses and/or permits to participants in the Ecuador Festival, 5216 West Lawrence Avenue, August 9, 2009, from 9:00 A.M. to 10:00 P.M.; Food Vendor and Ifinerant Merchant Licenses, Street Closure Permit, Special Event, Electrical Permit, Tent Erection Permit, Zoning, Raffie License and Fire Prevention. 67888 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Fernanda's Restaurant 25 Anniversary. [02009-4814] Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Executive Director of the Mayor's Office of Special Events is hereby authorized and directed to issue all necessary permits, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to Fernando's Restaurant for Fernando's Restaurant 25* Anniversary on the premises at 3449 North Lincoln Avenue on July 22, between the hours of 3:00 P.M. until 10:00 P.M. All appurtenances thereto shall be used exclusively for charitable purposes and shall not be leased or otherwise used with a view to profit, and the work thereon shall be done in accordance with plans submitted and all ofthe appropriate provisions ofthe Municipal Code of the City of Chicago and departmental requirements of various departments of the City of Chicago, and said building(s) and all appurtenances thereto shall be constructed and maintained so that they shall comply in all respects with the requirements of the appropriate provisions of the Municipal Code of the City of Chicago for the issuance of all necessary permits and licenses. SECTION 2. This ordinance shall take effect and be in force from and after its passage and publication. Lincoln Park Art Faire. [Or2009-1753] Ordered, That the Director of the City Department of Revenue issue, free of charge, the Itinerant Merchant and Food Vendor Licenses, and Street Closure Permits to all of the participants in the Lincoln Park Art Faire. The event is scheduled to take place on the grounds ofthe Lincoln Park Cultural Center located at 2045 North Lincoln Park West and on the 2000 block of North Lincoln Park West, between West Armitage Avenue and West Dickens Avenue. The event is scheduled for Saturday, September 12, 2009 and Sunday, September 13, 2009, during the hours of 11:00 A.M. and 6:00 P.M., each day. McDonald's Chinatown Summer Fair [02009-4815] Se It Ordained by the City Council of the City of Chicago: 7/29/2009 REPORTS OF COMMITTEES 67889 SECTION 1. That the Commissioner of Buildings, the Executive Director of Construction and Permits, the Commissioner of Streets and Sanitation, the Commissioner of Transportation, the Commissioner of Water Management, the Commissioner of Fire and the Director of the Department of Revenue are hereby authorized and directed to issue all necessary special event permits and licenses, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to Chinatown Special Events Committee, in care of Chinatown Chamber of Commerce, 2169B South China Place, Chicago, Illinois 60616, for McDonald's Chinatown Summer Fair to be held July 19, 2009 on the premises known as South Wentworth Avenue, between East Cermak Road and West 25'" Place; East Cermak Road, between South Wentworth Avenue and South Princeton Avenue. Said special event shall be held exclusively for not-for-profit and related purposes and shall not be otherwise used with a view to profit. SECTION 2. This ordinance shall take effect and be in force from and after its passage. 16'" Annual Rock Around The Block. [02009-4817] Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Executive Director of the Mayor's Office of Special Events is hereby authorized and directed to issue all necessary permits, free of charge, notwithstanding other ordinancesof the City of Chicago to the contrary, to Star Events, L.L.C. for 16"" Annual Rock Around the Block on the premises located at 3200 - 3300 North Lincoln Avenue and at 1630 - 1700 West Melrose Street on July 11, from 12:00 P.M. unfil 10:00 P.M. and July 12, from 12:00 P.M. until 9:00 P.M. All appurtenances thereto shall be used exclusively for charitable purposes and shall not be leased or otherwise used with a view to profit, and the work thereon shall be done in accordance with plans submitted and all ofthe appropriate provisions ofthe Municipal Code of the City of Chicago and departmental requirements of various departments of the City of Chicago, and said building(s) and all appurtenances thereto shall be constructed and maintained so that they shall comply in all respects with the requirements ofthe appropriate provisions of the Municipal Code of the City of Chicago for the issuance of all necessary permits and licenses. SECTION 2. This ordinance shall take effect and be in force from and after its passage and publication. 67890 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 St. Daniel The Prophet Summer Carnival. [02009-4816] Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Commissioner of Buildings, the Commissioner of Streets and Sanitation, the Commissioner of Transportation, the Commissioner of Water Management, the Commissioner of Fire, the Commissioner of Environment, the Commissioner of Business Affairs and Consumer Protecfion, the Commissioner of Public Health, the Executive Director of Mayor's Office of Special Events, the City Comptroller and the Director of Revenue are hereby authorized and directed to issue all necessary special event permits and licenses, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to Saint Daniel the Prophet Parish and School (all festival participants and applicants) for Saint Daniel the Prophet Summer Carnival, to be held June 25, 2009 through June 30, 2009 on the premises known as 5300 South Natoma Avenue. Said special event shall be held exclusively for not-for-profit and related purposes and shall not be otherwise used with a view to profit. SECTION 2. The Saint Daniel the Prophet School and Parish shall be entitled to a refund of city fees, which it has paid and from which it is exempt pursuant to Section 1 of this ordinance. SECTION 3. This ordinance shall take effect and be in force from and after its passage and publication. St. Tarcissus Festival. [Or2009-1754] Ordered, That the Director of the City Department of Revenue issue, free of charge, the following licenses and/or permits to participants in the Saint Tarcissus Festival, 5847 North Moody Avenue, September 26, 2009, from 12:00 P.M. to 11:59 P.M.; Food Vendor and Itinerant Merchants Licenses, Street Closure Permit; Special Event, Electrical Permit, Tent Erection Permit, Zoning, Raffle License, and Fire Prevention. Taste Of River North Event. [Or2009-1755] Ordered, That the Director of Revenue is hereby authorized and directed to issue the following licenses and permits, free of charge, to the River North Residents Association for 7/29/2009 REPORTS OF COMMITTEES 67891 their "Taste of River North" event being held from July 18 and 19, 2009 at Erie Park; Itinerant Merchant Licenses, Business License and Food Vendor Licenses. 18" Annual 4" Ward Health And Housing Fair. [Or2009-1756] Ordered, That the Director of the City Department of Revenue issue, free of charge, the following licenses and permits to the participants in the 18'" Annual 4'" Ward Health and Housing Fair, to be held at King College Prep High School, 4445 South Drexel Boulevard, on August 15, 2009, from 10:00 A.M. to 6:00 P.M., daily; Food Vendor Licenses, Itinerant Merchant Licenses, and Street Closure Permit. 2009 Bucktown Arts Festival. [02009-4818] Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Executive Director of the Mayor's Offlce of Special Events is hereby authorized and directed to issue all necessary permits, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to Bucktown Arts Festival for 2009 Bucktown Arts Festival on the premises located at 2200 - 2400 block of West Lyndale Street, the 2150 - 2400 block of North Oakley Avenue and the 2200 - 2400 block of West Belden Avenue on August 29, 2009, between the hours of 11:00 A.M. until 10:00 P.M. and August 30, 2009, between the hours of 11 ;00 A.M. until 7:00 P.M. All appurtenances thereto shall be used exclusively for charitable purposes and shall not be leased or othenA^ise used with a view to profit, and the work thereon shall be done in accordance with plans submitted and all of the appropriate provisions of the Municipal Code of the City of Chicago and departmental requirements of various departments of the City of Chicago, and said building(s) and all appurtenances thereto shall be constructed and maintained so that they shall comply in all respects with the requirements ofthe appropriate provisions of the Municipal Code of the City of Chicago for the issuance of all necessary permits and licenses. SECTION 2. This ordinance shall take effect and be in force from and after its passage and publication. 67892 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 2009 Bucktown Garden Walk [02009-4819] Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Executive Director of the Mayor's Office of Special Events is hereby authorized and directed to issue all necessary permits, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to Club Lucky for 2009 Bucktown Garden Walk on the premises located along West Roscoe Street, from North Damen Avenue to North Bell Avenue on Saturday, July 11, between the hours of 11:00 A.M. until 11:00 P.M. and Sunday, July 12, between the hours of 11:00 A.M. unfil 10:00 P.M. All appurtenances thereto shall be used exclusively for charitable purposes and shall not be leased or otherwise used with a view to profit, and the work thereon shall be done in accordance with plans submitted and all ofthe appropriate provisions ofthe Municipal Code of the City of Chicago and departmental requirements of various departments of the City of Chicago, and said building(s) and all appurtenances thereto shall be constructed and maintained so that they shall comply in all respects with the requirements ofthe appropriate provisions of the Municipal Code of the City of Chicago for the issuance of all necessary permits and licenses. SECTION 2. This ordinance shall take effect and be in force from and after its passage and publication. 2009 CANS Music Fest [02009-4820] Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Executive Director of the Mayor's Office of Special Events is hereby authorized and directed to issue all necessary permits, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to Three Headed Productions for 2009 CANS Music Fest on the premises located at 2002 West Concord Place on June 26 and 27, between the hours of 10:00 A.M. until 10:00 P.M. All appurtenances thereto shall be used exclusively for charitable purposes and shall not be leased or otherwise used with a view to profit, and the work thereon shall be done in accordance with plans submitted and all ofthe appropriate provisions ofthe Municipal Code of the City of Chicago and departmental requirements of various departments of the City of Chicago, and said building(s) and all appurtenances thereto shall be constructed and maintained so that they shall comply in all respects with the requirements of the appropriate provisions of the Municipal Code of the City of Chicago for the issuance of all necessary permits and licenses. 7/29/2009 REPORTS OF COMMITTEES 67893 SECTION 2. This ordinance shall take effect and be in force from and after its passage and publication. 2009 Lincoln Park Arts And Music Festival. [02009-4821] Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Executive Director of the Mayor's Office of Special Events is hereby authorized and directed to issue all necessary permits, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to Special Events Management for 2009 Lincoln Park Arts and Music Festival on the premises located at 2200 - 2300 North Racine Avenue, between West Fullerton Avenue and West Webster Avenue on August 8, from 12:00 P.M. unfil 10:30 P.M. and August 9, from 12:00 P.M. until 9:30 P.M. All appurtenances thereto shall be used exclusively for charitable purposes and shall not be leased or otherwise used with a view to profit, and the work thereon shall be done in accordance with plans submitted and all ofthe appropriate provisions ofthe Municipal Code of the City of Chicago and departmental requirements of various departments of the City of Chicago, and said building(s) and all appurtenances thereto shall be constructed and maintained so that they shall comply in all respects with the requirements ofthe appropriate provisions of the Municipal Code of the City of Chicago for the issuance of all necessary permits and licenses. SECTION 2. This ordinance shall take effect and be in force from and after its passage and publication. 2009 Oktoberfest [02009-4822] Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Executive Director of the Mayor's Office of Special Events is hereby authorized and directed to issue all necessary permits, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to Star Events, for 2009 Oktoberfest on the premises located at 3000 North Lincoln Avenue at North Southport Avenue on the dates and times of September 25, between the hours of 5:00 P.M. until 10:00 P.M.; September 26, between the hours of 12:00 P.M. until 10:00 P.M.; and on September 27, between the hours of 11:00 A.M. until 9:00 P.M. 67894 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 All appurtenances thereto shall be used exclusively for charitable purposes and shall not be leased or otherwise used with a view to profit, and the work thereon shall be done in accordance with plans submitted and all ofthe appropriate provisions ofthe Municipal Code of the City of Chicago and departmental requirements of various departments of the City of Chicago, and said building(s) and all appurtenances thereto shall be constructed and maintained so that they shall comply in all respects with the requirements of the appropriate provisions of the Municipal Code of the City of Chicago for the issuance of all necessary permits and licenses. SECTION 2. This ordinance shall take effect and be in force from and after its passage and publication. 2009 Oysterfest [02009-4823] Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Executive Director of the Mayor's Office of Special Events is hereby authorized and directed to issue all necessary permits, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to Chicago Special Events Management benefitting Roscoe Village Chamber of Commerce for 2009 Oysterfest on the premises located along West Roscoe Street, from North Damen Avenue to North Bell Avenue on September 19, 2009, between the hours of 12:00 P.M. until 10:00 P.M. All appurtenances thereto shall be used exclusively for charitable purposes and shall not be leased or otherwise used with a view to profit, and the work thereon shall be done in accordance with plans submitted and all ofthe appropriate provisions ofthe Municipal Code of the City of Chicago and departmental requirements of various departments of the City of Chicago, and said building(s) and all appurtenances thereto shall be constructed and maintained so that they shall comply in all respects with the requirements of the appropriate provisions of the Municipal Code of the City of Chicago for the issuance of all necessary permits and licenses, SECTION 2. This ordinance shall take effect and be in force from and after its passage and publication. 2009 Retro On Roscoe. [02009-4824] Be It Ordained by the City Council of the City of Chicago: 7/29/2009 REPORTS OF COMMITTEES 67895 SECTION 1. That the Executive Director of the Mayor's Office of Special Events is hereby authorized and directed to issue all necessary permits, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to Star Events for 2009 Retro on Roscoe on the premises located at 2000 - 2400 West Roscoe Street, between North Damen Avenue and North Western Avenue on August 1, from 12:00 P.M. until 10:00 P.M. and August 2, from 12:00 P.M. until 10:00 P.M. All appurtenances thereto shall be used exclusively for charitable purposes and shall not be leased or otherwise used with a view to profit, and the work thereon shall be done in accordance with plans submitted and all ofthe appropriate provisions ofthe Municipal Code of the City of Chicago and departmental requirements of various departments of the City of Chicago, and said building(s) and all appurtenances thereto shall be constructed and maintained so that they shall comply in all respects with the requirements ofthe appropriate provisions of the Municipal Code of the City of Chicago for the issuance of all necessary permits and licenses. SECTION 2. This ordinance shall take effect and be in force from and after its passage and publication. 2009 St Helen's Festival. [02009-4825] Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Executive Director of the Mayor's Office of Special Events is hereby authorized and directed to issue all necessary permits, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to Saint Helen's School and Parish for the 2009 Saint Helen's Festival on the premises located at the 2300 block of West Augusta Boulevard on August 28, between the hours of 5:00 P.M. and 10:00 P.M., August 29, between the hours of 12:00 P.M. and 10:00 P.M., and August 30, between the hours of 12:00 P.M. and 9:00 P.M. All appurtenances thereto shall be used exclusively for charitable purposes and shall not be leased or otherwise used with a view to profit, and the work thereon shall be done in accordance with plans submitted and all ofthe appropriate provisions ofthe Municipal Code of the City of Chicago and departmental requirements of various departments of the City of Chicago, and said buildings and all appurtenances thereto shall be constructed and maintained so that they shall comply in all respects with the requirements of the appropriate provisions of the Municipal Code of the City of Chicago for the issuance of all necessary permits and licenses. 67896 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 SECTION 2. This ordinance shall take effect and be in force from and after its passage and publication. 2009 St Josaphat's Summerfest. [02009-4826] Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Executive Director ofthe Mayor's Office of Special Events is hereby authorized and directed to issue all necessary permits, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to Saint Josaphat for the 2009 Saint Josaphat's Summerfest on the premises located at 2311 North Southport Avenue on Friday andSaturday, June 19 and 20, 2009, from 12:00 Noon unfil 10:00 P.M. and Sunday, June 21, 2009, from 12:00 Noon unfil 9:00 P.M. All appurtenances thereto shall be used exclusively for charitable purposes and shall not be leased or otherwise used with a view to profit, and the work thereon shall be done in accordance with plans submitted and all ofthe appropriate provisions ofthe Municipal Code of the City of Chicago and departmental requirements of various departments of the City of Chicago, and said buildings and all appurtenances thereto shall be constructed and maintained so that they shall comply in all respects with the requirements ofthe appropriate provisions of the Municipal Code of the City of Chicago for the issuance of all necessary permits and licenses. SECTION 2. This ordinance shall take effect and be in force from and after its passage and publication. 