Journal Of The Proceedings Of The City Council Of The City

Transcript

(Published by the Authority of the City Council of the City of Chicago) COPY JOURNAL of t h e PROCEEDINGS of t h e CITY COUNCIL of t h e CITY of CHICAGO, ILLINOIS Regular Meeting — Wednesday, December 17, 2003 at 10:00 A.M. (Council Chambers — City Hall — Chicago, Illinois) OFFICIAL R E C O R D . VOLUME I RICHARD M. DALEY Mayor JAMES J . LASKI City Clerk JOURNAL O F THE PROCEEDINGS OF THE CITY COUNCIL Regular Meeting — Wednesday, December 17, 2003 TABLE OF CONTENTS Page Communications From City Officers 14916 Reports Of Committees 14964 Committee On Finance 14964 Committee On Budget 15783 Committee On Buildings 15806 Committee On Committees, Rules And Ethics 15827 Committee On Economic, Capital And Technology Development 15836 Committee On Housing And Real Estate 15840 Committee On Human Relations 15887 Committee On License And Consumer Protection 15891 Committee On Parks And Recreation 15900 Committee On PoUce And Fire : 15930 Committee On Special Events And Cultural Affairs . . . . . . . 15932 Committee On Traffic 15945 Committee On Transportation And Public Way 15995 Committee On Zoning 16066 JOURNAL OF THE PROCEEDINGS OF THE CITY COUNCIL Regular Meeting — Wednesday, December 17, 2003 Page Agreed Calendar 16513 New Business Presented By Aldermen 16668 Traffic Regulations, Traffic Signs, Etc 16668 Zoning Ordinance Amendments 16703 Claims 16714 Unclassified Matters 16719 Free Permits, License Fee Exemptions, Etc 16772 Approval OfThe J o u m a l 16777 Unfinished Business 16778 Miscellaneous Business 16818 12/17/2003 COMMUNICATIONS, ETC. 14915 A t t e n d a n c e At M e e t i n g . Present — The Honorable Richard M. Daley, Mayor, and Aldermen Flores, Haithcock, Preckwdnkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio, Burnett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore. Absent — Aldermen Tillman, Stone. Call To O r d e r . On Wednesday, December 17, 2003 at 10:00 A.M., The Honorable Richard^M. Daley, Mayor, called the City Council to order. The clerk called the roll of members and it was found that there were present at that time: Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, L. Thomas, Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Solis, Ocasio, Burnett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore - 44. Quorum present. P l e d g e Of A l l e g i a n c e . Alderman Flores led the City Council and assembled guests in the Pledge of Allegiance to the Flag of the United States of America. 14916 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Invocation. Father David Farnum, Associate Pastor of Old Saint Mary's Church, opened the meeting with prayer. R E P O R T S A N D COMMUNICATIONS F R O M CITY O F F I C E R S . Rules Suspended - TRIBUTE TO LATE MR. SILAS PURNELL. The Honorable Richard M. Daley, Mayor, presented the followdng communication: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - In conjunction wdth Alderman Lyle, I transmit herewith a resolution honoring the life and memory of Silas Purnell. Your favorable consideration of this resolution wdll be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Alderman Lyle moved to Suspend the Rules Temporarily to permit immediate consideration of and action upon the said proposed resolution. The motion Prevailed. 12/17/2003 COMMUNICATIONS, ETC. 14917 The followdng is said proposed resolution: WHEREAS, The members ofthis chamber learned wdth great sadness that Silas Purnell, an outstanding citizen, who devoted much of his life to community and public servicis, passed away on November 1, 2003, at the age of 80; and WHEREAS, Bom on March 10, 1923, Mr. Purnefl, a life-long resident ofChicago, attended Wendell Phillips High School and received a bachelor's degree from Shell Institute; and WHEREAS, Mr. Purnell served with honor and distinction in the United States Air Force where he spent three years of service in Tuskegee, Alabama; and WHEREAS, In the 1960s, while working as a marketing manager for Coca-Cola Bottling Company for twelve years, Mr. Purnell began volunteering wdth youth on the side, and in 1967, he quit his job to join Ada S. McKinley Community Services, Inc.; and WHEREAS, Mr. Pumell founded the Ada S. McKinley college preparation and placement program and operated it from the basement at Dearborn Homes until his retirement in 2000. He tirelessly raised money and recruited students for the program; and WHEREAS, During his tenure at Ada S. McKinley, Mr. Pumell helped more than fifty thousand young African-American men and women enroll in more than two hundred colleges and universities throughout the country and increased the retention rate of the students he assisted to well over fifty percent, wdth many continuing on to receive graduate, doctorate, medical and law degrees; and WHEREAS, Mr. Purnell used a "no nonsense" approach to education and counseled students based on their academic and professional ambitions and gave them the encouragement and vision to accomplish their goals. In addition to his duties, Mr. Purnell went beyond the call of duty by helping less advantaged students wdth anjdhing from b u s fare to eyeglasses; and WHEREAS, Renowned for his generosity in countless civic and charitable causes, Mr. Pumell served as a member of numerous organizations, including the National Association of College Admission Counselors, past chairman of the Human Relations Committee, member of the Veterans Committee, the Illinois Association of College Admissions Counselors, the National Scholarship and Service Fund for Negro Students, member of the Council for College Attendance, the Pullman Foundation, the Office ofthe Superintendent of Public Instruction, board member for the Illinois Council for Educational Services, chairman for the National Coordinating Committee for Educational Services, the Illinois State Scholarship Commission, the Midwest Community Councfl, the National Association for Financial Aid to Minority Students, the Research Triangle Institute, member ofthe 14918 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 American Personnel and Guidance Association Non-White Concerns Division, the College Entrance Examination Board, member of Midwest Association of Student Financial Aid Opportunity Program Personnel, founder of Principal Scholars Program, Olive Harvey Community College, the Chicago City Colleges Caireer Center, chairman of the nominating committee for the Chicago City College Board of Trustees, member of the Chicago Urban League, board member of the Boys and Girls Club of Chicago, member of the Illinois Concerned Blacks in Higher Education, member ofthe Wendell Phillips High School Hall of Fame and Alumni, and member of Mid America Association of Educational Opportunity Program Personnel; and WHEREAS, Mr. Purnell wdll be remembered as an inspiring and dedicated leader in the community, whose determination helped and encouraged thousands of African-American youth to pursue their dreams and ambitions; and WHEREAS, The passing ofthis devoted husband and loving father wdll be deeply felt by his family and friends, especially his wdfe of fifty-seven years, Marilyn; his daughters, Rosalind, Rolinda and Donna; his son, Ronald; his stx grandchildren; his five great-grandchildren; his sister, Jean; his brother, Morris; and a host of other relatives and friends; now, therefore, Be It Resolved, That we, the Mayor and members of the City Council of the City of Chicago, assembled this seventeenth day of December, 2003, do hereby commemorate and honor Silas Purnell for all his accomplishments and do hereby extend our deepest sympathy to his family; and Be It Further Resolved, That a suitable copy of this resolution be presented to his family as a token of our honor, gratitude and respect. On motion of Alderman Lyle, seconded by Alderman Preckwinkle, Beavers and Troutman, the foregoing proposed resolution was Adopted by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Badcer, Cardenas, Olivo, Burke, T. Thomas, Colemem, L. Thomas, Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio, Burnett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore - 48. Nays — None. Alderman Natarus moved to reconsider the foregoing vote. The motion was lost. 12/17/2003 COMMUNICATIONS, ETC. 14919 At this point in the proceedings, The Honorable Richard M. Daley, Mayor, rose and on behalf of the people of Chicago, extended condolences to the family of Mr. Silas Purnell. Hailing Mr. Pumell as "an extraordinary person". Mayor Daley declared it is not the public figures who gamer media attention that tmly represent Chicago, rather it is Mr. Silas Pumell who was "dedicated to improving the quality of life of people" in his owm community and in the city. Those who seek to become active in municipal affairs need only look to Mr. Silas Purnell for example and inspiration, the Mayor continued, marveling at the tens of thousands of lives upon which he had a direct and positive impact. Mr. Silas Purnell demonstrated that one person can "make a difference", the Mayor stated, and declared Mr. Silas Purnell a "role model for all of us". Mayor Daley then left the Mayor's rostrum and strode to the Commissioners' gallery where he extended his personal condolences to the family of Mr. Silas Purnell and presented them wdth a parchment copy of the memorial resolution. Rules Suspended - DEPUTY POLICE CHIEF RALPH CHICZEWSKI AND MR. WILLIAM HYLES HONORED FOR HEROIC ACTIONS IN APPREHENSION OF VIOLENT OFFENDER. The Honorable Richard M. Daley, Mayor, presented the followdng communication: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - I transmit herewith a congratulatory resolution concerning the Chicago Police Department. Your favorable consideration of this resolution will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. 14920 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Alderman Burke moved to Suspend the Rules Temporarily to permit immediate consideration of and action upon the said proposed resolution. The motion Prevailed. The followdng is said proposed resolution: WHEREAS, Outstanding bravery exhibited by Chicago Police Deputy Chief Ralph Chiczewski (Star Number 414) and Chicago-area resident Willie Hyles on J u n e 3, 2003, led to the capture and arrest of a man who attempted to hijack a car from a young woman and her eight-year-old daughter; and WHEREAS, At approximately 7:00 P.M. on J u n e 3, 2003, the young mother was parking her car in front of her house on the 2900 block of West Polk Street when a man ran up to her vehicle and attempted to open the car door; and WHEREAS, The suspect, who was attempting to flee an armed robbery he had just committed, brandished a .25 caliber semi-automatic pistol, pointed it at the woman's head and yelled at her to get out of the vehicle; and WHEREAS, Fearing for her safety and the safety of her eight-year-old daughter who was also in the car, the woman sped off, while her uncle, Willie Hyles, who heard the commotion, came running to her aid and attempted to follow the suspect; and WHEREAS, Mr. Hyles found the suspect just dowm the block, attempting to flag dowm other vehicles, while Deputy Chief Chiczewski, who was driving nearby and had monitored the call ofthe hijacking, saw a man fitting the offender's description and approached him; and WHEREAS, Uncertain of the suspect's involvement in the carjacking, Mr. Hyles and Deputy Chief Chiczewski talked to the suspect, who suddenly became very nervous and tried to flee; and WHEREAS, Mr. Hyles then attempted to apprehend the suspect, but the suspect struggled with Mr. Hyles and began to reach into his pocket for his pistol; and WHEREAS, Deputy Chief Chiczewski quickly drew his weapon and before the suspect had the chance to fire his gun, Deputy Chief Chiczewski ordered the man to drop the gun and get on the ground; and WHEREAS, With the assistance of Mr. Hyles and wdthout a shot being fired, the suspect was placed under arrest, and the fully-loaded .25 caliber semi-automatic pistol was recovered; and WHEREAS, Following an investigation, the offender was charged wdth attempted aggravated vehicular hijacking, unlawdul use of a weapon and armed robbery; and 12/17/2003 COMMUNICATIONS, ETC. 14921 WHEREAS, The courage exhibited by Deputy Chief Chiczewski and Wflliam Hyles, while risking their owm safety, have eamed them the respect and admiration of all Chicagoans; and WHEREAS, Deputy Chief Chiczewski and William Hyles deserve praise for capturing this dangerous criminal and protecting this victim and community; now, therefore, Be It Resolved, That we, the Mayor and members ofthe City Council ofthe City of Chicago, assembled this seventeenth day of December, 2003, do hereby take great pleasure in honoring Deputy Chief Chiczewski and William Hyles for their heroic actions; and Be It Further Resolved, That suitable copies of this resolution be presented to Deputy Chief Chiczewski and William Hyles as a token of our esteem; and Be It Further Resolved, That suitable copies of this resolution be placed in Deputy Chief Chiczewski's personnel file. On motion of Alderman Burke, seconded by Alderman Haithcock, Solis, Ocasio, Carothers, Suarez, Mitts, Allen, O'Connor and M. Smith, the foregoing proposed resolution was Adopted by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Tillman, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio, Burnett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Natarus moved to reconsider the foregoing vote. The motion was lost. At this point in the proceedings. The Honorable Richard M. Daley, Mayor, rose and on behalf of the people of Chicago, congratulated Deputy Police Chief Ralph Chiczewski and Mr. William Hyles on their apprehension of a dangerous offender. Deputy Chief Chiczewski epitomizes the dedicated professionalism of Chicago's police officers and Mr. Hyles demonstrated Chicagoans'readiness to help others, the Mayor declared, then noted that more importantly, their action was tangible evidence ofthe success that flows from cooperation between police and the community. After recognizing the presence in the visitors' gallery of the families and friends of the honorees. Mayor Daley invited Deputy Police Chief Ralph Chiczewski and Mr. William Hyles to the Mayor's rostrum where he presented each a parchment copy of the congratulatory resolution. 14922 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Rules Suspended - CHICAGO FIRE DEPARTMENT DEPUTY DISTRICT CHIEF EDMUND ENRIGHT AND MEMBERS OF ENGINE COMPANY 8, TRUCK COMPANY 4 AND ENGINE COMPANY 18 HONORED FOR BRAVERY, PROFESSIONALISM AND TEAMWORK. The Honorable Richard M. Daley, Mayor, presented the followdng communication: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - In conjunction with Alderman SoUs, I transmit herewdth a congratulatory resolution concerning the Chicago Fire Department. Your favorable consideration of this resolution wdll be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Alderman Burke moved to Suspend the Rules Temporarily to permit immediate consideration of and action upon the said proposed resolution. The motion Prevailed. The followdng is sadd proposed resolution: WHEREAS, On November 14, 2003, at 3:05 in the morning, Engine 8 of the Chicago Fire Department responded to a report of a car on fire at 19* and Peoria Streets; and WHEREAS, The first-arriving unit quickly reported that the fire had advanced from the vehicle into a three-story factory building and was racing through the structure, and while additional units were called for. Engine 18, Truck 4 and other units ofthe 12/17/2003 COMMUNICATIONS, ETC. 14923 P ' District were among the first companies to respond; and WHEREAS, Fueled by combustible materials in the building and by serious wdnd conditions, the fire increased rapidly and, despite the determined and sustained efforts of a battery of fire personnel and all the equipment that could be brought to bear, the fire continued to rage out of control through the structure; and WHEREAS, To the dismay of those present, the fire spread to an adjacent warehouse building to the north and to at least one residential apartment building to the east; and WHEREAS, Entire blocks of nearby apartment buildings were in jeopardy as the intense heat radiated across the streets and caused damage to fire apparatus and neighboring houses, while threatening families on three different fronts; and WHEREAS, As what was now one ofthe worst fires in recent history continued to rage, the highest levels of alarm were issued, as additional fire companies from across many areas of the city were brought in to fight the massive conflagration, bringing wdth them many snorkel units and high-pressure, high-volume appliances to pour thousands of gallons ofwater per minute on the fire; and WHEREAS, The fire fighters grimly pressed on wdth their attack on the blaze, despite smoke conditions so thick that it was difficult to locate companies and direct or place them in an advantageous position: and WHEREAS, Local residents, while saddened at seeing the devastation to their community and the threat to surrounding properties, appreciated the superhuman effort of the responding fire companies to save their neighborhood, and neighbors were unstinting in bringing out coffee and refreshments for the emergency personnel as the hours wore on, and assisting in any way they could; and WHEREAS, As a result of the determined, sustained efforts of about one-half of Chicago's on-duty firefighting force, sever ad five-story commercial structures were saved, as well as entire blocks of residential properties, and many residents ofthe Pilsen community; and WHEREAS, Today we honor Engine 8, Truck 4 and Engine 18, here to represent all ofthe nearly sixty units, and over two hundred fifty fire fighters and paramedics, who gave their all in fighting this fire; and WHEREAS, The remarkable poise, courage and stamina displayed by these fire department personnel, acting in the highest traditions of the Chicago Fire Department, are emblematic ofthe professionalism and teamwork that fire fighters are called on to demonstrate every day; now, therefore, Be It Resolved, That we, the Mayor and members of the City Council of the City ofChicago, assembled this seventeenth day of December, 2003, do hereby honor: 14924 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Deputy District Chief Edmund Enright Engine 8 Lieutenant George Conrad Engineer Dennis Szczepaniak Fire Fighter Thomas Distefano Fire Fighter Roger Stapleton Fire Fighter Scott Przislicki Tmck 4 Lieutenant Edmund Jantz Fire Fighter Robert Goga Fire Fighter Joseph Ramirez Fire Fighter Michael Browm Fire Fighter Michael DeBella Engine 18 Lieutenant Donald Leigh Engineer Michael Jakaitis Fire Fighter Lary Rybakowski Fire Fighter Joseph Kubalanza Fire Fighter Chris Serb who have served the Fire Department and the citizens of Chicago wdth honor and have earned the respect and acknowledgment of all in attendance here today; and Be It Further Resolved, That suitable copies of this resolution be presented to these members of the City of Chicago Fire Department and placed on permanent record in their personnel files as a token of our esteem. 12/17/2003 COMMUNICATIONS, ETC. 14925 On motion of Alderman Burke, seconded by Aldermen Murphy, Rugai, Solis, Carothers and Natarus, the foregoing proposed resolution was Adopted by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio, Burnett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Natarus moved to reconsider the foregoing vote. The motion was lost. At this point in the proceedings. The Honorable Richard M. Daley, Mayor, rose and on behalf of the people of Chicago, thanked all who fought one of the worst fires in recent Chicago history. Lauding the fire fighters for their professionalism, discipline and teamwork, Mayor Daley declared his conviction that Chicago has "the best Fire Department not only in this country but in the world". After recognizing the presence in the visitors' gallery ofthe fire fighters' families and friends. Mayor Daley invited the honorees to the Mayor's rostrum where he expressed his personal thamks and presented each wdth a parchment copy of the congratulatory resolution. Referred - REAPPOINTMENT OF MS. MARISEL A. HERNANDEZ AS MEMBER OF CHICAGO - GARY REGIONAL AIRPORT AUTHORITY. The Honorable Richard M. Daley, Mayor, submitted the followdng communication which was, at the request of two aldermen present (under the provisions of Council Rule 43), Referred to the Committee on Aviation: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: 14926 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 LADIES AND GENTLEMEN - I have reappointed Marisel A. Hernandez as a member of the Chicago-Gary Regional Airport Authority to a term effective immediately and expiring December 3 1 , 2007. Your favorable consideration ofthis reappointment will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. i?e/erred - REAPPOINTMENT OF MR. EARL L. NEAL AS MEMBER OF CHICAGO - GARY REGIONAL AIRPORT AUTHORITY. The Honorable Richard M. Daley, Mayor, submitted the followdng communication which was, at the request of two aldermen present (under the provisions of Council Rule 43), Referred to the Committee on Aviation: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - I have reappointed Earl L. Neal as a member of the Chicago-Gary Regional Airport Authority to a term effective immediately and expiring December 3 1 , 2009. Your favorable consideration of this reappointment wdll be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. 12/17/2003 COMMUNICATIONS, ETC. 14927 i?e/erred - APPOINTMENT OF MS. JACQUELINE P. KING AS DIRECTOR OF GRAPHICS AND REPRODUCTION CENTER. The Honorable Richard M. Daley, Mayor, submitted the followdng communication which was, at the request of two aldermen present (under the provisions of Council Rule 43), Referred to the Committee on the Budget and Govemment Operations: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - I have appointed Jacqueline P. King as Director of the Graphics and Reproduction Center. Your favorable consideration of this appointment wdll be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - APPOINTMENT OF CARMELO VARGAS AS COMMISSIONER OF HUMAN SERVICES. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, at the request of two aldermen present (under the provisions of Council Rule 43), Referred to the Committee on the Budget and Govemment Operations: 14928 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2 0 0 3 . To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - I have appointed Carmelo Vargas a s Commissioner of H u m a n Services. Your favorable consideration of t h i s a p p o i n t m e n t wdll be appreciated. Very t m l y y o u r s , (Signed) RICHARD M. DALEY, Mayor. i?e/erred - R E A P P O I N T M E N T O F R E V E R E N D L U C I U S HALL AS M E M B E R AND CHAIRMAN O F P E R S O N N E L B O A R D . The Honorable Richard M. Daley, Mayor, s u b m i t t e d t h e following c o m m u n i c a t i o n w h i c h w a s , at t h e r e q u e s t of two a l d e r m e n p r e s e n t (under t h e provisions of Council Rule 43), Referred to the Committee on Finance: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2 0 0 3 . To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - I have r e a p p o i n t e d Reverend Lucius Hall a s a m e m b e r a n d C h a i r m a n of t h e Personnel Board to a t e r m effective immediately a n d 12/17/2003 COMMUNICATIONS, ETC. 14929 expiring J u l y 19, 2 0 0 8 . Your favorable consideration of t h i s r e a p p o i n t m e n t will be appreciated. Very truly y o u r s , (Signed) RICHARD M. DALEY, Mayor. Referred - A P P O I N T M E N T O F MR. K E N N E T H A. CLARKE AS M E M B E R O F CULTURAL AFFAIRS ADVISORY B O A R D . T h e Honorable Richard M. Daley, Mayor, s u b m i t t e d t h e following c o m m u n i c a t i o n w h i c h w a s , at t h e r e q u e s t of two a l d e r m e n p r e s e n t (under t h e provisions of Council Rule 43), Referred to the Committee on Special E v e n t s a n d Cultural Affairs: OFFICE OF THE MAYOR CITY OF CHICAGO D e c e m b e r 17, 2 0 0 3 . To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - I h a v e appointed K e n n e t h A. Clarke a s a m e m b e r of t h e C u l t u r a l Affairs Advisory Board to a t e r m effective immediately a n d expiring March 2 0 , 2 0 0 5 , to s u c c e e d Paul H. Dykstra, w h o s e t e r m expired. Your favorable consideration of t h i s a p p o i n t m e n t wdll be appreciated. Very truly y o u r s , (Signed) RICHARD M. DALEY, Mayor. 14930 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 i?e/erred - APPOINTMENT OF MR. ORBERT DAVIS AS MEMBER OF CULTURAL AFFAIRS ADVISORY BOARD. The Honorable Richard M. Daley, Mayor, submitted the followdng communication which was, at the request of two aldermen present (under the provisions of Council Rule 43), Referred to the Committee on Special Events and Cultural Affairs: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - I have appointed Orbert Davis as a member of the Cultural Affairs Advisory Board to a term effective immediately and expiring March 20, 2006, to succeed Dr. Gustavo R. Valadez-Ortiz, who resigned. Your favorable consideration of this appointment wdll be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - APPOINTMENT OF MR. PETER W. ENGLAND AS MEMBER OF CULTURAL AFFAIRS ADVISORY BOARD. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, at the request of two aldermen present (under the provisions of Council Rule 43), Referred to the Committee on Special Events and Cultural Affairs: 12/17/2003 COMMUNICATIONS, ETC. 14931 OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - I have appointed Peter W. England as a member of the Cultural Affairs Advisory Board to a term effective immediately and expiring March 20, 2006, to succeed James N. Wood, whose term expired. Your favorable consideration ofthis appointment wdll be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - APPOINTMENT OF MS. BARBARA F. GAINES AS MEMBER OF CULTURAL AFFAIRS ADVISORY BOARD. The Honorable Richard M. Daley, Mayor, submitted the followdng communication which was, at the request of two aldermen present (under the provisions of Council Rule 43), Referred to the Committee on Special Events and Cultural Affairs: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - I have appointed Barbara F. Gaines as a member of the Cultural Affairs Advisory Board to a term effective immediately and expiring 14932 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 March 20, 2004, to succeed Ellen S. Alberding, whose term expired. Your favorable consideration of this appointment wdll be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - APPOINTMENT OF MS. JACKIE TAYLOR AS MEMBER OF CULTURAL AFFAIRS ADVISORY BOARD. The Honorable Richard M. Daley, Mayor, submitted the followdng communication which was, at the request of two aldermen present (under the provisions of Council Rule 43), Referred to the Committee on Special Events and Cultural Affairs: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - I have appointed Jackie Taylor as a member of the Cultural Affairs Advisory Board to a term effective immediately and expiring March 20, 2005, to succeed Jessie A. Woods, whose term expired. Your favorable consideration of this appointment will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. 12/17/2003 COMMUNICATIONS, ETC. 14933 Referred - REAPPOINTMENT OF VARIOUS INDIVIDUALS AS MEMBERS OF CULTURAL AFFAIRS ADVISORY BOARD FOR TERMS EXPIRING MARCH 20, 2 0 0 4 . The Honorable Richard M. Daley, Mayor, submitted the following communication which was, at the request of two aldermen present (under the provisions of Council Rule 43), Referred to the Committee on Special Events and Cultural Affairs: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - I have reappointed as members of the Cultural Affairs Advisory Board to terms effective immediately and expiring March 20, 2004: Abena Joan P. Brown; WflUam C Campbefl; Sondra Berman Epstein; and Carlos E. Tortolero. Your favorable consideration of these reappointments will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. 14934 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 i?e/erred - REAPPOINTMENT OF VARIOUS INDIVIDUALS AS MEMBERS OF CULTURAL AFFAIRS ADVISORY BOARD FOR TERMS EXPIRING MARCH 20, 2 0 0 5 . The Honorable Richard M. Daley, Mayor, submitted the following communication which was, at the request of two aldermen present (under the provisions of Council Rule 43), Referred to the Committee on Special Events and Cultural Affairs: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - I have reappointed as members of the Cultural Affairs Advisory Board to terms effective immediately and expiring March 20, 2005: Amina J. Dickerson; Judith R. Kirshner; Thomas J. Murphy; Gail C Moss; and Rita Simo. Your favorable consideration of these reappointments will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. 12/17/2003 COMMUNICATIONS, ETC. 14935 i?e/erred - REAPPOINTMENT OF VARIOUS INDIVIDUALS AS MEMBERS OF CULTURAL AFFAIRS ADVISORY BOARD FOR TERMS EXPIRING MARCH 2 0 , 2 0 0 6 . The Honorable Richard M. Daley, Mayor, submitted the following communication which was, at the request of two addermen present (under the provisions of Council Rule 43), Referred to the Committee Special Events and Cultural Affairs: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - I have reappointed as members of the Cultural Affairs Advisory Board to terms effective immediately and expiring March 20, 2006: Lester L. Barclay; Geraldine de Haas; David R. Mosena; Willie K. Moy; and Bemard Sahlins. Your favorable consideration of these reappointments will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. 14936 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 i?e/erred - AMENDMENT OF TITLE 1, CHAPTER 4 OF MUNICIPAL CODE OF CHICAGO BY ADDITION OF NEW SECTION 125 CONCERNING PENALTIES FOR FAILURE TO OBTAIN REQUIRED CITY OF CHICAGO LICENSES OR PERMITS. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, together with the proposed ordinance transmitted therewith. Referred to the Committee on License and Consumer Protection: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - At the request ofthe Corporation Counsel, I transmit herewith an ordinance amending Chapter 1-4 of the Municipal Code regarding restitution. Your favorable consideration ofthis ordinance will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - AMENDMENT OF TITLE 2, CHAPTER 8 0 , SECTION 5 5 OF MUNICIPAL CODE OF CHICAGO BY WAIVER OF TRANSACTION FEES FOR INTERNET PAYMENTS OF PARKING OR COMPLIANCE VIOLATIONS. The Honorable Richard M. Daley, Mayor, submitted the following communication 12/17/2003 COMMUNICATIONS, ETC. 14937 which was, together with the proposed ordinance transmitted therewith, Referred to the Committee on Finance: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - At the request ofthe Director ofRevenue, I transmit herewith an ordinance amending Section 2-80-055 ofthe Municipal Code regarding Intemet convenience fees. Your favorable consideration ofthis ordinance will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - AMENDMENT OF TITLE 3 , CHAPTER 4, SECTIONS 186 AND 2 0 0 OF MUNICIPAL CODE OF CHICAGO REGARDING PENALTIES FOR LATE FILING OF REQUIRED TAX OR REMITTANCE RETURNS. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, together with the proposed ordinance transmitted therewith, Referred to the Committee on Finance: 14938 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - At the request ofthe Director ofRevenue, I transmit herewith an ordinance amending Chapter 3-4 ofthe Municipal Code regarding the late tax filing penalty. Your favorable consideration of this ordinance will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - AUTHORIZATION FOR ISSUANCE OF CITY OF CHICAGO 2 0 0 4 GENERAL OBLIGATION TENDER NOTES. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, together with the proposed ordinance transmitted therewith. Referred to the Committee on Finance: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: 12/17/2003 COMMUNICATIONS, ETC. 14939 LADIES AND GENTLEMEN - At the request of the City ComptroUer, I transmft herewith an ordinance authorizing the issuance of 2004 general obligation tender notes. Your favorable consideration of this ordinance will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - AMENDMENT OF PRIOR ORDINANCE WHICH ESTABLISHED PARKING RATES FOR MILLENNIUM PARK GARAGE. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, togetherwith the proposed ordinance transmitted therewith. Referred to the Committee on Finance: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - At the request ofthe Director ofRevenue, I transmit herewith an ordinance amending parking rates at the Millennium Park Garage. Your favorable consideration ofthis ordinance will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. 14940 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 i?e/erred - AUTHORIZATION FOR ASSIGNMENT OF GENERAL PARTNERSHIP INTEREST IN PARKSIDE TERRACES LIMITED PARTNERSHIP TO PARKSIDE TERRACE APARTMENTS, L.L.C. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, together with the proposed ordinance transmitted therewith. Referred to the Committee on Finance: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - At the request of the Commissioner of Housing, I transmit herewith an ordinance authoring a transfer of general partnership interest in Parkside Tenace Apartments. Your favorable consideration of this ordinance will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - AUTHORIZATION FOR CLASS L TAX INCENTIVE DESIGNATION FOR STEVENS BUILDING AT 17 NORTH STATE STREET. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, together with the proposed ordinance transmitted therewith. Referred to the Committee on Finance: 12/17/2003 COMMUNICATIONS, ETC. 14941 OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - At the request ofthe Commissioner ofPIanning and Development, I transmit herewith an ordinance authorizing a Class L designation for the Stevens Building. Your favorable consideration of this ordinance will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - DESIGNATION OF THEATRE DREAMS CHICAGO L.L.C. AS PROJECT DEVELOPER, APPROVAL FOR SALE OF CITY-OWNED PROPERTY AT 175 NORTH STATE STATE STREET AND AUTHORIZATION FOR EXECUTION OF REDEVELOPMENT AGREEMENT. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, together with the proposed ordinance transmitted therewith, Referred to the Committee on Finance: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: 14942 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 LADIES AND GENTLEMEN - At the request ofthe Commissioner ofPIanning and Development, I transmit herewith an ordinance authorizing a sale of property at 175 North State to Theatre Dreams Chicago L.L.C. Your favorable consideration of this ordinance will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - APPROYAL FOR ACQUISITION OF DUTY FREE AMERICAS, INC. BY DUTY FREE ACQUISITION HOLDINGS, INC. AND TRANSMITTAL OF PROPOSAL FOR CONCESSION DEVELOPER/MANAGER FOR CHICAGO O'HARE INTERNATIONAL AIRPORT TERMINAL NUMBER 5. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, together with the proposed ordinance transmitted therewith, Referred to the Committee on Aviation: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - At the request of the Commissioner of Aviation, I 12/17/2003 COMMUNICATIONS, ETC. 14943 transmit herewith an ordinance authorizing consent to new ownership of O'Hare concessionaire Duty Free Americas, Inc. Your favorable consideration of this ordinance will be appreciated. Also transmitted herewith for information purposes is a Request for Proposal for Concession Developer/Manager for O'Hare Terminal 5. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - AUTHORIZATION FOR EXECUTION OF CONCESSION LICENSE AGREEMENT WITH CHICAGO HISTORICAL SOCIETY AT CHICAGO O'HARE INTERNATIONAL AIRPORT. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, together with the proposed ordinance transmitted therewith. Referred to the Committee on Aviation: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - At the request of the Commissioner of Aviation, I transmit herewith an ordinance authorizing the execution ofa license agreement for O'Hare concession space with the Chicago Historical Society. 14944 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Your favorable consideration of this ordinance wfll be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - AMENDMENT OF YEAR XXIX COMMUNITY DEVELOPMENT BLOCK GRANT ORDINANCE TO PROVIDE FUNDING FOR PUBLIC SERVICE PROJECTS ADMINISTERED BY DEPARTMENT OF HUMAN SERVICES. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, together with the proposed ordinance transmitted therewith. Referred to the Committee on the Budget and Govemment Operations: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - At the request of the Budget Director, I transmft herewith an ordinance adjusting the Year XXIX Community Development Block Grant delegate agency awards. Your favorable consideration of this ordinance will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. 12/17/2003 COMMUNICATIONS, ETC. 14945 i?e/erred - AMENDMENT OF YEAR XXX COMMUNITY DEVELOPMENT BLOCK GRANT ORDINANCE TO PROVIDE FUNDING FOR PUBLIC SERVICE PROJECTS ADMINISTERED BY VARIOUS MUNICIPAL AGENCIES. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, together with the proposed ordinance transmitted therewith. Referred to the Committee on the Budget and Govemment Operations: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - At the request of the Budget Director, I transmit herewith an ordinance adjusting the Year XXX Community Development Block Grant delegate agency awards. Your favorable consideration of this ordinance will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - AUTHORIZATION FOR ALLOCATION OF EMPOWERMENT ZONE/ENTERPRISE COMMUNITY GRANT FUND FOR POTENTIAL REMEDIATION AND CLEAN-UP OF PROPERTIES AT 3 1 1 6 - 3 1 5 6 WEST LAKE STREET AND 2 1 2 - 2 1 8 NORTH ALBANY AVENUE FOR BENEFIT OF BEIDLER ELEMENTARY SCHOOL. The Honorable Richard M. Daley, Mayor, submitted the following communication 14946 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 which was, together with the proposed ordinance transmitted therewith, Referred to the Committee on the Budget and Govemment Operations: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - At the request of the Executive Director of the Chicago Empowerment Zone, I transmit herewith an ordinance authorizing funding for an urban agriculture project for the Beidler Elementary School. Your favorable consideration ofthis ordinance will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - AUTHORIZATION FOR EXECUTION OF CREDIT COUNSELING AGREEMENTS WITH VARIOUS INSTITUTIONS IN ACCORDANCE WITH 3 1 1 HOMEOWNERSHIP PRESERVATION PROGRAM. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, together with the proposed ordinance transmitted therewith. Referred to the Committee on the Budget and Govemment Operations: 12/17/2003 COMMUNICATIONS, ETC. 14947 OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - At the request of the Commissioner of Housing, I transmit herewith an ordinance establishing the 311 Homeownerhship Preservation program. Your favorable consideration of this ordinance will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - AUTHORIZATION FOR INSTALLATION OF WATER MAINS AT VARIOUS LOCATIONS. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, togetherwith the proposed orders transmitted therewith. Referred to the Committee on the Budget and Govemment Operations: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: 14948 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 LADIES AND GENTLEMEN - At the request of the Budget Director, I transmft herewith various water main orders. Your favorable consideration of these orders will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - AUTHORIZATION FOR EXECUTION OF TRUST AGREEMENTS WITH VARIOUS MUNICIPAL DEPOSITORIES AND PROVISION OF INDEMNITIES REQUIRED BY POLLUTION CONTROL BOARD FOR ENVIRONMENTAL REMEDIATION PROJECTS ON CITY SITES. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, together with the proposed ordinance transmitted therewith, Referred to the Committee on Energy, Environmental Protection and Public Utilities: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - At the request ofthe Commissioner of Environment and the Commissioner of Planning and Development, I transmit herewith an ordinance authorizing the execution of trust agreements in conjunction with environmental cleanup projects. 12/17/2003 COMMUNICATIONS, ETC. 14949 Your favorable consideration ofthis ordinance will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - APPROVAL FOR SALE OF CITY-OWNED PROPERTIES WITHIN 49™/ST. LAWRENCE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA TO AND AUTHORIZATION FOR EXECUTION OF , REDEVELOPMENT AGREEMENT WITH CONSTRUCTION TRADE ASSOCIATES, INC. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, togetherwith the proposed ordinance transmitted therewith. Referred to the Committee on Housing and Real Estate: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - At the request ofthe Commissioner ofPIanning and Development, I transmit herewith an ordinance authorizing a sale of city-owned property to Construction Trade Associates, Inc. 14950 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Your favorable consideration of this ordinance will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - AMENDMENT OF PRIOR ORDINANCE WHICH APPROVED CONVEYANCE OF CITY-OWNED PROPERTY AT 4 7 3 8 - 4 7 5 0 NORTH WINTHROP AVENUE TO AND AUTHORIZED REDEVELOPMENT AGREEMENT WITH O'FLAHERTY BUILDERS, INC. IN ACCORDANCE WITH CHICAGO PARTNERSHIP FOR AFFORDABLE NEIGHBORHOODS PROGRAM. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, togetherwith the proposed ordinance transmitted therewith. Referred to the Committee on Housing and Real Estate: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - At the request of the Commissioner of Housing, I transmit herewith an ordinance authorizing an amendment ,to the terms of a conveyance of property at 4738 — 4750 North Winthrop Avenue to O'Flaherty Builders, Inc. 12/17/2003 COMMUNICATIONS, ETC. 14951 Your favorable consideration of this ordinance will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - APPROVAL FOR SALE OF CITY-OWNED PROPERTY AT 12046 SOUTH NORMAL AVENUE TO AND AUTHORIZATION FOR EXECUTION OF REDEVELOPMENT AGREEMENT WITH MR. J O S E P H M. RUZEVICH IN ACCORDANCE WITH PRESERVING COMMUNITIES TOGETHER PROGRAM. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, togetherwith the proposed ordinance transmitted therewith. Referred to the Committee on Housing and Real Estate: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - At the request of the Commissioner of Housing, I transmit herewith an ordinance authorizing a transfer of property at 12046 South Normal Avenue to Joseph M. Ruzevich. 14952 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Your favorable consideration ofthis ordinance will be appreciated. Very tmly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - APPROVAL FOR SALE OF CITY-OWNED PROPERTY AT 10924 SOUTH WABASH AVENUE TO AND AUTHORIZATION FOR EXECUTION OF REDEVELOPMENT AGREEMENT WITH MR. WILLIAM ARTIS IN ACCORDANCE WITH PRESERVING COMMUNITIES TOGETHER PROGRAM. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, togetherwith the proposed ordinance transmitted therewith. Referred to the Committee on Housing and Real Estate: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - At the request of the Commissioner of Housing, I transmit herewith an ordinance authorizing a transfer of property at 10924 South Wabash Avenue to William Artis. Your favorable consideration of this ordinance will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. 12/17/2003 COMMUNICATIONS, ETC. 14953 i?e/erred - APPROVAL FOR ACQUISITION OF PROPERTIES FOR BENEFIT OF MIDWEST TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, togetherwith the proposed ordinance transmitted therewith, Referred to the Committee on Housing and Real Estate: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - At the request ofthe Commissioner ofPIanning and Development, I transmit herewith an ordinance authorizing the acquisition of vacant parcels at 2606 — 2630 West Monroe Street. Your favorable consideration of this ordinance will be appreciated. Very tmly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - ACCEPTANCE OF BID FROM KERALITE OIL, INC. FOR PURCHASE OF CITY-OWNED PROPERTY AT 4 8 1 0 - 4 8 2 6 SOUTH COTTAGE GROVE AVENUE AND 4 8 1 9 - 4 8 2 7 SOUTH EVANS AVENUE. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, together with the proposed ordinance transmitted therewith, Referred to the Committee on Housing and Real Estate: 14954 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: LADIES AND GENTLEMEN - At the request ofthe Commissioner ofPIanning and Development, I transmit herewith an ordinance authorizing a sale of property at 4810 - 4826 South Cottage Grove Avenue and 4819 - 4827 South Evans Avenue to Keralite Oil, Inc. Your favorable consideration of this ordinance will be appreciated. Very truly yours, (Signed) RICHARD M. DALEY, Mayor. Referred - ACCEPTANCE OF BIDS AND APPROVAL FOR SALE OF VARIOUS CITY-OWNED PROPERTIES. The Honorable Richard M. Daley, Mayor, submitted the following communication which was, together with the proposed ordinances transmitted therewith. Referred to the Committee on Housing and Real Estate: OFFICE OF THE MAYOR CITY OF CHICAGO December 17, 2003. To the Honorable, The City Council of the City of Chicago: 12/17/2003 COMMUNICATIONS, ETC. 14955 LADIES AND GENTLEMEN - At the request ofthe Commissioner of Planning and Development, I transmit herewith ordinances authorizing sales of city-owned property. Your favorable consideration of these ordinances will be appreciated. Very tmly yours, (Signed) RICHARD M. DALEY, Mayor. C i t y C o u n c i l I n f o r m e d As T o M i s c e l l a n e o u s D o c u m e n t s Filed In C i t y C l e r k ' s OfElce. The Honorable James J. Laski, City Clerk, informed the City Council ,that documents have been filed in his office relating to the respective subjects designated as follows: Placed On File - NOTIFICATION OF SALE OF CITY OF CHICAGO COLLATERALIZED SINGLE-FAMILY MORTGAGE REVENUE BONDS, SERIES 2 0 0 2 D . A communication from Mr. Tariq G. Malhance, City Comptroller, under the date of November 20, 2003, transmitting the Notification of Sale together with the Trust Indenture, the Supplemental Trust Indenture, the Bond Purchase Agreement, the Preliminary Official Statement and the Official Statement for the issuance, sale and delivery of City of Chicago Single-Family Mortgage Revenue Bonds, Series 2002D, which was Placed on File. Placed On File - NOTIFICATION OF SALE OF CITY OF CHICAGO GENERAL OBLIGATION BONDS (NEIGHBORHOODS ALIVE 21 PROGRAM), SERIES 2 0 0 3 . A communication from Mr. Tariq G. Malhance, City Comptroller, under the date of December 3, 2003, transmitting the Notification of Sale, together with the Bond Purchase Agreement, the Official Statement and Schedule X Terms and Authorization for the issuance and sale of City ofChicago General Obligation Bonds (Neighborhoods 14956 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Alive 21 Program), Series 2003, which was Placed on File. Placed On File - NOTIFICATION OF SALE OF CITY OF CHICAGO O'HARE INTERNATIONAL AIRPORT GENERAL AIRPORT THIRD LIEN REVENUE REFUNDING BONDS, SERIES 2 0 0 3 D , 2 0 0 3 E AND 2 0 0 3 F . A communication from Mr. Tariq G. Malhance, City Comptroller, under the date of December 2, 2003, transmitting the Certificate Pursuant to Bond Ordinance together with the Bond Purchase Agreement and the Official Statement for the issuance and sale of City of Chicago O'Hare Intemational Airport General Airport Third Lien Revenue Refunding Bonds, Series 2003D, 2003E and 2003F, which was Placed on File. C i t y C o u n c i l I n f o r m e d As T o C e r t a i n A c t i o n s Taken. PUBLICATION OF JOURNAL. The City Clerk informed the City Council that all those ordinances, et cetera, which were passed by the City Council on November 19, 2003 and which were required by statute to be published in book or pamphlet form or in one or more newspapers, were published in pamphlet form on December 16, 2003 by being printed in full text in printed pamphlet copies ofthe Joumal ofthe Proceedings ofthe City Council of the City of Chicago ofthe regular meeting held on November 19, 2003, published by authority ofthe City Council, in accordance with the provisions ofTitle 2, Chapter 12, Section 050 ofthe Municipal Code ofChicago, as passed on J u n e 27, 1990. Miscellaneous Communications, Reports, Et Cetera, Requiring Council Action (Transmitted To C i t y C o u n c i l By C i t y Clerk). The City Clerk transmitted communications, reports, et cetera, related to the 12/17/2003 COMMUNICATIONS, ETC. 14957 respective subjects listed below, which were acted upon by the City Council in each case in the manner noted, as follows: i?e/erred - ZONING RECLASSIFICATIONS OF PARTICULAR AREAS. Applications (in duplicate) together with the proposed ordinances for amendment ofTitle 17 of the Municipal Code of Chicago (the Chicago Zoning Ordinance, as amended) for the purpose of reclassifying particular areas, which were Referred to the Committee on Zoning, as follows: Mr. Michael Anthony — to classify as a B4-1 Restricted Service District instead of an R4 General Residence District the area shown on Map Number 1-J bounded by: a line 48 feet north of and parallel to West Ohio Street; the public alley next east of and parallel to North Hamlin Avenue; West Ohio Street; and North Hamlin Avenue. Andres and Tereza Barajas — to classify as an R3 General Residence District instead of a B4-2 Restricted Service District the area shown on Map Number 8-1 bounded by: West 3 8 * Street; a line 224 feet east of and parallel to South Francisco Avenue; the public alley next south of and parallel to West 3 8 * Street; and a line 158.4 feet east of and paraUel to South Francisco Avenue. Bee Walt, Ltd. — to classify as a Cl-2 Restricted Commercial District instead ofan Ml-2 Restricted Manufacturing District the area shown on Map Number l-I bounded by: a line 50 feet west of and parallel to North Washtnaw Avenue; West Chicago Avenue; North Washtenaw Avenue; and the alley next south of and parallel to West Chicago Avenue. Ms. Laura A. Bryant — to classify as a B4-1 Restricted Service District instead of a B2-1 Restricted Retail District the area shown on Map Number 18-E bounded by: East 7 5 * Street; South Michigan Avenue; a line 100 feet south of and parallel to East 75"* Street; and a line 60 feet west of and parallel to South Michigan Avenue. Chicago Indoor Soccer, L.L.C. — to classify as a B4-4 Restricted Service District instead of an M2-4 General Manufacturing District and further, to classify as a 14958 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Business Planned Development instead of a B4-4 Restricted Service District the area showm on Map Number 10-H bounded by: West Pershing Road; South Ashland Avenue; a line 340 feet south of and parallel to West Pershing Road; a line 190 feet west of and parallel to South Ashland Avenue; a line 473.75 feet south of and parallel to West Pershing Road; and a line 714.11 feet west of and parallel to South Ashland Avenue. Mr. Michael Clark, in care of Gordon 85 Pikarski — to classify as an R4 General Residence District instead of a C l - 3 Restricted Commercial District the area showm on Map Number 8-E bounded by: a line 316.32 feet south of and parallel to East 3 5 * Street; the alley next east of South Indiana Avenue; a line 341.35 feet south of and parallel to East 3 5 * Street; and South Indiana Avenue. Cole Taylor Bank, as trustee under Tmst Number 777, in care of Wigoda 86 Wigoda — to classify as a C2-2 General Commercial District instead of a B4-2 Restricted Service District the area showm on Map Number 17-1 bounded by: a line 82 feet north of West Coyle Avenue; North Western Avenue; West Coyle Avenue; and the alley next west of North Westem Avenue. Cottage View Terrace, L.P. — to classify as a B4-3 Business Service District instead ofan R5 General Residence District the area showm on Map Number 12-D bounded by: East 4 8 * Street; a line 112.17 feet east of and parallel to South Cottage Grove Avenue running south for a distance of 191.00 feet; a line 191.00 feet south of and parallel to East 4 8 * Street running east for a distance of 28.00 feet; the north/south public alley east of and parallel to South Cottage Grove Avenue running south for a distance of 215.89 feet; a line 406.89 feet south of and parallel to East 4 8 * Street running west for a distance of 28.00 feet; a line 112.17 feet east of and parallel to South Cottage Grove Avenue m n n i n g south for a distance of 190.00 feet; East 4 9 * Street; and South Cottage Grove Avenue to the point of beginning. Mr. Patrick Degan, Ms. Janice Degan, Mr. Robert Stacey and Ms. Leona Stacey — to classify as a B4-3 Restricted Service District instead of an M2-4 General Manufacturing District and further, to classify as a Business Planned Development instead ofa B4-3 Restricted Service District the area shown on Map Number 10-H bounded by: West Pershing Road; a line 418.24 feet east of and parallel to South Western 12/17/2003 COMMUNICATIONS, ETC. 14959 Boulevard; the northeasterly right-of-way line of the former Chicago River and Indiana Railroad; a line 107.75 feet south of and parallel to West Pershing Road; and South Western Boulevard. Elston Development, L.L.C, in care of Mr. James J. Banks — to classify as a Business Planned Development instead of an M3-3 Heavy Manufacturing District, a B5-1 General Service District, a C3-3 Commercial Manufacturing District and an R3 General Residence District the area shown on Map Number 5-H bounded by: North Elston Avenue; the west right-of-way line ofthe Chicago 86 Northwestern Railway; a line 161.75 feet northwest of the intersection of West Armitage Avenue and North Holly Avenue, as measured at that easterly right-of-way of North Holly Avenue and perpendicular thereto; the easterly right-of-way line of North Holly Avenue; West Armitage Avenue; the easterly right-of-way line ofthe Chicago 86 Northwestern Railway; a line 157.25 feet northwest ofthe intersection of West Armitage Avenue and North Holly Avenue, as measured at the westerly right-of-way line of North Holly Avenue and perpendicular thereto; North Holly Avenue; a line 192.25 feet northwest ofthe intersection of West Armitage Avenue and North Holly Avenue, as measured at the westerly right-of-way line and perpendicular thereto; the easterly right-of-way Une of the Chicago 86 Northwestern Railway; the easterly right-of-way line of North Wood Street; and a line 210.29 feet southeast of the intersection of West Webster Avenue and North Elston Avenue, as measured at the southwesterly right-of-way line of North Elston Avenue and perpendicular thereto. Elysian Development Group, L.L.C. — to classify as a Residential Planned Development instead of a B7-6 General Central Business District the area shown on Map Number 3-E bounded by: East Walton Street; North Rush Street; the alley next south of and parallel to East Walton Street; a line 137.23 feet east of and parallel to North State Street; East Delaware Place; and North State Street. Ms. Ada Doris Gonzalez — to classify as an R4 General Residence District instead of an R3 General Residence District the area showm on Map Number 5-1 bounded by: a line 298 feet south of and parallel wdth West Wabansia Avenue; North Campbell Avenue; a line 394 feet south of and parallel with West Wabansia Avenue; and the public alley next west of and parallel wdth North Campbell Avenue. Ms. Catherine Haskins — to classify as a Cl-2 Restricted Commercial District instead of an R3 General Residence District and a Cl-2 Restricted Commercial 14960 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 District the area shown on Map Number 14-F bounded by: a line 470.50 feet north of and parallel with West 59* Street; South State Street; a line 370.28 feet north of and parallel with West 5 9 * Street; and a Une 180 feet west of and parallel wdth South State Street. Home Depot U.S.A., Inc. — to classify as a C3-1 Commercial-Manufacturing District instead of an M2-3 General Manufacturing District and further, to classify as a Business Planned Development instead of a C3-1 Commercial-Manufacturing District the area shown on Map Number 10-H bounded by: that part ofthe southwest quarter ofSection 6, Towmship 38 North, Range 14, East of the Third Principal Meridian, described as follows: beginning at the southwest comer of Lot 36 in the subdivision of the south 5 acres of the southwest quarter of the southwest quarter; thence north 00 degrees, 01 minutes, 36 seconds west, 131.00 feet; thence north 89 degrees, 41 minutes, 05 seconds west, 0.70 feet; thence north 00 degrees, 01 minutes, 36 secondswest, 40.85 feet; thence north 89 degrees, 41 minutes, 05 seconds west, 140.30 feet; thence north 00 degrees, 01 minutes, 36 seconds west, 973.50 feet; thence south 89 degrees, 36 minutes, 37 seconds east, 344.25 feet to a point of curvature; thence easterly and northeasterly along a curve concave northwesterly tangent to the last described course, having a radius of 322.70 feet, a chord bearing of north 79 degrees, 29 minutes, 31 seconds east, a chord length of 122.02 feet, and arch length of 122.75 feet; thence south 00 degrees, 04 minutes, 09 seconds east, 238.39 feet; thence north 89 degrees, 38 minutes, 50 seconds west, 4.00 feet; thence south 13 degrees, 10 minutes, 58 seconds west, 122.15 feet; thence south 14 degrees, 32 minutes, 23 seconds west, 145.71 feet; thence south 14 degrees, 32 minutes, 15 seconds west, 84.26 feet; thence south 00 degrees, 04 minutes, 09 seconds east, 456.42 feet; thence south 89 degrees, 41 minutes, 45 seconds east, 2.50 feet; thence south 00 degrees, 06 minutes, 16 seconds west, 131.00 feet; thence north 89 degrees, 41 minutes, 05 seconds west, 236.20 feet to the point of beginning. Baldemar and Maria Salgado — to classify as a B2-1 Restricted Retail District instead of a B1 -1 Local Retail District the area showm on Map Number 5-K bounded by: West Fullerton Avenue; a line 92.24 feet east of and parallel with north Lowell Avenue; the public alley parallel wdth and next south of West Fullerton Avenue; and North Lowell Avenue. Stan Properties, L.L.C, in care of Mr. J a m e s J. Banks — to classify as a B4-2 Restricted Service District instead of an R3 General Residence District the area 12/17/2003 COMMUNICATIONS, ETC. 14961 shown on Map Number 7-J bounded by: a line 128 feet north of and parallel to West Fullerton Avenue; North Kedzie Avenue; a line 53 feet north of and parallel to West Fullerton Avenue; and the alley next west of and parallel to North Kedzie Avenue. Mr. Issak Sughayar — to classify as a B4-1 Restricted Service District instead of an R3 General Residence District the area showm on Map Number 10-F bounded by: a line 200 feet north of West 43"^ Street; South Wentworth Avenue; a line 150 feet north of West 43'" Street; and the alley next west of South Wentworth Avenue. SWC 9 5 * 86 MLK, L.L.C. - to classify as a B4-1 Restricted Service District instead of a B2-1 Restricted Retail District the area showm on Map Number 24-E bounded by: East 9 5 * Street; South Dr. Martin Luther King, Jr. Drive; a line 182 feet south of and parallel to East 9 5 * Street; the alley next west of and parallel to South Dr. Martin Luther King, Jr. Drive; the alley next south of and parallel to East 9 5 * Street; and South Calumet Avenue. Mr. Michael ToUefson, in care of Gordon 86 Pikarski — to classify as a Cl-2 Restricted Commercial District instead of a C1-1 Restricted Commercial District the area shown on Map Number 9-H bounded by: the alley next north of West Belmont Avenue; a line 120.8 feet east of and parallel to North Oakley Avenue; West Belmont Avenue; and a line 72.8 feet east of and parallel to North Oakley Avenue. Mr. Richard Urso — to classify as an R4 General Residence District instead of an R3 General Residence District the area showm on Map Number 8-F bounded by: West 3 P ' Street; a line 25.70 feet west of and parallel to South Union Avenue; the alley next south of and parallel to West 3 P ' Street; and a line 24.00 feet east of and parallel to South Emerald Avenue. Village II, L.L.C. -- to classify as a B4-3 Restricted Service District instead of a Cl-2 Restricted Commercial District the area showm on Map Number 7-F bounded by: the alley next west and parallel to North Clark Street from a line 172.85 feet north of and parallel to West Oakdale Avenue; North Clark Street; and West Oakdale Avenue. 14962 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Mr. Peter Wydra — to classify as an R4 General Residence District instead of an R3 General Residence District the area shown on Map Number 7-H bounded by: West Fletcher Street; the alley next east of North Oakley Avenue; a line 45.45 feet south of West Fletcher Street; and North Oakley Avenue. Mr. Chad Zuric, in care of Gordon 86 Pikarski — to classify as a B2-3 Restricted Retail District instead of a Cl-2 Restricted Commercial District the area showm on Map Number l l - I bounded by: West Lawrence Avenue; North Talman Avenue; the alley next south of West Lawrence Avenue; and a line 83.38 feet west of and parallel to North Talman Avenue. 43"* 86 Pulaski, L.L.C. — to classify as a B4-1 Restricted Service District instead of an Ml-1 Restricted Manufacturing District the area shown on Map Number 10-K bounded by: West 43"* Street; South Pulaski Road; West 4 4 * Street; and the pubUc alley next west of and parallel to South Pulaski Road. 105* and Vincennes, L.L.C. — to classify as an R3 General Residence District instead of an M2-3 General Manufacturing District and further, to classify as a Residential Planned Development instead of an R3 General Residence District the area shown on Map Number 26-G bounded by: West 105* Street; South Throop Street; West 107* Street; and the eastern boundary line of the Chicago, Rock Island and Pacific Railroad right-of-way. 1720 Superior Development, L.L.C, in care of Mr. James J. Banks — to classify as an R4 General Residence District instead ofan R3 General Residence District the area showm on Map Number 1-H bounded by: the alley next north of and parallel to West Superior Street; a line 127.9 feet west of North Paulina Street; West Superior Street; and a line 228.3 feetwest of North Paulina Street. 3501 — 3502 Irving Park, L.L.C, in care of Mr. J a m e s J. Banks — to classify as an R4 General Residence District instead of a B4-1 Restricted Service District the area shown on Map Number 11-J bounded by: the public alley next north of and parallel to West Irving Park Road; North St. Louis Avenue; West Irving Park Road; and a line 58.70 feet west of and parallel to North St. Louis Avenue. 