2009 Smart Show Art Festival. [02009-4827] Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Executive Director of the Mayor's Office of Special Events is hereby authorized and directed to issue all necessary permits, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to Club Lucky for the 2009 Smart Show Art Festival on the premises located at 1820 West Wabansia Avenue on September 11 and 12, between the hours of 11:00 A.M. until 10:00 P.M. and Sunday, September 13, between the hours of 11:00 A.M. until 10:00 P,M. 7/29/2009 REPORTS OF COMMITTEES 67897 All appurtenances thereto shall be used exclusively for charitable purposes and shall not be leased or otherwise used with a view to profit, and the work thereon shall be done in accordance with plans submitted and all ofthe appropriate provisions ofthe Municipal Code of the City of Chicago and departmental requirements of various departments of the City of Chicago, and said buildings and all appurtenances thereto shall be constructed and maintained so that they shall comply in all respects with the requirements ofthe appropriate provisions of the Municipal Code of the City of Chicago for the issuance of all necessary permits and licenses. SECTION 2. This ordinance shall take effect and be in force from and after its passage and publication. WAIVER OF SPECIAL EVENT LICENSE AND PERMIT FEES. The Committee on Special Events and Cultural Affairs submitted the following report: CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Special Events and Cultural Affairs had under consideration proposed orders for waiver of fees for specified licenses and permits (referred June 30, 2009). The Committee begs leave to recommend that Your Honorable Body do Pass the proposed orders which were transmitted on July 20, 2009 at the Committee on Special Events and Cultural Affairs meeting. This recommendation was concurred in by all members ofthe Committee present, with no dissenting vote. Respectfully submitted, (Signed) WALTER BURNETT, JR., Chairman. On motion of Alderman Burnett, the said proposed orders transmitted with the foregoing committee report were Passed by yeas and nays as follows; 67898 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyle, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following are said orders as passed (the italic heading in each case not being a part of the order); Alderman JoAnn Thompson 2"" Annual 16'" Ward Music Fest. [Or2009-1757] Ordered, That the Director ofthe Department of Revenue is hereby authorized and advised to waive the Itinerant Merchant License fees. Food Vendor License fees. Liquor License fees and Street Closure fees in connection with the "Alderman JoAnn Thompson 2"'' Annual 16"" Ward Music Fest", on July 18, 2009 from 12:00 P.M. until 12:00 A.M. and July 19, 2009 from 12:00 P.M. until 11:00 P.M. The Alderman JoAnn Thompson 2"" Annual 16'" Ward Music Fest site will be located on West 63'" Street, from South Morgan Street to South Halsted Street, encompassing adjacent blocks of South Sangamon Street, South Peoria Street and South Green Street. 14'" Annual Korean Street Festival. [Or2009-1758] Ordered, That the Director of the Department of Revenue is hereby authorized and directed to waive the following fees for the 14'" Annual Korean Street Festival, to be held on West Bryn Mawr Avenue, from North Kimball Avenue to North Kedzie Avenue on August 8 and 9, 2009, from the hours of 11:00 A.M. to 10:00 P.M.; Canopy Erection fees, Tent Permittees, Itinerant Merchant License fees. Food Vendor License fees and Street Closure Permit fees. Ginza Holiday Festival. [Or2009-1759] Ordered, That the Director of the City Department of Revenue is hereby authorized and advised to waive the Itinerant Merchant License fee, Food Vendor License fee and all applicable permit fees for all participants of the Ginza Holiday Festival, to be held on the 7/29/2009 REPORTS OF COMMITTEES 67899 grounds of the Midwest Buddhist Temple at 435 West Menomonee Street for the period of; Friday, August 7, 2009, during the hours of 5:30 P.M. to 9:00 P.M.; Saturday, August 8, 2009, during the hours of 11:30 A.M. to 9:00 P.M.; and Sunday, August 9, 2009, during the hours of 11:30 A.M. to 6:00 P.M. Here Comes The Sun. [Or2009-1760] Ordered, That the Director of the City Department of Transportation is hereby authorized and advised to waive the Street Closure fees, and all applicable permit fees for all participants of the Here Comes the Sun, to be held between 1500 to 1600 West Jarvis Avenue on Sunday, September 20, 2009, during the hours of 11 ;00 A.M. to 6:00 P.M. Mother Of All Block Parties. [Or2009-1761] Ordered, That the Director of the City Department of Revenue is hereby authorized and advised to waive all permit fees for Our Lady, Mother of the Church on June 26, 27 and 28, 2009. The church is having a fundraiser event called Mother of All Block Parties, Friday, during the hours of 6:00 P.M. to 11:00 P.M.; Saturday, during the hours of 10:00 AM. to 11:00 P.M.; and Sunday, during the hours of 12:00 Noon to 9:00 P.M. St. Demetrios Greek Orthodox Church Chicago Greekfest And Carnival. [Or2009-1762] Ordered, That the Director of the Department of Revenue, the Department of Business Affairs and Consumer Protection, the Department of Transportation and the Department of Buildings are hereby authorized and directed to waive all permit fees related to the Saint Demetrios Greek Orthodox Church Chicago Greekfest and Carnival, to be held from August 21 through August 23, 2009 located at 2727 West Winona Street: Mechanical Rides, Street Closure fees, erection of Tents and Canopies and Food Vendor fees. Said special event shall be held exclusively for not-for-profit. 67900 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 St. Stanislaus B & M Church Festival/Carnival. [Or2009-1763] Ordered, That the Director of Revenue is hereby authorized and advised to waive the Itinerant Merchant License fees, Food Vendor License fees. Mechanical Ride fees, Street Closure fees and Tent Erection fees forthe Saint Stanislaus B & M Church Festival/Carnival located at 5352 West Belden Avenue, to be held on July 23, 2009 through July 26, 2009. Southside Community Outreach Coalition Event. [Or2009-1764] Ordered, The Director of the Department of Revenue is hereby authorized and advised to waive the Street Closing, Itinerant Merchant and Food Vendor License fees in connection with the Southside Community Outreach Coalition on South Halsted Street in the 6700 - 6900 blockson July 11, 2009, from 10:00 A.M. to 5:00 P.M. Taste Of Austin Festival. [Or2009-1765] Ordered, That the Director ofthe Department of Revenue is hereby authorized and directed to waive the Itinerant Merchant License fees, Food Vendor License fees and Street Closure fees in connection with the Taste of Austin Festival. The event will take place on West Jackson Boulevard, between South Central Avenue and South Austin Boulevard on the following days and times; Friday, August 14, 2009, from 3:00 P.M. to 10:00 P.M.; Saturday, August 15, 2009, from 10:00 A.M. to 10:00 P.M.; and Sunday, August 16, 2009, from 10:00 A.M. to 10:00 P.M. Taste Of Chicago. [Or2009-1766] Ordered, That the Commissioner of the Department of Buildings is hereby advised and directed to waive the fees for the installation of the Giant Ferris Wheel, 3Abreast Carousel and Crazy Plane for the Taste of Chicago which will take place in Grant Park, June 26, 2009 through July 5, 2009 and hosted by the Mayor's Office of Special Events. 7/29/2009 REPORTS OF COMMITTEES 67901 WTTW Kids Fun And Run. [Or2009-1767] Ordered, That the Director of the City Department of Revenue is hereby authorized and advised to waive the permit fees. Food Vendor fees and Itinerant Merchant License fees to all participants of the WTTW Kids Fun and Run, organized by Ravenswood Event Services, to be held in Lincoln Park south athletic fields on Sunday, August 23, 2009, from 9:00 A.M. until 12:00 P.M. 6'" Ward Bikeathon. [Or2009-1768] Ordered, That the Commissioner of Transportation is hereby authorized and directed to waive any and all fees for the 6'" Ward Bikeathon on September 12, 2009, from the hours of 9:00 A.M. to 1:00 P.M.. The bikers will assemble in Meyering Park, 7140 South Dr. Martin Luther King, Jr. Drive, and proceed south on Dr. Martin Luther King, Jr. Drive to East 90'" Street and South Dr. Martin Luther King, Jr. Drive to Tuley Park (501 East 90'" Place) returning on the reverse route. PERMISSION GRANTED TO ARMITAGE-WEBSTER-HALSTED MERCHANT ASSOCIATION FOR SIDEWALK SALE. [Or2009-1769] The Committee on Special Events and Cultural Affairs submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Special Events and Cultural Affairs, having had under consideration a proposed order to grant permission to the Armitage-Webster-Halsted Merchant Association for the conduct of a sidewalk sale on West Armitage Avenue (2000 north) between North Halsted Street (800 west) and North Racine Avenue (1200 west), begs leave to recommend that Your Honorable Body do Pass this order transmitted on July 20, 2009 at the Committee on Special Events and Cultural Affairs meeting. 67902 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 This recommendation was concurred in by all members of the Committee present, with no dissenting vote. Respectfully submitted, (Signed) WALTER BURNETT, JR., Chairman. On motion of Alderman Burnett, the said proposed order transmitted with the foregoing committee report was Passed by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyle, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said order as passed; Ordered, That the Executive Director of the Mayor's Office of Special Events is hereby authorized and directed to grant permission to the Armitage-Webster-Halsted Merchant Association for the conduct of a sidewalk sale at the following location; West Armitage Avenue (2000 north) between North Halsted Street (800 west) and North Racine Avenue (1200 west) for the period of Saturday, July 18, 2009, from 10:00 A.M. until 6:00 P.M. and Sunday, July 19, 2009, from 10:00 A.M. until 6:00 P.M. COMMITTEE ON TRAFFIC CONTROL AND SAFETY. ESTABLISHMENT AND AMENDMENT OF LOADING ZONES. The Committee on Traffic Control and Safety submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: 7/29/2009 REPORTS OF COMMITTEES 67903 Your Committee on Traffic Control and Safety, to which was referred (March 18, April 22, May 13 and June 3, 2009) proposed ordinances to establish and amend loading zones on portions of sundry streets, begs leave to recommend that Your Honorable Body do Pass the proposed substitute ordinances submitted herewith. This recommendation was concurred in by all members of the Committee present, with no dissenting votes. Respectfully submitted, (Signed) PATRICK O'CONNOR, Chairman. On motion of Alderman Doherty, the said proposed substitute ordinances transmitted with the foregoing committee report were Passed by yeas and nays as follows: Yeas - Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyle, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following are said ordinances as passed (the italic heading in each case not being a part of the ordinance); Establishment Of Loading Zones. [SO2009-4255] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Pursuant to Title 9, Chapter 64, Section 160 of the Municipal Code of Chicago, the following locations are hereby designated as loading zones for the distances specified, during the hours indicated; Ward Location West Belmont Avenue (south side) from a point 20 feet east of North Campbell Avenue to a point 50 feet east thereof - loading zone - 6:00 A.M. to 7:00 A.M. and 9:00 A.M. to 5:00 P.M. - Monday through Friday - tow-away zone (09-00976565); 67904 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ward Location 2 1717 South Wabash Avenue (25 feet) - 4:00 A.M. to 10:00 P.M. - Monday through Saturday; 3 South State Street (west side) from a point 275 feet south of West 15'" Street to a point 40 feet south thereof - at all times (09-00867970); 11 South Archer Avenue (south side) from a point 60 feet east of South Green Street to a point 25 feet east thereof - 30 minute loading zone - 10:00 A.M. to 6:00 P.M. - Monday through Saturday (09-00549572); 11 West 33'" Street (north side) from a point 40 feet east of South Halsted Street to a point 43 feet east thereof - 6:00 A.M. to 10:00 P.M. - all days (09-00805113); 26 North Kedzie Avenue (west side) from a point 160 feet north of West North Avenue to a point 25 feet north thereof - 15 minute loading zone — use flashing lights - tow-away zone after 15 minutes - 9:00 A.M. to 10:00 P.M. (09-00806782); 26 West North Avenue (north side) from a point 87 feet west of North Monticello Avenue to a point 20 feet west thereof - 15 minute loading zone — use flashing lights - tow-away zone after 15 minutes - 9:00 A.M. to 6:00 P.M. - Monday through Saturday (09-00806694); 27 West Fulton Market (south side) from a point 30 feet east of North Carpenter Street to a point 20 feet east thereof-8:00 A.M. to 6:00 P.M. -Monday through Saturday - loading zone/tow-away zone (09-00806996); 27 West Chicago Avenue (north side) from a point 55 feet east of North Trumbull Avenue to a point 24 feet east thereof - 6:00 A.M. to 4:00 P.M. - Monday through Friday - loading zone/tow-away zone (09-00807154); 30 North Milwaukee Avenue (west side) from a point 20 feet west of North Keystone Avenue to a point 25 feet west thereof - 3:00 P.M. to 10:00 P.M. - Sunday through Thursday - 3:00 P.M. to Midnight - Friday and Saturday - loading zone/tow-away zone (09-00869173); 30 West Grace Street (north side) from a point 20 feet west of North Pulaski Road to a point 25 feet west thereof - 15 minute loading zone - use flashing lights - tow- away zone after 15 minutes - 9:00 A.M. to 10:00 P.M. - Tuesday through Sunday (09-00807571); 35 North Milwaukee Avenue (east side) from a point 322 feet west of North California Avenue to a point 20 feet west thereof - 6:00 A.M. to Midnight - loading zone/tow- away zone (09-00808795); 7/29/2009 REPORTS OF COMMITTEES 67905 Ward Location 36 North Newcastle Avenue (west side) from a point 58 feet south of West Grand Avenue to a point 50 feet south thereof - loading zone - at all times >: (09-00869328); 40 West Olive Avenue (north side) from a point 20 feet east of North Ashland Avenue to a point 25 feet east thereof - 6:00 A.M. to 10:00 P.M. - loading zone/tow-away zone (09-00562702); 42 East Superior Street (north side) from a point 80 feet east of North Wabash Avenue to a point 22 feet east thereof - 10:00 A.M. to 2:00 AM. - loading zone/tow-away zone (09-00809368); 42 West Illinois Street (north side) from a point 30 feet west of North LaSalle Street to a point 60 feet west thereof - 9:00 A.M. to 3:00 A.M. - loading zone/tow-away zone (09-00809303); 42 North Clinton Street (east side) from a point 20 feet south of West Randolph Street to a point 56 feet south thereof - loading zone - 5:00 A.M. to 9:00 P.M. - tow-away zone (09-00563284). SECTION 2. This ordinance shall take effect and be in force hereinafter its passage and publication. Amendment Of Loading Zones. [SO2009-4263] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Amend the existing loading zone located at 1301 South Wabash Avenue by striking: "11 ;00 A.M. to 3:00 P.M." and inserting: "at all fimes" (2"" Ward). SECTION 2. Repeal the loading zone passed September 14,1994 {Journal of the Proceedings of the City Council of the City of Chicago, page 56316) which reads; "West Maypole Avenue (north side) from a point 25 feet west of North Campbell Avenue to a point 80 feet west thereof - 7:00 A.M. to 5:00 P.M. - Monday through Friday" by striking the above (2''" Ward) (09-00804814). SECTION 3. Amend the ordinance passed December 11, 1991 {Journal ofthe Proceedings of the City Council of the City of Chicago, page 11123) which reads; "West Randolph Street (service drive) south leg (south side) from a point 58 feet east of North Green Street to a point 25 feet east thereof" by striking: "to a point 25 feet" and inserting; "to a point 42 feet - loading zone/tow-away zone" (27'" Ward) (09-00807361). 67906 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 SECTION 4. Amend the ordinance passed February 24, 1984 {Journal of the Proceedings of the City Council ofthe City of Chicago, page 5337) which reads: "North Clinton Street (east side) from a point 20 feet south of West Randolph Street to a point 165 feet south thereof; cab stand Number 542 (7) cabs" by striking the above and inserting: "from a point 110 feet south of West Randolph to a point 75 feet south thereof cab stand Number 542 (4) cabs" (42''" Ward) (09- 00563284). SECTION 5. Repeal the ordinance passed November 3, 1999 {Journal ofthe Proceedings of the City Council of the City of Chicago, page 14175) which reads: "West Lawrence Avenue (south side) from a point 120 feet east of North California Avenue to a point 60 feet east thereof - loading zone - 9:00 A.M. to 9:00 P.M. - Monday through Saturday - tow-away zone by striking the above (47'" Ward) (09-01082196). SECTION 6. This ordinance shall take effect and be in force hereinafter its passage and publication. ESTABLISHMENT AND AMENDMENT OF VEHICULAR TRAFFIC MOVEMENT. The Committee on Traffic Control and Safety submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Traffic Control and Safety, to which was referred (April 22 and June 3, 2009) ordinances to establish and amend traffic movement on portions of sundry streets, begs leave to recommend that Your Honorable Body do Pass the proposed substitute ordinances submitted herewith. This recommendation was concurred in by all members of the Committee present, with no dissenting votes. Respectfully submitted, (Signed) PATRICK O'CONNOR, Chairman. 7/29/2009 REPORTS OF COMMITTEES 67907 On motion of Alderman Doherty, the said proposed substitute ordinances transmitted with the foregoing committee report were Passed by yeas and nays as follows: Yeas — Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyle, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following are said ordinances as passed (the italic heading in each case not being a part of the ordinance): Establishment Of Vehicular Traffic Movement. [SO2009-4256] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Pursuant to Tifie 9, Chapter 64, Section 010 of the Municipal Code of Chicago, the operator of a vehicle shall operate such vehicle only in the direction specified below on the public ways between the limits indicated; Ward Location 14 The first alley south of West 51" Street, from South Mozart Street to South Francisco Avenue - westeriy (09-00805398). SECTION 2. This ordinance shall take effect and be in force hereinafter its passage and publication. Repeal Of Vehicular Traffic Movement. [SO2009-4257] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Repeal ordinance passed July 30, 1997 {Journal of the Proceedings ofthe City Council of the City of Chicago, page 50142) which reads; "West Lakeside Place in the 700 block, from North Marine Drive to North Clarendon Avenue - westeriy" by striking the above (46'" Ward) (09-01081419), 67908 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 SECTION 2. This ordinance shall take effect and be in force hereinafter its passage and publication. ESTABLISHMENT AND AMENDMENT OF PARKING RESTRICTIONS. The Committee on Traffic Control and Safety submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Traffic Control and Safety, to which was referred (February 11, March 18, April 22, May 13, June 3, 30 and July 22, 2009) proposed ordinances to establish and amend parking restrictions on portions of sundry streets, begs leave to recommend that Your Honorable Body do Pass the proposed substitute ordinances submitted herewith. This recommendation was concurred in by all members of the Committee present, with no dissenting votes. Respectfully submitted, (Signed) PATRICK O'CONNOR, Chairman. On motion of Alderman Doherty, the said proposed substitute ordinances transmitted with the foregoing committee report were Passed by yeas and nays as follows; Yeas — Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyle, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. 