12/17/2003 COMMUNICATIONS, ETC. 14963 Referred - CLAIMS AGAINST CITY OF CHICAGO. Claims against the City of Chicago, which were Referred to the Committee on Finance, filed by the followdng: Alexander Conrad E., American Family Insurance Group 86 David M. Ihnat, Andraw Myron D.; Brown Matthew T.; Camp-Harney Jacqueline, Catalano Leonard A., Clifton Mark S., Colon Frances, Connolly Joyce; DeGraff Sherwin; Fedde Nicholas K., Feldman Daniel J.; Hammer Aaron L.; Langenderfer Mark D., Liberty Mutual Fire Insurance Company and Edward J. Fitzgerald III, Lumpkins Marsha J.; Marbach Beth M., McMiller Lisa M., Mei Ken Wu, Mohan Danyelle J.; Nikolic Miroslav; Palomino J u a n M., Phillos Ted, Pinto Alejandro; Rankin Antonio A., Reznik Alexander, Roberts Purscilla A., Rodriquez Ramiro and Maria, Rogers John H., Ruiz Pablo; Scott Mark W., Smith J a m e s E., South Michigan Avenue, General Partnership; Tillman Brenda M.; Wall Jeffrey A., White Sr. Eddie L., WilUams Robert, Wflson Robert, Wojtal Judy A.; Zanarini Rajmiond A.; 2448 — 2450 Condominium Association, in care of Wayne Etheridge Real Estate. 14964 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 i?e/erred - RECOMMENDATION BY COMMISSION ON CHICAGO LANDMARKS FOR DESIGNATION OF TRUSTEES SYSTEM SERVICE BUILDING AS CHICAGO LANDMARK. A communication from Mr. Brian Goeken, Deputy Commissioner, Department of Planning and Development, Landmarks Division, under the date of December 11, 2003, transmitting the Commission on Chicago Landmarks' recommendation, together wdth a proposed ordinance, for designation of the Trustees System Service Building at 201 North Wells Street as a Chicago landmark, which was Referred to the Committee on Historical Landmark Preservation. REPORTS OF COMMITTEES. COMMITTEE ON FINANCE. APPOINTMENT OF MS. AVIS LA VELLE AS MEMBER OF CHICAGO CABLE COMMISSION. The Committee on Finance submitted the followdng report: CHICAGO, December 17, 2003. To the President and Members of the City Council Your Committee on Finance, having had under consideration a communication recommending the appointment of Avis LaVelle as a member of the Chicago Cable Commission, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Approve the proposed appointment transmitted herewdth. This recommendation was concurred in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. 12/17/2003 REPORTS OF COMMITTEES 14965 On motion of Alderman Burke, the committee's recommendation was Concurred In and the said proposed appointment of Ms. Avis LaVelle as a member ofthe Chicago Cable Commission was Approved by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwdnkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio, Burnett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. APPOINTMENT OF MR. SEAN M. NUGENT AS MEMBER O F SOUTHWEST HOME EQUITY COMMISSION II. The Committee on Finance submitted the followdng report: CHICAGO, December 17, 2003. To the President and Members of the City Council Your Committee on Finance, having had under consideration a communication recommending the appointment of Sean M. Nugent as a member of the Southwest Home Equity Commission II, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Approve the proposed appointment transmitted herewith. This recommendation was concurred in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. 14966 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 On motion of Alderman Burke, the committee's recommendation was Concurred In and the said proposed appointment of Mr. Sean M. Nugent as a member of the Southwest Home Equity Commission II was Approved by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. AMENDMENT OF MUNICIPAL CODE OF CHICAGO BY RECONCILING TITLE 9, CHAPTER 100, SECTION 020(c) WITH PREVIOUSLY ADOPTED CODE AMENDMENT. The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Commfttee on Finance, having had under consideration an ordinance authorizing an amendment to Chapter 9-100-020(c) ofthe Municipal Code ofthe City of Chicago, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. 12/17/2003 REPORTS OF COMMITTEES 14967 On motion of Aldermam Burke, the said proposed ordinance tramsmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore - 48. Nays — None. Alderman Beavers 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. Title 9, Chapter 100, Section 020 ofthe Municipal Code ofChicago is hereby amended by deleting the dollar amount stricken through and inserting the Code citation and doUair aimounts underscored, as follows: 9-100-020 Violation - Penalty. •^ "k "k -k ie (c) The fines listed below shall be imposed for violation of the following sections of the traffic code: 9-40-080 $ 50.00 9-40-170 25.00 9-40-220 25.00 9-64-125 60.00 120.00 9-76-010 25.00 9-76-020 25.00 14968 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 9-76-030 25.00 9-76-040 25.00 9-76-050 25.00 9-76-060 25.00 9-76-070 25.00 9-76-080 25.00 9-76-090 25.00 9-76-100 25.00 9-76-110(a) 25.00 9-76-120 25.00 9-76-130 25.00 9-76-140(a) 100.00 9-76-140(6) 25.00 9-76-160 25.00 9-76-170 120.00 9-76-180 25.00 9-76-190 25.00 9-76-200 25.00 9-76-210(a) and (b) 25.00 9-76-220(a) and (b) 25.00 SECTION 2. This ordinance shall be in force and effect upon its passage. 12/17/2003 REPORTS OF COMMITTEES 14969 AUTHORIZATION FOR INSTALLATION OF PLAQUE COMMEMORATING ONE HUNDREDTH ANNIVERSARY OF IROQUOIS THEATER FIRE. The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration a resolution calling for the installation of a plaque commemorating the one hundredth anniversary of the Iroquois Theater fire at the site of the tragedy, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Adopt the proposed resolution transmitted herewith. This recommendation was concurred in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed resolution transmitted with the foregoing committee report was Adopted by yeas and nays as follows: Yeas —Aldermen Flores, Hadthcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. 14970 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 The followdng is said resolution as adopted: WHEREAS, December 30, 2003 wdll mark the one hundredth anniversary ofthe Iroquois Theater Fire, a tragic event in the history of the City of Chicago which claimed the lives of nearly stx hundred persons and led to major fire code reforms nationwdde; and WHEREAS, The Chicago City Council has been informed of this anniversary by Alderman Edward M. Burke; and WHEREAS, The deadly fire was sparked during a Wednesday matinee performance when an arc Ught sputtered and ignited a strip of paint-spattered muslin on a drape; and WHEREAS, The flames further spread to a velvet curtain and fabric hanging above the stage before touching off a deadly stampede toward the theater's exits, some of which were locked to foil gate-crashers or were obscured by drapes; and WHEREAS, The fire which engulfed the five-week old theater, located on the north side of Randolph Street, between State and Dearborn Streets, is believed to have taken the lives of five hundred eighty-two people, although the precise number of persons lost in the fire has differed over time; and WHEREAS, The deadly blaze resulted in tough, new laws calling for all doors at theaters to be able to be pushed open from the inside and other strict new safety standards governing public buildings; and WHEREAS, An office building located at 32 West Randolph Street now stands on the site of the blaze, which has stirred sorrow in the hearts of generations of Chicagoans; and WHEREAS, The property is owmed by a trust headed by David Kalish and the Kalish family; and WHEREAS, The City of Chicago wishes to pay proper tribute to the memory of all those lost in the Iroquois Theater Fire on the occasion of the centenary of this tragedy; now, therefore. Be It Resolved, That we, the Mayor and the members ofthe Chicago City Council, assembled this seventeenth day of December, 2003, do hereby call for the installation of a plaque commemorating the one hundredth anniversary of the Iroquois Theater Fire at a dedication ceremony to be held at the site of the tragedy; and 12/17/2003 REPORTS OF COMMITTEES 14971 Be It Further Resolved, That a suitable copy of this resolution be presented to David Kalish and the Kalish Family. AUTHORIZATION FOR TRANSFER OF INVESTMENT EARNINGS FROM CITY OF CHICAGO GENERAL OBLIGATION BONDS (CITY COLLEGES OF CHICAGO CAPITAL IMPROVEMENT PROJECT), SERIES 1999 TO CORPORATE FUND. The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration a substitute ordinance authorizing transfer of investment eamings from the City's General Obligation Bonds (City Colleges of Chicago Capital Improvement Project), Series 1999 to the Corporate Fund of the City, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed substitute ordinance transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the Committee. Alderman Edward M. Burke abstained from voting pursuant to Rule 14 ofthe City Council's Rules of Order and Procedure. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed substitute ordinance tramsmitted with the foregoing committee report was Passed by yeas and nays as follows: 14972 JOURNAL - CITY COUNCIL - CHICAGO 12/17/03 On motion of Alderman Burke, the said proposed substitute ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natams, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 47. Nays — None. Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. 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. The following is said ordinance as passed: WHEREAS, The City of Chicago (the "City") is a duly constituted and existing municipality within the meaning ofSection 1 of Article VII ofthe 1970 Constitution of the State of Illinois (the "Constitution") having a population in excess of twenty-five thousand (25,000) and is a home rule unit oflocal govemment under Section 6(a) of Article VII ofthe Constitution; amd WHEREAS, Section 10 of Article VII ofthe Constitution authorizes units oflocal govemment to contract among themselves in any manner not prohibited by law or ordinance and to use their credit, revenues and other resources to pay costs and to service debt related to intergovemmental activities; and WHEREAS, The Intergovernmental Cooperation Act of the State of Illinois, as amended, authorizes public agencies to exercise any power or powers, privileges or authority which may be exercised by such public agency individually to be exercised and enjoyed jointly with any other public agency in the State of Illinois; and WHEREAS, Pursuant to the provisions ofthe Public Community College Act, as amended, the City constitutes one (1) community college district, which community college district is a body politic and corporate by the name of "Community College District November 508, Cook County, Illinois" (the "City Cofleges of Chicago") govemed by the Board of Trustees thereof; and WHEREAS, The provision of educational services and community college facilities to the inhabitants of the City pertains to the govemment and affairs of the City and is a lawful exercise of the home rule powers of the City; and 12/17/2003 REPORTS OF COMMITTEES 14973 WHEREAS, Pursuant to an ordinance adopted by the City Council ofthe City (the "City Councfl") on September 29, 1999 and published at pages 11355 - 11388 of the Joumal ofthe Proceedings ofthe City Council ofthe City ofChicago ior such date (the "1999 Ordinance"), it was deemed in the best interests ofthe inhabitants ofthe City and necessary for the welfare of the government and affairs of the City to finance the construction of a new facility and to finance and refinance improvements, repairs, rehabilitations and renovations to and equipment and furnishing for the educational facilities owned or used by the City Colleges of Chicago (the "Capital Improvement Program"); and WHEREAS, Pursuant to the 1999 Ordinance, the City issued its General Obligation Bonds (City Colleges of Chicago Capital Improvement Project), Series 1999 (the "Bonds") in the amount ofThree Hundred Eight Million Nine Hundred Stxty-four Thousand Four Hundred Thirty and 80/100 Dollars ($308,964,430.80) on November 30, 1999 for the purposes of pajdng costs ofthe Capital Improvement Program and paying the expense of issuing the Bonds; and WHEREAS, The City entered into a depository agreement (the "Agreement"), dated as of November 30, 1999, with LaSalle Bank National Association, as the depository (the "Depository"), pursuant to which the City established and created with the Depository, the Project Fund into which a portion of the proceeds of the sale of the Bonds were deposited and have been used for the purpose of pajdng the costs ofthe Capital Improvement Program; and WHEREAS, Pursuant to the Agreement, the Depository has invested the monies held in the Project Fund and it is necessary and desirable to authorize, from time to time, the transfer of monies (the "Investment Eamings") eamed from the investment ofsuch monies in the Project Fund for deposit into the Corporate Fund of the City; and WHEREAS, Pursuant to an ordinance adopted by the City Council on July 9, 2003 and published at pages 3282 — 3393 ofthe Joumal ofthe Proceedings ofthe City Council ofthe City ofChicago for such date (the "Central Loop Bond Ordinance"), the City issued its General Obligation Bonds (Central Loop Redevelopment Project), Series 2003A in the aggregate principal amount of Seventy-four Million Seven Hundred Seventy-two Thousand Five Hundred Fifty-seven and 65/100 Dollars ($74,772,557.65) and its General Obligation Bonds (Central Loop Redevelopment Project), Series 2003B (Taxable) in the aggregate principal amount of Sixty-two Million Two Hundred Twenty-eight Thousand Nine Hundred Ninety-eight and 6 5 / 1 0 0 Dollars ($62,228,998.65) (coUectively, the "Central Loop Bonds") as a means of financing certain Central Loop Redevelopment Project Area redevelopment project costs (as defined in the Tax Increment Allocation Redevelopment Act, as amended (the "Act") incuned pursuant to the Central Loop Redevelopment Plan; and 14974 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 WHEREAS, Pursuant to the Act, redevelopment project costs include all or a portion of a taxing district's capital costs resulting from a redevelopment project necessarily incuned or to be incuned in furtherance of the objectives of a redevelopment plan and project, to the extent a municipality by written agreement accepts and approves such costs; and WHEREAS, The City Colleges of Chicago is a taxing district under the Act; and WHEREAS, The Central Loop Redevelopment Plan contemplates that Central Loop incremental property taxes, or obligations secured by Central Loop incremental property taxes, would be provided for public improvements within the boundaries of the Central Loop Redevelopment Project Area; and WHEREAS, The City desires to use a portion of the proceeds of the Central Loop Bonds or incremental taxes from the Central Loop Redevelopment Project Area to pay or reimburse redevelopment project costs incuned in connection with the Capital Improvement Program by the City Colleges of Chicago or by the City on behalf of the City Colleges ofChicago; and WHEREAS, The City desires to use other lawfully available funds ("Other Funds") to pay or reimburse costs of the Capital Improvement Program incuned by the City Colleges of Chicago or by the City on behalf of the City Colleges of Chicago; now, therefore. Be It Ordained by the City Council of the City of Chicago: SECTION 1. The City Council, after a public meeting heretofore held on this ordinance by the Committee on Finance of the City Council, pursuant to proper notice and in accordance with the findings and recommendations of such Committee, hereby finds that all of the recitals contained in the preambles to this ordinance are full, true and conect and does incorporate them into this ordinance by this reference. SECTION 2. There shall be transfened from the Project Fund, from time to time, one (1) or more amounts of Investment Eamings, as determined by the City Comptroller, for deposit into the Corporate Fund of the City; each such disbursement from the Project Fund shall be made by the Depository to the City upon receipt of a written request executed by the City Comptroller or the Deputy City Comptroller (collectively, the "Authorized Officers"). The Authorized Officers shall record appropriate financial and accounting entries on the books and records ofthe City to reflect such transfers. SECTION 3. The City hereby finds that the redevelopment project costs incuned by the City Colleges of Chicago or by the City on behalf of the City Colleges of 12/17/2003 REPORTS OF COMMITTEES 14975 Chicago in the Central Loop Redevelopment Project Area in connection with the Capital Improvement Program (the "Redevelopment Project Costs") are eligible redevelopment project costs approved by the City that are necessary and directly result from the Central Loop redevelopment project to the extent that they constitute "taxing districts' capital costs" as defined in the Act and are eligible to be padd or reimbursed from Central Loop incremental taxes (and investment eamings thereon, if applicable) or pursuant to the Central Loop Bond Ordinance to the extent that Central Loop Bond proceeds (and investment eamings thereon, if applicable) are used for said payment or reimbursement. SECTION 4. Certain proceeds of the Central Loop Bonds (the "Reimbursed Funds") are expected to be used to reimburse the City for certain Redevelopment Project Costs in an amount not to exceed Nine Million Dollars ($9,000,000) as having been paid for by the City prior to the date of adoption ofthis ordinance. Such Reimbursed Funds (and investment eamings thereon, if applicable), shall be used to pay or reimburse costs ofthe Capital Improvement Program incuned by the City Colleges of Chicago or by the City on behalf of the City Colleges of Chicago. SECTION 5. The Authorized Officers are each authorized to execute and deliver such other documents and agreements (including but not limited to an amendment to the Intergovemmental Agreement dated August 8, 2000 among the City, the Board of Trustees of Community College District Number 508, County of Cook and State oflllinois and the Public Building Commission ofChicago to provide for (i) the transfer of Investment Earnings to the Corporate Fund of the City, (ii) the use of Central Loop Bond proceeds or Central Loop incremental taxes to pay or reimburse for Redevelopment Project Costs, and (iii) the use of Reimbursed Funds and Other Funds to pay or reimburse costs of the Capital Improvement Program i n c u n e d by the City Colleges of Chicago or by the City on behalf of the City Colleges of Chicago) and perform such other acts as may be necessary or desirable in connection with the implementation ofthe transactions described above. SECTION 6. This ordinance is prepared in accordance with the powers ofthe City as a home rule unit under Article VII ofthe Constitution. The appropriate officers of the City are hereby authorized to take such actions and do such things as shall be necessary to perform, carry out, give effect to and consummate the transactions contemplated by this ordinance, but subject to any limitations on or restrictions of such power or authority as herein set forth. SECTION paragraph, competent paragraph, hereof. 7. It is the intention of this City Council that, if any article, section, clause or provision of this ordinance shadl be ruled by any court of jurisdiction to be invalid, the invalidity of such article, section, clause or provision shall not aiffect any of the remaining provisions 14976 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 If any provision of this ordinance is in conflict with or inconsistent with any ordinances (including the 1999 Ordinance and the Central Loop Bond Ordinance) or resolutions or parts of ordinances or resolutions or the proceedings of the City in effect as of the date hereof, the provisions of this ordinance shall supersede any conflicting or inconsistent provision to the extent of such conflict or inconsistency. No provision of the Municipal Code of Chicago (the "Municipal Code") or violation ofany provision ofthe Municipal Code shall be deemed to impair the validity ofthis ordinance or the instmments authorized by this ordinance, or to impair the security for or payment of the instruments authorized by this ordinance; provided, further, however, that the foregoing shall not be deemed to affect the availability ofany other remedy or penalty for any violation of any provision of the Municipal Code. This ordinance shall be published by the City Clerk, by causing to be printed in special pamphlet form at least twenty-five (25) copies hereof, which copies are to be made available in his office for public inspection and distribution to members ofthe public who may wish to avail themselves of a copy of this ordinance, and this ordinance shall be in full force and effect from and after its adoption, approval by the Mayor and publication as provided herein. DESIGNATION OF VARIOUS FINANCIAL INSTITUTIONS AS MUNICIPAL DEPOSITORIES FOR CITY OF CHICAGO AND CHICAGO BOARD OF EDUCATION FUNDS FOR FISCAL YEAR 2 0 0 4 . The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration an ordinance authorizing the designation ofthe municipal depositories for the City ofChicago and the Chicago Board of Education for fiscal year 2004, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. 12/17/2003 REPORTS OF COMMITTEES 14977 This recommendation was concuned in by a viva voce vote of the members of the Committee. Alderman Edward M. Burke and Alderman William M. Beavers abstained from voting pursuant to Rule 14 ofthe City Council's Rules of Order and Procedure. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as foUows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Rebojn"as, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 46. Nays — None. Alderman Natarus moved to reconsider the foregoing vote. The motion was lost. 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 Beavers invoked Rule 14 of the City Council's Rules of Order and Procedure disclosing that he is a stockholder in New City Bank. The following is said ordinance as passed: WHEREAS, On July 10, 2003, July 11, 2003 and July 14, 2003, the City Comptroller advertised for bids from national and state banks and federal and state savings and loan associations for interest upon the funds ofthe City ofChicago and the Chicago Board of Education to be deposited in banks and savings and loan associations, in accordance with Chapter 2, Section 2-32-400 ofthe Municipal Code ofChicago (the "Code"); and 14978 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 WHEREAS, On October 14, 2003, the City Comptroller received bids from financial institutions seeking to be designated as municipal depositories, and subsequently, determined that twenty-nine (29) bidders were eligible to be so designated; and WHEREAS, Pursuant to Chapter 2, Section 2-32-400 of the Code, the City Comptroller is required to report such bids to the City Council to the end that an award or awards may be made upon such bids; now, therefore. Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the following national and state banks and federal and state savings and loan associations, pursuant to an advertisement required by the Code, have applied to become municipal depositories of the City of Chicago and Chicago Board of Education for the purpose of holding and paying interest on municipal deposits, and that each financial institution has satisfactorily filed with the City Comptroller the information required by Chapter 2, Sections 2-32-430, 2-32-440 and 2-32-450 ofthe Code: Albany Bank 86 Tmst Co., N.A. Amalgamated Bank of Chicago Associated Bank Banco Popular North America Bank of America, N.A. Bank One, N.A. Citibank, F.S.B. Cole Taylor Bank Community Bank of Ravenswood Fifth Third Bank First Commercial Bank First Eagle National Bank Harris Trust 86 Savings Bank 12/17/2003 REPORTS OF COMMITTEES 14979 Highland Community Bank Hyde Park Bank Intemational Bank of Chicago Labe Bank Lakeside Bank LaSalle Bank National Association MetropoUtan Bank 86 Trust Co. Mutual Bank National City Bank of Michigan/Illinois New City Bank The Northem Trust Company Pacific Global Bank Pullman Bank and Trust Company Seaway National Bank of Chicago ShoreBank University National Bank SECTION 2. The financial institutions listed in Section 1 are hereby designated as legal depositories for City of Chicago and Chicago Board of Education monies for fiscal year 2004 and the Treasurer of the City of Chicago may deposit monies received by her in any of these institutions in accordance with Chapter 2, Sections 2-32-470, 2-32-480 and 2-32-490 ofthe Code. SECTION 3. To the extent that any ordinance, resolution, rule, order or provision ofthe Code, or part thereof, is in conflict with the provisions ofthis 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. 14980 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 SECTION 4. This ordinance shall be effective from and after its passage. AUTHORIZATION FOR ISSUANCE, SALE AND DELIVERY OF SINGLE-FAMILY HOUSING RESIDUAL REVENUE CAPITAL APPRECIATION BONDS, SERIES 2 0 0 3 . The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council Your Committee on Finance, having had under consideration an ordinance authorizing the issuance of City of Chicago Residual Revenue Capital Appreciation Bonds, Series 2003, amount of bonds not to exceed $6,000,000, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the Committee. Alderman Burke abstained from voting pursuant to Rule 14 ofthe City Council's Rules of Order and Procedure. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: 12/17/2003 REPORTS OF COMMITTEES 14981 Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Rebojrras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore - 47. Nays — None. Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. 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. The following is said ordinance as passed: WHEREAS, The City of Chicago (the "City") is a duly constituted and existing municipality within the meaning of Section 1 of Article VII ofthe 1970 Constitution ofthe State oflllinois, and is a "home rule unit" under Section 6(a) of Article VII of the Constitution; and WHEREAS, The City previously issued (i) its Twenty-three MilUon Five Hundred Fifty Thousand Dollars ($23,550,000) in original aggregate principal amount of Collateralized Single-Family Mortgage Revenue Bonds, Series 1996-A (the "Series 1996-A Bonds") and (ii) its Twenty-five Miflion Dollars ($25,000,000) in original aggregate principal amount of Collateralized Single-Family Mortgage Revenue Bonds, Series 1996-B (the "Series 1996-B Bonds", and, together with the Series 1996-A Bonds, the "1996 Bonds"); and WHEREAS, The 1996 Bonds were issued pursuant to a trust indenture dated as of January 1, 1996, between the City and The First National Bank ofChicago (now known as Bank One Tmst Company, NA) ("Bank One") as tmstee (the "1996 Tmstee"), as such trust indenture was amended and supplemented by the First Supplemental Trust Indenture, dated as of J u n e 1, 1996, from the City to the 1996 Trustee and as further amended and supplemented from time to time, that trust indenture, as so amended and supplemented, being refened to in this ordinance as the "1996 Indentiare"; and WHEREAS, The City previously issued (i) its Forty-two Million Four Hundred Five Thousand Dollars ($42,405,000) in original aggregate principal amount of Collateralized Single-Family Mortgage Revenue Bonds, Series 1997-A (the "Series 1997-A Bonds") and (fl) fts Thirty Million Dollars ($30,000,000) in original aggregate 14982 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 principal amount of Collateralized Single-Family Mortgage Revenue Bonds, Series 1997-B (the "Series 1997-B Bonds", and, together with the Series 1997-A Bonds, the "1997 Bonds"); and WHEREAS, The 1997 Bonds were issued pursuant to a trust indenture, dated as of April 1, 1997 (the "1997 Indenture"), between the City and Bank One, as tmstee (the "1997 Tmstee"); and WHEREAS, The City previously issued (i) its Forty-two Million Ninety-five Thousand Dollars ($42,095,000) in original aggregate principal amount of its Collateralized Single-Family Mortgage Revenue Bonds, Series 1998A-1 (the "Series 1998A-1 Bonds"), (ii) its Nine Million Doflars ($9,000,000) in original aggregate principal amount ofits Collateralized Single-Family Mortgage Revenue Bonds, Series 1998A-2 (Taxable) (the "Series 1998A-2 Bonds", and, together with the Series 1998A-1 Bonds, the "Series 1998A Bonds"), (iii) fts Thirty Million Doflars ($30,000,000) in original aggregate principal amount of its Collateralized SingleFamily Mortgage Revenue Bonds, Series 1998B (the "Series 1998B Bonds"), (iv) its Twenty-seven Mfllion Eight Hundred Ninety-five Thousand Dollars ($27,895,000) in original aggregate principad amount of its Collateralized Single-Family Mortgage Revenue Bonds, Series 1998C-1 (the "Series 1998C-1 Bonds") and (v) its Stx Million Dollars ($6,000,000) in original aggregate principal amount of its Collateralized Single-Family Mortgage Revenue Bonds, Series 1998C-2 (Taxable) (the "Series 1998C-2 Bonds", and, togetherwith the Series 1998C-1 Bonds, the "Series 1998C Bonds", and, together with the 1998A Bonds and the 1998B Bonds, the "1998 Bonds"); and WHEREAS, The 1998 Bonds were issued pursuant to a trust indenture, dated as of March 1,1998, from the City to Bank One, as tmstee (the "1998 Tmstee"), as amended and supplemented by the First Supplemental Indenture, dated as of September 1, 1998, from the City to the 1998 Trustee that trust indenture, as so amended and supplemented, being referred to in this ordinance as the "1998 Indenture"; and WHEREAS, The City previously issued (i) its Forty-three Mfllion Ten Thousand Dollars ($43,010,000) in original aggregate principal amount ofits Collateralized Single-Family Mortgage Revenue Bonds, Series 1999A (the "Series 1999A Bonds"), (ii) its Nineteen Million Five Hundred Thousand Dollars ($19,500,000) in original aggregate principal amount of its Collateralized Single-Family Mortgage Revenue Bonds, Series 1999B (the "Series 1999B Bonds") and (iii) fts Eighteen Miflion Two Hundred Ninety Thousand Dollars ($18,290,000) in original aggregate principal amount ofits Collateralized Single-Family Mortgage Revenue Bonds, Series 1999C (the "Series 1999C Bonds", and, together with the Series 1999A Bonds and the Series 1999B Bonds, the "1999 Bonds"); and 12/17/2003 REPORTS OF COMMITTEES 14983 WHEREAS, The 1999 Bonds were issued pursuant to a trust indenture, dated as of April 1,1999, from the City to Bank One, as tmstee (the "1999 Tmstee"), as such trust indenture was amended and supplemented by the First Supplemental Indenture, dated as of September 1, 1999, from the City to the 1999 Tmstee, that trust indenture, as so supplemented and amended, being refened to in this ordinance as the "1999 Indenture" and togetherwith the 1996 Indenture, the 1997 Indenture and the 1998 Indenture, being refened to in this ordinance as the "Prior Indentures"; and WHEREAS, Each ofthe 1996 Bonds, the 1997 Bonds, the 1998 Bonds and the 1999 Bonds, respectively, were issued pursuant to the terms ofthe respective Prior Indentures, to obtain funds to finance the acquisition of mortgage-backed securities ("G.N.M.A. Securities") of the Govemment National Mortgage Association ("G.N.M.A."), mortgage pass-through securities ("F.H.L.M.C. Securities") issued by the Federal Home Loan Mortgage Corporation ("F.H.L.M.C") and mortgage passthrough securities ("F.N.M.A. Securities") issued by Fannie Mae ("F.N.M.A."), evidencing a guarantee by G.N.M.A., F.H.L.M.C. or F.N.M.A., as the case may be, of timely pajmient of monthly principal of and interest on certain qualified mortgage loans under programs operated by the City to provide an adequate supply of residential housing for low- and moderate-income persons or families; and WHEREAS, Each of the respective Prior Indentures provides that, subject to the terms of the respective Prior Indentures, any amounts remaining in any Fund or Account held under those respective Prior Indentures (other than the Rebate Funds established thereunder to the extent ofthe Rebate Amount (as defined in each Prior Indenture)), including, without limitation, all cash and G.N.M.A. Securities, F.H.L.M.C Securities and F.N.M.A. Securities subject to the liens ofthe respective Prior Indentures, after payment in full of the principal of, premium, if any, and interest on the bonds secured by the respective Prior Indentures, and the fees due to the trustees thereunder, shadl be paid to the City, and applied to any proper public purpose; and WHEREAS, The City has determined that it is necessary and desirable to provide funds for the purposes set forth in Section 3 of this ordinance (the "Purposes") and to finance part or all of the costs of such Purposes by the issuance of residual revenue bonds secured by the amounts that the City expects to receive under the respective Prior Indentures as described in the preceding paragraph; and WHEREAS, To provide funds for one (1) or more ofthe Purposes determined as provided herein, the City has determined to issue its Residual Revenue Bonds of one (1) or more series (collectively, the "Bonds"), in an aggregate principal amount not to exceed Stx MilUon Doflars ($6,000,000); and WHEREAS, To secure repayment ofthe Bonds, the City has determined that it is 14984 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 necessary and desirable to promise to transfer all amounts payable to it under the respective Prior Indentures from the trustees under the respective Prior Indentures to the tmstee for the Bonds; WHEREAS, By virtue ofits constitutional home mle powers and all laws applicable to it, the City has the power to issue the Bonds; and WHEREAS, The City has been notified by Bank One that it expects to sell its corporate trust business to J. P. Morgan Chase 86 Co., such that, effective on the closing date of the sale, J. P. Morgan Trust Company, National Association shall become the successor trustee under each ofthe Prior Indentures, and all references to the 1996 Tmstee, the 1997 Tmstee, the 1998 Tmstee and the 1999 Tmstee in this ordinance on and after the effective date of that succession shadl be deemed to be J. P. Morgan Tmst Company, National Association, in its role as successor trustee; now, therefore, Be It Ordained by the City Council of the City of Chicago, as follows: SECTION 1. Finding. The City Councfl finds that all of the recitals contained in the preamble to this ordinance are t m e , complete and conect and incorporates them into this ordinance by this reference. SECTION 2. Definitions. The terms defined in the form of the T m s t Indenture with respect to the Bonds (the "2003 Indenture") attached to this ordinance as Exhibit A, shall, for all purposes of this ordinance, have the meanings specified therein, unless the context in this ordinance clearly requires otherwise. SECTION 3. Authorization O f T h e Bonds. For one (1) or more of the Purposes described below, it is necessary that the City authorize and issue, and the City authorizes the issuance of, the Bonds. The Bonds are entitled to the benefit, protection and security of this ordinance and the 2003 Indenture. The aggregate principal amount of Bonds which shall be issued shall not exceed Stx Million Dollars ($6,000,000). The City Comptroller or, if so designated and determined by the City Comptroller, the person appointed by the Mayor as the Chief Financial Officer of the City (the City Comptroller or, if so designated and determined by the City Comptroller, the Chief Financial Officer of the City being refened to herein as the "Authorized Officer") shall determine the aggregate principal amount of each series of the Bonds to be issued in order to achieve the greatest benefit to the City and the one (1) or more Purposes for which the Bonds shall be issued, which shall be specified in the notification of sale provided for in Section 4(b). The Bonds shall 12/17/2003 REPORTS OF COMMITTEES 14985 mature not later than thirty (30) years from their date of issuance. The Bonds shall be payable as to principal, redemption premium, if any, and interest, from the sources, and shall be secured in the manner, described in the 2003 Indenture, which may provide for the issuance ofthe Bonds, or certain of them, at an original issuance discount of not to exceed seventy-five percent (75%) of their maturity amount and for the issuance of the Bonds, or certain of them, as capital appreciation bonds. The Bonds shall be designated by the title "Residual Revenue Bonds" and shall bear am additional series designation reflecting the year of their issuance and such additional series designations as shall be provided in the 2003 Indenture. The Bonds may be issued as Bonds the interest on which is excluded from gross income for federal income tax purposes, as Bonds the interest on which is not excluded from gross income for federal income tax purposes, or any combination thereof, as shall be provided in the 2003 Indenture. The Bonds shall be issued from time to time in one (1) or more series, be dated, bear interest at such rate or rates not to exceed nine and zero hundredths percent (9.00%) per year, mature, be subject to payment, redemption and purchase, be of form and be secured, all as provided in the 2003 Indenture. The Mayor and the City Clerk are authorized to execute, by manual or facsimile signature, and deliver the Bonds for and on behalf of the City. The proceeds of the Bonds shall be used by the City's Department of Housing (the "Department") as follows: (i) to provide grants, loans a n d / o r other financial assistance for multi-family housing developments or singlefamily housing developments pursuant to programs of the Department (as in effect now or as of the date such grants or loans are to be made) and in accordance with all applicable restrictions for such grants, loans or other financial assistance as may then be in effect under applicable law, and (ii) to pay administrative costs of the Department in connection with such grants, loans and financial assistance as described in (i) above. SECTION 4. Sale And Delivery Of The Bonds, (a) The Bonds shall be sold and delivered from time to time, to or at the direction of an underwriter or a group of underwriters (the "Underwriters") to be selected by the Authorized Officer, subject to the terms and conditions ofa contract of purchase related to those Bonds. The Mayor or the Authorized Officer is authorized to execute and deliver on behalf of the City, with the concunence ofthe Chairman ofthe Committee on Finance ofthe City Council, one (1) or more contracts of purchase in substantially the form previously used for financings of the City, with appropriate revisions to reflect the terms and provisions of the Bonds, and with such other revisions in text as the Authorized Officer shall determine are necessary or desirable in connection with the sale of Bonds. The execution ofsuch contract or contracts of purchase by the Mayor or the Authorized Officer shall be deemed conclusive evidence of the approval by the City 14986 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 ofthe terms provided in such contract or contracts of purchase. The compensation paid to the Underwriters in connection with the sale of the Bonds shall not exceed stx and zero-tenths percent (6.0%) ofthe amount received by the City from the sale ofthe Bonds. In connection with the offer and delivery ofthe Bonds, the Authorized Officer, and such other officers of the City as may be necessary, are authorized to execute such documents as may be necessary to implement the transaction and to effect the issuance and delivery ofthe Bonds. (b) Subsequent to the sale of the Bonds, the Authorized Officer shall file in the Office ofthe City Clerk a notification of sale directed to the City Council setting forth (i) the aggregate principal amount sold ofeach series ofthe Bonds, (ii) the interest rate or rates for each series ofthe Bonds, (iii) the maturity date ofeach series ofthe Bonds, (iv) the redemption provisions applicable to each series of Bonds, (v) the compensation paid to the Underwriters in connection with the Bonds, and (vi) the one (1) or more Purposes for which the Bonds are being issued. An executed copy of each of the 2003 Indenture, the Preliminary Official Statement and the final Official Statement shall be attached to that notification of sale. (c) In connection with the sale of the Bonds, the City shall cause there to be prepared and delivered to prospective purchasers ofthe Bonds a Preliminary Official Statement in such form and substance, and with such appendices, as the Mayor or the Authorized Officer shall approve in connection with the sale ofthe Bonds. Upon the sale ofthe Bonds, the Mayor or the Authorized Officer is authorized and directed to cause the final Official Statement to be prepared and (i) delivered to the Underwriters for use and distribution and (ii) filed with the Office of the City Clerk, as provided in paragraph (b) above. SECTION 5. Appointment Of Tmstee. The City hereby authorizes the Authorized Officer to appoint a tmstee (the "Trustee") for the purposes and upon the express terms and conditions set forth in the 2003 Indenture. The acceptamce of the Trustee shall be evidenced by its execution ofthe 2003 Indenture. SECTION 6. Authorization To Enter Into 2003 Indenture. In order to provide for the issuance ofthe Bonds, the Mayor or the Authorized Officer is authorized to execute and deliver the 2003 Indenture in substantially the form attached to this ordinance as Exhibit A, wdth such changes or additions to or omissions from such form (consistent with the terms of this ordinance) as the Mayor or the Authorized Officer shall approve. The Mayor or the Authorized Officer is authorized to approve, among other changes. The execution and delivery of the 2003 Indenture by the 12/17/2003 REPORTS OF COMMITTEES 14987 Mayor or the Authorized Officer shall constitute the conclusive approval by the City of any such changes or additions to amd omissions from the form of the 2003 Indenture attached as Exhibit A. SECTION 7. Continuing Disclosure Undertaking. The Mayor or the Authorized Officer is authorized to execute and deliver a continuing disclosure undertaking (the "Continuing Disclosure Undertaking") evidencing the City's agreement to comply with the provisions ofSection (b)(5) of Rule 15(c)2-12, adoptedby the Securities and Exchange Commission under the Securities Exchange Act of 1934, in a form approved by the Corporation Counsel. Upon its execution and delivery on behalf of the City as provided in this ordinance, the Continuing Disclosure Undertaking will be binding on the City, and the officers, employees and agents of the City are authorized to do all such acts and things and to execute all such documents as may be necessary to c a n y out and comply with the provisions of the Continuing Disclosure Undertaking as executed. The Mayor or the Authorized Officer is further authorized to amend the Continuing Disclosure Undertaking in accordance with its terms from time to time following its execution and delivery as said officer shall deem necessary. Notwithstanding any other provision of this ordinance, the sole remedy for any failure by the City to comply with the Continuing Disclosure Undertaking shall be the ability of the beneficial owner of any Bond to seek mandamus or specific performance by court order to cause the City to comply with its obligations under the Continuing Disclosure Undertaking. SECTION 8. Proxies. The Mayor and the Authorized Officer may each designate another to act as his or her respective proxy and to affix his or her respective signature to each Bond, whether in temporary or definitive form, and to any other instrument, certificate or document required to be signed by the Mayor or the Authorized Officer pursuant to this ordinance, the 2003 Indenture. In each case, each shall send to the City Council written notice of the person so designated by each, such notice stating the name of the person so selected and identifying the instruments, certificates and documents which such person shall be authorized to sign as proxy for the Mayor and the Authorized Officer, respectively. A written signature of the Mayor or the Authorized Officer, respectively, executed by the person so designated underneath, shall be attached to each notice. Each notice, with signatures attached, shall be recorded in the Joumal ofthe Proceedings ofthe City Council ofthe City ofChicago and filed with the City Clerk. When the signature ofthe Mayor is placed on am instrument, certificate or document at the direction of the Mayor in the specified manner, the same, in all respects, shall be as binding on the City as if signed by the Mayor in person. When the signature ofthe Authorized Officer is so affixed to an instrument, certificate or document at the direction ofthe Authorized Officer, the same, in all respects, shall be as binding on the City as if signed by the Authorized Officer in person. 14988 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 SECTION 9. Further Actions To Maintain Tax-Exempt Status Of Interest On Prior Bonds. The Mayor and the Authorized Officer are each authorized to forgive mortgage loans backing the G.N.M.A. Securities, the F.H.L.M.C. Securities and the F.N.M.A. Securities and to take such other actions as may be determined to be advisable or desirable (including, without limitation, the payment of legally available monies to the United States of America and the execution and delivery of such other documents) in order to maintain the tax-exempt status of the interest on the 1996 Bonds, the 1997 Bonds, the 1998 Bonds and the 1999 Bonds. SECTION 10. Additional Authorization. The Mayor, the Authorized Officer, the City Treasurer, the City Clerk, the Deputy City Clerk and such other officers of the City as may be necessary are hereby authorized to execute such other documents and perform such other acts as may be necessary or desirable in connection with the issuance, sale, delivery, provision for pajmient and payment ofthe Bonds. SECTION 11. Separability. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shadl not affect any ofthe remaining provisions ofthis ordinance. SECTION 12. Repealer. To the extent that any ordinance, resolution, rule, order or provision of the Municipal Code of Chicago (the "Municipal Code"), or part thereof, is in conflict with the provisions of this ordinance, the provisions of this ordinance shall be controlling. No provision of the Municipal Code or violation of any provision of the Municipal Code shall be deemed to impair the validity of this ordinance or the instruments authorized by this ordinance, including the Bonds and the 2003 Indenture or to impair the rights ofthe owners ofthe Bonds to receive payment of the principal of, premium, if any, or interest on the Bonds or to impair the security for the Bonds; provided, that the foregoing shall not be deemed to affect the availability of any other remedy or penalty for any violation of any provision of the Municipal Code. SECTION 13. Effectiveness; Publication. Notwithstanding any other provision of Illinois law or the Municipal Code to the contrary, this ordinance and the appropriations made in it shall be in full force and effect immediately upon its adoption and approval by the Mayor. This section is included by the City in this ordinance in the exercise of its powers as a home rule unit of local govemment under Article 7, Section 6 ofthe Illinois Constitution and pursuant to Section 10 of the Local Govemment Debt Reform Act ofthe State oflllinois, as amended. This ordinance shall be published in special pamphlet form by the City Clerk, by causing to be printed at least twenty-five (25) copies ofthis ordinance, which copies shall be made available in the Office of the City Clerk for public inspection and distribution to members of the public who may wish to avail themselves of a copy of this ordinance. 12/17/2003 REPORTS OF COMMITTEES 14989 Exhibit "A" refened to in this ordinance reads as follows: Exhibit "A". Trust Indenture Betujeen City Of Chicago, Issuer And Trustee City Of Chicago, Rlinois Residual Revenue Capital Appreciation Bonds, Series 2003 Dated As Of 1, 2003. This trust indenture, made and entered into as of 1, 2003, by and between the City ofChicago, a duly constituted and existing municipality within the meaning ofSection 1 of Article VII ofthe 1970 Constitution ofthe State oflllinois, and a home rule unit under Section 6(a) of Article VII of the Constitution (the "Issuer"), and , a banking association duly organized and existing under the laws ofthe United States, with a corporate trust office located in Chicago, Illinois as trustee (the "Trustee"), Witnesseth: Whereas, The Issuer is a duly constituted and existing municipality within the meaning ofSection 1 of Article VII ofthe 1970 Constitution ofthe State oflllinois, and is a "home rule unit" under Section 6(a) of Article VII of the Constitution; and Whereas, The Issuer previously issued (i) its Twenty-three Million Five Hundred Fifty Thousand Dollars ($23,550,000) in original aggregate principal amount of 14990 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Collateralized Single-Family Mortgage Revenue Bonds, Series 1996-A (the "Series 1996-A Bonds") and (ii) fts Twenty-five MilUon DoUars ($25,000,000) in original aggregate principal amount of Collateralized Single-Family Mortgage Revenue Bonds, Series 1996-B (the "Series 1996-B Bonds", and, together with the Series 1996-A Bonds, the "1996 Bonds"); and Whereas, The 1996 Bonds were issued pursuant to a trust indenture dated as of January 1, 1996, between the Issuer and The First National Bank ofChicago (now known as Bank One T m s t Company, NA), ("Bank One"), as tmstee (the "1996 Tmstee") as such Trust Indenture was amended and supplemented by the First Supplemental t m s t indenture, dated as of J u n e 1, 1996, from the Issuer to the 1996 Trustee, as further amended and supplemented from time to time, that trust indenture, as so amended and supplemented, being refened to as the "1996 Indenture"; and Whereas, The Issuer previously issued (i) its Forty-two Million Four Hundred Five Thousand Dollars ($42,405,000) in original aggregate principal amount of Collateralized Single-Family Mortgage Revenue Bonds, Series 1997-A (the "Series 1997-A Bonds") and (ii) its Thirty Million Dollars ($30,000,000) in original aggregate principal amount of Collateralized Single-Family Mortgage Revenue Bonds, Series 1997-B (the "Series 1997-B Bonds", and, together with the Series 1997-A Bonds, the "Series 1997 Bonds"); and Whereas, The 1997 Bonds were issued pursuant to a trust indenture, dated as of April 1, 1997 (the "1997 Indenture"), between the Issuer and Bank One, as trustee (the "1997 Tmstee"); and Whereas, The Issuer previously issued (i) its Forty-two Million Ninety-five Thousand Dollars ($42,095,000) in original aggregate principal amount of its Collateralized Single-Family Mortgage Revenue Bonds, Series 1998A-1 (the "Series 1998A-1 Bonds"), (ii) fts Nine Mfllion Dollars ($9,000,000) in original aggregate principal amount ofits CoUateraUzed Single-Family Mortgage Revenue Bonds, Series ,1998A-2 (Taxable) (the "Series 1998A-2 Bonds", and, together with the Series 1998A-1 Bonds, the "Series 1998A Bonds"), (iii) its Thirty Million Dollars ($30,000,000) in original aggregate principal amount of its Collateralized SingleFamily Mortgage Revenue Bonds, Series 1998B (the "Series 1998B Bonds"), (iv) its Twenty-seven MilUon Eight Hundred Ninety-five Thousand DoUars ($27,895,000) in original aggregate principal amount of its Collateralized Single-Family Mortgage Revenue Bonds, Series 1998C-1 (the "Series 1998C-1 Bonds") and (v) its Stx Million Dollars ($6,000,000) in original aggregate principal amount of Collateralized SingleFamily Mortgage Revenue Bonds, Series 1998C-2 (Taxable) (the "Series 1998C-2 Bonds", and, togetherwith the Series 1998C-1 Bonds, the "Series 1998C Bonds", and, togetherwith the 1998A Bonds, the 1998B Bonds and the 1998C Bonds, the "1998 Bonds"); and 12/17/2003 REPORTS OF COMMITTEES 14991 Whereas, The 1998 Bonds were issued pursuant to a t m s t indenture, dated as of March 1, 1998, from the Issuer to Bank One, as tmstee (the "1998 Tmstee"), as amended and supplemented by the First Supplemental Indenture, dated as of September 1, 1998, from the City to the 1998 Tmstee, that trust indenture, as so amended and supplemented, being refened to as the "1998 Indenture"; and Whereas, The Issuer previously issued (i) its Forty-three Million Ten Thousand Dollars ($43,010,000) in original aggregate principal amount ofits Collateralized Single-Family Mortgage Revenue Bonds, Series 1999A (the "Series 1999A Bonds"), (ii) its Nineteen Miflion Five Hundred Thousand Dollars ($19,500,000) in original aggregate principal amount of its Collateralized Single-Family Mortgage Revenue Bonds, Series 1999B (the "Series 1999B Bonds") and (ifl) its Eighteen MilUon Two Hundred Ninety Thousand Dollars ($18,290,000) in original aggregate principal amount ofits Collateralized Single-Family Mortgage Revenue Bonds, Series 1999C (the "Series 1999C Bonds", and, together wfth the Series 1999A Bonds and the Series 1999B Bonds, the "1999 Bonds"); and Whereas, The 1999 Bonds were issued pursuant to a trust indenture, dated as of April 1, 1999, from the Issuer to Bank One, as trustee (the "1999 Tmstee"), as such t m s t indenture was amended and supplemented by the First Supplemental Indenture, dated as of September 1, 1999, from the Issuer to the 1999 Tmstee, that trust indenture, as so supplemented and amended, being refened to as the "1999 Indenture" and togetherwith the 1996 Indenture, the 1997 Indenture and the 1998 Indenture, being refened to in this indenture as the "Senior Indentures"; and Whereas, Each ofthe 1996 Bonds, the 1997 Bonds, the 1998 Bonds and the 1999 Bonds, respectively, were issued pursuant to the terms of the respective Senior Indentures, to obtain funds to finance the acquisition of mortgage-backed securities ("G.N.M.A. Securities") of the Govemment National Mortgage Association ("G.N.M.A."), mortgage pass-through securities ("F.H.L.M.C. Securities") issued by the Federal Home Loan Mortgage Corporation ("F.H.L.M.C") and mortgage passthrough securities ("F.N.M.A. Securities") issued by Fannie Mae ("F.N.M.A."), evidencing a guarantee by G.N.M.A., F.H.L.M.C. or F.N.M.A., as the case may be, of timely pajmient of monthly principal of and interest on certain qualified mortgage loans under programs operated by the Issuer to provide an adequate supply of residential housing for low- and moderate-income persons or families (the F.N.M.A. Securities, F.H.L.M.C. Securities and F.N.M.A. Securities being referenced to collectively in this indenture as the "Mortgage Certificates"); and Whereas, Each of the respective Senior Indentures provides that, subject to the terms ofthe respective senior indentures, any amounts remaining in any Fund or Account held under those respective Senior Indentures (other than the Rebate Funds established thereunder to the extent of the Rebate Amount (as defined in each Senior Indenture), including, without limitation, all cash and G.N.M.A. 14992 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Securities, F.H.L.M.C. Securities and F.N.M.A. Securities subject to the liens ofthe respective Senior Indentures, after payment in full ofthe principal of, premium, if any, and interest on the bonds secured by the respective Senior Indentures, and the fees due to the trustees thereunder, shall be paid to the Issuer, and applied to any proper public purpose; and Whereas, The Issuer has determined that it is necessary and desirable to provide funds for use by its Department of Housing (i) to provide grants, loans a n d / o r financial assistance for multi-family housing developments or single-family housing developments pursuant to programs ofthat Department (as in effect now or as ofthe date such grants or loans are to be made) and in accordance with all applicable restrictions for such grants, loans or other financial assistance as may then be in effect under applicable law, and (ii) to pay administrative costs in connection with such grants, loans and financial assistance as described in (i) above (collectively, the "Purposes"), and to finance part or all ofthe costs ofsuch Purposes by the issuance of residual revenue bonds secured by the amounts that the Issuer is entitled to receive under the respective Senior Indentures as described in the preceding paragraph; and / Whereas, The Issuer has authorized the issuance of the Bonds to fund its govemmental purposes; and Whereas, The Bonds are issued pursuant to the terms of, and are secured by a promise by the Issuer to transfer all ofits right, title and interest to the trust estates established under the Senior Indentures to the Tmstee under this indenture at such time as the Issuer is entitled to receive the residual value under each respective Senior Indenture; and Whereas, All things necessary to make the Bonds, when authenticated by the Trustee and issued as in this indenture provided, the valid, binding and legal obligations of the Issuer according to the import thereof, and to constitute this indenture a valid assignment and pledge of the amounts pledged to the pajmient of the Accreted Value of the Bonds and a valid assignment and pledge of the rights of the Issuer in the Trust Estate and to authorize the execution and delivery of this indenture, and the execution and issuance of the Bonds, subject to the terms thereof, have in all respects been duly authorized; and Whereas, The City has been notified by Bank One that it expects to sell its corporate trust business to J. P. Morgan Chase 86 Co., such that, effective on the closing date of the sale, J. P. Morgan Trust Company, National Association shall become the successor trustee under each ofthe Prior Indentures, and all references 12/17/2003 REPORTS OF COMMITTEES 14993 to the 1996 Tmstee, the 1997 Tmstee, the 1998 Tmstee and the 1999 Tmstee in this t m s t indenture on and after the effective date of that succession shall be deemed to be J. P. Morgan Trust Company, National Association, in its role as successor trustee; Now, Therefore, This Indenture Witnesseth: Granting Clauses. The Issuer, in consideration of the premises and the acceptance by the Trustee of the t m s t s hereby created and of the purchase and acceptance of the Bonds by the Registered Owners thereof, and of the sum of One and n o / 1 0 0 Dollars ($1.00), lawful money of the United States of America, to it duly paid by the Trustee at or before the execution and delivery of these presents, and for other good and valuable consideration, the receipt ofwhich is hereby acknowledged, in order to secure the pajmient of the Accreted Value of the Bonds according to their tenor and effect and to secure the performance and observance by the Issuer of all the covenants expressed or implied herein and in the Bonds, does hereby, subject in all cases to the prior satisfaction of the Issuer's existing liens granted under the terms of the respective Senior Indentures, grant, bargain, sell, convey, mortgage, assign and pledge unto, and grant a security interest to, the Trustee and its successors in trust and assigns hereunder forever, for the securing ofthe performance ofthe obligations of the Issuer hereinafter set forth, in the following property (said property being herein refened to as the "Tmst Estate"): Granting Clause First. Subject to the prior liens of the Senior Indentures as hereaifter provided in these granting clauses, all right, title and interest ofthe Issuer to amounts held under each respective Senior Indenture after the satisfaction and discharge of all obligations secured by such Senior Indentures, in and to the Mortgage Certificates, including all extensions and renewals of any of the terms thereof, if any, and including all of the Issuer's right, title and interest in any and all servicing agreements between the Issuer and servicers ofthe Mortgage Loans, including but without limiting the generality ofthe foregoing, the present and continuing right to make claim for, collect, receive and receipt for any income, revenues, issues, profits and guarantees and other sums of money payable to or receivable by the Issuer under or with respect to the Mortgage Certificates, to bring actions and proceedings 14994 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 under the Mortgage Certificates, or for the enforcement thereof, and to do amy amd all things which the Issuer is or may become entitled to do under the Mortgage Certificates; Granting Clause Second. Subject to the prior liens of the Senior Indentures as hereafter provided in these granting clauses, all monies and securities or other investments held by the Senior Tmstees at the time that such amounts otherwise are to be paid to the Issuer under and subject to the terms of the Senior Indentures (excluding monies held by the Senior Trustees which remain subject to the terms of any respective Senior Indenture, including amounts held in any rebate fund established by the respective Senior Indentures for the payment of any rebate obligations established under the Senior Indenture) and any and all other real or personal property of every name and nature from time to time by delivery or by writing ofany kind conveyed, mortgaged, pledged, assigned or transfened as and for additional security under the Senior Indentures by the Issuer, or by anyone in its behalf or with its written consent, to the Trustee; Granting Clause Third. All monies and securities or other investments in any fund herein created (except the Program Fund, the Costs of Issuance Fund) and all monies and securities and any and all other real or personal property and any and all other rights of every name and nature from time to time hereafter by delivery or by writing of any kind pledged, assigned or transfened as and for additional security hereunder to the Trustee by the Issuer or by anyone in its behalf, or wdth its written consent and to hold and apply the same, subject to the terms hereof; and Granting Clause Fourth. All right, title and interest ofthe Issuer to the Revenues; To Have And To Hold all and singular the Trust Estate whether now owned or hereafter acquired, unto the Trustee and its respective successors in trust and assigns forever; 12/17/2003 REPORTS OF COMMITTEES 14995 In Trust Nevertheless, Upon the terms and trusts herein set forth for the equal and proportionate benefit, security and protection of all present and future Registered Owners ofthe Bonds issued under and secured by this Indenture without privilege, priority or distinction as to the lien or otherwise of any of the Bonds over any other ofthe Bonds; Provided, However, That ifthe Issuer, its successors or assigns shall well and truly pay, or cause to be paid, the Accreted Value of the Bonds due or to become due thereon, at the times and in the manner mentioned in the Bonds according to the t m e intent and meaning thereof, and shall cause the payments to be made as required under Article IX hereof, or shall provide, as permitted hereby, for the payment thereof by depositing with the Trustee the entire amount due or to become due thereon, and shall well and truly keep, perform and observe all the covenants and conditions pursuant to the terms of this indenture to be kept, performed and observed by it, and shall pay or cause to be paid to the Trustee all sums of money due or to become due in accordance with the terms and provisions hereof; then upon such final payments this indenture and the rights hereby granted shall cease, determine and be void; otherwise this indenture to be and remain in full force and effect; And Provided Further, That nothing in the foregoing granting clauses shall preclude the Issuer and the Trustee from receiving distributions out of the receipts amd revenues under this Indenture to the extent expressly provided for herein; And Provided Further, That notwithstanding anjdhing else to the contrary in this Indenture, the lien hereof with respect to the residual assets identified by Granting Clauses First, Second and Third hereof which are granted as a part of the "Trust Estates" established by the respective Senior Indentures (collectively, the "Senior Trust Estate") shall only be deemed to attach at such time as all obligations under the respective Senior Indentures shall be satisfied and discharged, and the liens created hereby are to be at all times subject to the right of payment to the liens of the respective Senior Indentures providing for prior pajmient of the bonds secured by the respective Senior Indentures, and any other costs associated therewith, including, without limitation, any fees and expenses ofthe Senior Trustees, and the Trustee. In Connection With the foregoing conditional transfer, pledge and assignment, the Issuer does hereby agree that it will execute all instruments of assignment and transfer as may be necessary or appropriate, or as may be requested from time to time by the Trustee, to effectuate or perfect the pledge, transfer and assignment of the Trust Estate contemplated hereby ensure that pajmients made under the Mortgage Certificate be made to, including, without limitation, the Mortgage Certificates, and to the Trustee at the appropriate time. 14996 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 This Indenture Further Witnesseth, And it is expressly declared, that all Bonds issued and secured hereunder are to be issued, authenticated and delivered, and all said property, rights and interests, including, without limitation, the amounts hereby assigned and pledged, are to be dealt with and disposed of, under, upon and subject to the terms, conditions, stipulations, covenants, agreements, t m s t s , uses and purposes hereinafter expressed, and the Issuer has agreed and covenanted, and does hereby, agree and covenant, with the Trustee and with the respective Registered Owners from time to time ofthe Bonds, or any part thereof, as follows: Article I. Definitions. Section 1.01 Definitions. following meanings: The following words and phrases shall have the "Accreted Value" ofany Bonds means, as ofany date, the outstanding principal balance thereof and all accrued and unpaid interest thereon as computed in accordance with Section 2.02 ofthis indenture. "Available Monies" means monies deposited in any ofthe funds derived from the Mortgage Certificates, or application ofany other monies which, in the opinion of counsel experienced in the application of bankruptcy laws, would not constitute a preference subject to recovery pursuant to Sections 362(a) and 547(b) of the Bankruptcy Code. "Bankruptcy Code" means the Bankruptcy Code ofthe United States of America (11 U.S.C §§ 101, et seq.), as amended. "Bond Counsel" means the firm of nationally recognized attomeys at law selected by the Issuer and experienced in legal representation relating to financings through the issuance of tax-exempt bonds. "Bond Delivery Date" means date ofthe initial authentication and delivery ofthe bonds and the sale and purchase thereof in accordance with the purchase contract. "Bond Depository" means D.T.C. "Bond Depository Agreement" means the Blanket Issuer Letter of Representations executed by the Issuer and received and accepted by the Bond Depository. 