7/29/2009 REPORTS OF COMMITTEES 67909 The following are said ordinances as passed (the italic heading in each case not being a part of the ordinance); Parking Prohibition At All Times. [SO2009-4271] Be It Ordained by the City Council ofthe City of Chicago: SECTION 1. Pursuant to Title 9, Chapter 64, Section 050 of the Municipal Code of Chicago, the operator of a vehicle shall not park such vehicle at any time upon the following public way as indicated; Ward Location 50 North Western Avenue (west side) from West Birchwood Avenue north to West Howard Street (09-00869862). SECTION 2. This ordinance shall take effect and be in force hereinafter its passage and publication. Parking Prohibition At All Times. (Except For Disabled) [SO2009-4258] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Pursuant to Title 9, Chapter 64, Secfion 050 of the Municipal Code of Chicago, the operator of a vehicle shall not park such vehicle at any time upon the following public way as indicated; Ward Location 1 2134 West Superior Street - Disabled Parking Permit 64030; 3 3720 South Wabash Avenue - Disabled Parking Permit 69123; 67910 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ward Location 4 4412 South Oakenwald Avenue - Disabled Parking Permit 59943; 5 7050 South Harper Avenue - Disabled Parking Permit 69964; 5 1522 East 73'" Place - Disabled Parking Permit 66254; 7 8631 South Phillips Avenue - Disabled Parking Permit 67688; 8 8823 South Dante Street - Disabled Parking Permit 68573; 8 8216 South Harper Avenue - Disabled Parking Permit 66649; 9 340 West 100'" Street - Disabled Parking Permit 68977; 10 11318 South Avenue J - Disabled Parking Permit 58734; 10 10038 South Avenue L - Disabled Parking Permit 68054; 10 3356 East 106'" Street - Disabled Parking Permit 63682; 11 4538 South Wallace Street - Disabled Parking Permit 69287; 11 1643 West 33'" Street - Disabled Parking Permit 69594; 12 2842 South Troy Street - Disabled Parking Permit 68726; 13 3845 West 68'" Street - Disabled Parking Permit 69643; 14 4544 South Whipple Street -Disabled Parking Permit 69436; 15 "5801 South Damen Avenue (post signs on West 58'" Street) - Disabled Parking Permit 66453; 15 6833 South Campbell Avenue - Disabled Parking Permit 68766; 15 5515 South Hamilton Avenue - Disabled Parking Permit 68777; 15 6836 South Rockwell Street - Disabled Parking Permit 68141 15 6824 South Talman Avenue - Disabled Parking Permit 68150 15 6205 South Wolcott Avenue - Disabled Parking Permit 65569 7/29/2009 REPORTS OF COMMITTEES 67911 Ward Location 15 West 63'" Place (north side) from a point 140 feet west of North Kedzie Avenue to a point 40 feet west thereof - reserved 2% disabled parking (09-00805496); 16 6223 South Laflin Street - Disabled Parking Permit 69566; 17 7947 South Carpenter Street - Disabled Parking Permit 66998; 17 7739 South Peoria Street - Disabled Parking Permit 69812; 17 8005 South Stewart Street - Disabled Parking Permit 59876; 18 8336 South Paulina Street - Disabled Parking Permit 51945; 21 9137 South Marshfield Avenue - Disabled Parking Permit 69717; 21 8627 South Ada Avenue - Disabled Parking Permit 66351; 21 8442 South May Street - Disabled Parking Permit 66337; 21 9339 South Normal Avenue - Disabled Parking Permit 66336; 22 2246 South Homan Avenue - Disabled Parking Permit 67906; 22 2623 South Kolin Avenue - Disabled Parking Permit 64502; 22 4148 West 24'" Street - Disabled Parking Permit 66696; 23 4615 South Leamington Avenue ~ Disabled Parking Permit 68791; 23 6005 South Merrimac Avenue - Disabled Parking Permit 68807; 23 5633 South Newcastle Avenue - Disabled Parking Permit 69441; 23 6135 South Rutherford Avenue - Disabled Parking Permit 67777; 24 3839 West Flournoy Street - Disabled Parking Permit 67474; 25 2242 West Cullerton Street - Disabled Parking Permit 67823; 25 1714 West 17'" Street - Disabled Parking Permit 67719; 25 964 West 18'" Place - Disabled Parking Permit 67812; 67912 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ward Location 25 2021 West 22"^" Place - Disabled Parking Permit 67713; 25 1706 West 21" Street - Disabled Parking Permit 67827; 27 652 North Albany Avenue - Disabled Parking Permit 68506; 27 906 North Trumbull Avenue - Disabled Parking Permit 66426; 28 4522 West Maypole Avenue - Disabled Parking Permit 69397; 28 2648 West 23'" Place - Disabled Parking Permit 69395; 28 421 North Leclaire Avenue - Disabled Parking Permit 69400; 28 4302 West Gladys Avenue (signs to be posted at 4348 West Maypole Avenue) - Disabled Parking Permit 69086; 28 15 North Long Avenue - Disabled Parking Permit 67634; 28 4228 West Maypole Avenue - Disabled Parking Permit 69083; 28 5043 West Maypole Avenue - Disabled Parking Permit 68702; 28 1648 West Montvale Avenue. - Disabled Parking Permit 67990; 28 4847 West Washington Boulevard - Disabled Parking Permit 68716; 28 5040 West Washington Boulevard - Disabled Parking Permit 68704; 29 1737 North Moody Avenue - Disabled Parking Permit 69738; 29 1619 North Merrimac Avenue - Disabled Parking Permit 68881; 29 1117 North Monitor Avenue - Disabled Parking Permit 67502; 29 1318 North Mayfield Avenue - Disabled Parking Permit 67383; 30 2116 North Kariov Avenue - Disabled Parking Permit 68338; 30 4329 West Dickens Avenue - Disabled Parking Permit 55379; 30 5409 West Schubert Avenue - Disabled Parking Permit 65015; 7/29/2009 REPORTS OF COMMITTEES 67913 Ward Location 34 132 West 112'" Street - Disabled Parking Permit 67877; 34 10230 South Green Street - Disabled Parking Permit 67302; 34 326 West 109'" Street - Disabled Parking Permit 68547; 34 1430 West 114'" Place - Disabled Parking Permit 66717; 34 11619 South Elizabeth Street - Disabled Parking Permit 68551; 35 2512 North Ridgeway Avenue - Disabled Parking Permit 64278; 35 3631 North St. Louis Avenue - Disabled Parking Permit 69321; 35 3038 West Medill Street - Disabled Parking Permit 69318; 35 2749 North Sawyer Avenue - Disabled Parking Permit 69432; 36 6330 West Eddy Street - Disabled Parking Permit 67409; 36 3535 North Oriole Avenue - Disabled Parking Permit 67407; 36 3709 North Odell Avenue - Disabled Parking Permit 67397; 36 6331 West Newport Avenue - Disabled Parking Permit 69255; 37 1410 North Lawler Avenue - Disable Parking Permit 66395; 37 4304 West Potomac Avenue - Disabled Parking Permit 67668; 37 832 North Lavergne Avenue - Disabled Parking Permit 67740; 37 4846 West Crystal Street - Disabled Parking Permit 66098; 37 703 North Central Avenue - Disabled Parking Permit 63742; 38 5813 West Roscoe Street - Disabled Parking Permit 67210; 38 6212 West Warwick Avenue - Disabled Parking Permit 66588; 38 6148 West Eastwood Avenue - Disabled Parking Permit 68176; 38 5318 West Berenice Avenue - Disabled Parking Permit 66587; 67914 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ward Location 38 4848 West Eddy Street - Disabled Parking Permit 67213; 39 4918 North Drake Avenue - Disabled Parking Permit 68113; 39 4131 West Cullom Avenue - Disabled Parking Permit 69215; 39 5939 North St. Louis Avenue - Disabled Parking Permit 68115; 40 2819 West Balmoral Avenue - Disabled Parking Permit 67600; 40 5855 North Fairfield Avenue - Disabled Parking Permit 63889; 40 5619 North Richmond Street - Disabled Parking Permit 67595; 41 8514 West Rascher Avenue - Disabled Parking Permit 67365; 41 6828 West Highland Avenue - Disabled Parking Permit 67626; 41 6356 North Normandy Avenue - Disabled Parking Permit 67947; 42 750 North Dearborn Street - Disabled Parking Permit 57411; 44 1214 West Cornelia Avenue - Disabled Parking Permit 66944; 45 4842 North Melvina Avenue - Disabled Parking Permit 69080 ; 45 4705 North Keating Avenue - Disabled Parking Permit 67527; 49 7700 North Eastlake Terrace - Disabled Parking Permit 69991; 50 2300 West Granville Avenue (post signs on the corner of 6200 North Oakley Avenue) - Disabled Parking Permit 68607; 50 6238 North Sacramento Avenue - Disabled Parking Permit 69738. SECTION 2. This ordinance shall take effect and be in force hereinafter its passage and publication. 7/29/2009 REPORTS OF COMMITTEES 67915 Amendment Of Disabled Permit Parking. [SO2009-4259] Se It Ordained by the City Council of the City of Chicago: SECTION 1. Removal of Disabled Parking Permit 5328 for 6944 South Vernon Avenue (6'" Ward). SECTION 2. Removal of Disabled Parking Permit 6478 for 6941 South Vernon Avenue (6'" Ward). SECTION 3. Removal of Disabled Parking Permit 49768 for 6915 South Union Avenue (6'" Ward). SECTION 4. Removal of Disabled Parking Permit 40536 for 7129 South Perry Avenue (6'" Ward). SECTION 5. Removal of Disabled Parking Permit 50610 for 7702 South Champlain Avenue (6'" Ward). SECTION 6. Removal of Disabled Parking Permit 21131 for 6805 South Champlain Avenue (6'" Ward). SECTION 7. Removal of Disabled Parking Permit 29315 for 10434 South Calhoun Avenue (10'" Ward). SECTION 8. Removal of Disabled Parking Permit 17264 for 529 West 46'" Place (11'" Ward). SECTION 9. Removal of Disabled Parking Permit 42852 for 6107 South Menard Avenue (13'" Ward). SECTION 10, Amend the ordinance passed on June 3, 2009 {Journal ofthe Proceedings of the City Council of the City of Chicago, page 63996) which established Disabled Parking Permit 68894 at 6331 South Knox Avenue by striking: "6331 South Knox Avenue" and inserting; "6321 South Knox Avenue" (13'" Ward). SECTION 11. Removal of Disabled Parking Permit 16798 for 4545 South Harding Avenue (14'" Ward). SECTION 12. Removal of Disabled Parking Permit 20584 for 3450 West Marquette Road (15'" Ward). 67916 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 SECTION 13. Removal of Disabled Parking Permit 58308 for 7241 South Francisco Avenue (18'" Ward). SECTION 14. Removal of Disabled Parking Permit 40978 for 2315 West 81" Place (18'" Ward). SECTION 15. Removal of Disabled Parking Permit 55867 for 4527 South Hermitage Avenue (20'" Ward). SECTION 16. Removal of Disabled Parking Permit 67485 for 2128 South Lawndale Avenue (24" Ward). SECTION 17. Removal of Disabled Parking Permit 13498 for 2318 West 25'" Street (25'" Ward). SECTION 18. Removal of Disabled Parking Permit 45667 for 2439 West Fillmore Street (28'" Ward). SECTION 19. Removal of Disabled Parking Permit 28349 for 2954 North Lawndale Avenue (30'" Ward). SECTION 20. Removal of Disabled Parking Permit 17247 for 4317 West Parker Avenue (31" Ward). SECTION 21. Removal of Disabled Parking Permit 34133 for 5109 West Altgeld Street (31" Ward). SECTION 22. Removal of Disabled Parking Permit 17216 for 3922 North Troy Street (33'" Ward). SECTION 23. Removal of Disabled Parking Permit 14009 for 3338 West Warner Avenue (33'" Ward). SECTION 24. Removal of Disabled Parking Permit 66890 for 2525 West Benwyn Avenue (40'" Ward). SECTION 25. Removal of Disabled Parking Permit 43214 for 2208 West Ainslie Street (47'" Ward). SECTION 26. Removal of Disabled Parking Permit 58760 for 5335 North Magnolia Avenue (48'" Ward). SECTION 27. This ordinance shall take effect and be in force hereinafter its passage and publication. 7/29/2009 REPORTS OF COMMITTEES 67917 Parking Prohibition During Specified Hours. [SO2009-4260] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Pursuant to Title 9, Chapter 64, Section 080 of the Municipal Code of Chicago, the operator of a vehicle shall not park such vehicle upon the following public way in the areas indicated during the hours specified; Ward Location South Michigan Avenue (east side) from a point 190 feet south of East 35'" Street to a point 60 feet south thereof - reserved 2% disabled parking - 8:00 A.M. to 6:00 P.M. - Monday through Friday (public benefit) (09-00867897). SECTION 2. This ordinance shall take effect and be in force hereinafter its passage and publication. Establishment Of Parking Limitation On Portion Of W. Grace St. [SO2009-4261] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Pursuant to Tifie 9, Chapter 64, Secfion 080 ofthe Municipal Code of Chicago, the operator of a vehicle shall not park such vehicle upon the following public way in the areas indicated during the hours specified; Ward Location 30 West Grace Street (north side) from a point 45 feet west of North Pulaski Road to the first alley west thereof - 2 hours - 9:00 A.M. to 10:00 P.M. - Tuesday through Sunday (09-00807422). SECTION 2. This ordinance shall take effect and be in force hereinafter its passage and publication. 67918 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Amendment Of Parking Limitation. [SO2009-4262] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Repeal the ordinance passed May 28, 1958 {Journal ofthe Proceedings ofthe City Council ofthe City of Chicago, page 7773) which reads: "West Irving Park Road (north side) from North Long Avenue to North Lockwood Avenue - 1 hour parking - 8:00 A.M. to 6:00 P.M. - except Sundays and holidays" by striking the above (38'" Ward) (09-00808963). SECTION 2. Repeal the ordinance passed September 19, 1957 {Journal ofthe Proceedings ofthe City Council ofthe City of Chicago, page 6024) which reads; "West Irving Park Road (both sides) from North Lockwood Avenue to North Laramie Avenue - 1 hour parking — 8:00 A.M. to 6:00 P.M. - except Sundays and holidays" by striking the above (38'" Ward) (09-00808816). SECTION 3. Repeal the ordinance which reads: "West Irving Park Road (south side) from North Lockwood Avenue to North Central Avenue - 1 hour parking - 8:00 A.M. to 6:00 P.M. - Monday through Saturday" (38'" Ward) (09-00808981). SECTION 4. This ordinance shall take effect and be in force hereinafter its passage and publication. Designation Of Residential Parking Permit Zones. [SO2009-4264] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Pursuant to Title 9, Chapter 64, Section 090 of the Municipal Code of Chicago, portions ofthe below named streets are hereby designated as residential permit parking zones, for the following locations; Ward Location 8 9300 block of South Cregier Avenue (both sides) between East 93'" Street and no outlet (9308 - 9356 and 9309 - 9355) (Zone Number 670); 12 4300 block of South Artesian Avenue (both sides) - at all times-all days- (Zone Number 1519); 7/29/2009 REPORTS OF COMMITTEES 67919 Ward Location 12 2800 block of West Cullerton Street (both sides) - at all fimes - all days- (Zone Number 1520); 19 1800 - 1838 West 107'" Street - 8:00 A.M. to 6:00 P.M. - Monday through Saturday (Zone Number 1521); 23 4700 block of West 50'" Street, between South Keating Avenue and South Kilpatrick Avenue (4709 - 4717 and 4708 - 4716 West 50'" Street) (Zone Number 1519); 23 5400 block of South Hamlin Avenue (both sides) from West 54'" Street to West 55'" Street (5400 - 5440 and 5401 - 5443 South Hamlin Avenue) - at all times (Zone Number 1518); 24 2300 - 2399 South Troy Street (both sides) - at all times - all days (Zone Number 1522); 25 208 - 258 West 23'" Place (north side) and 215 - 219 West 23'" Place - at all times - all days (Zone Number 1523); 25 306 to 347 West 24'" Place (both sides) - 8:00 A.M. to 8:00 P.M.-all days (Zone Number 1524); 35 1900 block of North Sawyer Avenue (both sides) between 1901 North Sawyer Avenue and up to the alley 1941 North Sawyer Avenue (1900 -1940 and 1901 - 1941 North Sawyer Avenue) - 4:00 P.M. to 10:00 A.M. - all days (Zone Number 1526); 36 2300 block of North Newcastle Avenue (both sides) from the first alley south of North Medill Avenue - at all times (Zone Number 1525); 50 50'" Ward boundaries - reinstate Zone Number 673 and Zone Number 1035; 50 6500 block of North Claremont Avenue (both sides) (6501 - 6509 and 6502 - 6510 North Claremont Avenue) - 6:00 A.M. to 10:00 P.M. - all days (Zone Number 1527). SECTION 2. This ordinance shall take effect and be in force hereinafter its passage and publication. 67920 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Amendment Of Residential Parking Permit Zones. [SO2009-4265] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Extension to Residential Permit Parking Zone Number 759 for 2400 block of West Iowa Street, between North Campbell Avenue and North Western Avenue - 6:00 P.M. to 6:00 A.M. (1"Ward). SECTION 2. Extension to Residential Permit Parking Zone Number 154 on the 1700 block of West Ellen Street - 6:00 P.M. to 6:00 A.M. (1" Ward). SECTION 3. Amend Residential Permit Parking Zone Number 1500 by striking; "at all times" and inserting; "8:00 A.M. to 10:00 A.M. - all days for 2000 - 2047 West 110'" Street, between West Hoyne Avenue and South Longwood Avenue" (19'" Ward). SECTION 4. Amend Residential Permit Parking Zone Number 1432 by striking; "the 5500 block of West Barry Avenue, between North Luna Avenue and North Linder Avenue (south side)" (31" Ward). SECTION 5. Extend Zone Number 1059 by wrapping around the corner of 7800 West School Street, from North Ozanam Avenue east and west to the alley (36'" Ward). SECTION 6. Repeal Zone Number 1427 from the 3900 block of North Oriole Avenue (36'" Ward). SECTION 7. This ordinance shall take effect and be in force hereinafter its passage and publication. ESTABLISHMENT AND AMENDMENT OF TRAFFIC LANE TOW-AWAY ZONES. The Committee on Traffic Control and Safety submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Traffic Control and Safety, to which was referred (April 22, May 13 and July 22, 2009) proposed ordinances to establish and amend traffic lane tow-away zones on portions of sundry streets, begs leave to recommended that Your Honorable Body do Pass the proposed substitute ordinances submitted herewith. 