12/17/2003 REPORTS OF COMMITTEES 14997 "Bond Fund" means the fund by that name created pursuant to Section 4.02 hereof. "Bond Obligation" means the aggregate Accreted Value of the Bonds Outstanding. "Bond Register" means the books for registration of the ownership of the bonds established and maintained by the bond registrar pursuant to Section 2.10 hereof. "Bond Registrar" means the trustee acting in the capacity of Bond Registrar or, in lieu of the trustee, any person appointed by the trustee to maintain a Bond Register. "Bond Year" means the annual period beginning on ' 1 of each year and ending on 31 of each succeeding year; provided that the first (1^') Bond Year shall begin on the date that the Bonds are delivered to the original purchasers thereof pursuant to Section 2.07 hereof. "Bonds" means the City of Chicago, Illinois Residual Revenue Capital Appreciation Bonds, Series 2003 issued under this indenture. "Business Day" means any day which is not (i) a Saturday, Sunday, legal holiday or day on which the banking institutions in the state in which is located the corporate trust office ofthe trustee, are authorized or obligated by law or executive order to be closed or (ii) a day on which the New York Stock Exchange is closed. "Clearing Agency" means an organization which is a "clearing corporation" as defined by the Uniform Commercial Code applicable to such corporation, and is registered as a "clearing agency" pursuant to Section 17A of the Securities Exchange Act of 1934, as amended. "Clearing Agency Participant" means a broker, dealer, bank, other financial institution or any other person for whom from time to time a Clearing Agency effects book-entry transfers and pledges of securities deposited with the Clearing Agency. "Code" means the Intemal Revenue Code of 1986, as amended, and the relevant applicable regulations of the United States Department of the Treasury thereunder, and any successor provisions to those provisions and regulations and any applicable regulations issued pursuant to the Internal Revenue Code of 1954, as amended. "Compounding Date" means the first (P') day of each April and October, commencing April 1, 2004. 14998 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 "Continuing Disclosure Agreement" means the continuing disclosure agreement dated as of the date hereof between the Issuer and the trustee, as originally executed and as it may be amended from time to time in accordance with the terms thereof "Costs of Issuance" means the items of expense payable or reimbursable directly or indirectly by the Issuer and related to the authorization, sale and issuance of Bonds, which items of expense shall include but shall not be limited to, travel expenses, printing costs, costs of reproducing documents, filing and recording fees, initial fees, charges and expenses (including counsel's fees and expenses) of the tmstee, legal fees and charges (including Bond Counsel, counsel to the Issuer, and counsel to the underwriter), underwriting fees and expenses, professional consultants' fees, computer charges, costs of credit ratings, fees and charges for execution of Bonds and other costs, charges and fees in connection with the foregoing and the investment of Bond proceeds. "Costs of Issuance Fund" means the fund by that name created p u r s u a n t to Section 4.02 hereof. "D.T.C." means The Depository Trust Company, New York, New York, and its successors and assigns. "Default" and "Event of Default" mean any occunence or event specified in Section 7.01 hereof. "General Fund" means the fund by that name created pursuant to Section 4.02 hereof. "Govemment ObUgations" means direct non-callable obligations of the United States of America or non-callable obligations, the principal of and interest on which are guaranteed by the United States of America. "Indenture" means this t m s t indenture and all amendments or supplements thereto. "Initial Principal Amount" means, with respect to the Bonds for each Five Thousand Doflars ($5,000) of Maturity Value, $ . "Initial Release Date" means, with respect to each of the Senior Indentures, the first (P') date on which the claims of such Senior Indenture have been satisfied and disclosed, and the residual property held pursuant to each such Senior Indenture have been transfened to the tmstee. 12/17/2003 REPORTS OF COMMITTEES 14999 "Maturity Value" means the final Accreted Value of each Bond payable at maturity in the amount of Five Thousand Dollars ($5,000) for each Initial Principal Amount represented by such Bond. "Moody's" means Moody's Investors Services, Inc. "Mortgage Loan" means the mortgage loans backing the Mortgage Certificate. "Non-mortgage Investments" means all of the monies and securities and other investments comprising the trust estate as granted by Granting Clause Third. "Notice Address" means: (i) As To The Issuer: City of Chicago 33 North LaSalle Street, Suite 600 Chicago, Illinois 60602 Attention: City Comptroller (ii) As To The Tmstee: "Outstanding" or "Bonds Outstanding" means all Bonds which have been authenticated and delivered by the trustee under this Indenture, except: (i) Bonds canceled after purchase in the open market or because of payment at or redemption prior to maturity; (ii) Bonds deemed to have been paid as provided in Article IX hereof; and 15000 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (iii) Bonds in lieu of which other Bonds have been authenticated under Section 2.10 hereof. "Pajdng Agent" means the trustee acting in its capacity as pajdng agent for the Issuer hereunder. "Permitted Investments" means any of the following which at the time are legal investments for trustees of funds of any public bodies corporate under the laws of the State for monies held hereunder which are then proposed to be invested therein: (i) obligations of, or obligations guaranteed as to full and timely pajmient of principal and interest by, the United States or any agency or. instrumentality thereof when such obligations are backed by the full faith and credit ofthe United States, (ii) consolidated debt obligations of Federal Home Loan Banks, Federal Farm Credit System Obligations and Federal Home Loan Mortgage Corporation debentures, (iii) obligations of government-sponsored agencies that are backed by the full faith and credit of the United States (excluding interest only stripped mortgage securities, principal only stripped mortgage securities which are valued greater than par on the portion of unpaid principal, and securities that do not have a fixed par value a n d / o r whose terms do not promise a fixed dollar amount at maturity or call date), (iv) federal funds, unsecured certificates of deposit, time deposits, and bankers' acceptances (having maturities of not more than three hundred sixty-five (365) days) of any bank the short-term obligations of which have been rated A-1+ by S86P (including the trustee, so long as the short-term obligations thereof have been so rated), (v) deposits that are fully insured by the Federal Deposit Insurance Corporation (including those of the trustee), (vi) debt obligations rated the rating on Bonds or higher (excluding securities that do not have a fixed par value a n d / o r those whose terms do not promise a fixed dollar amount at maturity or call date), (vii) commercial paper having an original maturity lof Inotl more Ithan three hundred sixty-five (365) days rated by S86P "A-1+", or money market accounts rated by S86P "AAAm-G", (viii) repurchase agreements ofa term no longer than three hundred sixty-five (365) days with any institution with debt rated "AAA" by S86P or commercial paper rated "A-1" + by S86P; and (tx) any pooled or common trust fund of the trustee or money market fund (including those of the tmstee, and including any proprietary mutual fund of the trustee for which the tmstee or an affiliate of the trustee serves as investment advisor or provides other services to such mutual fund and receives reasonable compensation therefor) containing, or repurchase agreement backed by, only those permitted investments listed in clauses (i), (ii) and (iii) hereof rated by S86P "AAAm" or "AAAm-G"; provided that all permitted investments shall have 12/17/2003 REPORTS OF COMMITTEES 15001 a predetermined fixed dollar amount of principal due at maturity which cannot vary or change, if rated shall not have an "r" highlighter, and if the interest rate thereon is not fixed shall bear interest at a rate tied to a single rate index plus a single fixed spread (if any) and move proportionally with that index. "Program Expenses" means "Program Fund" means Section 4.02 hereof the fund by that name established . pursuant to "Purchase Contract" means the Bond Purchase Contract between the Issuer and the underwriter relating to the sale and purchase ofthe Bonds. "Redemption Date" means April 1 or October 1 of each year, on which dates the Bonds shall be subject to mandatory redemption from funds available therefor pursuant to 3.01(b) hereof "Redemption Fund" means the fund by that name established pursuant to Section 4.02 hereof "Registered Owner" or "Owner" means the person in whose name a Bond is registered as shown on the Bond Register. "Residual Property" means that property of the t m s t estate described by Granting Clauses First, Second and Third. "Revenues" means (i) all amounts transfened or required to be transfened to the City pursuant to the Senior Indentures after the satisfaction and discharge of all obligations of the Issuer under each respective Senior Indenture; (ii) all interest received on or profits derived from investing money held in the funds and accounts created under the Indenture (other than the Costs of Issuance Fund, the Program Fund); and (iii) any other income, revenue or receipts of the Issuer which are defined by a supplemental indenture as revenues and pledged to the tmstee as part ofthe t m s t estate pursuant to a supplemental indenture; provided, however, that "Revenues" shall not include the Program Fund, or the Costs of Issuance Fund. "S86P" means Standard 86 Poor's Ratings Services, a division of The McGraw-Hill Companies, Inc., and its successors. "State" means the State oflllinois. 15002 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 "Trust Estate" means the property, rights, monies, securities and other collateral pledged and assigned to the trustee pursuant to the Granting Clauses hereof. "Trustee" means . "Trustee's Fee" means the fee payable to the Trustee for its expected and normal services and expenses hereunder (and under the agreements) as Trustee, Bond Registrar and Paying Agent and for its services as Dissemination Agent under the Continuing Disclosure Agreement, payable in full on the Bond Delivery Date as provided by Sections 4.05(b) and 6.04 hereof "Underwriter" means George K. Baum 85 Company. "Verification Certificate" means an opinion signed by an independent firm of recognized expertise selected by the Issuer and acceptable to the Tnastee verifying appended cash flows as to the sufficiency of funds to pay debt service and all other obligations of the Issuer under this Indenture. Unless otherwise defined herein, all words and phrases defined in Article I of the Senior Indentures and the agreements shall have the same meanings in this Indenture. Section 1.02 Rules Of Constmction. For adl purposes of this Indenture, except as otherwise expressly provided or unless the context shall otherwise require: (i) The words "hereof, "herein", "hereunder", "hereto" and other words of simflar import refer to this Indenture as a whole. (ii) References to articles, sections and other subdivisions ofthis agreement are to the designated articles, sections and other subdivisions of this Indenture as originally executed. (iii) The captions of this Indenture are for convenience only and shall not define or limit the provisions hereof. (iv) The term "person" when used herein shall mean any individual, corporation, limited liability company, partnership, association, joint stock company, trust, unincorporated organization, or joint venture, court, govemment or political subdivision or agency thereof. 12/17/2003 REPORTS OF COMMITTEES 15003 Article IL The Bonds. Section 2.01 Authorization And Purposes Of Bonds. This Indenture creates an issue of bonds of the Issuer, to be designated as "City ofChicago, Illinois Residual Revenue Capital Appreciation Bonds, Series 2003", and creates a continuing assignment, pledge and lien to secure the full and final payment ofthe Accreted Value ofall the Bonds from the Trust Estate, all subject to the terms and conditions established by this Indenture. The aggregate principal amount ofthe Bonds which may be issued, executed, authenticated and delivered under this Indenture (other than Bonds authenticated and delivered in exchange of or in lieu of other Bonds as provided herein) is $ and that amount may not be increased by any indenture supplemental to this Indenture. Section 2.02 Issuance And Terms Of Bonds; Limited Obligations. The Bonds shall be issued as fully registered bonds, without coupons, in principal denominations of Five Thousand Dollars ($5,000) Maturity Value and any integral multiple thereof The Bonds shall be numbered "R-l" and consecutively upward. The Bonds shall mature on the dates in the respective Maturity Values, as follows: Maturity Date October 1, 2031 Maturity Value $ Approximate Accretion Rate % The Bonds shall bear interest (calculated on the basis of a three hundred sixty (360) day year composed of twelve (12) months of thirty (30) days each) from the Bond Delivery Date until the Accreted Value is paid or duly provided for, at the approximate accretion rate set forth above compounded semiannually on each Compounding Date, and shall be payable as hereinafter provided. Except for the initial period, the Initial Principal Amount and the Accreted Value as of each Compounding Date of a Bond having a Maturity Vadue of Five Thousand Dollars ($5,000) is as stated in (Sub)Exhibit B hereto. The Accreted Value as ofany other date of a Bond having a Maturity Value of Five Thousand Dollars ($5,000) shall be determined by straight line interpolation between the Accreted Value for the Bond Delivery Date or Compounding Date, as the case may be, immediately 15004 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 preceding and the Accreted Value for the Compounding Date immediately succeeding the date of calculation, assuming each year consists of twelve (12) thirty (30) day months. With respect to the stated maturity date ofthe Bond, the Accreted Value is the Maturity Value of each Bond. The Bonds are not general obligations of the Issuer but are limited obligations of the Issuer payable solely from the Trust Estate and shall be a valid claim of the respective Registered Owners thereof against said Trust Estate. The Bonds do not constitute a liability or obligation, either direct or indirect, of the Issuer, the State oflllinois or any political subdivision or agency thereof (other than the Issuer as set forth herein) and are not a pledge ofthe faith and credit ofthe Issuer, the State of Illinois or any political subdivision thereof within the meaning of any State constitutional or statutory provisions or limitations. Section 2.03 Forms Of The Bonds. The Bonds shall be issued substantially in the form set forth as (Sub)Exhibit A attached hereto in printed or typewritten form with such variations, omissions and insertions as are permitted or required by this Indenture. At the Issuer's discretion, CU.S.I.P. numbers may be printed on the Bonds. Section 2.04 Execution Of The Bonds. The Bonds shall be executed on behalf of the Issuer with the manual or facsimile signature of its Mayor, attested by the manual or facsimile signature of the City Clerk, and shall have impressed or imprinted thereon the official seal of the Issuer or a facsimile thereof In case any officer of the Issuer whose signature or whose facsimile signature shall appear on the Bonds shall cease to be such officer before the deUvery ofsuch Bonds, such signature or facsimile signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. Section 2.05 Authentication Of Bonds. No Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Indenture unless and until a certificate of authentication on such Bond substantially in the form set forth in (Sub)Exhibit A attached hereto shall have been duly executed by the Trustee; and such executed certificate of the Tmstee upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Indenture. The Trustee's certificate of authentication on any Bond shall be deemed to have been executed by it if signed 12/17/2003 REPORTS OF COMMITTEES 15005 by an authorized officer or signatory. It shall not be necessary that the same officer or signatory sign the certificate of authentication on all of the Bonds issued hereunder. Section 2.06 Temporary Bonds. Until the definitive Bonds are prepared, the Issuer may execute, in the same manner as is provided in Section 2.04 hereof, and, upon the request ofthe Issuer, the Trustee shall authenticate and deliver, in lieu of definitive Bonds, but subject to the same provisions, limitations and conditions as the definitive Bonds, one (1) or more temporary Bonds substantially of the tenor of the definitive Bonds in lieu of which such temporary Bond or Bonds are issued in such denominations as are authorized by the Issuer pursuant to the terms hereof and with such omissions, insertions and variations as may be appropriate to temporary Bonds. The Issuer at its own expense shall prepare and execute and, upon the s u n e n d e r of such temporary Bonds for exchange and the cancellation of such sunendered temporary Bonds, the Trustee shall authenticate and, without charge to the Registered Owner thereof, deliver in exchange therefor, definitive Bonds of the same series and maturity and the same aggregate Accreted Value as the temporary Bonds sunendered. Until so exchanged, the temporary Bonds shall in all respects be entitled to the same benefits and security as definitive Bonds authenticated and issued pursuant to this Indenture. Ifthe Issuer shall authorize the issuance of temporary Bonds in more than one (1) denomination, the Registered Owner of any temporary Bond or Bonds may, at his option, s u n e n d e r the same to the Trustee in exchange for another temporary Bond or Bonds ofany other authorized denomination or denominations, and thereupon the Issuer shall execute and the Tmstee shall authenticate and, upon payment by the Registered Owner of any applicable taxes, fees and charges, shall deliver a temporary Bond or Bonds of the same series and maturity and the same Accreted Value in such other authorized denomination or denominations as shall be requested by the Registered Owner of such Bond. All temporary Bonds sunendered in exchange either for another temporary Bond or Bonds or for a definitive Bond or Bonds shall be cancelled forthwith by the Tmstee. Section 2.07 Delivery Of Bonds. Upon the execution and delivery ofthis Indenture, the Trustee shall deliver the Bonds, executed on behalf of the Issuer and authenticated on behalf of the Tmstee, as directed by the Issuer upon receipt by the Trustee of the following: 15006 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (i) a copy, duly certified by the City Clerk, ofthe ordinance adopted by the Issuer authorizing the issuance of the Bonds and the execution and delivery of the Purchase Contract and this Indenture; (ii) an originad executed counterpart of this Indenture; (iii) a request and authorization to the Trustee on behalf of the Issuer and signed by its City Comptroller to authenticate and deliver the Bonds to the purchaser(s) identified therein upon payment to the Trustee, for the account of the Issuer, of a sum specified in such request and authorization; (iv) an opinion of Bond Counsel to the effect that the Bonds constitute legal, valid and binding obligations of the Issuer enforceable in accordance with their terms (subject to any applicable bankruptcy, reorganization, insolvency, moratorium or similar state or federal laws relating to or affecting the enforcement of creditors' rights now or hereafter in effect and, to the extent that certain remedies under the Bonds require, or may require, enforcement by a court of equity, subject to such principles of equity as the court having jurisdiction may impose); and (v) " evidence that the Bonds have been rated " " by Moody's. " by S86P and Section 2.08 Application Of Bond Proceeds. The proceeds of the Bonds upon the issuance and delivery thereof shall be deposited by the Trustee as directed in Section 4.03 ofthis Indenture. Section 2.09 Appointment Of Pajdng Agent. The Trustee is hereby appointed as Pajdng Agent for the Bonds and in such capacity shall hold all amounts designated for the payment of the Accreted Value of the Bonds in trust for the benefit of the Registered Owners entitled thereto. The Accreted Vadue of the Bonds shall be payable in such money of the United States of America as is lawful at the time of payment upon presentation of such Bonds at the corporate trust office ofthe Tmstee (initially in Baltimore, Maryland) as the same shall become due and payable. Notwithstanding the foregoing, for the Bond Depository, the Trustee shall make pajmient by wire transfer in immediately avaflable federal funds without the necessity of any immediate presentation and s u n e n d e r of Bonds. 12/17/2003 REPORTS OF COMMITTEES 15007 Section 2.10 Appointment Of Bond Registrar; Registration Of Bonds. The Tmstee is hereby appointed the Bond Registrar of the Issuer with respect to the Bonds and in such capacity the Tmstee shall cause the Bond Register to be kept for the registration of the Bonds and shall record thereon any change of address given to the Trustee by the Registered Owner ofany Bond. At reasonable times and under reasonable regulations established by the Trustee, said list may be inspected and copied by the Issuer or the Registered Owners (or a designated representative thereof) of fifteen percent (15%) or more ofthe Bond Obligation. The Registered Owner of any Bond may present a Bond to the Trustee for exchange or transfer. Upon s u n e n d e r for exchange or transfer of any Bond at the corporate t m s t office ofthe Tmstee (initially in Baltimore, Maryland), the Trustee shall authenticate and deliver in the name ofthe Registered Owner or the transferee or transferees, as the case may be, a new Bond or Bonds of authorized denominations of the same series and maturity for the same Accreted Value as the Bond so sunendered. Any Bond presented for transfer, exchange, registration, redemption or pajmient (if so required by the Tmstee) shall be accompanied by a written instrument or instmments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the Trustee, duly executed by the Registered Owner thereof or by his duly authorized attomey. In all cases in which Bonds shall be exchanged or transferred hereunder, the Issuer or the Trustee may make a charge for every such exchange or transfer sufficient to reimburse it for any tax, fee or other govemmental charge required to be paid with respect to such exchange or transfer, and in addition the Issuer and the Trustee may charge a sum sufficient to reimburse them for expenses i n c u n e d in connection with such exchange or transfer. The Issuer and the Trustee shall not be required to register, transfer or exchange any Bonds selected for redemption in whole or in part. New Bonds delivered upon any transfer or exchange in accordance with the terms hereof shall be valid obligations of the Issuer, evidencing the same debt as the Bonds sunendered, shall be secured by this Indenture and shall be entitled to all of the security and benefits hereof to the same extent as the Bonds sunendered. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes and pajmient of or on account of the Accreted Value of any such Bond shall be made only to the Registered Owner thereof or his registered assigns and neither the Issuer nor the Tmstee shall be affected by any notice to the contrary. All such pajmients shall be 15008 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums to be paid. Section 2.11 Mutilated, Lost, Stolen Or Destroyed Bonds. In the event any Bond is mutilated, lost, stolen or destroyed, the Issuer may execute and the Tmstee may authenticate a new Bond of like date, series, maturity, denomination and interest rate as such mutilated, lost, stolen or destroyed Borid; provided that, in the case ofany mutilated Bond, such mutilated Bond shall first be sunendered to the Issuer, and, in the case of any lost, stolen or destroyed Bond, there shall be first fumished to the Trustee evidence of such loss, theft or destruction satisfactory to the Trustee, and in each case, there shall be furnished to the Trustee any indemnity required by the Trustee and satisfactory to it. In the event any such Bond shall have matured or been called for redemption, instead of issuing a duplicate Bond, the Issuer may pay the same without s u n e n d e r thereof The Issuer and the Trustee may charge the Registered Owner of such Bond their reasonable fees and expenses in connection with replacing any Bond or Bonds mutilated, lost, stolen or destroyed. Section 2.12 Cancellation And Destruction Of Bonds. Whenever any Bond shall be delivered to the Trustee for cancellation pursuant to this Indenture upon payment in full thereof at maturity or upon redemption, or for replacement pursuant to Section 2.11 hereof, such Bond shall be cancelled and destroyed by the Tmstee and a certificate of destruction describing the Bond so destroyed evidencing such destruction shall be fumished by the Trustee to the Issuer. Section 2.13 Book-Entry System. (a) The Bonds shall be registered in the name of Cede 86 Co. ("Cede"), as nominee for D.T.C, except as provided in subsection (c) of this section. The Issuer has executed and delivered to D.T.C. the Bond Depository Agreement. (b) With respect to Bonds registered in the Bond Register hereof in the name of Cede or any successor Clearing Agency, or a nominee therefor, the Issuer and the Trustee shall have no responsibility or obligation to any Clearing Agency Participant or to any person on behalf of whom such Clearing Agency Participant holds an interest in Bonds. The Issuer and the Trustee may treat and consider the Registered Owner of any Bond as the holder and absolute owner of such Bond for the purpose of payment of the Accreted Value with respect to such Bond, for the 12/17/2003 REPORTS O F COMMITTEES 15009 purpose of registering transfers and exchanges with respect to such Bond, and for all other purposes whatsoever. The Tmstee shall pay all the Accreted Value of the Bonds only to or upon the order of the respective Registered Owners of the Bonds and all such payments shall be valid and effective with respect to such pajmients to the extent ofthe sum or sums so paid. The Issuer and the Trustee shall have no responsibility or obligation with respect to (i) the accuracy ofthe records of D.T.C, any successor Clearing Agency or any Clearing Agency Participant with respect to any ownership interest in Bonds, (ii) the delivery to any Clearing Agency Participant or any other person, other than a Registered Owner of a Bond as shown in the Bond Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the pajmient to any Clearing Agency Participant or any other person, other than a Registered Owner ofa Bond, ofany amount with respect to any Bond. The rights of Clearing Agency Participants and persons on behalf of whom any Clearing Agency Participant holds a beneficial interest in Bonds shall be limited to those established by law and agreements between such Clearing Agency Participants and other persons and the applicable Clearing Agency. (c) In the event that either (1) D.T.C. or any successor Clearing Agency that is, directly or through a nominee, the Registered Owner ofall ofthe Outstamding Bonds notifies the Trustee and the Issuer that it is no longer willing or able to discharge its responsibilities as a Clearing Agency for the Bonds or (ii) the Issuer determines that continuance ofthe existing book-entry system for ownership of interests in the Bonds is not in the best interest ofsuch owners of beneficial interest in the Bonds, then the Issuer shall direct D.T.C. or such successor Clearing Agency to terminate the existing book-entry system for ownership oflnterest in the Bonds and promptly notify the Tmstee of such direction. Upon such termination, the Issuer shall promptly select a substitute Clearing Agency (and shall notify the Trustee in writing ofsuch selection) to provide a system of book-entry ownership of beneficial interests in the Bonds, ifone (1) is available satisfactory to the Issuer, and the ownership of all Bonds shall be transferred on the Bond Register to such successor Clearing Agency, or its nominee. In the altemative, the Issuer may direct the Trustee to, and if the Issuer fails to promptly designate a successor Clearing Agency the Tmstee, without further direction, shall, notify the Clearing Agency Participants, through D.T.C. or its successor Clearing Agency for the Bonds, ofthe availability of Bonds registered in the names of such persons as are owners of beneficial interests in the Bonds and, upon s u n e n d e r to the Trustee ofthe Outstanding Bonds held by D.T.C. or such successor Clearing Agency, accompanied by registration instmctions from D.T.C. or such successor Clearing Agency, the Trustee shadl, at the expense ofthe transferees, cause to be printed and authenticated Bonds in such denominations as are permitted by Section 2.02, and shall deliver the same to the owners of beneficial interests in the Bonds as of the date of the termination of the existing book-entry ownership system for the Bonds. Neither the Issuer nor the Trustee shall be liable for any delay in delivery ofsuch instructions, and the Issuer and the Trustee may conclusively rely on, and shall be protected in relying upon, such 15010 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 instmctions. So long as the Issuer has designated a Clearing Agency to provide a system of book-entry ownership ofthe Bonds, all ofthe Bonds must be held under such book-entry system. (d) Notwithstanding any other provisions in this Article II, the Issuer and the Trustee may, but shall not be required to, enter into separate agreements with one (1) or more Clearing Agencies which may provide for altemative or additional procedures with respect to the delivery of notices, pajmient of interest a n d / o r principal, or any other matters. Article III Redemption Of Bonds. Section 3.01 Redemption Of Bonds. (a) Optional Redemption. The Bonds are subject to redemption at the option of the Issuer exercised by delivering notice thereof to the Tmstee at least thirty (30) days (or such lesser number of days as the Trustee in its sole discretion shall permit) prior to the date of redemption in whole or in part at any time on or after 1, 2013 from monies made available for such purpose pursuant to Sections 4.06(ii) hereof deposited in the Redemption Fund), provided that the redemption price shadl be paid only from Available Monies, at the respective redemption price (expressed as a percentage of Accreted Value at the redemption date) set forth in the table below: Redemption Price Redemption Period (both dates inclusive) 1, 2013 through 31,2014 102% 1, 2014 through 31,2015 101% 1, 2015 and thereafter 100% (b) Mandatory Redemption From Redemption Fund. The Bonds are subject to mandatory redemption at a price equal to one hundred percent (100%) of the Accreted Value of the Bonds to be redeemed on each Redemption Date in whole or in part from monies in the Redemption Fund pursuant to Section 4.06(1) hereof. 