7/29/2009 REPORTS OF COMMITTEES 67921 This recommendation was concurred in by all members of the committee present, with no dissenting votes. Respectfully submitted, (Signed) PATRICK O'CONNOR, Chairman. On motion of Alderman Doherty, the said proposed substitute ordinances transmitted with the foregoing committee report were Passed by yeas and nays as follows: Yeas - Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyle, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following are said ordinances as passed (the italic heading in each case not being a part of the ordinance); Establishment Of Traffic Lane. Tow-Away Zones. [SO2009-4266] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Pursuant to Title 9, Chapter 64 of the Municipal Code of Chicago, the following locations are hereby designated as traffic lane tow-away zones, between the limits and during the times specified, standing or parking of any vehicle shall be considered a definite hazard to the normal movement of traffic; Ward Location North Ashland Avenue (east side) from a point 319 feet south of West Wabansia Avenue to a point 19 feet south thereof - 30 minute standing zone - use flashing lights - tow-away zone after 30 minutes - 7:00 A.M. to 7:00 P.M. (09-00804361); South Indiana Avenue (west side) from East 23'" Street property line to a point 71 feet north thereof; 67922 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ward Location 2 South Indiana Avenue (west side) from East 23'" Street property line to a point 273 feet south thereof; 2 South Indiana Avenue (west side) from East 24'" Street property line to a point 208 feet north thereof; 2 South Indiana Avenue (west side) from East 24'" Street property line to a point 40 feet south thereof; 2 South Laflin Street (west side) from the east/west alley south of West Adams Street to a point 20 feet north thereof; 2 West Washington Boulevard (north side) from North Francisco Avenue to a point 40 feet east thereof; 2 West Washington Boulevard (south side) from North Francisco Avenue to a point 40 feet east thereof; 2 East 8'" Street (north side) from the north/south alley east of South State Street to a point 64 feet east thereof; 2 On the northeast/southeast corners of West Van Buren Street at South Plymouth Court increasing the corner clearance area by eliminating two parking spaces on each corner; 2 South 13'" Street (north side) east from the stop signs at South State Street (25 feet) - 6:00 A.M. to 7:00 P.M. - Monday through Friday; 3 West 47'" Place (north side) from a point 500 feet west of South Aberdeen Street to a point 40 feet west thereof - tow-away zone - at all times (09-00867937); 5 South Ingleside Avenue (west side) from South Chicago Avenue to East 72"" Street - tow-away zone - at all times (public benefit) (09-00760118); 11 South Archer Avenue (north side) from a point 130 feet east of South Corbett Street to a point 50 feet east thereof - 30 minute standing zone - 7:00 A.M. to 4:00 P.M. - Monday through Friday and 6:00 P.M. to 10:00 P.M. - Saturday and Sunday - tow-away zone at all other times (09-00805086); 11 West 31" Street (north side) from a point 50 feet east of South Quinn Street to a point 40 feet east thereof-15 minute standing zone - use fiashing lights- 6:00 A.M. to 6:00 P.M. - Monday through Friday (09-00868155); 16 West 63'" Street (south side) from a point 85 feet east of South Throop Street to a point 25 feet east thereof - 15 minute standing zone - use flashing lights — 6:00 A.M. to 6:00 P.M. - Monday through Friday (09-00805609); 7/29/2009 REPORTS OF COMMITTEES 67923 Ward Location 27 North Aberdeen Street (west side) from a point 102 feet south of West Fulton Market to a point 40 feet south thereof - 30 minute standing zone - use fiashing lights - tow-away zone after 30 minutes - 8:00 A.M. to 5:00 P.M. - Monday through Friday (09-00807248); 27 North Milwaukee Avenue (east side) from a point 151 feet south of West Huron Street to a point 22 feet south thereof - 15 minute standing zone - use fiashing lights - tow-away zone after 15 minutes - 7:00 A.M. to 7:00 P.M. - Monday through Friday (09-00807214); 27 North Ada Street (west side) from a point 112 feet south of West Chicago Avenue to a point 24 feet south thereof - 15 minute standing zone - use flashing lights - tow-away zone after 15 minutes - 7:00 A.M. to 7:00 P.M. - Monday through Friday (09-00807120); 29 West Chicago Avenue (south side) from a point 257 feet east of North Menard Avenue to a point 35 feet east thereof — 30 minute standing zone - use flashing lights - 6:00 A.M. to 8:00 P.M. - Monday through Friday - tow-away zone (09-00192087); 32 West Belmont Avenue (south side) from a point 270 feet east of North Damen Avenue to a point 25 feet east thereof -15 minute standing zone - use flashing lights - tow-away zone after 15 minutes - 9:00 A.M. to 9:00 P.M. - all days (09-00808697); 35 North California Avenue (east side) from a point 77 feet south of West Logan Boulevard service drive south leg to a point 47 feet south thereof - 15 minute standing zone - use flashing lights - tow-away zone after 15 minutes - 6:00 A.M. to 4:00 P.M. and 6:00 P.M. to 11 ;00 P.M. - all days (09-00808769); 42 East Chicago Avenue (north side) from North Fairbanks Court to a point 288 feet east thereof - at all fimes (09-00809625); 45 West Giddings Street (south side) from North London Avenue to a point 85 feet east thereof (09-00869763); 49 North Clark Street (east side) from a point 270 feel south of West Jarvis Avenue to a point 80 feet south thereof - tow-away zone - at all times (public benefit) (09-00869788). SECTION 2. This ordinance shall take effect and be in force hereinafter its passage and publication. 67924 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Amendment Of Tow-Away Zones. [SO2009-4267] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Repeal the ordinance which reads; "West Lyndale Street (south side) from a point 45 feet east of North Rockwell Street to a point 20 feet east thereof - tow-away zone" by striking the above (1" Ward) (09-00861824). SECTION 2. Amend ordinance passed March 26,1993 {Journal ofthe Proceedings ofthe City Council ofthe City of Chicago, page 30382) which reads; "South Indiana Avenue (east side) from East 43'" Street to East 26'" Street - Street Cleaning signs - Thursday - 7:00 A.M. to 9:00 A.M. (April 1 to November 30) tow-away zone" by striking; "East 26'" Street" and inserting: "East 28'" Place" (2''" Ward) (09-00804784). SECTION 3. Repeal the ordinance passed January 27, 1971 {Journal ofthe Proceedings of the City Council ofthe City of Chicago, page 10478) which reads; "South Sayre Avenue (both sides) from West Archer Avenue to the first alley north thereof - tow-away zone - 8:00 A.M. to 10:00 A.M. - Monday through Friday" (23'" Ward) (09-00868603). SECTION 4. Repeal the ordinance passed December 12, 2007 {Journal ofthe Proceedings ofthe City Council ofthe City of Chicago, page 17570 ) which reads; "West Armitage Avenue (north side) from a point 110 feet east of North Kildare Avenue to a point 20 feet east thereof - 30 minute standing zone - unattended vehicles must have lights flashing - tow-away zone after 30 minutes - 9:00 A.M. to 7:00 P.M." by striking the above (30'" Ward) (09-00807472). SECTION 5. Repeal the ordinance passed November 30, 2005 {Journal ofthe Proceedings of the City Council of the City of Chicago, page 62526) which reads; "West Belmont Avenue (south side) from a point 222 feet east of North Damen Avenue to a point 24 feet east thereof - 15 minute standing zone ~ use flashing lights - tow-away zone after 15 minutes - 9:00 A.M. to 6:00 P.M. - Monday through Friday" by striking the above (32"" Ward) (09-00808724). SECTION 6. Amend the ordinance passed February 11, 2009 {Journal ofthe Proceedings of the City Council of the City of Chicago, page 55053) which reads; "North Manor Avenue (west side) from a point 75 feet south of West Lawrence Avenue to the first alley south thereof by striking; "from a point 75 feet south of West Lawrence Avenue" and inserting: "from West Lawrence Avenue - tow-away zone" (public benefit) (33'" Ward) (09-00808746). SECTION 7, Repeal the ordinance passed December 12, 2007 {Journal ofthe Proceedings ofthe City Council ofthe City of Chicago, page 17570) which reads; "North Ravenswood Avenue (west side) from West Catalpa Avenue to West Balmoral Avenue 30 minute standing zone - use flashing lights - tow-away zone after 30 minutes - 11:00 A.M. to 12:00 P.M. and 2:30 P.M. to 3:30 P.M. - school days only" by striking the above (40'" Ward) (09-00863372). 7/29/2009 REPORTS OF COMMITTEES 67925 SECTION 8. Amend the ordinance passed July 30, 2008 {Journal ofthe Proceedings ofthe City Council ofthe City of Chicago, page 34922), which reads: "North Damen Avenue (east side) from a point 57 feet north of West Leiand Avenue through to a point 38 feet north thereof - 15 minute standing zone - use flashing lights - 8:00 A.M. to 8:00 P.M. - Monday through Saturday - tow-away zone" by striking "15 minute standing zone - use flashing lights" and inserting; "loading zone" (47'" Ward) (09-00809425). SECTION 9. Repeal the ordinance for West Rosemont Avenue (south side) from North Sheridan Road to the lake - tow-away zone by striking the above (49'" Ward) (09-00889981). SECTION 10. This ordinance shall take effect and be in force hereinafter its passage and publication. ERECTION OF TRAFFIC WARNING SIGNS. The Committee on Traffic Control and Safety submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Traffic Control and Safety, to which was referred (April 22 and May 13, 2009) proposed ordinance and orders to erect traffic warning signs, begs leave to recommend that Your Honorable Body do Pass the proposed substitute ordinance and order submitted herewith. This recommendation was concurred in by all members of the Committee present, with no dissenting votes. Respectfully submitted, (Signed) PATRICK O'CONNOR, Chairman. On motion of Alderman Doherty, the said proposed substitute ordinance and order transmitted with the foregoing committee report were Passed by yeas and nays as follows; 67926 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Yeas - Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyle, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following are said ordinance and orders as passed (the italic heading in each case not being a part of the ordinance or order): Erection Of Traffic Warning Signs. [SOr2009-1779] Ordered, That the Commissioner of Transportation is hereby authorized and directed to erect traffic warning signs on the following streets of the types specified; Ward Type Of Sign And Location 5 South Ingleside Avenue and East 72''" Street - "All-Way Stop" sign (09-00760150); 13 West 65'" Street and South Kolin Avenue - "All-Way Stop" sign (09-00977402); 13 West 66'" Street and South Kildare Avenue - "All-Way Stop" sign (09-00977174); 15 Stopping West 66'" Place for South St. Louis Avenue - "Two-Way Stop" sign (09-00805553); 23 West 53'" Street and South Hamlin Avenue - "All-Way Stop" signs; 27 Stopping North Hudson Street for West Elm Street - "Stop" sign (09-00868724); 39 North Bernard Street and West Carmen Avenue - "All-Way Stop" sign (09-00809193); 42 North Clinton Street and West Kinzie Street - "All-Way Stop" sign (09-00869597); 45 Stopping North Liano Avenue for North Lieb Avenue - "Stop" sign (09-00869726); 45 Stopping North Moody Avenue for West Seminole Street - "Two-Way Stop" sign (09-00809901), 7/29/2009 REPORTS OF COMMITTEES 67927 Erection Of Miscellaneous Signs. [SO2009-4268] Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Commissioner of Transportation is hereby authorized and directed to install miscellaneous signs at the below listed locations; Ward Location And Type Of Sign 2 At or near 679 South Lake Shore Drive southbound on the west side of the drive to read: "East-West University, 816 South Michigan Avenue - 'Brown Direcfional Information' sign"; 2 At or near 679 South Lake Shore Drive southbound on the west side of the drive to read: "Spertus Institute of Jewish Studies, 610 South Michigan Avenue - 'Brown Directional Information' sign"; 14 South Kildare Avenue (west side) from West 43'" Street to West 44'" Place - "No Parking Of Trucks" (09-0085355); 41 North Hiawatha Avenue (east side) from the first driveway north of North Mendota Avenue to the first driveway north thereof (approximately 85 feet north) - "Perpendicular Parking" (08-00835202); 41 North Hiawatha Avenue (west side) from North Mendota Avenue to North Moselle Avenue - "Diagonal Parking" (08-00834781); 41 North Sioux Avenue (east side) from North Moselle Avenue to the first alley north thereof- "Diagonal Parking" (08-00835132); 41 North Moselle Avenue (east side) from North Sioux Avenue to the first alley north thereof (approximately 60 feet north thereof) - "Perpendicular Parking" (08-00835166); 41 North Sioux (west side) from North Moselle Avenue to the first alley north thereof (to 7016 North Sioux Avenue) - "Diagonal Parking" (08-00835248); 42 East Lake Street (north side) from a point 90 feet east of North Beaubien Court to a point 25 feet east thereof - "No Parking Except For Argentinian Consulate Vehicles Only - Tow-Away Zone" (09-00869452). SECTION 2. This ordinance shall take effect and be in force hereinafter its passage and publication. 67928 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 ESTABLISHMENT OF SPEED LIMITATION ON PORTION OF N. KEDVALE AVE. [SO2009-4269] The Committee on Traffic Control and Safety submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Traffic Control and Safety, to which was referred (April 22, 2009) a proposed order to establish speed limitations, begs leave to recommend that Your Honorable Body do Pass the proposed substitute ordinance submitted herewith. This recommendation was concurred in by all members of the Committee present, with no dissenting votes. Respectfully submitted, (Signed) PATRICK O'CONNOR, Chairman. On motion of Alderman Doherty, the said proposed substitute ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows; Yeas - Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyle, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed; Be It Ordained by the City Council of the City of Chicago: SECTION 1. Pursuant to Title 9, Chapter 64, Secfion 070 of the Municipal Code of Chicago, it shall be unlawful for the operator of any vehicle to operate such vehicle at a greater speed than is indicated upon the street or other public way designated within the limits specified; 7/29/2009 REPORTS OF COMMITTEES 67929 Ward Location 31 North Kedvale Avenue, from West Belden Avenue to West Fullerton Avenue - 25 miles per hour (09-00808574). SECTION 2. This ordinance shall take effect and be in force hereinafter its passage and publication. ESTABLISHMENT OF WEIGHT LIMITATION ON PORTION OF W. STRONG ST. [SO2009-4270] The Committee on Traffic Control and Safety submitted the following report; CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Traffic Control and Safety, to which was referred (April 22, 2009) a proposed order to establish the allowable weight limit for trucks and commercial vehicles on portion of West Strong Street, begs leave to recommend that Your Honorable Body do Pass the proposed substitute ordinance submitted herewith. This recommendation was concurred in by all members of the Committee present, with no dissenting votes. Respectfully submitted, (Signed) PATRICK O'CONNOR, Chairman. On motion of Alderman Doherty, the said proposed substitute ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows; 67930 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Yeas - Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyle, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed; Be It Ordained by the City Council of the City of Chicago: SECTION 1. Pursuant to Title 9, Chapter 64, Section 030 of the Municipal Code of Chicago, the maximum weight permitted to be carried by any truck or commercial vehicle upon the following public way between the limits indicated (except for the purpose of delivering or picking up material or merchandise) shall be as follows; Ward Location And Limit 45 West Strong Street, from North Cicero Avenue to North Lockwood Avenue ~ 5 tons (09-00809908). SECTION 2. This ordinance shall take effect and be in force hereinafter its passage and publication. Failed To Pass - VARIOUS TRAFFIC REGULATIONS, TRAFFIC SIGNS, ET CETERA. (Adverse Committee Recommendations) [FL2009-12] The Committee on Traffic Control and Safety submitted a report recommending that the City Council do not pass sundry proposed ordinances and proposed orders (transmitted with the committee report) relating to traffic regulations, traffic signs, et cetera. Alderman Doherty moved to Concur In the committee's recommendation. The question in reference to each proposed ordinance or proposed order thereupon became; "Shall the proposed ordinances or proposed orders pass, notwithstanding the committee's adverse recommendation?" and the several questions being so put, each ofthe said proposed ordinances and proposed orders Failed to Pass by yeas and nays as follows; 7/29/2009 REPORTS OF COMMITTEES 67931 Yeas - None. Nays - Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyle, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The committee report listing said ordinances and orders which failed to pass read as follows: CHICAGO, July 29, 2009. To the President and Members of the City Council: Your Committee on Traffic Control and Safety begs leave to recommend that Your Honorable Body Do Not Pass the sundry proposed ordinances and orders submitted herewith which were referred to the Committee (July 9, 2008, February 11, March 18, April 22 and May 13, 2009) concerning traffic regulations and traffic signs, et cetera, as follows; Parking Prohibited At All Times: Ward Location 50 West Arthur Avenue (south side) between North Western Avenue and the first alley next west of Western Avenue. Duplicate proposal previously passed May 12,1999 {Journal ofthe Proceedings ofthe City Council ofthe City of Chicago, page 2277). Signs will be properiy installed (09-00869888). Parking Prohibited At All Times - Disabled: Ward Location 11 At 3608 South Union Avenue - Disabled Parking Permit 69596. Alternative accessible parking (garage); 30 At 4100 West Henderson Street - Disabled Parking Permit 65324. Original disabled signs with Permit 15377 will be re-installed; 67932 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ward Location 45 At 4618 North Lavergne Avenue - Disabled Parking Permit 69747. Alternative accessible parking (garage). Parking Limited: Ward Location 28 301 - 337 South Kedzie Avenue (east side) - 30 minute parking - all days. This location falls within a no parking tow-away zone and no parking bus stop (09-00869112); 11 2556 South Archer Avenue (north side) from a point 90 feet east of South Corbett Avenue to a point 70 feet thereof - 4:00 P.M. to 6:00 P.M. - Monday through Friday. Duplicate request. Previously recommended on a proposal dated April 22, 2009 (09-0080570). Loading Zone: Ward Location 11 2556 South Archer Avenue (north side) from a point 90 feet east of South Corbett Avenue to a point 70 feet thereof - 4:00 P.M. to 6:00 P.M. - Monday through Friday. Duplicate request. Previously recommended on a proposal dated April 22, 2009 (09-0080570). Residential Permit Parking Zones: Ward Location 9300 block of South Crandon Avenue (both sides) and East 94'" Street (north side only) from the first alley east of South Crandon Avenue to the first alley west of South Crandon Avenue - at all times - all days (9314 - 9356 and 9315 - 9357 South Crandon Avenue (both sides) (2310 - 2318 and 2210 - 2218 East 94'" Street (north side). Does not meet percentage of on-street parking occupied during the time requested (29%) and does not meet percentage of vehicles parked not owned by non-residents (18%); 7/29/2009 REPORTS OF COMMITTEES 67933 Ward Location 14 West 56'" Street, from South Albany Avenue to the first alley west thereof (south side) at all times - all days (3605 - 3609 West 56'" Street (south side). Does not meet minimum requirements, less than one block and does not meet percentage of on-street parking occupied during the time requested (50%); 14 5000 block of South Rockwell Street (both sides) at all times - all days (5000 - 5044 and 5003 - 5043 South Rockwell Street). Does not meet percentage of on-street parking occupied during the time requested (75%) and does not meet percentage of vehicles parked not owned by non-residents (30%); 14 5700 block of South Sawyer Avenue - at all times - all days (5700 - 5758 and 5701 — 5757 South Sawyer Avenue). Does not meet percentage of on-street parking occupied during the time requested (55%) and does not meet percentage of vehicles parked not owned by non-residents (30%); 18 7100 block of South Sacramento Avenue (both sides) starting at 7116 and going south to the corner - 9:00 A.M. to 5:00 P.M. - Monday through Friday (7108 - 7158 and 7109 - 7159 South Sacramento Avenue). Does not meet percentage of on-street parking occupied during the time requested (62%) and does not meet percentage of vehicles parked not owned by non-residents (27%); 23 5100 block of South Kilpatrick Avenue (both sides) from West 50'" Street to West 51" Street - at all times (5102 - 5120 and 5101 - 5121 South Kilpatrick Avenue). Does not meet percentage of on-street parking occupied during the time requested (27%) and does not meet percentage of vehicles parked not owned by non-residents (17%). Tow-Away Zones: Ward Location 13 3912 and 3914 West 71" Street- 15 minute standing zone - unattended vehicles must have lights fiashing - after 15 minutes tow-away zone - at all times - all days. Information needed to prepare recommendation for this ordinance is not available. Aldermanic office has been advised (09-00868255); 15 2446 West 63'" Street (install signs in front of 2446 - 2448 West 63'" Street) - 15 minute standing zone - unattended vehicles must have lights fiashing - 7:00 A.M. to 6:00 P.M. - Monday through Friday. This location falls within a bus stop (09-00378114). 