12/17/2003 REPORTS OF COMMITTEES 15011 Section 3.02 Partial Redemption Of Bonds. If the Bonds are to be redeemed in part, portions of any Bonds to be redeemed shall be in denominations of Five Thousand Dollar ($5,000) Maturity Value or any integral multiple thereof, and (i) in selecting Bonds for redemption, the Trustee shall assign to each Outstanding Bond of greater than Five Thousand Dollar ($5,000) Maturity Value a distinctive number for each Five Thousand Dollar ($5,000) Maturity Value so as to distinguish each such portion from each other portion ofthe Bonds subject to such redemption, and (ii) the Bonds or portions thereof to be redeemed shall be selected by the Trustee by lot, using such method of selection as it shall deem proper in its sole discretion, from the numbers of, and the numbers assigned to, such Bonds. Upon s u n e n d e r of any Bond for redemption in part only, the Trustee shall authenticate and deliver to the owner thereof, a new Bond in aggregate Accreted Value equal to the unredeemed portion of the Bond sunendered. Section 3.03 Notice Of Redemption. (a) When redemption of Bonds is required by this Indenture, the Trustee shall give notice, in the name of the Issuer, of the redemption of such Bonds to the Owners thereof, which notice shall specify the following: (i) the CU.S.I.P. number, ifany, of the Bonds to be redeemed, provided that any such notice shall state that no representation is made as to the conectness of such number either as printed on the Bonds or as contained in any notice of redemption, (ii) the date ofsuch notice, (iii) the date of issuance of the Bonds, (iv) the redemption date, (v) the place or places where amounts due upon such redemption will be payable, (vi) if less than all ofthe Bonds are to be redeemed, the letters and numbers or other distinguishing marks ofsuch Bonds so to be redeemed, and (vii) that on the redemption date there shall become due and payable upon each Bond to be redeemed the Accreted Value thereof to such redemption date, and that from and after the redemption date interest thereon shall cease to accrue and be payable. (b) The Trustee shall deliver notice of a redemption by first class mail, at least fifteen (15) but no more than thirty (30) days before such redemption date, to the Owners of any Bonds, all or a portion of which are to be redeemed, at the last address, if any, appearing upon the Bond Register. Failure to give such notice by mail to any Owner, or any defect therein, shall not affect the validity of any proceedings for the redemption of other Bonds. In the event that the Bonds are not registered in the nominee name of D.T.C, the Trustee also shall mail a copy of such notice by first class, registered or certified mail or ovemight deUvery service for receipt not less than fifteen (15) days before 15012 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 such redemption date to the following: The Depository Trust Company, 711 Stewart Avenue, Garden City, New York 11530, Attention: Call Notification; and Standard and Poor's Called Bond Record, 25 Broadway, New York, New York 10004; provided, however, that such mailing shall not be a condition precedent to such redemption and failure so to mail any such notice shall not affect the validity of any proceedings for the redemption of Bonds. (c) Any notice mailed as provided in this section shall be conclusively presumed to have been duly given, whether or not the Registered Owner of such Bonds receives the notice. (d) Except in the case of redemptions under Section 3.01(a) hereof (optional redemptions) which are funded from the proceeds of refunding bonds (in which case notice may be given prior to and conditioned upon the deposit of monies sufficient to pay the Accreted Value of the Bonds redeemed), prior to sending a notice of redemption, there shall be credited to the Redemption Fund funds sufficient to pay the Accreted Value ofthe Bonds redeemed, invested by the Trustee in a fund ofthe type described by clause (tx) of the definition of "Permitted Investments". (e) All redemptions shall be effected as soon as practicable following the event giving rise thereto. Section 3.04 Payment Of Redeemed Bonds. Before any date fixed for redemption, amounts available to provide for pajmient of such redemption held in any funds and accounts hereunder shall be transfened by the Tmstee for deposit in the Redemption Fund, to pay, amd the Trustee is hereby authorized and directed to apply such funds to the payment of, the Accreted Value of the Bonds being redeemed as of the date fixed for redemption. Upon the giving of notice and the deposit of sufficient funds for redemption, interest on the Bonds or portions thereof thus called shall no longer accrue and the Accreted Value thereof shall no longer increase after the date fixed for redemption. Subject to the provisions of Section 2.09 hereof, no payment shall be made by the Trustee upon any Bond called for redemption until such Bond shall have been delivered for payment or cancellation or the Trustee shall have received the items required by Section 2.11 hereof with respect to any mutilated, lost, stolen or destroyed Bond. Ifany Bond or portion thereof called for redemption is not so paid upon presentation and s u n e n d e r thereof for redemption, such Bond or portion thereof shall continue to accrue interest at the rate set forth thereon until paid or until due provision is made for the payment of same. 12/17/2003 Section 3.05 REPORTS OF COMMITTEES 15013 Purchase In Lieu Of Redemption. Subject to the approval of Bond Counsel, upon the written direction ofthe Issuer, the Trustee shall purchase Bonds, on behalf of the Issuer, on the open market in lieu of redemption at a price approved in writing by the Issuer, so long as the purchase price ofany such Bonds does not exceed the applicable redemption price. Bonds so purchased shall be canceled (except in the case of Bonds purchased in lieu of optional redemption). Ifthe Issuer shall so direct in writing, the Trustee shall request the submission of tenders by first class mail sent to owners at the address shown on the Register of the Trustee requesting such submission prior to making the purchases authorized pursuant to the preceding paragraph. The written direction of the Issuer shall specify the maximum and minimum period of time which shall transpire between the date upon which such notice is to be given and the date upon which such tenders are to be accepted. No tenders shall be considered or accepted at any price exceeding the price specified in the preceding paragraph for the purchase of Bonds. The Trustee shall accept bids with the lowest price and in the event the monies available for purchase pursuant to such tenders are not sufficient to permit acceptance of all tenders and if there shall be tenders at an equal price above the amount of monies available for purchase, then the Trustee shall select by lot, the Bonds tendered which shall be purchased. Bonds shall be purchased only in permitted denominations. Article TV. Establishment Of Funds And Accounts And Applications Thereof. Section 4.01 Pledge. The pledge ofthe Trust Estate hereby (subject to the satisfaction and discharge of all of the Issuer's obligations under each respective Senior Indenture as provided in this Indenture) shall be valid and binding from and after the date of execution of this Indenture and the Revenues shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Issuer, inespective of whether such parties have notice thereof 15014 Section 4.02 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Establishment Of Funds. The following special funds shall be established and maintained pursuant to the provisions of this Indenture: (a) a General Fund; (b) a Program Fund; (c) a Costs of Issuance Fund; (d) a Bond Fund; and (e) a Redemption Fund. No amounts may be withdrawn, transfened or paid out ofthe above funds except as provided in this article. Section 4.03 Deposit Of Proceeds And Other Funds. There have been paid to the Trustee by the Underwriter the $ proceeds ofthe Bonds ($ Initial Principal Amount plus Zero Dollars ($0) accrued interest). The Trustee shall deposit said proceeds as follows: $ shall be deposited in the Program Fund, and $ deposited in the Costs of Issuance Fund. Section 4.04 shall be Use Of Monies In The Bond Fund. The Trustee shall transfer monies from the General Fund to the Bond Fund in accordance with Sections 4.05(b) and 7.04 hereof Monies in the Bond Fund shall be used solely for the payment of the Accreted Value of the Bonds at maturity. The Issuer hereby covenants and agrees that so long as any of the Bonds issued hereunder are outstanding it will promptly deposit, or cause to be promptly paid to the Trustee for deposit, in the Bond Fund, all income, revenues and receipts derived from the Trust Estate to the extent necessary to pay the Accreted Value of the Bonds, as the same becomes due and payable either at maturity or acceleration, subject to the terms of Section 4.05 hereof Nothing herein shall be constmed as requiring the Issuer to use for such purpose any funds or revenues from any source other than the funds and revenues derived from or constituting the Trust Estate. 12/17/2003 Section 4.05 REPORTS OF COMMITTEES 15015 General Fund. (a) The Trustee shall deposit in the General Fund all funds transfened to the Trustee by the Senior Trustees, all revenues and receipts therefrom and any other amounts pledged to the repayment ofthe Bonds. (b) Monies in the General Fund shall be transferred on the first (P') day ofeach month to the Bond Fund for further credit to the Redemption Fund, or solely on the maturity date of the Bonds, to the Bond Fund without such future credit. Section 4.06 Redemption Fund. The Trustee shall deposit in the Redemption Fund: (i) monies transfened from the General Fund in accordance with Section 4.05(b) hereof to effect a mandatory redemption ofthe Bonds pursuant to Section 3.01(b) hereof, and (ii) any monies delivered by the Issuer to the Trustee to effect an optional redemption of Bonds pursuant to Section 3.01(a) hereof Monies on deposit in the Redemption Fund shall be used to pay the Accreted Value of any Bonds to be redeemed pursuant to Section 3.01 hereof Section 4.07 Program Fund. On the Bond Delivery Date, the Trustee shall deposit in the Program Fund Bond proceeds in the amount stated by Section 4.03 hereof Monies in the Program Fund shall be transfened to the Issuer either in whole or in part upon the written direction of the Issuer to the Trustee and shall be applied by the' Issuer for any lawful purpose. Any eamings on investment of monies deposited in the Program Fund shall be deposited in the Program Fund. Section 4.08 Costs Of Issuance Fund. Amounts deposited in the Costs of Issuance Fund pursuant to Section 4.03 hereof shall be expended only to pay Costs of Issuance upon receipt of written instructions from the Issuer [or to pay the expenses of an Advisor (as defined in Section 5.03 below), as such expenses accme, upon receipt of written instmctions from the Issuer]. [Any ofsuch amounts not so expended to pay Costs of Issuance by the first (P') Compounding Date shall be transfened to the Program Fund.] 15016 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Section 4.09 Trustee's Maintenance Of Records On Payment Of Bonds. In connection with the payment, redemption or purchase of all Bonds under the provisions of this Indenture, the Trustee shall keep accurate records of the source of the monies used to pay, redeem or purchase such Bonds (whether derived from any balance remaining in any fund under this Indenture or otherwise). Section 4.10 Investment Of Funds And Accounts Held By The Trustee. Monies held in any fund or account hereunder shall be invested in Permitted Investments at the written direction of the Issuer, provided that the Permitted Investments so acquired shall have a maturity (at the date of acquisition) that does not exceed the date on which such funds will be required hereunder (as the Issuer shall direct). If no such direction is given, the Tmstee shall invest all money held under this Indenture in the investments permitted under clause (tx) ofthe definition of Permitted Investments in Section 1.01 hereof The Tmstee may make any and all investments through its bond or investment department or the bond or investment department of any bank or trust company controlling, controlled by or under common control with the Tmstee. The investments so made shall be held by the Trustee and shall be deemed at all times to be a part ofthe fund in which such monies were held, provided that for the purpose of investment, monies held in any ofthe funds established hereunder may be commingled. Eamings on investments (net of losses) of monies in the funds established hereunder shall be credited to or deposited in the funds, respectively, as follows: Investment Source Earnings Deposit General Fund General Fund Program Fund Program Fund Costs of Issuance Fund Program Fund Bond Fund General Fund Redemption Fund General Fund 12/17/2003 REPORTS OF COMMITTEES 15017 The Trustee is directed to sell and reduce to cash a sufficient amount of such investment to cover a proper disbursement therefrom. Section 4.11 Liability Of Issuer And The Trustee For Investments. The Issuer and the Tmstee shall not be liable or responsible for the making ofany investment authorized by the provisions of this article or the Tax Certificate in the manner provided in this article or such Tax Certificate, or for any loss resulting from any such investment so made. Section 4.12 Amounts Remaining In Funds And Accounts. Except as provided in Section 9.03 hereof (unclaimed monies), any amounts remaining in any fund or account (other than the Cost of Issuance Fund and the Program Fund) after full payment of the Bonds and all other amounts required to be paid hereunder and under the Agreements, shall be repaid to the Issuer. Article V. Covenants Of The Issuer. Section 5.01 Payment Of Accreted Value. The Issuer covenants that it will promptly pay the Accreted Value on each Bond issued under this Indenture at the place, on the dates and in the manner provided herein and in said Bonds according to the true intent and meaning thereof, provided that such Accreted Value is payable by the Issuer solely from the Trust Estate. Nothing in the Bonds or this Indenture is intended to constitute an assignment or pledge of any other funds or assets of the Issuer other than as specifically pledged and assigned hereunder. Section 5.02 Performance Of Covenants Of The Issuer; Authority Of The Issuer. The Issuer covenants that it will faithfully perform at all times any and all of its covenants, undertakings, stipulations and provisions contained in this Indenture, the Agreements, in any and every Bond executed, authenticated and delivered hereunder and in all ofits proceedings pertaining hereto. The Issuer covenants that 15018 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 it is duly authorized under the constitution and laws ofthe State to issue the Bonds authorized hereby and to execute this Indenture, to execute and deliver the Agreements, to assign said Agreements, the amounts payable thereunder and the Mortgage Certificates, and to pledge the amounts hereby assigned and pledged in the manner and to the extent herein set forth; that all action on its part for the issuance of the Bonds and the execution and delivery of this Indenture has been duly and effectively taken, and that the Bonds in the hands of the Registered Owners thereof are and will be valid and enforceable obligations of the Issuer according to the terms thereof and hereof. Section 5.03 Covenants Conceming Mortgage Loans; Liquidation Of Residual Property. (a) Unless the Issuer is in default under the terms hereof, the Issuer shall directly, or indirectly through servicers retained by the City at its sole discretion, diligently enforce and take or cause to be taken all reasonable actions and institute all proceedings reasonably necessary for the enforcement ofall terms, covenants and conditions ofthe Mortgage Loans and the Mortgage Certificates. (b) On or promptly after each Initial Release Date, the Issuer shall retain an investment banker, independent certified public accountant, financial advisor or other qualified person or firm (an "Advisor") to perform the valuations, calculations, determinations, sales, liquidations and other activities contemplated by this Section 5.12, and the Issuer shall give the Trustee written notice of the identity of the Advisor. If the Issuer does not retain an Advisor and give the Trustee written notice thereof on or prior to a date thirty (30) days after each respective Initial Release Date, the Trustee shall retain an Advisor. The Advisor shall accept its duties hereunder in writing delivered to the Issuer and the Trustee. Promptly after each Initial Release Date, the Trustee shall cooperate with the Advisor and the Issuer in selling, liquidating and disposing ofall ofthe Mortgage Securities and shall deposit the proceeds thereof in the General Fund for the mandatory redemption of Bonds pursuant to Section 3.01(b) hereof on the earliest practicable redemption date; provided, however, ifthe Advisor determines that the sale, liquidation and disposal ofthe two (2) Mortgage Securities then held pursuant to the Trust Estate cannot be sold at a price of par or better, then the sale, liquidation and disposal of the Mortgage Securities related to that Initial Release Date shall be delayed until the Mortgage Securities can be sold at a price of par or better. During the period of any such delay, the Trustee shall deposit any cash received from the Mortgage Securities in the General Fund. The Advisor shall value the Mortgage Securities once every ninety (90) days following the initial calculation. In each case, the Advisor shall deliver to the Issuer and the Trustee a report conceming such valuation setting forth the estimated amount to be realized upon the sale, liquidation or other disposition ofthe Mortgage Securities then held pursuant to the Trust Estate. [The 12/17/2003 REPORTS OF COMMITTEES 15019 fees and expenses ofthe Advisor shall be paid out ofthe residual balance held in the Costs of Issuance Fund for that purpose.] Section 5.04 Instruments Of Further Assurance. The Issuer covenants and agrees to endorse, without recourse, and transfer and assign to the Trustee, each property interest constituting the Residual Property when, as and if such items are received by the Issuer. The Issuer agrees that the Trustee may defend its rights to the pajmients and other amounts due with respect to the Trust Estate, including the Residual Property, for the benefit of the holders of the Bonds, against the claims and demands of all persons whomsoever. The Issuer covenants that it will do, execute, acknowledge and deliver, or cause to be done, executed, acknowledged and delivered, such Indentures supplemental hereto and such further acts, instruments and transfers as the Trustee may reasonably require for better assuring, transferring, pledging, assigning and confirming unto the Trustee all and singular the rights assigned hereby and the amounts pledged hereby to the payment of the Accreted Value of the Bonds. The Issuer covenants and agrees that, except as herein provided, or in the Agreements required, it will not sell, convey, assign, pledge, encumber or otherwise dispose of any part of the revenues and receipts payable under the Mortgage Certificates, or its rights thereunder. Notwithstanding the foregoing, the Issuer may pledge or encumber its interest in the Trust Estate or any part thereof on a basis subordinate to the liens of this Indenture. Section 5.05 Inspection Of Books And Documents. The Issuer covenants that all books and documents in its possession relating to the Mortgage Loans shall be available during business hours (following reasonable notice) for inspection by such accountants or other agencies as the Tmstee may from time to time designate. Section 5.06 Continuing Disclosure. The Issuer and the Trustee hereby covenant and agree that they wdll comply with and cairry out adl of the provisions of the Continuing Disclosure Agreement. Notwithstanding any other provision of this Indenture, failure of the Issuer or the Trustee to comply with the Continuing Disclosure Agreement shall not be considered a Default or an event of default; however, the Tmstee may (and, at the request of any Underwriter or the Registered Owners of at least twenty-five percent (25%) of the Bond Obligation, shall) or any Registered Owner or beneficial owner may seek specific performance to cause the Issuer or the Trustee, as the case may 15020 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 be, to comply with its obligations under this section. For purposes ofthis section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent wdth respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. The Tmstee shall make available to each registered or Beneficial Owner of Bonds, information regarding (1) without charge and upon request, the Accreted Value of outstanding Bonds, and (2) upon request and upon payment of reasonable charges therefor by the registered or Beneficial Owner, the redemption history of the Bonds (including redemption dates, redemption amounts, and sources of funds). Article VI. Trustee. Section 6.01 Acceptance Of The Tmsts. The Trustee hereby accepts the t m s t s imposed upon it by this Indenture, and agrees to perform said trusts, but only upon and subject to the following express terms and conditions: (i) The Trustee, prior to the occunence of an event of defauft and after the curing of all events of default which may have occuned, undertakes to perform such duties and only such duties as are specifically set forth in this Indenture. In case an event of default has occurred (which has not been cured or waived), the Trustee shall exercise such ofthe rights and powers vested in it by this Indenture, and use the same degree of care and skill in their exercise, as a prudent corporate indenture trustee would exercise or use under the circumstances in the conduct of his own affairs and no implied covenants or obligations shall be read into this Indenture against the Trustee. (ii) The Tmstee may execute any of the trusts or powers hereof and perform any ofits duties by or through attomeys, agents, receivers or employees but shall be answerable for the conduct ofthe same in accordance with the standard set forth in clause (i) above, and shall be entitled to advice of counsel conceming all matters of t m s t hereof and the duties hereunder, and may in all cases pay such reasonable compensation to all such attomeys, agents, receivers and employees as may reasonably be employed in connection with the trusts hereof The Trustee is entitled to rely upon and may act upon the opinion or advice of any attomeys 12/17/2003 REPORTS OF COMMITTEES 15021 (who may be the attomey or attomeys for the Issuer or any Participant, or the Registered Owner of any Bond), acceptable to the Trustee in the exercise of reasonable care. The Tmstee shall not be responsible for any loss or damage resulting from any action or non-action in good faith in reliance upon such opinion or advice. (iii) The Trustee shall not be responsible for any recital herein, or in the Bonds, or for the validity of the execution by the Issuer of this Indenture or of any supplements hereto or instruments of further assurance, or for the sufficiency of the security for the Bonds issued hereunder or intended to be secured hereby. The Tmstee shall not be responsible or liable for any loss suffered in connection with any investment of funds made by it in accordance with Section 4.14 hereof (iv) The Trustee shall not be accountable for the use of any Bond authenticated or delivered hereunder. The Trustee may become the Registered Owner of Bonds with the same rights which it would have if it were not the Trustee. (v) The Trustee may rely upon any notice, request, consent, certificate, order, affidavit, letter, telegram or other paper or document believed to be genuine and conect and to have been signed or sent by the proper person or persons. The Trustee shall not withhold unreasonably its consent, approval or action to any reasonable request of the Issuer, any Participant or the Participant. Any action taken by the Trustee pursuant to this Indenture upon the request or authority or consent of any person who at the time of making such request or giving such authority or consent is the Registered Owner of any Bond shall be conclusive and binding upon all future Registered Owners of the same Bond and upon Bonds issued in exchange therefor or in place thereof. (vi) As to the existence or nonexistence of any fact or as to the sufficiency or validity of any instrument, paper or proceeding, the Trustee shall be entitled to rely upon a certificate signed by an authorized officer of the Issuer or any Participant or the Participant as sufficient evidence of the facts therein contained and prior to the occunence of a default of which the Trustee has been notified as provided in clause (viii) ofthis section, or ofwhich by said clause it is deemed to have notice, shall also be at liberty to accept a similar certificate to the effect that any particular dealing, transaction or action is necessary or expedient, but may, at its discretion, secure such further evidence as it deems necessary or advisable, but shall in no case be bound to secure the same. The Trustee may accept a certificate of the Secretary of the Issuer under its seal to the effect that a resolution in the form therein set forth has been adopted by the Issuer as conclusive evidence that such resolution has been duly adopted and is in full force and effect. (vii) The permissive right of the Trustee to do things enumerated in this 15022 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Indenture shall not be construed as a duty and it shall not be answerable for other than its negligence or willful misconduct. The immunities and exceptions from liabflity ofthe Trustee shall extend to its officers, directors, employees and agents. (viii) The Trustee shall not be required to take notice or be deemed to have notice of any default hereunder except failure by the Issuer to cause to be made any of the payments to the Trustee required to be made under Article IV hereof or the failure of the Issuer or any Participant to file with the Trustee any document required by this Indenture or any Agreement to be so filed subsequent to the issuance ofthe Bonds, unless the Tmstee shall be specifically notified in writing of such default by the Issuer or by the Registered Owners of at least twenty-five percent (25%) ofthe Bond Obligation and all notices or other instruments required by this Indenture to be delivered to the Trustee must, in order to be effective, be delivered at the corporate trust office of the Trustee (initially, Baltimore, Maryland), and, in the absence of such notice so delivered, the Trustee may conclusively assume there is no default except as aforesaid. (tx) At any and all reasonable times the Trustee, and its duly authorized agents, attorneys, experts, engineers, accountants and representatives, shall have the right to inspect fully any and all of the property herein conveyed, including all books, papers and records pertaining to the revenues and receipts under the Mortgage Loans, the Agreements and the Bonds, and to make such copies and record such information from and in regard thereto as may be desired. (x) The Trustee shall not be required to give any bond or surety in respect of the execution ofthe said t m s t s and powers or otherwise in respect ofthe premises. (xi) Notwithstanding anjdhing elsewhere in this Indenture contained, the Trustee shall have the right, but shall not be required, to demand, in respect ofthe withdrawal of any cash, or any action whatsoever within the purview of this Indenture, any showings, certificates, opinions, appraisals or other information, or corporate action or evidence thereof, in addition to that by the terms hereof required as a condition of such action by the Trustee deemed desirable for the purpose of establishing the right ofthe Issuer to the withdrawal ofany cash, or the taking of any other action by the Trustee. (xii) Notwithstanding any other provision ofthis Indenture, the Trustee shall be under no obligation to institute any suit or to undertake any proceeding under this Indenture, any Agreement or any other document executed and delivered in connection with the issuance of the Bonds or to enter any appearance or in any way defend in any suit in which it may be made a defendant, or take any steps in the enforcement of any rights and powers under the aforementioned documents 12/17/2003 REPORTS OF COMMITTEES 15023 until it shall have been indemnified to its satisfaction for the reimbursement ofall costs and expenses, counsel fees and other disbursements to which it may be put and to protect it against all liability, except liability which is adjudicated to have resulted from its negligence or willful misconduct by reason ofany action so taken. Nothing contained herein or in any Agreement shall require the Tmstee to expend or risk its own funds or to otherwise incur financial liability in the performance of any of its duties or in the exercise of any of its rights or powers, if there shall be grounds for believing that the repayment of such funds or liability is not assured toft. (xiii) All monies received by the Trustee shall be held in trust for the purposes for which they were received but need not be segregated from other funds except to the extent required by law. The Trustee shall not be under any liability for interest on any monies received hereunder except as may be agreed upon. (xiv) The Trustee shall supply S86P with any periodic information that S86P reasonably requests. Section 6.02 Reports By The Tmstee. (a) The Trustee shall keep proper books of record and account (separate from all other records and accounts) in which complete and conect entries shall be made of its transactions relating to the funds and accounts established by this Indenture. Such books and all other books and papers of the Trustee and such funds shall at all reasonable business hours and under reasonable conditions be subject to the inspection ofthe Issuer and the owners ofan aggregate ofnot less than five percent (5%) of the Bond Obligation or their representatives duly authorized in writing. (b) The Trustee shall submit to (i) the Issuer and the Dissemination Agent under the Continuing Disclosure Agreement by the seventh (7*) Business Day of each month and within ninety (90) days after the end of each calendar year, the Trustee's stamdard report on the uses and balances of the funds and accounts hereby established, and (ii) the Issuer from time to time, such other information that the Issuer may reasonably request. (c) The Trustee shall also fumish reasonable information conceming the Bonds to S86P upon reasonable written request. (d) The reports, statements and other documents required to be fumished to or by the Trustee pursuant to any provision ofthis Indenture shall be available for the inspection of owners of Bonds at the corporate trust office of the Trustee. 