67934 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Amend Parking Prohibited At All Times - Disabled: Ward Location 16 Removal of Disabled Parking Permit 51789 signs located at 5320 South Laflin Street. Duplicate. Removal was passed on February 11, 2009 (Journal of the Proceedings ofthe City Council ofthe City of Chicago, page 55045). Amend Parking Prohibited During Specified Hours: Ward Location 5 Removal of parking prohibited - 7:00 A.M. to 4:30 P.M.. Signs located at 5640 South Blackstone Avenue (09-00804918); 38 Repeal parking limited during specifled hours - 9:00 A.M. to 4:00 P.M. located at 5221 West Irving Park Road (south side). Request withdrawn (09-00808852); 38 Repeal parking limited during specified hours - 9:00 A.M. to 4:00 P.M. - Monday through Saturday located at 5228 West Irving Park Road (north side). Request withdrawn (09-00808892); 38 Repeal parking limited during specified hours - 9:00 A.M. to 4:00 P.M. - Monday through Saturday located at 5246 West Irving Park Road (north side). Request withdrawn (09-00808921); 38 Repeal parking limited during specified hours - 9:00 A.M. to 4:00 P.M. located at 5247 West Irving Park Road (south side). Request withdrawn (09-00808937); 38 Repeal parking limited during specified hours - 8:00 AM. to 4:00 P.M. - Monday through Saturday located at 5328 West Irving Park Road (north side). Request withdrawn (09-00809010); 38 Repeal parking limited during specified hours - 8:00 A.M. to 4:00 P.M. - Monday through Saturday located at 5332 West Irving Park Road (north side). Request withdrawn (09-00809029); 38 Repeal parking limited during specified hours - 9:00 A.M. to 6:00 P.M. - Monday through Saturday located at 5333 West Irving Park Road (south side). Request withdrawn (09-00809062); 38 Repeal parking limited during specified hours - 9:00 A.M. to 6:00 P.M. - Monday through Saturday located at 5351 West Irving Park Road (south side). Request withdrawn (09-00809083); 7/29/2009 REPORTS OF COMMITTEES 67935 Ward Location 38 Repeal parking limited during specified hours - 8:00 A.M. to 4:00 P.M. - Monday through Saturday located at 5352 West Irving Park Road (north side). Request withdrawn (09-00809120); 38 Repeal parking limited during specified hours - 9:00 A.M. to 6:00 P.M. - Monday through Saturday located at 5415 West Irving Park Road (south side). Request withdrawn (09-00809093); 38 Repeal parking limited during specified hours - 9:00 A.M. to 6:00 P.M. — Monday through Saturday located at 5419 West Irving Park Road (south side). Request withdrawn (09-00809139); 38 Repeal parking limited during specified hours •9:00 A.M. to 6:00 P. M. - Monday through Saturday located at 5515 West Irving Park Road (south side) (09-00809151); 38 Repeal parking limited during specified hours - 9:00 A.M. to 6:00 P.M. - Monday through Saturday located at 5533 West Irving Park Road (south side). Request withdrawn (09-00809160); 38 Repeal parking limited during specified hours - 8:00 A.M. to 8:00 P.M. — Moriday through Saturday located at 5555 West Irving Park Road (south side). Request withdrawn (09-00809181). Amend Loading Zones: Ward Location 30 Amend 15 minute loading zone - unattended vehicles must have lights flashing - tow-away zone after 15 minutes - 9:00 A.M. to 6:00 P.M. - Monday through Saturday on North Milwaukee Avenue (east side) from a point 175 feet north of West Roscoe Street to a point 25 feet north thereof, by striking; "15 minute loading zone - unattended vehicles must have light flashing - tow-away zone after 15 minutes" and inserting: "loading zone" (09-00863773). These Do Not Pass recommendations were concurred in by all members of the Committee present, with no dissenting votes. Respectfully submitted, (Signed) PATRICK O'CONNOR, Chairman. 67936 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 COMMITTEE ON TRANSPORTATION AND PUBLIC WAY. GRANTS OF PRIVILEGE IN PUBLIC WAY. The Committee on Transportation and Public Way submitted the following report: CHICAGO, July 31, 2009. To the President and Members of the City Council: Your Committee on Transportation and Public Way begs leave to report and recommend that Your Honorable Body Pass the proposed ordinances and substitute ordinances transmitted herewith for grants of privilege in the public way. These ordinances were referred to the Committee on June 30, 2009. This recommendation was concurred in unanimously by a viva voce vote ofthe members ofthe Committee, with no dissenting vote. Respectfully submitted, (Signed) THOMAS R. ALLEN, Chairman. On motion of Alderman Allen, the said proposed ordinances and substitute ordinances transmitted with the foregoing committee report were Passed by yeas and nays as follows; Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyle, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Murioz, Zaiewski, Dixon, Solis, Maldonado, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Stone - 48. Nays — None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following are said ordinances as passed (the italic heading in each case not being a part ofthe ordinance): 7/29/2009 REPORTS OF COMMITTEES 67937 A. Saccone & Sons. [02009-4400] Se It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to A. Saccone & Sons, upon the terms and subject to the conditions of this ordinance, to construct, install, maintain and use concrete brickpaver in the public right-of-way adjacent to its premises known as 3621 - 3625 North Sheffield Avenue. Said concrete brickpaver at North Sheffield Avenue measures fifty-eight point three three (58.33) feet in length and sixteen point four one (16.41) feet in width for a total of nine hundred fifty-seven point two (957.2) square feet. Brickpavers shall be located in the parkway along North Sheffield Avenue. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Planning and Development and the Department of Transportation (Public Way Permits Section). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1086430 herein granted the sum of Four Hundred and no/100 Dollars ($400.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67938 of this Journal.] Aberdeen Coin Laundry. [02009-4401] Se It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Aberdeen Coin Laundry, upon the terms and subject to the conditions of this ordinance, to maintain and use, (Continued on page 67939) 67938 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on page 67937 of this Journal. 7/29/2009 REPORTS OF COMMITTEES 67939 (Continued from page 67937) one (1) sign projecting over the public right-of-way attached to its premises known as 1101 West 31" Street. Said sign structure measures as follows: along West 31" Street, at four (4) feet in length, seven (7) feet in height and fifteen (15) feet above grade level. The location of said privilege shall be as shown on print hereto attached, which by reference is are hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Office of Emergency Management and Communications. This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1051510 herein granted the sum of Three Hundred and no/100 Dollars ($300.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67940 of this Journal.] AEB III Corporation. (Fire Escape) [02009-4402] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to AEB 111 Corporafion, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) fire escape over the public right-of-way adjacent to its premises known as 16 West Ontario Street. Said fire escape at West Ontario Street measures thirty-three (33) feet in length and three point six seven (3.67) feet in width for a total of one hundred twenty-one point one one (121.11) square feet. The location of said (Continued on page 67941) 67940 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 67937 and 67939 of this Journal. Uol Ui.-^l^ DEPTH OF LENGTH OF STRUCTURE STRUCTURE SIDEWALK 7/29/2009 REPORTS OF COMMITTEES 67941 (Continued from page 67939) privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and speciflcations approved by the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1084418 herein granted the sum of Four Hundred and no/100 Dollars ($400.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67942 of this Journal.] AEB III Corporation. (Step) [02009-4403] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to AEB 111 Corporation, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) step on the public right-of-way adjacent to its premises known as 18 West Ontario Street. Said step at West Ontario Street measures eight point five eight (8.58) feet in length and point seven five (.75) foot in width for a total of six point four four (6.44) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development). (Continued on page 67943) 67942 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 67939 and 67941 of this Journal. PARTIAL SITE PLAN FOR 16 & 18 W. ONTARIO 4^ SCALE = 1/8" = r-0" N 7/29/2009 REPORTS OF COMMITTEES 67943 (Continued from page 67941) This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1084419 herein granted the sum of Four Hundred and no/100 Dollars ($400.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67944 of this Journal.] Alcatras. [02009-4404] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Alcatras, upon the terms and subject to the conditions of this ordinance, to maintain and use, one (1) sign projecting over the public right-of-way attached to its premises known as 6320 North Lincoln Avenue. Said sign structure measures as follows; along North Lincoln Avenue, at thirty (30) feet in length, four (4) feet in height and nine point eight three (9.83) feet above grade level. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Office of Emergency Management and Communications. This grant of privilege in the public way shall be "subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087962 herein granted the sum of One Hundred and no/100 Dollars ($100.00) per annum, in advance. (Continued on page 67945) 67944 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 67941 and 67943 of this Journal. >- ^> o < Z o 00 T— o Q. HI CO II I- UI i Q. 7/29/2009 REPORTS OF COMMITTEES 67945 (Continued from page 67943) A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67946 of this Journal.] The Alter Group, A.K.A. DP Leasehold (Illinois), L.L.C. (Planter Railings) [02009-4405] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to The Alter Group, also known as DP Leasehold (Illinois), L.L.C, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, four (4) planter railings on the public right-of-way for beautification purposes adjacent to its premises known as 20 West Kinzie Street. Said planter railings at West Kinzie Street measure two (2) at fifty-five (55) feet in length and five (5) feet in width for a total of five hundred fifty (550) square feet. Said planter railings at North Dearborn Street measure two (2) at thirty-five (35) feet in length and five (5) feet in width for a total of three hundred fifty (350) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Planning and Development and the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087634 herein granted the sum of Zero and no/100 Dollars ($0.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. (Continued on page 67947) 67946 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 67943 and 67945 of this Journal. u c 1^1 7/29/2009 REPORTS OF COMMITTEES 67947 (Continued from page 67945) Authority herein given and granted for a period of five (5) years from and after February 10, 2009. [Drawing referred to in this ordinance printed on page 67948 of this Journal.] The Alter Group, A.K.A. DP Leasehold (Illinois), L.L.C. (Tree Grate) [02009-4406] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to The Alter Group, also known as DP Leasehold (Illinois), L.L.C, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) tree grate on the public right-of-way for beautification purposes adjacent to its premises known as 20 West Kinzie Street. Said tree grate at West Kinzie Street measures five (5) feet in length and five (5) feet in width for a total of twenty-five (25) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Planning and Development and the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087633 herein granted the sum of Zero and no/100 Dollars ($0.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after February 10, 2009. [Drawing referred to in this ordinance printed on page 67949 of this Journal.] 67948 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 67945 and 67947 of this Journal. •••:.- ^-.r^---"^•r'.'^r --^.-^fJaxir. >'i l ••••-^- "^T, ^t 7/29/2009 REPORTS OF COMMITTEES 67949 Ordinance associated with this drawing printed on page 67947 of this Journal. 67950 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Alternatives Shoe Outlet [02009-4407] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Alternafives Shoe Outlet, upon the terms and subject to the conditions of this ordinance, to construct, install, maintain and use two (2) banners over the public right-of-way adjacent to its premises known as 1242 North Milwaukee Avenue. Said banners at North Milwaukee Avenue measure two (2) at two point five (2.5) feet in length and five (5) feet in width for a total of twenty-five (25) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development) This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087741 herein granted the sum of Two Hundred and no/100 Dollars ($200.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67951 of this Journal.] Amalgamated Bank Of Chicago. [02009-4408] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Amalgamated Bank of Chicago, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) vault under the public right-of-way adjacent to its premises (Continued on page 67952) 7/29/2009 REPORTS OF COMMITTEES 67951 Ordinance associated with this drawing printed on page 67950 of this Journal. 3 foT/fu 1>e.pTi-f CiM^K \^.\JJ' ^ 30 In 5 ft iiltiili 2 A 4-' 67952 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Confinued from page 67950) known as 1 West Monroe Street. Said vault at West Monroe Street measures one hundred thirty (130) feet in length and eleven point nine (11.9) feet in width for a total of one thousand five hundred forty-seven (1,547) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Office of Underground Coordination). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087883 herein granted the sum of Eight Thousand Nine Hundred Eighty-seven and no/100 Dollars ($8,987.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after May 29, 2009. [Drawing referred to in this ordinance printed on page 67953 of this Journal.] American National Bank And Trust U. T. 120196-0-0. [02009-4409] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to American National Bank and Trust, under trust 120196-0-0, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) stairway on the public right-of-way adjacent to its premises known as 207 West Superior Street. Said stairway measures five point three (5.3) feet in length and nine (9) feet in width for a total of forty-seven point seven (47.7) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development), (Continued on page 67954) 7/29/2009 REPORTS OF COMMITTEES 67953 Ordinance associated with this drawing printed on pages 67950 and 67952 of this Journal. 5/26/2004 REPORTS OF COMMITTEES 24945 Ordinance associated with this drawing printed on pages 24942 through 24944 of this JoumaL UI a: V) u o ez z o STATE STREET PLOT PLAN «,/ki.f.. V - lo'-o" a- 67954 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Continued from page 67952) This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1084673 herein granted the sum of Four Hundred and no/100 Dollars ($400.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after December 6, 2008. [Drawing referred to in this ordinance printed on page 67955 of this Journal.] Angelica Textile Services Inc. [02009-4410] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Angelica Textile Services Inc., upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) stairway on the public right-of-way adjacent to its premises known as 912 South Campbell Avenue. Said stairway at South Campbell Avenue measures one hundred twenty-four (124) feet in length and eight point three three (8.33) feet in width for a total of one thousand thirty-two point nine two (1,032.92) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. (Continued on page 67956) 7/29/2009 REPORTS OF COMMITTEES 67955 Ordinance associated with this drawing printed on pages 67952 and 67954 of this Journal. 5t01 W_5UPtH.IOR| Lit4 in + 10 4 o 111 a iBiJDiS Auutv ( J -^ ^ ^^ it-i' 67956 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Continued from page 67954) The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087880 herein granted the sum of Four Hundred and no/100 Dollars ($400.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after May 10, 2008. [Drawing referred to in this ordinance printed on page 67957 of this Journal.] Argentina Foods. [02009-4411] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Argentina Foods, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) step on the public right-of-way adjacent to its premises known as 4500 South Wood Street. Said step at South Wood Street measures two point four six (2.46) feet in length and one point five (1.5) feet in width for a total of three point six nine (3.69) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1083942 herein granted the sum of Four Hundred and no/100 Dollars ($400.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. (Continued on page 67958) 7/29/2009 REPORTS OF COMMITTEES 67957 Ordinance associated with this drawing printed on pages 67954 and 67956 of this Journal. t ^'*4 0 IfS^'o ft^it ^1 -J --r t ^ u ^ .<.• ^ ^ I N t S 1 ^ U) X TAYLoK. 5T < 67958 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Continued from page 67956) Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67959 of this Journal.] Armitage Shrimp House. [02009-4412] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Armitage Shrimp House, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) bay window over the public right-of-way adjacent to its premises known as 3054 West Armitage Avenue. Said bay window at West Armitage Avenue measures ten point zero eight (10.08) feet in length and two point eight three (2.83) feet in width for a total of twenty-eight point five three (28.53) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1086028 herein granted the sum of Seventy-five and no/100 Dollars ($75.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67960 of this Journal.] 7/29/2009 REPORTS OF COMMITTEES 67959 Ordinance associated with this drawing printed on pages 67956 and 67958 of this Journal. 29.5" Higtiia 67960 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on page 67958 of this Journal. 7/29/2009 REPORTS OF COMMITTEES 67961 The Art Of Pizza Inc. [02009-4413] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to the Art of Pizza Inc., upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) door swing on the public right-of-way adjacent to its premises known as 3033 North Ashland Avenue. Said door swing at alley along North Ashland Avenue measures three (3) feet in length and three (3) feet in width for a total of nine (9) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1086713 herein granted the sum of Seventy-five and no/100 Dollars ($75.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67962 of this Journal.] Arte Moda Studio. [02009-4414] Be It Ordained by the City Council ofthe City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Arte Moda Studio, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, three (3) steps on the public right-of-way adjacent to its premises known as (Continued on page 67963) 67962 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on page 67961 of this Journal. 7/29/2009 REPORTS OF COMMITTEES 67963 (Continued from page 67961) 2059 West 22"" Place. Said steps at West 22"" Place measure two (2) at three point three three (3.33) feet in length and one (1) foot in width for a total of six point six six (6.66) square feet. Said step at West 22"" Place measures one (1) at one point one seven (1.17) feet in length and one (1) foot in width for a total of one point one seven (1.17) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Secfion 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087620 herein granted the sum of One Thousand Two Hundred and no/100 Dollars ($1,200.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67964 of this Journal.] Astor Tower Condominium Association. [02009-4415] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Astor Tower Condominium Association, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, two (2) vaults under the public right-of-way adjacent to its premises known as 1300 North Astor Street. Said vault at North Astor Street measures one (1) at one hundred twenty-one point seven five (121.75) feet in length and twelve point three three (12.33) feet in width for a total of one thousand five hundred one point one eight (1,501.18) square feet. Said vault at East Goethe Street measures one (1) at (Continued on page 67965) 67964 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 67961 and 67963 of this Journal. ..W.11W.Q.PUPC& 7/29/2009 REPORTS OF COMMITTEES 67965 (Continued from page 67963) ninety-five (95) feet in length and twelve point five (12.5) feet in width for a total of one thousand one hundred eighty-seven point five (1,187.5) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Office of Emergency Management and Communications. This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1081406 herein granted the sum of Two Thousand Seven Hundred Ten and no/100 Dollars ($2,710.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67966 of this Journal.] Athena Flowers. [02009-4416] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Athena Flowers, upon the terms and subject to the conditions of this ordinance, to maintain and use, one (1) sign projecting over the public right-of-way attached to its premises known as 6039 West Addison Street. Said sign structure measures as follows; along West Addison Street, at seven (7) feet in length, seven (7) feet in height and fifteen (15) feet above grade level. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Office of Emergency Management and Communications. (Continued on page 67967) 67966 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 67963 and 67965 of this Journal. 7/29/2009 REPORTS OF COMMITTEES 67967 (Continued from page 67965) This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1083360 herein granted the sum of Three Hundred and no/100 Dollars ($300.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67968 of this Journal.] Azteca Power Construction, Inc. [02009-4417] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Azteca Power Construction, Inc., upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) occupation of space for storage and building operations on the public right-of-way adjacent to its premises known as 6100 - 6108 South LaSalle Street. Said occupation of space at South LaSalle Street measures sixteen (16) feet in length and seventy-three (73) feet in width for a total of one thousand one hundred sixty-eight (1,168) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Planning and Development and the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. (Continued on page 67969) 67968 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 67965 and 67967 of this Journal. 7/29/2009 REPORTS OF COMMITTEES 67969 (Continued from page 67967) The grantee shall pay to the City of Chicago as compensation for the privilege Number 1084931 herein granted the sum of Seven Hundred Eighty-seven and no/100 Dollars ($787.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after October 1, 2008. [Drawing referred to in this ordinance printed on page 67970 of this Journal.] Back Of The Yards Neighborhood Council. [02009-4418] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Back of the Yards Neighborhood Council, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, six (6) sets of fences on the public right-of-way adjacent to its premises known as 1751 West 47'" Street which will be used to secure the industrial area bounded by West 47'" Street to the GT Railway tracks and South Kedzie Avenue to Central Park during non-business hours. The Kedzie Tract Industrial Association represents the manufacturing and industrial businesses located within the boundaries ofthe aforementioned limited local access area. Installation and maintenance of the gates shall be the sole responsibility ofthe grantee. Gates must be "crashable" to allow emergency access. The gates shall be installed as follows; West 47'" Street and South St. Louis Avenue, two (2) - twenty-six (26) foot wide swing gates, West 47'" Place (west of South Kedzie Avenue) one (1) - fifty-three (53) foot wide sliding gate, West 47'" Place (east of South Christiana Avenue) two (2) - twenty-five (25) foot swing gates and West 47'" Street and South Christiana Avenue, one (1) - fifty-five (55) foot wide sliding gate. Gates shall be closed on Friday at 10:00 P.M. and re-open on Monday at 5:00 A.M. thus preventing non-essential public access to the industrial area during these hours. The gates shall be under the control and supervision of the private security service posted at the West 47'" Place gate and staffed 24 hours per day. Informational signs shall be posted on the three (3) gates when closed (Continued on page 67971) 67970 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 67967 and 67969 of this Journal. :3Tiyg-V7 •$, ^a-oo'Tg' \—i (• US -*— Y^^i *aAv HJ^ofn-'-'^W 7/29/2009 REPORTS OF COMMITTEES 67971 (Continued from page 67969) re-directing access to the West 47'" Place gate and security guard post. The Back of the Yards Neighborhood Council shall maintain an emergency notification list at the guard post at the West 47'" Place gate at all times. The location of said privilege shall be as shown on prints hereto attached, which by reference are hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1084376 herein granted the sum of One Thousand Six Hundred and no/100 Dollars ($1,600.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawings referred to in this ordinance printed on pages 67972 and 67973 of this Journal.] Bandoleros. [02009-4419] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Bandoleros, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, five (5) door swings on the public right-of-way adjacent to its premises known as 802 - 804 West Randolph Street. Said door swings at West Randolph Street measure five (5) at three (3) feet in length and one point three three (1.33) feet in width for a total of nineteen point nine five (19.95) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development). (Continued on page 67974) 67972 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 67969 and 67971 of this Journal. V, ^, SV-. look's Central Manuf a 7/29/2009 REPORTS OF COMMITTEES 67973 Ordinance associated with this drawing printed on pages 67969 and 67971 of this Journal. Mxiaa District A: I strrfis ihown on this piat souLh of «7cn Street aiic north of vacated iVtn Street, (except keaile j.vc- nge a«J Central Park Avenue) ire private streeti. The suboLvLsior. Hereon shoun is ler.utlve or^y. The Trustees of the Cencrsi AanufuclurLnf District reierve ttie rlcht to chance without notice tne sutwivislan on tnii pi«t rtr*: tne iocatlor. -ind wloths of «il private I strecvs ani alleys. 38S,DttMbiMiSt:.au>rif(r 67974 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Continued from page 67971) This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087278 herein granted the sum of Three Hundred Seventy-five and no/100 Dollars ($375.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67975 of this Journal.] Basil Food & Liquor. [02009-4420] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Basil Food & Liquor, upon the terms and subject to the conditions of this ordinance, to maintain and use one (1) sign projecting over the public right-of-way attached to its premises known as 7446 North Western Avenue. Said sign structure measures as follows; along North Western Avenue, at eight (8) feet in length, four (4) feet in height and ten point eight three (10.83) feet above grade level. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Office of Emergency Management and Communications. This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087758 herein granted the sum of Three Hundred and no/100 Dollars ($300.00) per annum, in advance. (Continued on page 67976) 7/29/2009 REPORTS OF COMMITTEES 67975 Ordinance associated with this drawing printed on pages 67971 and 67974 of this Journal. [bo/^ 67976 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Continued from page 67974) A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67977 of this Journal.] Belly Acres Designs. [02009-4421] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Belly Acres Designs, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) cable above the public right-of-way adjacent to its premises known as 920 West Wilson Avenue. Said cable at West Wilson Avenue measures one hundred twenty (120) feet in length and thirty-eight (38) feet in width for a total of four thousand five hundred sixty (4,560) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Office of Underground Coordination). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1085352 herein granted the sum of Six Hundred Eight and no/100 Dollars ($608.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after November 14, 2008. [Drawing referred to in this ordinance printed on page 67978 of this Journal.] 7/29/2009 REPORTS OF COMMITTEES 67977 Ordinance associated with this drawing printed on pages 67974 and 67976 of this Journal. 67978 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on page 67976 of this Journal. ct ct it o o o fN ^ Ol c o (0 CO a> c (c0 o CO o CM o> c Io CD .£] ja ca O I CO < py uBp!J9i The Bernardin. [02009-4422] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to The Bernardin, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) grease trap under the public right-of-way adjacent to its premises known as 747 North Wabash Avenue. Said grease trap at West Chicago Avenue measures ten (10) feet in length and six (6) feet in width for a total of sixty (60) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Office of Underground Coordination) and the Department of Water Management. This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087799 herein granted the sum of Four Hundred and no/100 Dollars ($400.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after May 5, 2009. [Drawing referred to in this ordinance printed on page 67980 of this Journal.] Best Friends Veterinary Center. [02009-4423] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Best Friends Veterinary Center, upon the terms and subject to the conditions of this ordinance, to maintain and use one (1) sign projecting over the public right-of-way attached to its premises known (Continued on page 67981) 67980 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on page 67979 of this Journal. ^^5^^WM Hsn^l 7/29/2009 REPORTS OF COMMITTEES 67981 (Continued from page 67979) as 4054 West Peterson Avenue. Said sign structure measures as follows: along West Peterson Avenue, at six (6) feet in length, three (3) feet in height and nine (9) feet above grade level. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Office of Emergency Management and Communications. This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087863 herein granted the sum of Three Hundred and no/100 Dollars ($300.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67982 of this Journal.] Dalida Brito. [02009-4424] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Dalida Brito, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, two (2) steps on the public right-of-way adjacent to its premises known as 412 West 17'" Street. Said steps at West 17'" Street measures one (1) at five point one seven (5.17) feet in length and two point one seven (2.17) feet in width for a total of eleven point twp two (11.22) square feet and one (1) at four point four two (4.42) feet in length and two point zero eight (2.08) feet in width for a total of nine point one nine (9.19) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference (Continued on page 67983) 67982 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 67979 and 67981 of this Journal. «/) in CM o CO CD CVi 0 in Q LU u.. O C/3 CO -,- UJ 15 to LL < tf •" Z UJ . 3 l/t UJ UJ CO C/J C/J 5 K1§ 2: • < z ^ OQ > • E ^ ^ /.^ •— °3 3 S . <: =j oO 8/E9I |9?s3lj8/5^ ico"=i CO O O ^ CL Q cc D: £2 s z : C3 O- CO < ^ < oa -• LU S ! 00c'* LL. „o-,e I- •t C3 cc o «t CL CO O_ LU ID CO °Oo E3Cr _i 7/29/2009 REPORTS OF COMMITTEES 67983 (Continued from page 67981) is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1083397 herein granted the sum of Four Hundred and no/100 Dollars ($400.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67984 of this Journal.] Bloomingdales, Inc. [02009-4425] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Bloomingdales, Inc., upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, two (2) vaults under the public right-of-way adjacent to its premises known as 600 North Wabash Avenue. Said vault at East Ontario Street measures one (1) at one hundred nineteen (119) feet in length and nineteen point three three (19.33) feet in width for a total of two thousand three hundred point two seven (2,300.27) square feet. Said vault at East Ohio Street measures one (1) at one hundred forty-six (146) feet in length and nine point five eight (9.58), feet in width for a total of one thousand three hundred ninety-eight point six eight (1,398.68) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Office of Underground Coordination). (Continued on page 67985) 67984 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 67981 and 67983 of this Journal. 7/29/2009 REPORTS OF COMMITTEES 67985 (Confinued from page 67983) This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1066531 herein granted the sum of Eleven Thousand Four Hundred Ninety-nine and no/100 Dollars ($11,499.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after July 31, 2007. [Drawing referred to in this ordinance printed on page 67986 of this Journal.] Blue Angel Inc. [02009-4426] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Blue Angel Inc., upon the terms and subject to the conditions of this ordinance, to maintain and use one (1) sign projecting over the public right-of-way attached to its premises known as 5308 North Milwaukee Avenue. Said sign structure measures as follows; along North Milwaukee Avenue, at six (6) feet in length, six (6) feet in height and twenty (20) feet above grade level. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Office of Emergency Management and Communications. This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087841 herein granted the sum of Three Hundred and no/100 Dollars ($300.00) per annum, in advance. (Continued on page 67987) 67986 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 67983 and 67985 of this Journal. 7/31/2002 REPORTS OF COMMITTEES 91515 Ordinance associated with this drawing printed on page 91513 of this JoumaL NORTH SIDEWALK VAULT AREA: 1.195 SQUARE FT. VOLUME: 9.321 CU, FT. r SQXITH SIPEWALK VAVLT AREA: 1.400 SQUARE FT. w VOLUME: 14,700 CU. FT. 56 jut l-4rl SIDEWALK VAULT „ . , . ^LOCATION AND DIMENSIONS ® A Ji/iT - r-v ' 7/29/2009 REPORTS OF COMMITTEES 67987 (Continued from page 67985) A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67988 of this Journal.] Boden Products LLC. [02009-4427] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Bolden Products L.L.C, upon the terms and subject to the conditions of this ordinance, to construct, install, maintain and use three (3) planters on the public right-of-way beautification purposes adjacent to its premises known as 3150 North Campbell Avenue. Said planters at North Campbell Avenue measure three (3) at three point five (3.5) feet in length and three point five (3.5) feet in width for a total of thirty-six point seven five (36.75) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Planning and Development and the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087738 herein granted the sum of Zero and no/100 Dollars ($0.