15024 Section 6.03 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Recording And Filing. The Tmstee shall prepare, or (at the expense ofthe Issuer) cause its counsel to prepare, all necessary continuation statements relating to all financing statements initially filed in connection with the delivery of this Indenture at such times as may be required by law in order to preserve and protect fully the security of the Owners and the rights ofthe Tmstee hereunder. The Trustee shall deliver such statements to the Issuer for execution and (at the expense ofthe Issuer) shall file or cause to be filed such continuation statements in all places in which the original financing statements were filed or recorded. Section 6.04 Fees, Charges And Expenses Of The Trustee. The Trustee shall be entitled to receive the Trustee's Fee, plus payment for extraordinary services and expenses during the continuation ofthe Event ofDefault specified by Section 7.0l(i) hereof. The Trustee's Fee shall be payable in full on the Bond Delivery Date from the Costs of Issuance Fund and shall be fully eamed upon payment notwithstanding any subsequent redemption or payment of the Bonds. Payment for extraordinary services and expenses shall be made during the continuation ofthe Event ofDefault specified by Section 7.0 l(i) hereof within thirty (30) days following delivery to the Issuer ofthe Trustee's invoice therefor. Upon the Event of Default specified by Section 7.0 l(i) hereof, but only upon the Event of Default specified by Section 7.01 (i) hereof, and only during the continuance thereof, the Trustee shall have a lien for such amounts upon the Trust Estate with the right of payment prior to pajmient on account of the Accreted Value of any Bond. Section 6.05 Notice To Registered Owmers If Default Occurs. If a Default occurs of which Trustee is by clause (viii) of Section 6.01 hereof required to take notice or if notice of Default be given as in clause (viii) of Section 6.01 hereof provided, then the Trustee shall promptly give written notice thereof by registered or certified mail to the Owners of all Bonds then Outstanding, shown by the Bond Register. Section 6.06 Intervention By The Trustee. If there is instituted any judicial proceeding conceming the issuance of or the pajmient of the Bonds to which the Issuer is a party and which in the opinion of the Trustee and its counsel has a substantial bearing on the interests ofthe Registered Owners ofthe Bonds, the Tmstee may intervene on behalf of the Registered Owners and shall do so if requested in writing by the Registered Owners of at least twentyfive percent (25%) ofthe Bond Obligation. 12/17/2003 Section 6.07 REPORTS OF COMMITTEES 15025 Successor Trustee. Any corporation or association into which the Trustee may be converted or merged, or with which it may be consolidated, or to which it may sell or transfer its trust business and assets as a whole or substantially as a conversion, sale, merger, consolidation or transfer to which it is a party, ipso facto shall be and become successor Trustee hereunder amd vested with all of the title to the Trust Estate and all the trusts, powers, discretions, immunities, privileges and all other matters as was its predecessor, without the execution or filing ofany instrument or any further act, deed or conveyance on the part ofany ofthe parties hereto, anything herein to the contrary notwithstanding. Section 6.08 Resignation By The Trustee. The Trustee may at any time resign from the trusts hereby created by giving sixty (60) days written notice by registered or certified mail to the Issuer, each Participant and by giving notice in the same manner as provided by Section 8.02 hereof with respect to supplemental indentures; provided any such resignation shall only take effect upon the receipt by the Issuer of the successor Trustee's acceptance of its appointment as successor Trustee. The resigning Trustee shall bear all ofits costs and expenses of the transfer to the successor Trustee, and shall indemnify the Issuer and the successor Trustee against liabilities, damages and costs attributable to the action or inaction of the resigning Trustee except those against which the Trustee is hereby indemnified. Section 6.09 Removal Of Tmstee. The Trustee may be removed by the Registered Owners of a majority of the Bond Obligation, by an instrument or concunent instruments in writing signed and acknowledged by such Registered Owners or by their attorneys-in-fact, duly authorized and delivered to the Issuer and each Participant. The Trustee may be removed for proceeding in violation of, or for failing to act or proceed in accordance with, any provision of this Indenture with respect to the duties and obligations of the Trustee by the Issuer or by any court of competent jurisdiction upon the application of the Issuer pursuant to a resolution of the Issuer or at the request of the Registered Owners ofnot less than ten percent (10%) ofthe Bond Obligation. Section 6.10 Appointment Of Successor Trustee By The Registered Owners Of The Bonds; Temporary Trustee. In case the Trustee hereunder shall resign or be removed, or be dissolved, or shall 15026 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 be in the course of dissolution or liquidation, or shall otherwise become incapable of acting hereunder, or in case it shall be taken under the control of any public officer or officers, or ofa receiver appointed by a court, the Issuer shall, within thirty (30) days of receipt of notice of such resignation, removal, dissolution, or other disquaUfication, appoint by resolution a successor Trustee and copies of such resolution shall be delivered by the Issuer to the Trustee so appointed, the predecessor Trustee and each Participant. The Issuer shall give notice of any such appointment in the same manner as provided in Section 8.02 hereof with respect to supplemental indentures. If a successor Trustee shall not have been so appointed by the Issuer within forty-five (45) days after the date the Trustee's resignation was stated in its notice of resignation to have become effective, its removal or other event requiring or authorizing such appointment, the Issuer, the Trustee or the Registered Owner of any Bond may apply to any court of competent jurisdiction for the appointment of a successor Trustee, and the court may thereupon, after such notice, if any, as the court may deem proper, appoint such successor Trustee. At any time within stx (6) months of the date of the acceptance of appointment by amy successor Trustee appointed by the Issuer or a court of competent jurisdiction, a successor Trustee to replace the successor Trustee appointed by the Issuer or a court of competent jurisdiction may be appointed by the Registered Owners of a majority of the Bond Obligation by an instrument or concurrent instruments in writing signed by such Registered Owners, or by their attomeys-in-fact, duly authorized and a copy of which shall be delivered personally or sent by registered mail to the Issuer. In the event any such appointment is made by the Registered Owners, the successor Trustee appointed by the Issuer or a court of competent jurisdiction shall thereupon immediately and without further act be superseded by the Trustee so appointed by such Registered Owners. In the event a successor Tmstee appointed by the Issuer shall not be superseded by a Trustee appointed by the Registered Owners within stx (6) months from the effective date of appointment by the Issuer, the right ofthe Registered Owners ofthe Bonds to appoint the Trustee shall be deemed to be waived and the Tmstee appointed by the Issuer shall be deemed successor Tmstee hereunder. Notice of the appointment of a successor Trustee shall be given in the same manner as provided in Section 8.02 hereof with respect to supplemental indentures. Every such Trustee appointed pursuant to the provisions ofthis section shall be a trust company or bank in good standing having a reported capital and surplus aggregating at least One Hundred Million Dollars ($100,000,000). No successor Trustee shall receive fees and expenses in amounts or at rates in excess of those payable to its predecessor as Trustee. The Issuer promptly shall notify S86P promptly upon appointment of a successor Trustee. 12/17/2003 REPORTS OF COMMITTEES 15027 Section 6.11 Conceming A Successor Trustee. Every successor Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor and also to the Issuer an instmment in wrriting accepting such appointment hereunder, and thereupon such successor, without any further act, deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor; but such predecessor shall, nevertheless, on the written request of the Issuer, or of its successor, execute and deUver an instmment transferring to such successor Trustee all the estates, properties, rights, powers and trusts ofsuch predecessor hereunder; and every predecessor Trustee shall deliver all securities and monies held by it as the Trustee hereunder to its or his successor. Should any instrument in writing from the Issuer be required by amy successor Trustee for more fully and certainly vesting in such successor the estate, rights, powers and duties hereby vested or intended to be vested in the predecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Issuer. The resignation ofany Trustee and the instrument or instruments removing any Trustee and appointing a successor hereunder, togetherwith all other instruments provided for in this article, shall be filed or recorded by the successor Tmstee in each recording office where this Indenture shall have been filed or recorded. Article VIL Default Provisions And Remedies Of Trustee And Registered Owners. Section 7.01 Defaults; Events Of Defauft. Ifany ofthe following events occur subject to the provisions ofSection 7.08 hereof, it is hereby defined as and declared to be and to constitute an "event of default": (i) Default by the Issuer in the due and punctual payment of the Accreted Value of any Bond. (ii) Default in the performance or observance of any other of the covenants, agreements or conditions on the part of the Issuer contained in this Indenture or in the Bonds and failure to remedy the same after notice thereof as provided in Section 7.09 hereof (iii) If on any date the Trustee (which may rely on consultants selected by the Trustee) determines that proceeds of the Residual Property will be insufficient to 15028 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 provide for pajmient ofthe Bonds at one hundred percent (100%) of their Accreted Value on or prior to the maturity dates thereof and the payment of the rebate amount, the Trustee shall not be required or responsible to investigate or take notice of such insufficiency unless the Tmstee shall be given notice thereof as provided by Section 6.01 (viii) hereof Section 7.02 Remedies; Rights Of Registered Owners. Upon the occunence ofan event of default, the Trustee may pursue any available remedy at law or in equity to enforce the payment of the Accreted Value of the Bonds then Outstanding, including enforcement of any rights of the Issuer under the Agreements, including the following: (i) The Trustee may, and upon the written request of the Registered Owners of not less than fifty percent (50%) ofthe Bond Obligation shall, by notice in writing to the Issuer, declare Bonds Outstanding immediately due and payable and such Bonds shall become and be immediately due and payable, anjdhing in the Bonds or in this Indenture to the contrary notwithstanding; provided, however, in the case ofan event of default under Section 7.01(ii) or (iii), the Trustee may not make such declaration without the written consent of the Owners of one hundred percent (100%) ofthe Bond Obligation unless the Trustee shall have determined that the assets held under this Indenture are sufficient to pay the Accreted Value of the Bonds and all expenses incuned to the date of payment. In such event, there shall be due and payable on the Bonds an amount equal to the total principal amount of all Bonds Outstanding plus all interest accrued thereon and which will accrue thereon to the date of pajmient that is not included in such amount as due and payable. At any time after the principal ofthe Bonds shall have been so declared to be due and payable and before the entry of final judgment or decree in any suit, action or proceeding instituted on account of such default, or before the completion of the enforcement of any other remedy under this Indenture, the Trustee may annul such declaration and its consequences with respect to any Bonds not then due by their terms if (A) monies shall have been deposited in the Bond Fund a n d / o r the Redemption Fund sufficient to pay all Accreted Value then due (other than Accreted Value then due only because of such declaration) of all Outstanding Bonds; (B) monies shall have been deposited with the Trustee sufficient to pay the charges, compensation, expenses, disbursements, advances and liabilities ofthe Trustee then due; (C) all other amounts then payable by the Issuer hereunder shall have been paid or a sum sufficient to pay the same shall have been deposited with the Trustee; and (D) every event of default known to the Tmstee (other than a default in the payment of the Accreted Value of such Bonds then due only because of such declaration) shall have been remedied to the satisfaction of the 12/17/2003 REPORTS OF COMMITTEES 15029 Trustee. No such annulment shall extend to or affect any subsequent default or impair any right consequent thereon. (ii) The Trustee, upon the written request ofthe Registered Owners ofnot less than fifty percent (50%) of the Bond Obligation shall, upon being indemnified to its satisfaction therefor, proceed forthwith to protect and enforce its rights and the rights ofthe Registered Owners under the Bonds and this Indenture by such suits, actions or proceedings as the Tmstee, being advised by counsel ofits choice, shall deem expedient, including but not limited to: (A) enforcement ofthe right ofthe Registered Owners to collect and enforce the payment of principal of and interest due or becoming due on Mortgage Certificates and collect and enforce any rights in respect to the Mortgage Certificates and to require the Issuer to carry out its duties and obligations under the terms of this Indenture; (B) suit upon all or any part of the Bonds; (C) civil action to require the Issuer to account as if it were the tmstee of an express t m s t for the Registered Owners of the Bonds; (D) civil action to enjoin any acts or things which may be unlawful or in violation of the rights of the Registered Owners of the Bonds; (E) enforcement of any right of the Registered Owners confened by law or by this Indenture; (F) take such other steps to protect and enforce its rights and the rights of the holders of the Bonds, whether by action, suit or proceeding in aid of the execution of any power herein granted or for the enforcement of any other appropriate legal or equitable remedy, including the enforcement of any rights of the Issuer under the Act, the Agreements or any mortgage insurance policy; or (G) ifthe Bonds have been accelerated under Section 7.02(i) hereof, sell the Trust Estate or any portion thereof at one (1) or more public or private sales. (iii) Regardless ofthe happening ofan event of default, the Trustee, if requested in writing by the Registered Owners ofnot less than twenty-five percent (25%) of the Bond Obligation shall, upon being indemnified to its satisfaction therefor, institute and maintain such suits and proceedings as it may be advised shall be necessary or expedient (A) to prevent any impairment of the security under this Indenture by any acts which may be unlawful or in violation ofthis Indenture, or 15030 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (B) to preserve or protect the interests of the Registered Owners, provided that such request is in accordance with law and the provisions of this Indenture and, in the sole judgment of the Tmstee, is not unduly prejudicial to the interests of any Registered Owners not making such request. No remedy by the terms of this Indenture confened upon or reserved to the Trustee or to the Registered Owners is intended to be exclusive ofany other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Trustee or to the Registered Owners hereunder or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default or event of default shall impair any such right or power or shall be construed to be a waiver of any such default or event of default or acquiescence therein; and every such right and power may be exercised from time to time as often as may be deemed expedient. Anything in this Indenture to the contrary notwithstanding, while any Senior Bonds remain Outstanding, all remedies confened upon or reserved to the Trustee by this Indenture shall be subject to and subordinate to all rights and remedies confened upon or reserved to the Senior Trustee under the Senior Indenture. Each Bondholder, by acceptance thereof, authorizes and directs the Trustee in his or her behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Indenture and appoints the Trustee his or her attomey-in-fact for any and all such purposes. The Trustee shall be entitled to all the rights set forth in this Article VII with respect to any Senior Bonds at the time held by it, to the same extent as any other holder of Senior Bonds, and nothing in this Indenture shall deprive the Tmstee of any of its rights as such holder. Section 7.03 Appointment Of Receivers. Upon the occunence of an event of default, and upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of the Trustee and the Registered Owners ofthe Bonds under this Indenture, the Trustee shall be entitled, as a matter of right, to the appointment of a receiver or receivers ofthe Trust Estate and ofthe revenues, issues, eamings, income, products and profits thereof, pending such proceedings with such powers as the court making such appointment shall confer. 12/17/2003 REPORTS OF COMMITTEES 15031 Section 7.04 Application Of Monies. All monies received by the Tmstee pursuant to any right given or action taken under the provisions of this article or by virtue of action taken under provisions of any Agreement shall be deposited in the General Fund and all monies in the Bond Fund and the Redemption Fund (other than monies held for payment or redemption of particular Bonds having matured or been duly called for redemption) shall be applied as follows: (i) only upon a default in the due and punctual payment of the Accreted Value ofany Bond, to the payment of amounts owing due to the Trustee's extraordinaiy services and expenses as provided in Section 6.04 hereof, (ii) to pajmient of the Accreted Value of the Bonds. If such monies are not sufficient to pay the Accreted Value due on the outstanding Bonds, monies to be applied to the payment ofthe Accreted Value ofthe Bonds shall be applied to the payment ofthe Accreted Value ofthe Bonds, without preference or priority to any Bond over any other Bond, ratably, according to the amounts due for Accreted Value to the persons entitled thereto without any discrimination or privilege. Interest on the Bonds shall continue to accrue at the applicable accretion rate. Whenever monies are to be applied pursuant to the provisions ofthis section, such monies shall be applied at such times, and from time to time, as the Trustee shall determine, having due regard to the amount ofsuch monies available for application and the likelihood of additional monies becoming available for such application in the future. Whenever the Trustee shall otherwise apply such funds, it shall fix the date upon which such application is to be made and upon such date interest on the amounts to be paid on such date shall cease to accrue. The Trustee shall give such notice as it may deem appropriate of the deposit with it of any such monies and of the fixing of any such date, and shall not be required to make payment to the Registered Owner ofany Bond until such Bond shall be presented to the Trustee for appropriate endorsement or for cancellation if fully paid. Section 7.05 Remedies Vested In Trustee. All rights of action (including the right to file proofs of claim) under this Indenture or under any of the Bonds may be enforced by the Trustee without the possession 15032 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 of any of the Bonds or the production thereof in any trial or other proceeding related thereto and any such suit or proceeding instituted by the Tmstee shall be brought in its name as the Trustee without the necessity of joining as plaintiffs or defendants the Registered Owners ofany Bonds, and any recovery ofjudgment shall be for the equal and ratable benefit of the Registered Owners of the Outstanding Bonds. Section 7.06 Rights And Remedies Of Registered Owners. No Registered Owner ofany Bond shall have any right to institute any suit, action or proceeding at law or in equity for the enforcement of this Indenture or for the execution of any trust hereof or for the appointment of a receiver or any other remedy hereunder, unless (i) a default has occuned ofwhich the Trustee has been notified as provided in clause (viii) ofSection 6.01 hereof, or ofwhich by said clause it is deemed to have notice, (ii) such default shall have become an event of default and the Registered Owners of not less than fifty percent (50%) of the Bond Obligation shall have made written notice to the Trustee and shall have offered it reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in their own name or names, (iii) they shall have offered to the Trustee indemnity as provided in clause (xii) ofSection 6.01 hereof, and (iv) the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its own name; it being understood and intended that no one (1) or more Registered Owner shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal and ratable benefit of the Registered Owners of all Borids then Outstanding. However, nothing contained in this Indenture shall affect or impair the right ofthe Registered Owner of any Bond to enforce the payment of the Accreted Value of any Bond at the time and place, from the source and in the Bonds expressed. Section 7.07 Termination Of Proceedings. In the event the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Trustee and the Registered Owners shall be restored to their former positions and rights hereunder. 12/17/2003 REPORTS OF COMMITTEES 15033 respectively, with regard to the property herein subject to this Indenture, and all rights, remedies and powers ofthe Issuer, the Trustee, and the Registered Owners shall continue as if no such proceedings had been taken. Section 7.08 Waivers Of Events Of Defauft. The Trustee may, in its discretion, waive any event of default hereunder and its consequences, and shall do so only upon the written request of the Registered Owners of (i) more than stxty-stx and two-thirds percent (66%%) of the Bond Obligation in respect of which default in the payment of principal or interest, or both, exists, or (ii) more than fifty percent (50%) ofthe Bond Obligation in the case of any other default; provided, however, that there shall not be waived any event of default in the payment of the Accreted Value of any Outstanding Bond at the date of its maturity or on any redemption date specified therefor. Section 7.09 Notice Of Defaults Under Clause (ii) Of Section Opportunity Of The Issuer To Cure Such Defaults. 7.01; Anjfthing herein to the contrary notwithstanding, no defauft under clause (ii) of Section 7.01 hereof shall constitute an event of default until actual notice ofsuch default by first class mail (postage prepaid) shall be given to the Issuer by the Trustee or by the Registered Owners ofnot less than fifty percent (50%) ofthe Bond Obligation and the Issuer shafl have had sixty (60) days after receipt ofsuch notice to conect said default or cause said default to be conected, and shall not have conected said default or caused said default to be conected within the applicable period; provided, however, if said default be such that it cannot be conected within the applicable period, it shall not constitute an event of default if conective action is instituted by the Issuer within the applicable period and diligently pursued until the default is conected. Section 7.10 Notice Of Default To Registered Owners. The Trustee shall mail written notice of each default of which the Trustee is required to take notice or is given notice pursuant to Section 6.01 (viii) hereof to all Registered Owners promptly after taking or being given such notice, unless the Trustee shall determine in its discretion that receipt ofsuch notice is not in the best interests of the Registered Owners. Such notice to Registered Owners shall be mafled registered or certified mail to each Registered Owner at his address appearing upon the registry of books ofthe Issuer as kept by the Trustee. 