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67989 of this Journal.] 67988 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 67985 and 67987 of this Journal. J ZONING SIGN PERMIT APPUCATION DEPARTMENT OF ZONING crry OF CHICAGO OFFICE OF THE ZONING ADMINISTRATOR Applicant: (Name of Sign Company) . A Location of Sign: (Street'Address) Zoning District: /? 3 ~ ' HorA West East , Soiilh Tjipis of Sign (check one f6i;.eachs KQTE; ^'^(t^ and B^7 District, exafetsigii cppy must be indicated. i:A.w»«.f«;;on«inA'eateheiriitab)3ve.Brade ft. in 7/29/2009 REPORTS OF COMMITTEES 67989 Ordinance associated with this drawing printed on page 67987 of this Journal. WEST BELMONT AVE. EXISTING CONCRETE WALK PROPERTY LINE EXISTING 1 STORY CMU NEW })i" CALIPER INDUSTRIAL BUILDING. TREE (3150 NORTH CAMPBELL) :l NEW 42" DIA. CONCRETE LANDSCAPE PLANTER LU > < LU apm < U m)-s^m^- o ^ NEW SHRUBS IN PLANTING BED NEW 2)i' CAUPER NEW DEPRESSED TREE IN LOADING DOCK. PUNTING BED ^ NEW SHRUBS IN PLANTING BED 1 I ENLARGED SITE PLAN AT PLANTERS -.(D 67990 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Bolt-On Solutions. [02009-4428] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Bolt-On Solutions, upon the terms and subject to the conditions of this ordinance, to maintain and use one (1) sign projecting over the public right-of-way attached to its premises known as 1636 West 95'" Street. Said sign structure measures as follows: along West 95"^ Street, at eight (8) feet in length, three (3) feet in height and ten (10) feet above grade level. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Office of Emergency Management and Communications. This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087879 herein granted the sum of Three Hundred and no/100 Dollars ($300.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67991 of this Journal.] Boriken. [02009-4429] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Boriken, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, three (3) bay windows over the public right-of-way adjacent to its premises known as 2500 West Division Street. Said bay windows at North Campbell Avenue (Continued on page 67992) 7/29/2009 REPORTS OF COMMITTEES 67991 Ordinance associated with this drawing printed on page 67990 of this Journal. V %^ 67992 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Continued from page 67990) measure two (2) at twelve point five (12.5) feet in length and two (2) feet in width for a total of fifty (50) square feet. Said bay window at West Division Street measures seven point eight three (7.83) feet in length and two (2) feet in width for a total of fifteen point six six (15.66) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087562 herein granted the sum of Two Hundred Twenty-five and no/100 Dollars ($225.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67993 of this Journal.] Breakthrough Urban Ministries. [02009-4430] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Breakthrough Urban Ministries, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) step on the public right-of-way adjacent to its premises known as 3330 West Carroll Avenue. Said step at West Carroll Avenue measures seven point three three (7.33) feet in length and point five eight (.58) foot in width for a total of four point two five (4.25) square feet. The location of said privilege shall be as shown on (Continued on page 67994) 7/29/2009 REPORTS OF COMMITTEES 67993 Ordinance associated with this drawing printed on pages 67990 and 67992 of this Journal. Ill,' •^-A • ' y\2 ^ :}\d <^ 1- -L...'' ^ ^d' If 7 -ri" w. D\Vi5iO^ .St, 67994 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Confinued from page 67992) print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1085023 herein granted the sum of Four Hundred and no/100 Dollars ($400.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67995 of this Journal.] Bright Smile Dental. [02009-4431] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Bright Smile Dental, upon the terms and subject to the conditions of this ordinance, to maintain and use one (1) sign projecting over the public right-of-way attached to its premises known as 5430 North Milwaukee Avenue. Said sign structure measures as follows: along North Milwaukee Avenue, at six (6) feet in length, three (3) feet in height and nine (9) feet above grade level. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Office of Emergency Management and Communications. This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. (Continued on page 67996) 7/29/2009 REPORTS OF COMMITTEES 67995 Ordinance associated with this drawing printed on pages 67992 and 67994 of this Journal. J a: LU CL 67996 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Continued from page 67994) The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087874 herein granted the sum of Three Hundred and no/100 Dollars ($300.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67997 of this Journal.] Bright Star Management. (Door Swings) [02009-4432] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Bright Star Management, upon the terms and subject to the conditions of this ordinance, to construct, install, maintain and use two (2) door swings on the public right-of-way adjacent to its premises known as 1204 West Lake Street. Said door swings at West Lake Street measures two (2) at eight (8) feet in length and three (3) feet in width for a total of forty-eight (48) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087385 herein granted the sum of One Hundred Fifty and no/100 Dollars ($150.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. (Continued on page 67998) 7/29/2009 REPORTS OF COMMITTEES 67997 Ordinance associated with this drawing printed on pages 67994 and 67996 of this Journal. S^SO /v. /yi/Li^AUi^^ •\y A r \^'^' "vrr ^T- t 67998 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Continued from page 67996) Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 67999 of this Journal.] Bright Star Management. (Steps/Stairs) [02009-4433] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Bright Star Management, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, four (4) areas of steps/stairs on the public right-of-way adjacent to its premises known as 1023 West Lake Street. Existing steps/stairs along North Carpenter Street, one (1) at three point five (3.5) feet in length and four point seven five (4.75) feet in width for a total of sixteen point six three (16.63) square feet. Steps/stairs has a height of five (5) feet. One (1) at six (6) feet in length and point nine two (.92) foot in width for a total of five point five two (5.52) square feet. Step/stair has a height of seven (7) inches. Existing concrete foundation under the existing corner post at the front door measures two (2) feet in length and six (6) inches in depth on North Carpenter Street and West Lake Street. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087391 herein granted the sum of One Thousand Six Hundred and no/100 Dollars ($1,600.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. (Continued on page 68000) 7/29/2009 REPORTS OF COMMITTEES 67999 Ordinance associated with this drawing printed on pages 67996 and 67998 of this Journal. 68000 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Confinued from page 67998) Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 68001 of this Journal.] Bristol Condominium Association. (Caissons) [02009-4434] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Bristol Condominium Association, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, eighteen (18) caissons under the public right-of-way adjacent to its premises known as 57 East Delaware Place. Said caissons at East Delaware Place measure eighteen (18) at one (1) foot in length and one (1) foot in width for a total of eighteen (18) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Planning and Development and the Department of Transportafion (Office of Underground Coordination). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1086434 herein granted the sum of One Thousand Two Hundred Ninety and no/100 Dollars ($1,290.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after November 5, 2007. [Drawing referred to in this ordinance printed on page 68002 of this Journal.] 7/29/2009 REPORTS OF COMMITTEES 68001 Ordinance associated with this drawing printed on pages 67998 and 68000 of this Journal. -Aannv £-SE: ,01 to Urn S- e ,11 Q. to 68002 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on page 68000 of this Journal. T 5 S z Ui UI y -? UoI a: U wU) (/) «1 CO to CM 'O "^ ' lO to ^=^f .,.v- i:J;^!Ari^sSi4.=;*^ai!=ii^ v.—ilti"""' wUZ.jn,t=^Tkl'.- 7/29/2009 REPORTS OF COMMITTEES 68003 Bristol Condominium Association. (Manhole) [02009-4435] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Bristol Condominium Association, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) manhole on the public right-of-way adjacent to its premises known as 57 East Delaware Place. Said manhole at East Delaware Place measures one (1) foot in length and two point five (2.5) feet in width for a total of two point five (2.5) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specificafions approved by the Department of Transportation (Office of Underground Coordination) and the Department of Water Management. This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensafion for the privilege Number 1086432 herein granted the sum of Four Hundred and no/100 Dollars ($400.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after September 9, 2008. [Drawing referred to in this ordinance printed on page 68004 of this Journal.] Bristol Condominium Association. (Sheeting) [02009-4436] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Bristol Condominium Association, upon the terms and subject to the conditions of this ordinance, to (Continued on page 68005) 68004 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on page 68003 of this Journal. I—"SKYLINE' HONEY LOCUST / PARKUIAY Tf^ES. / 2-1/2' MINIMUM CALIPER ^'h / AC3)ALONCi RUSH STREET ANC / 2 ALONG DELAWARE 5TREE 7/29/2009 REPORTS OF COMMITTEES 68005 (Confinued from page 68003) maintain and use, as now constructed, one (1) sheeting under the public right-of-way adjacent to its premises known as 57 East Delaware Place. Said sheeting at East Delaware Place measures one hundred twenty-five (125) feet in length and one (1) foot in width for a total of one hundred twenty-five (125) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Planning and Development and the Department of Transportation (Office of Underground Coordination). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1086435 herein granted the sum of Four Hundred Ninety and no/100 Dollars ($490.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after November 5, 2007. [Drawing referred to in this ordinance printed on page 68006 of this Journal.] Broadway Cellars. [02009-4437] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Broadway Cellars, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) windscreen on the public right-of-way adjacent to its premises known as 5900 North Broadway. Said windscreen along North Broadway measures eight point seven five (8.75) feet in length and four (4) feet in width for a total of thirty-five (35) square feet. (Continued on page 68007) 68006 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 68003 and 68005 of this Journal. T ^r- 5 s \ V7 3 CJ oa: zu. UI Q: 3: o ro ro o o to < ^ 9 CO CJ a o 3i z z •" o tfl- UJ z lO o CQ < to _l CJ I § 3 O T ^• Z W ^ 5 z < Q UJ o 2 a. Z CD w a < o1= 5 z CO z (O o y z m o o UI 2 § U, 3 u!s a co' o a X a- £ UJ o Mi o z to o < •< 3 5 z X o to to < z z § z o o CO z (O CO Q _ UI V) 3 X (O CE O 5 to < to Ul UI U(J LJ Ui UI p UJ UJ UJ UI UI UJ p to (O to -e^ ^=^E .r,i_ ,;.;_^,J..-.lirJ-.,Vi'W«iijS*^/*^i 7/29/2009 REPORTS OF COMMITTEES 68007 (Confinued from page 68005) The locafion of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specificafions approved by the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1085986 herein granted the sum of Four Hundred and no/100 Dollars ($400.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 68008 of this Journal.] Budackis Drive-In Hot Dogs. [02009-4438] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Budackis Drive-ln Hot Dogs, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, two (2) light fixtures projecting over the public right-of-way adjacent to its premises known as 4739 North Damen Avenue. Said light fixtures at North Damen Avenue measure two (2) at point seven five (.75) foot in length, six point five (6.5) feet in width and eleven (11) feet above grade level. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Streets and Sanitation (Bureau of Electricity) and the Department of Transportation (Division of Project Development). (Continued on page 68009) 68008 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 68005 and 68007 of this Journal. Description of canopy/enclosure located at 5900 N. Broadway BROADWAY O o Canopy/ enclosure detail r"^ '^ Broadway Cellars 5900 N. Broadway Chicago, IL 60660 (773)944-1208 7/29/2009 REPORTS OF COMMITTEES 68009 (Continued from page 68007) This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1064982 herein granted the sum of Eighty and no/100 Dollars ($80.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 68010 of this Journal.] Clarence L. Burch. [02009-4615] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Mr. Clarence L. Burch, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) fire escape over the public right-of-way adjacent to its premises known as 1251 North Clybourn Avenue. Said fire escape at North Clybourn Avenue measures thirty-four (34) feet in length and two (2) feet in width for a total of sixty-eight (68) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087642 herein granted the sum of Four Hundred and no/100 Dollars ($400.00) per annum, in advance. (Continued on page 68011) 68010 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 68007 and 68009 of this Journal. \ 9 to <3~ cr o 7/29/2009 REPORTS OF COMMITTEES 68011 (Continued from page 68009) A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after May 24, 2009. [Drawing referred to in this ordinance printed on page 68012 of this Journal.] C.A.P.I. Telecommunication, Inc. [02009-4439] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to C.A.P.I. Telecommunication, Inc., upon the terms and subject to the conditions of this ordinance, to maintain and use, one (1) sign projecting over the public right-of-way attached to its premises known as 4438 South Archer Avenue. Said sign structure measures as follows: along South Archer Avenue, at four (4) feet in length, four (4) feet in height and eight (8) feet above grade level. The locafion of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Office of Emergency Management and Communications. This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087193 herein granted the sum of Three Hundred and no/100 Dollars ($300.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 68013 of this Journal.] 68012 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 68009 and 68011 of this Journal. f t.|i:T C^^Z ySo urt Ay Zr/ N. 7/29/2009 REPORTS OF COMMITTEES 68013 Ordinance associated with this drawing printed on page 68011 of this Journal. LANDLORD NAME; '""'"^'^ Mcvuiiiic ADDRESS: 4390 S. Archer Ave Ciiicago. II. 60632 TELEPHONE: 773-491-090.1 I* r BUSINESS OWNE-R: M«'U"-' Gonzalez & Corey Hong ADDRESS: 443 S S.Archer .Ave Chicago . 11. 60632 TELEPHONE: 773-940-0X71 SIDE VIEW z: CQ X X \0'T 68014 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 California Division Currency Exchange. [02009-4440] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to California Division Currency Exchange, upon the terms and subject to the condifions of this ordinance, to maintain and use, as now constructed, one (1) bay window over the public right-of-way adjacent to its premises known as 2745 West Division Street. Said bay window at West Division Street measures fourteen (14) feet in length and three (3) feet in width for a total of forty-two (42) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087260 herein granted the sum of Seventy-five and no/100 Dollars (75.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 68015 of this Journal.] Calumet Currency Exchange Inc. [02009-4441] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Calumet Currency Exchange Inc., upon the terms and subject to the condifions of this ordinance, to maintain and use one (1) sign projecting over the public right-of-way attached to its premises known (Continued on page 68016) 7/29/2009 REPORTS OF COMMITTEES 68015 Ordinance associated with this drawing printed on page 68014 of this Journal. Q. o > a SfJsutJ^ ^y" i/JMe, • <0 E (0 < 68016 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Continued from page 68014) as 8718 South Commercial Avenue. Said sign structure measures as follows: along South Commercial Avenue, at eight (8) feet in length, nine (9) feet in height and twelve (12) feet above grade level. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Office of Emergency Management and Communications. This grant of privilege in the public way shall be subject to the provisions of Secfion 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087804 herein granted the sum of Three Hundred and no/100 Dollars ($300.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 68017 of this Journal.] Rich Caner. [02009-4442] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Rich Caner, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) fence on the public right-of-way adjacent to its premises known as 2449 North Ashland Avenue. Said fence along North Ashland Avenue measures twenty-four (24) feet in length and point two five (.25) foot in width for a total of six (6) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development). (Continued on page 68018) 7/29/2009 REPORTS OF COMMITTEES 68017 Ordinance associated with this drawing printed on pages 68014 and 68016 of this Journal. 10" \/ >5d no. ssl cni 1 ill. 1 "1 L...J I i > s il o e 8 3!! I 3 8 ••'252° z o § II a n S « K - a i, - o tii K » o , ... .,0.0 L : ^1 68018 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Continued from page 68016) This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1085086 herein granted the sum of Four Hundred and no/100 Dollars ($400.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 68019 of this Journal.] Carrozza Real Estate Partnership. (Bay Windows) [02009-4443] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Carrozza Real Estate Partnership, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, three (3) bay windows over the public right-of-way adjacent to its premises known as 3323 North Halsted Street. Said bay window at North Halsted Street measures one (1) at eleven point nine two (11,92) feet in length and two point five (2,5) feet in width for a total of twenty-nine point eight (29,8) square feet. Said bay window at North Halsted Street measures one (1) at ten point five (10.5) feet in length and two point five (2.5) feet in width for a total of twenty-six point two five (26.25) square feet. Said bay window at West Buckingham Place measures one (1) at ten point five (10.5) feet in length and two point five (2.5) feet in width for a total of twenty-six point two five (26.25) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development). (Confinued on page 68020) 7/29/2009 REPORTS OF COMMITTEES 68019 Ordinance associated with this drawing printed on pages 68016 and 68018 of this Journal. V1909 ~\\ '09VOIHO "BAV QNVIHSV "N 6W2 SNOWWOOaNVIHSV MWHMiiui'inn 4i 3nN3AV QNVIHSV N i^ 68020 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Continued from page 68018) This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of, Chicago as compensation for the privilege Number 1085645 herein granted the sum of Two Hundred Twenty-five and no/100 Dollars ($225.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 68021 of this Journal.] Carrozza Real Estate Partnership. (Fire Escape) [02009-4444] Be It Ordained by the City Council ofthe City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Carrozza Real Estate Partnership, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) fire escape over the public right-of-way adjacent to its premises known as 3323 North Halsted Street. Said fire escape at North Halsted Street measures thirty-four point eight three (34.83) feet in length and four (4) feet in width for a total of one hundred thirty-nine point three two (139.32) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. (Continued on page 68022) 7/29/2009 REPORTS OF COMMITTEES 68021 Ordinance associated with this drawing printed on pages 68018 and 68020 of this Journal. ..ise^ij*?*'*"?^ 68022 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Continued from page 68020) The grantee shall pay to the City of Chicago as compensation for the privilege Number 1085646 herein granted the sum of Four Hundred and no/100 Dollars ($400.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 68023 of this Journal.] Cash N Carry Dollar Tree. [02009-4445] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Cash N Carry Dollar Tree, upon the terms and subject to the conditions of this ordinance, to maintain and use, one (1) sign projecting over the public right-of-way attached to its premises known as 5603 West Belmont Avenue. Said sign structure measures as follows: along West Belmont Avenue, at thirteen (13) feet in length, four (4) feet in height and fifteen (15) feet above grade level. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Office of Emergency Management and Communications. This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087619 herein granted the sum of One Hundred and no/100 Dollars ($100.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. (Continued on page 68024) 7/29/2009 REPORTS OF COMMITTEES 68023 Ordinance associated with this drawing printed on pages 68020 and 68022 of this Journal. 68024 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Confinued from page 68022) Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 68025 of this Journal.] Catherine Cook School. (Bridge) [02009-4446] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Catherine Cook School, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) bridge over the public right-of-way adjacent to its premises known as 226 West Schiller Street. Said bridge at West Schiller Street (public alley) measures twelve point three three (12.33) feet in length and twelve (12) feet in width for a total of one hundred forty-seven point nine six (147.96) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Planning and Development and the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1085032 herein granted the sum of Seven Hundred Fifty and no/100 Dollars ($750.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after December 17, 2008. [Drawing referred to in this ordinance printed on page 68026 of this Journal.] 7/29/2009 REPORTS OF COMMITTEES 68025 Ordinance associated with this drawing printed on pages 68022 and 68024 of this Journal. / S 68026 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on page 68024 of this Journal. OVERALL SECOND FLOOK PLAN 7/29/2009 REPORTS OF COMMITTEES 68027 Catherine Cook School. (Sheeting) [02009-4447] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Catherine Cook School, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) sheeting under the public right-of-way adjacent to its premises known as 226 West Schiller Street. Said sheeting at West Schiller Street measures one hundred (100) feet in length and one (1) foot in width for a total of one hundred (100) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Planning and Development and the Department of Transportation (Office of Underground Coordination). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1085045 herein granted the sum of Three Hundred and no/100 Dollars ($300.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after December 17, 2008. [Drawing referred to in this ordinance printed on page 68028 of this Journal.] Central Savings. [02009-4448] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Central Savings, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now (Confinued on page 68029) 68028 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on page 68027 of this Journal. (ji '-o O, O o -?"• .—•-z . 1 • •^ X UJ > < LU cn X u '3AV >l^lVd Hill ON / 7/29/2009 REPORTS OF COMMITTEES 68029 (Continued from page 68027) constructed, one (1) kiosk (ATM machine) on the public right-of-way adjacent to its premises known as 2800 North Broadway. Said kiosk at North Broadway measures three point five eight (3.58) feet in length and two point zero eight (2.08) feet in width for a total of seven point four five (7.45) square feet. Grantee must allow a minimum of at least six (6) feet of clear and unobstructed space for pedestrian passage at all times. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1086932 herein granted the sum of Four Hundred and no/100 Dollars ($400.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 68030 of this Journal.] Centre Realty & Development Group, Inc. [02009-4449] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Centre Realty & Development Group, Inc., upon the terms and subject to the conditions of this ordinance, to construct, install, maintain and use, one (1) ramp on the public right-of-way adjacent to its premises known as 1800 West Cermak Road. Said ramp at West Cermak Road measures (Continued on page 68031) 68030 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 68027 and 68029 of this Journal. 7/29/2009 REPORTS OF COMMITTEES 68031 (Continued from page 68029) sixteen (16) feet in length and three (3) feet in width for a total of forty-eight (48) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development) and the Mayor's Office for People with Disabilities. This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1065560 herein granted the sum of Four Hundred and no/100 Dollars ($400.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 68032 of this Journal.] Chicago Aquarium Co. [02009-4450] Be It Ordained by the City Council of the City of Chicago: SECTION 1, Permission and authority are hereby given and granted to Chicago Aquarium Co., upon the terms and subject to the conditions of this ordinance to maintain and use, one (1) sign projecting over the public right-of-way attached to its premises known as 5040 North Clark Street. Said sign structure measures as follows: along North Clark Street, at four (4) feet in length, four (4) feet in height and nine (9) feet above grade level. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Office of Emergency Management and Communications. (Continued on page 68033) 68032 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 68029 and 68031 of this Journal. 7/29/2009 REPORTS OF COMMITTEES 68033 (Confinued from page 68031) This grant of privilege in the public way shall be subject to the provisions of Secfion 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensafion for the privilege Number 1087936 herein granted the sum of One Hundred and no/100 Dollars ($100.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 68034 of this Journal.] Chicago Bar Association Condominium Association. [02009-4451] Se It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Chicago Bar Association Condominium Association, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) statue on the public right-of-way adjacent to its premises known as 321 South Plymouth Court. Said statue at South Plymouth Court measures three (3) feet in length and seven point two five (7.25) feet in width for a total of twenty-one point seven five (21.75) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Planning and Development and the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. (Continued on page 68035) 68034 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 68031 and 68033 of this Journal. CHICAGO AQUARIUM 5040 N.CLARK STREET CHICAGO, IL 60640 NON-LIC3HTED BOX SIGN HANGING OFF BUILDING ^=3 4' 9' Sidewalk 7/29/2009 REPORTS OF COMMITTEES 68035 (Continued from page 68033) The grantee shall pay to the City of Chicago as compensafion for the privilege Number 1085029 herein granted the sum of Four Hundred and no/100 Dollars ($400.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 68036 of this Journal.] Chicago Michigan L.L.C. (Catch Basin) [02009-4452] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Chicago Michigan L.L.C, upon the terms and subject to the condifions of this ordinance, to maintain and use, as now constructed, one (1) catch basin under the public right-of-way adjacent to its premises known as 730 North Michigan Avenue. Said catch basin at North Rush Street measures four (4) feet in diameter. Catch basin is adjacent to the grease separator providing a connection from the grease separator and the city sewer within North Rush Street., The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Office of Underground Coordination) and the Department of Water Management. This grant of privilege in the public way shall be subject to the provisions of Secfion 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensafion for the privilege Number 1085556 herein granted the sum of Four Hundred and no/100 Dollars ($400.00) per annum, in advance. (Continued on page 68037 68036 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 68033 and 68035 of this Journal. IT i-tu I r -to: • r 1 O K o U_J -T' X 3 t- r- C3 O Z =) UJ a(£- 1 K— U. LU o o: J-1- 7/29/2009 REPORTS OF COMMITTEES 68037 (Continued from page 68035) A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after June 4, 2012. [Drawing referred to in this ordinance printed on page 68038 of this Journal.] Chicago Michigan L.L.C. (Grease Separator) [02009-4453] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Chicago Michigan L.L.C, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) grease separator under the public right-of-way adjacent to its premises known as 730 North Michigan Avenue. Said grease separator at North Michigan Avenue measures ten (10) feet in length and five (5) feet in width for a total of fifty (50) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Office of Underground Coordination) and the Department of Water Management. This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087905 herein granted the sum of Four Hundred and no/100 Dollars ($400.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. (Continued on page 68039) 68038 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 68035 and 68037 of this Journal. -"'^-leBrj|t-'''^-j-H'--'-^^-iU. y (i;;^ 0(y &0 C^iv <^ O© 0 ®0 •..;•>' 7/29/2009 REPORTS OF COMMITTEES 68039 (Continued from page 68037) Authority herein given and granted for a period of five (5) years from and after June 4, 2007. [Drawing referred to in this ordinance printed on page 68040 of this Journal.] Chicago Tribune Company. [02009-4454] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Chicago Tribune Company, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, three (3) pipes under the public right-of-way adjacent to its premises known as 435 North Michigan Avenue. Said pipes at North Water Street measure two (2) at sixty-six (66) feet in length and one point three three (1.33) feet in width for a total of one hundred seventy-five point five six (175.56) square feet and one (1) at sixty-six (66) feet in length and one point five (1.5) feet in width for a total of ninety-nine (99) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Office of Underground Coordination) and the Department of Water Management. This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1084379 herein granted the sum of One Thousand Two Hundred and no/100 Dollars ($1,200,00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after August 6, 2009. [Drawing referred to in this ordinance printed on page 68041 of this Journal] 68040 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Ordinance associated with this drawing printed on pages 68037 and 68039 of this Journal. V^ Ordinance associated with this drawing printed on page 68039 of this Journal. --.-I " - -• _#^^/if. 68042 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 Chinese American Service League, Inc. [02009-4455] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Chinese American Service League, Inc., upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, two (2) statues on the public right-of-way adjacent to its premises known as 2141 South Tan Court. Said statues at South Tan Court measure two (2) at three point five (3.5) feet in length and two point four two (2.42) feet in width for a total of sixteen point nine four (16.94) square feet. Existing statues are six (6) feet, six (6) inches in height. Grantee must allow a minimum of at least six (6) feet of clear and unobstructed space for pedestrian passages at all times. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Planning and Development and the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. The. grantee shall pay to the City of Chicago as compensation for the privilege Number 1087441 herein granted the sum of Eight Hundred and no/100 Dollars ($800.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after May 7, 2008. [Drawing referred to in this ordinance printed on page 68043 of this Journal.] Chopin Theatre Inc. (Door Swing) [02009-4456] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Chopin Theatre Inc., upon the terms and subject to the conditions of this ordinance, to maintain and use, as (Continued on page 68044) 7/29/2009 REPORTS OF COMMITTEES 68043 Ordinance associated with this drawing printed on page 68042 of this Journal. 68044 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Continued from page 68042) now constructed, one (1) door swing on the public right-of-way adjacent to its premises known as 1541 - 1543 West Division Street. Said door swing at public alley measures three (3) feet in length and three (3) feet in width for a total of nine (9) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1086500 herein granted the sum of Seventy-five and no/100 Dollars ($75.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 68045 of this Journal.] Chopin Theatre Inc. (Fire Escape) [02009-4457] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Chopin Theatre Inc., upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) fire escape over the public right-of-way adjacent to its premises known as 1541 - 1543 West Division Street. Said fire escape at public alley measures sixteen (16) feet in length and three (3) feet in width for a total of forty-eight (48) square feet. The location of said privilege shall be as shown on print hereto attached, which (Continued on page 68046) 7/29/2009 REPORTS OF COMMITTEES 68045 Ordinance associated with this drawing printed on pages 68042 and 68044 of this Journal. 2i 68046 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Continued from page 68044) by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions of the Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensafion for the privilege Number 1086498 herein granted the sum of Four Hundred and no/100 Dollars ($400.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 68047 of this Journal.] Cleveland Folder Service Co. [02009-4458] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Cleveland Folder Service Co., upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) fire escape over the public right-of-way adjacent to its premises known as 701 South LaSalle Street. Said fire escape at alley off South LaSalle Street measures twenty-six point three three (26.33) feet in length and six (6) feet in width for a total of one hundred fifty-seven point nine eight (157.98) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development). (Continued on page 68048) 7/29/2009 REPORTS OF COMMITTEES 68047 Ordinance associated with this drawing printed on pages 68044 and 68046 of this Journal. 11^^^^ 1" - + r^ ---A 68048 JOURNAL-CITY COUNCIL-CHICAGO 7/29/2009 (Continued from page 68046) This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all ofthe required provisions ofthe Municipal Code of Chicago. The grantee shall pay to the City of Chicago as compensation for the privilege Number 1087204 herein granted the sum of Four Hundred and no/100 Dollars ($400.00) per annum, in advance. A twenty-five percent (25%) penalty will be added for payments received after due date. Authority herein given and granted for a period of five (5) years from and after date of passage. [Drawing referred to in this ordinance printed on page 68049 of this Journal.] Club Lago. [02009-4459] Be It Ordained by the City Council of the City of Chicago: SECTION 1. Permission and authority are hereby given and granted to Club Lago, upon the terms and subject to the conditions of this ordinance, to maintain and use, as now constructed, one (1) exhaust duct over the public right-of-way adjacent to its premises known as 331 West Superior Street. Said exhaust duct at West Superior Street measures three (3) feet in length and two point five (2.5) feet in width for a total of seven point five (7.5) square feet. The location of said privilege shall be as shown on print hereto attached, which by reference is hereby incorporated and made a part of this ordinance. Said privilege shall be constructed in accordance with plans and specifications approved by the Department of Transportation (Division of Project Development) and the Department of Transportation (Office of Underground Coordination). This grant of privilege in the public way shall be subject to the provisions of Section 10-28-075 and all other required provisions ofthe Municipal Code of Chicago. (Continued on page 68050) 7/29/2009 REPORTS OF COMMITTEES 68049 Ordinance associated with this drawing printed on pages 68046 and 68048 of this Journal. S'-O" FIRE ESCAPE OVER.MANG5 71.55 5QUARE FEET OF THE PUBLIC ALLEY \. EXISTING 7 STORY 7 STORY BRICK BRICI^ BUILDING #650 #70 I-03 EXISTING FIRE ESCAPE -f TO REMAIN Z-T H ih 3'-0l l -O' O'-O" 3 STORY BRtCK I STORY BRICK. ttlOl #700 7/29/2009 REPORTS OF COMMITTEES 67979