15034 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Article VIIL Supplemental Indentures; Amendment Of Agreements. Section 8.01 Supplemental Indentures Not Requiring Consent Of Registered Owners. The Issuer and the Trustee may, without the consent of, or notice to, the Registered Owners of any of the Bonds enter into an indenture or indentures supplemental to this Indenture as shall not be inconsistent with the terms and provisions hereof for any one (1) or more ofthe following purposes: (i) to add additional covenants and agreements of the Issuer for the purpose of further securing the payment on the Bonds, provided such additional covenants and agreements are not contrary to or inconsistent with the covenants and agreements of the Issuer contained in this Indenture; (ii) to surrender any right, power or privilege reserved to or confened upon the Issuer by the terms of this Indenture; (iii) to confirm as further assurance any pledge under and the subjection to any lien, claim or pledge created or to be created by the provisions of this Indenture ofthe Revenues and other monies, securities, funds and property pledged in the manner and to the extent provided in this Indenture; (iv) to cure any ambiguity or defect or inconsistent provision in this Indenture or to insert such provisions clarifying matters or questions arising under this Indenture as are necessary or desirable in the event any siich modifications are not contraiy to or inconsistent with this Indenture as theretofore in effect and which shall not adversely affect the interests of any Bondholder; (v) to comply with the provisions ofthe Code, as now or hereafter amended, and any applicable regulations, published mlings or court decisions, if such amendment, in the opinion of Bond Counsel, will assist in clarifying the applicability of the Code to the Mortgage Loans and to the Bonds; (vi) to modify, amend or supplement this Indenture or any indenture supplemental hereto in such manner as to permit the qualification hereof and thereof under the Trust Indenture Act of 1939 or any similar federal statute hereafter in effect or to permit the qualification of the Bonds for sale under the securities laws ofany ofthe states ofthe United States of America, and, if they so determine, to add to this Indenture or any iridenture supplemental hereto such other terms, conditions and provisions as may be permitted by said Trust Indenture Act of 1939 or similar federal statute; or 12/17/2003 REPORTS OF COMMITTEES 15035 (vii) to evidence the appointment of a sepairate or co-trustee or the succession of a new trustee hereunder. S86P shall be given written notice of such supplement. No supplement authorized by this Section 8.01 shall be effective unless and until there shall have been filed with the Trustee an opinion of Bond Counsel stating that such supplemental indenture has been duly and lawfully adopted and filed by the Issuer in accordance with the provisions of this Indenture, is authorized or permitted by this Indenture and is valid and binding upon the Issuer and enforceable in accordance with its terms and does not affect the tax-exempt status ofthe Bonds. Section 8.02 Supplemental Indentures Owners. Requiring Consent Of Registered Exclusive of supplemental indentures covered by Section 8.01 hereof and subject to the terms and provisions contained in this section, and not otherwise, the Registered Owners ofnot less than fifty-one percent (51%) ofthe Bond Obligation, shadl have the right, from time to time, amything contadned in this Indenture to the contrary notwithstanding, to consent to and approve the execution by the Issuer and the Trustee ofsuch other indenture or indentures supplemental hereto as shall be deemed necessary and desirable by the Tmstee for the purpose of modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in this Indenture or in any supplemental indenture; provided, however, that nothing in this section contained shall permit, or be construed as permitting, without the consent ofthe Registered Owners ofall Outstanding Bonds (i) an extension ofthe maturity ofany Bond issued hereunder, (ii) a reduction in the Accreted Value ofany Bond or the rate oflnterest thereon, (iii) a privilege or priority of any Bond or Bonds over any other Bond or Bonds, (iv) a reduction in the aggregate amount ofthe Bond Obligation required for consent to such supplemental indenture, (v) the creation of any lien other than a lien ratably securing all of the Bonds at any time Outstanding hereunder, or (vi) any modification of the t m s t s , powers, rights, obligations, duties, remedies, immunities and privileges of the Tmstee without the written consent ofthe Trustee. If at any time the Issuer shall request the Trustee to enter into any such supplemental indenture for any of the purposes of this section, the Trustee shall cause notice ofthe proposed execution ofsuch supplemental indenture to be mailed by registered or certified mail to each Registered Owner. Such notice shall briefly set forth the nature ofthe proposed supplemental indenture and shall state that copies thereof are on file at the corporate trust office of the Trustee for inspection by all 15036 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Registered Owners. Such supplemental indenture shall not be effective unless and until (a) there shall have been filed with the Trustee (i) the written consents of the Owners ofnot less than fifty-one percent (51%) or all ofthe Bond Obligation as the case may be and (ii) an opinion of Bond Counsel stating that such supplemental indenture has been duly and lawfully adopted and filed by the Issuer in accordance with the provisions ofthis Indenture, is authorized or permitted by this Indenture and is valid and binding upon the Issuer and enforceable in accordance with its terms and does not affect the tax exempt status ofthe Bonds, and (b) a notice shall have been given as hereinafter in this Section 8.02 provided. Each such consent shall be effective only if accompanied by proof of the holding, at the date of such consent, ofthe Bonds with respect to which such consent is given, which proof shall be such as is permitted by Section 11.01. A certificate or certificates by the Trustee that it has examined such proof and that such proof is sufficient in accordance with Section 11.01 shall be conclusive that the consents have been given by the Owners of the Bonds described in such certificate or certificates of the Trustee. Any such consent shall be binding upon the Owner of the Bonds giving such consent and, anjdhing in Section 11.01 to the contrary notwithstanding, upon any subsequent Owners of such Bonds and of any Bonds issued in exchange thereof, unless such consent is revoked in writing by the Owner of such Bonds giving such consent or a subsequent Owner thereof by filing such revocation with the Trustee prior to the time when the written statement of the Trustee hereinafter in this Section 8.02 provided for is filed. The fact that a consent has not been revoked may likewise be proved by a certificate ofthe Trustee to the effect that no revocation thereof is on file with the Trustee. At any time after the Owners ofthe required percentages of Bonds shall have filed their consents to the supplemental indenture, the Trustee shall make and file with the Issuer a written statement that the Owners of such required percentages of Bonds have filed such consents. Such written statement shall be conclusive that such consents have been so filed. At any time thereafter, notice, stating in substance that the supplemental indenture (which may be refened to as a supplemental indenture adopted by the Issuer on a stated date, a copy ofwhich is on file with the Tmstee) has been consented to by the Owners of the required percentages of Bonds and will be effective as provided in this Section 8.02, may be given to Bondholders by the Issuer by mailing such notice to the Bondholders not more than ninety (90) days after the Owners of the required percentages of Bonds shall have filed their consents to the supplemental indenture and the written statement ofthe Trustee hereinabove provided for is filed. The Issuer shall file with the Trustee proof of the mailing of such notice to the Bondholders. A transcript, consisting ofthe papers required or permitted by this Section 8.02 to be filed with the Trustee, shall be proof of the matters therein stated. Such supplemental indenture making such amendment or modification shall be deemed conclusively binding upon the Issuer, the Trustee and the Owners of all Bonds at the expiration of thirty (30) days after the filing with the Trustee ofthe proof of the mailing ofsuch last mentioned notice, except in the event ofa final decree ofa court of competent jurisdiction setting aside such supplemental indenture in a legal action or equitable 12/17/2003 REPORTS OF COMMITTEES 15037 proceeding for such purpose commenced within such thirty (30) day period; provided, however, that the Issuer and the Trustee during such thirty (30) day period and any such further period during which any such action or proceeding may be pending shall be entitled in their absolute discretion to take such action, or to refrain from taking such action, with respect to such supplemental indenture as they may deem expedient. S86P shall be given written notice of such supplement. Section 8.03 Modifications By Unanimous Consent. The terms and provisions of this Indenture and the rights and obligations of the Issuer and of the Owners of the Bonds thereunder may be modified or amended in any respect upon the execution by the Issuer and the Trustee of a supplemental indenture and the consent ofthe Owners ofall ofthe Bonds then Outstanding, such consent to be given as provided in Section 8.02, except that no notice to Bondholders by mailing shall be required. S86P shall be given written notification ofsuch modification or amendment by supplemental indenture. Section 8.04 Mailing. Any provision in this Article for the mailing of a notice or other document to the Bondholders shall be fully complied with if it is mailed first class, postage prepaid only (i) to each Owner of Bonds then Outstanding at his address appearing upon the Registration Books ofthe Issuer and (ii) to the Trustee. Section 8.05 Exclusion Of Bonds. Bonds owned or held by or for the account of the Issuer shall not be deemed Outstanding for the purpose of consent or other action or any calculation of Outstanding Bonds provided for in this article and Article VII, and the Issuer shall not be entitled with respect to such Bonds to give any consent or take any other action provided for in this article or Article VII. At the time of any consent or other action taken under this article or Article VII, the Issuer shall fumish the Trustee a certificate of an authorized officer, upon which the Tmstee may rely, describing all Bonds so to be excluded. Section 8.06 Notation On Bonds. Bonds delivered after the effective date of any action taken as in this Article 15038 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 provided may, and if the Tmstee so determines shall, bear a notation by endorsement or otherwise in form approved by the Issuer as to such action, and in that case, upon demand of the Owner of any Bond Outstanding at such effective date and upon presentation of his Bond for the purpose at the principal corporate trust office of the Trustee, suitable notation shall be made on such Bond by the Trustee as to any such action. If the Issuer shall so determine, new Bonds so modified as in the opinion of the Issuer to conform to such action shall be prepared and delivered, and upon demand ofthe Owner ofany Bond then Outstanding shall be exchanged, without cost to such Bondholder, for Bonds of the same maturity then Outstanding, upon s u n e n d e r ofsuch Bonds. Section 8.07 Amendments, Et Cetera, To Agreements Not Requiring Consent Of Registered Owners. The Issuer and the Tmstee shall, without the consent of or notice to the Registered Owners, consent to any amendment, change or modification ofthe Agreements as may be required (i) by the provisions ofthe Agreements or this Indenture, (ii) for the purpose of curing any ambiguity or formal defect or omission, (iii) to add additional rights acquired in accordance with the provisions ofthe Agreements, [(iv) to assure that the interest on the Bonds is excluded from gross income] or (v) in connection with any other change therein which, in the judgment ofthe Trustee, is not to the prejudice of the Trustee or the Registered Owners of the Bonds. No amendment, change or modification authorized by this Section 8.07 shall be consented to unless and until there shall have been filed with the Trustee an opinion of Bond Counsel stating that such amendment, change or modification has been duly and lawfully adopted by the Issuer and the Trustee, is authorized or permitted by this Indenture and the Agreement, and is valid and binding upon the parties thereto, and enforceable in accordance with its terms. Section 8.08 Amendments, Et Cetera, To Agreements Requiring Consent Of Registered Owners. Except for the amendments, changes or modifications as provided in Section 8.07 hereof, neither the Issuer nor the Trustee shall consent to any other amendment, change or modification of the Agreements without the written approval or consent of the Registered Owners of not less than sixty-six and two-thirds percent (66%%) ofthe Bond Obligation given and procured as provided in Section 8.02 hereof. S86P shall be given written notice of amendments to the Agreements. 12/17/2003 REPORTS OF COMMITTEES 15039 Article LK. Discharge Of Indenture. Section 9.01 Discharge And Release. (a) If the Issuer shall pay or cause to be paid, or there shall be otherwise paid or provision for payment made, to or for the Registered Owners the Accreted Value of the Bonds at the times and in the manner stipulated therein, and shall pay or cause to be paid to the Issuer, the Tmstee and the Arbitrage Consultant all sums of monies due or to become due according to the provisions hereof and shall comply with the requirements of Section 4.09 hereof, then these presents and the Trust Estate and rights hereby granted shall cease, determine and be void, whereupon the Trustee shall cancel and discharge the lien hereof, and release, assign and deliver unto the Issuer any and all ofthe estate, right, title and interest in and to any and all rights assigned or pledged to the Trustee, held by the Trustee, or otherwise subject to the lien ofthis Indenture, except monies or securities held by the Trustee in its capacity as Paying Agent for the pajmient ofthe Accreted Value ofthe Bonds, or for payment ofthe other amounts refened to in this sentence, provided, however, that the Trustee shall nevertheless retain such rights, powers and privileges under the Indenture as may be necessairy for the pajmient of the Accreted Value of the Bonds, disposition of monies in the Rebate Fund, and such rights as pertain to the transfer, registration, exchange and redemption ofthe Bonds. (b) Bonds for the payment or redemption of which monies shall then be held by the Trustee (through deposit by the Issuer of funds for such pajmient or redemption or otherwise), whether at or prior to the maturity or the redemption date of such Bonds, shall be deemed to have been paid within the meaning ofthis Section 9.01. All Outstanding Bonds shadl, prior to their maturity or redemption date thereof, be deemed to have been paid within the meaning ofthis Section 9.01 if (i) in case any of said Bonds are to be redeemed on any date prior to their maturity, the Issuer shall have given to the Trustee inevocable instructions to publish as provided in Article III notice of redemption on said date ofsuch Bonds, (ii) there shall have been deposited with the Trustee either monies in an amount which shall be sufficient, or Permitted Investments of the type described in clause (i) of the definition of Permitted Investments the principal of and the interest on which when due will provide monies which, together with the monies, ifany, deposited with the Trustee at the same time, shall be sufficient (such sufficiency being verified to the Trustee by a Verification Certificate) to pay when due the Accreted Value of said Bonds on the redemption date or maturity date thereof, as the case may be, (iii) there shall be deposited with the Trustee monies sufficient to pay all Trustee's Fees then due and owing and the Tmstee's Fees to accrue prior to the payment in full of the Bonds and (iv) in the event said Bonds are not by their terms subject to redemption within the 15040 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 next succeeding ninety (90) days, the Issuer shadl have given the Trustee inevocable instmctions to mail postage prepaid, as soon as practicable, a notice to the Owners of such Bonds that the deposit required by (ii) above has been made with the Trustee and that said Bonds are deemed to have been paid in accordance with this section and stating such maturity or redemption date upon which monies are to be available for the payment of the Accreted Value of said Bonds. Neither Permitted Investments nor monies deposited with the Trustee pursuant to this Section 9.01 nor principal or interest payments on any such Permitted Investments shall be withdrawn or used for any purpose other than, and shall be held in trust for, the payment ofthe Accreted Value of said Bonds; provided that any cash received from such principal or interest pajmients on such Permitted Investments deposited with the Trustee, if not then needed for such purpose, shall, to the extent practicable and at the direction of the Issuer be reinvested in Permitted Investments maturing at times and in amounts sufficient to pay when due the Accreted Value of said Bonds. In the event the Issuer deposits cash with the Trustee for the payment ofthe Bonds, such cash shall be available monies. The Issuer shall notify S86P of, and promptly upon, any Bonds being deemed to have been paid in accordance with this Section 9.01. Section 9.02 [Intentionally Omitted]. Section 9.03 Unclaimed Monies. Anjdhing in this Indenture to the contrary notwithstanding, at the written direction of the Issuer any monies held by the Trustee in trust in its capacity as Pajdng Agent for the payment of the Accreted Value of the Bonds which remain unclaimed for four years after the date when such Bonds have become due and payable, either at their stated maturity dates or by call for earlier redemption, if such monies were held by the Trustee at such date, or for four years after the date of deposit of such monies if deposited with the Trustee after the said date when such Bonds became due and payable, shall be repaid by the Trustee to the Issuer free from trust and the Trustee shall thereupon be released and discharged with respect thereto; and the Registered Owners shall no longer have any rights to such monies; provided, however, that before being required to make any such payment to the Issuer, the Trustee, at the expense of the Issuer, shall cause to be mafled to the Issuer and published at least twice, at an interval ofnot less than seven (7) days between publications, in a financial newspaper of general circulation in Chicago, Illinois and New York, New York, a notice that said monies remain unclaimed and that, after a date named in said notice, which date shall be not less than thirty (30) days after the date of the first publication of such notice, the balance of such monies then unclaimed will be retumed to the Issuer. Upon receipt of any such 12/17/2003 REPORTS OF COMMITTEES 15041 monies by the Issuer, such monies may be used for any valid public purpose ofthe Issuer. Article X. Miscellaneous. • Section 10.01 Consents, Et Cetera, Of Registered Owners. Any consent, request, direction, approval, objection or other instmment required by this Indenture to be signed and executed by the Registered Owners may be in any number of concunent writings of similar tenor and may be signed or executed by such Registered Owners in person or by agent appointed in writing. Proof of the execution of any such consent, request, direction, approval, objection or other instrument or of the writing appointing any such agent and of the ownership of Bonds, if made in the following manner, shall be sufficient for any ofthe purposes ofthis Indenture, and shall be conclusive in favor ofthe Trustee with regard to any action taken by it under such request or other instrument, namely: (i) The fact and date of the execution by any person of any such writing may be proved in any manner reasonably acceptable to the Trustee. Where such execution is by an officer of a corporation or association or a member of a partnership, on behalf of such corporation, association or partnership such affidavit or certificate shall also constitute sufficient proof of his authority. (ii) The fact of ownership of Bonds and the amount or amounts, numbers and other identification of Bonds, and the date of holding the same shall be proved by the Bond Register maintained by the Trustee pursuant to Section 2.12 hereof Section 10.02 Indenture To Constitute Contract. In consideration of the purchase and acceptance of any and all of the Bonds authorized to be issued hereunder by those who shall hold the same from time to time, the Indenture shall be deemed to be and shall constitute a contract between the Issuer and the Registered Owners from time to time of the Bonds; and the assignment and pledge made to the Indenture and the covenants and agreements herein set forth to be performed by or on behalf of the Issuer shall be for the equal benefit, protection and security of the Registered Owners of any and all ofthe Bonds, all of which, regardless of the time or times of their authentication and delivery or maturity, shall be of equal rank without preference, priority or distinction 15042 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 of any of the Bonds over any other thereof except as expressly provided in or permitted by this Indenture. Section 10.03 Limitation Of Rights. With the exception of rights herein expressly confened, nothing expressed or mentioned in or to be implied from this Indenture or the Bonds is intended or shall be construed to give to any person other than the parties hereto and the Registered Owners of the Bonds, any legal or equitable right, remedy or claim under or in respect to this Indenture or any covenants, conditions and provisions herein contained; this Indenture and all ofthe covenants, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the parties hereto and the Registered Owners, including their assignees and subrogees as herein provided. Section 10.04 Severability. Ifany provision ofthis Indenture shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable, the same shall not affect any other provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatsoever. Section 10.05 Notices. Unless otherwise expressly set forth herein, any notice, request, demand, direction or other instrument authorized or required by this Indenture to be given or filed in accordance herewith shall be sufficiently given or filed and shall be deemed given or filed for all purposes if and when hand delivered, sent by telegram, or mailed by registered or certified mail (postage prepaid), addressed to the appropriate notice address. A duplicate copy ofeach such notice, request, demand, direction or other instrument required hereunder to be given to or filed with the Issuer and any Participant shall also be given to each of the other parties. The Issuer, any Participant and the Tmstee may, by notice given hereunder, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Unless otherwise expressly provided herein, any notice to a Registered Owner shall be sufficiently given and shall be deemed given when mailed by first class mail (postage prepaid) to such Registered Owner at his address as it appears on the Bond Register. 12/17/2003 REPORTS OF COMMITTEES 15043 Section 10.06 Payments Due On Saturdays, Sundays And Holidays. In any case where the date ofthe Accreted Value ofthe Bonds or the date fixed for redemption of any Bond shall be in the city of payment a Saturday, Sunday or a legal holiday or a day on which banking institutions are authorized by law or executive order to close, then pajmient of the Accreted Value may be made on the succeeding Business Day with the same force and effect as if made on the date of maturity or the date fixed for redemption. Section 10.07 Counterparts. This Indenture may be simultaneously executed in any number of counterparts, each ofwhich shall be deemed to be an original copy and all ofwhich together shall constitute one agreement binding on the parties hereto, notwithstanding that both parties hereto shall not have signed the same counterpart. Section 10.08 Applicable Provisions Of Law. This Indenture shall be govemed by and construed in accordance with the laws of the State. Section 10.09 No Recourse Under Indenture Or On Bonds. All covenants, stipulations, promises, agreements and obligations of the Issuer contained in this Indenture and any supplemental indenture shall be deemed to be the covenants, stipulations, promises, agreements and obligations ofthe Issuer and not of any member, officer or employee of the Issuer in his or her individual capacity, and no recourse shall be had for the payment of the Accreted Value of the Bonds or for any claim based thereon or on this Indenture against any member, officer or employee ofthe Issuer or any person executing the Bonds. No covenant, agreement or obligation contained herein shall be deemed to be a covenant, agreement or obligation of any present or future member, officer, official, employee or agent of the Issuer in his or her individual capacity, and no other officer thereof executing the Bonds shall be liable personally on the Bonds or be subject to any personal liabflity or accountability by reason of the issuance thereof No member, officer, official, employee or agent ofthe Issuer shall incur any personal liability with respect to any other action taken by him or her pursuant to this Indenture or the Act, provided such member, officer, official, employee or agent acts in good faith. JOURNAL-CITY COUNCIL-CHICAGO 15044 Section 10.10 12/17/2003 Heads. Any headings preceding the texts of the several articles and sections hereof, and any table of contents or marginal notes appended to copies hereof, shafl be solely for convenience of reference and shall not constitute a part of this Indenture, nor shall they aiffect its meaning, construction or effect. In Witness Whereof, The Issuer has caused this Indenture to be executed on its behalf by its duly authorized officers, and the seal of the Issuer to be hereunto affixed and duly attested; and the Tmstee, to evidence its acceptance ofthe trusts created hereunder, has caused this Indenture to be executed in its name by its duly authorized officer, adl as of the day and year first above written. [Seal] Attest: City of Chicago By: By: City Clerk Its: [Seal] , as Trustee Attest: By: By:. Tftle: Its: (Sub)Exhibits "A" and "B" refened to iri this Tmst Indenture read as follows: 12/17/2003 15045 REPORTS OF COMMITTEES (Sub)Exhibit "A". (To Trust Indenture) United States Of America City Of Chicago Residual Revenue Capital Appreciation Bond Series 2003. Registered Number R-1 Approximate Accretion Rate Maturity Date Bond Date CU.S.I.P. Number November 1, 20_ Registered Owner: CEDE 86 Co. Initial Principal Amount: Maturity Value: ($_ ($_ The City of Chicago, Illinois (the "Issuer"), a duly constituted and existing municipality within the meaning of Section 1 of Article VII and the 1970 constitution of the State of Illinois and a home mle unit under Section 6(a) of Article VII of the Constitution, for value received, promises to pay, but only from the sources and as hereinafter provided, to the Registered Owner named above or registered assigns, on the Maturity Date stated above, the Maturity Value stated above unless this Bond shall be called for redemption. The Bond is subject to redemption at the option of the Issuer in whole or in part at any time or as after 1, 2013 at the redemption price (expressed as a percentage of Accreted Value at the redemption date) set forth in the table below: 15046 JOURNAL-CITY COUNCIL-CHICAGO Redemption Period (both dates inclusive) Redemption Price 1, 2013 through 31,2014 102% 1, 2014 through 31,2015 101% 1, 2015 and thereafter 12/17/2003 100% The Bond is subject to mandatory redemption at a price equal to one hundred percent (100%) of the Accreted Value on each Redemption Date (April 1 and October 1) in whole or in part from monies in the Redemption Fund. The Bonds shall bear interest (calculated on the basis of a three hundred sixty (360) day year composed of twelve (12) months of thirty (30) days each) from the Bond Date until the Accreted Value is paid or duly provided for, at the Approximate Accretion Rate set forth above compounded quarterly on each Compounding Date (April 1 and October 1). Except for the initial period, the Initial Principal Amount and the Accreted Value as of each Compounding Date of a Bond having a Maturity Value of Five Thousand Dollars ($5,000) is as stated in the Table of Accreted Values appended hereto and made a part hereof. The Accreted Value as of any other date of a Bond having a Maturity Value of Five Thousand Dollars ($5,000) shall be determined by straight line interpolation between the Accreted Value for the Bond Date or Compounding Date, as the case may be, immediately preceding and the Accreted Value for the Compounding Date immediately succeeding the date of calculation, assuming each year consists of twelve (12) thirty (30) day months. With respect to the stated maturity date ofthe Bond, the Accreted Value is the Maturity Value ofeach Bond. This Bond is payable in such coin or cunency of the United States of America as at the time of payment is legal tender for payment ofpublic and private debts upon presentation and s u n e n d e r hereof at the corporate t m s t office (initially in Chicago, Illinois) of a national banking association, as trustee (the "Tmstee"). This Bond shall be paid by wire transfer if registered to the Bond Depository, without necessity of immediate presentation and sunender. In such event the Trustee shall enter the payment of principal, including such redemption price, on its records, which records shall be the official record ofthe outstanding principal 12/17/2003 REPORTS OF COMMITTEES 15047 amount ofthe Bonds; and the Bond Depository shall make a notation ofthe receipt of such payment on the face thereof in lieu of sunendering such Bond to the Trustee for cancellation and the issuance of a new bond or bonds in the amount of the unredeemed portion thereof The records of the Trustee shall be conclusive in determining the outstanding principal amount ofsuch Bonds, notwithstanding the failure of the Bond Depository to make any notation on such Bonds of the redemption ofa portion thereof, and shall be binding upon the Bond Depository, any heirs, successors or assigns or any transferee or purchaser ofsuch Bonds. This Bond is one of an authorized issue of bonds limited in aggregate Initial Principal Amount to that stated above. The bonds ofthis issue are being issued for the purpose of providing funds for the Issuer's govemmental purposes. The bonds of this issue are equally and ratably secured by, and entitled to the protection of, a Trust Indenture dated as of 1, 2003 (the "Indenture") between the Issuer and the Trustee, pursuant to which the Issuer has assigned to the Tmstee all of the Issuer's interests in, subject to the prior satisfaction and discharge ofall ofthe Issuer's obligations under each respective Senior Indenture, all of the right, title and interest, certain fully modified, mortgage-backed Mortgage Certificates held under the Senior Indentures and other investments held under the Senior Indentures; all monies and securities held in any fund, created by the Indenture (except the Program Fund, and the Costs of Issuance Fund); and the Revenues (collectively, the "Trust Estate"). This Bond and the issue of which it forms a part are limited obligations of the Issuer payable solely from the T m s t Estate pledged under the Indenture. This Bond Does Not Constitute A Liability Or Obligation, Either Direct Or Indirect, OfThe City OfChicago, The State Oflllinois Or Any Political Subdivision Or Agency Thereof (Other Than The Issuer As Set Forth In The Indenture) And Is Not A Pledge Of The Faith And Credft Of The Issuer, The State Of Illinois Or Any Political Subdivision Thereof Within The Meaning Of Any Constitutional Or Statutory Provisions Or Limitations OfThe State Oflllinois. Reference is hereby made to the Indenture for the definition of capitalized terms used and not otherwise defined herein, a description of the security for the bonds, the provisions regarding subordination to the prior liens ofthe Senior Indentures, the rights, duties and obligations of the Issuer, the Trustee and the Registered Owners ofthe bonds, the terms upon which the Indenture may be supplemented, the terms upon which the bonds are issued and the terms and conditions upon which the bonds will be deemed to be paid, at or prior to maturity or redemption of the bonds, upon the making of provision for the payment thereof in the manner set forth in the Indenture. The bonds shall be issued as registered bonds without coupons in denominations 15048 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 of Five Thousand Dollars ($5,000) Maturity Value and any integral multiple thereof The Issuer and the Trustee may deem and treat the Registered Owner hereof as the absolute owner hereof (whether or not this Bond shall be overdue) for the purpose of receiving payment of the Accreted Value hereof and for all other purposes and neither the Issuer nor the Trustee shall be affected by any notice to the contrary. This bond may be transfened or exchanged by the Registered Owner hereof or by his attomey duly authorized in writing upon s u n e n d e r at the corporate trust office ofthe Trustee (initially in Chicago, Illinois), but only in the manner and subject to the limitations provided in the Indenture and upon payment ofany required expense reimbursement, tax, fee or other govemmental charge. Upon such transfer or exchange, a new registered bond or bonds of the same Accreted Value and of authorized denomination or denominations will be issued in the name of the transferee or the Registered Owner, as the case may be. The Issuer and the Trustee shall not be required to register, transfer or exchange any bonds selected for redemption in whole or in part. If less than adl the bonds are to be redeemed on any date, the bonds to be redeemed shall be selected by the Trustee by lot in such manner as the Trustee shall determine. Each Five Thousand Dollars ($5,000) Maturity Value shall be considered by the Trustee as a separate bond for purposes of selecting bonds for redemption. If, on the redemption date, monies for the redemption ofall the bonds or portions thereof to be redeemed shall be held by the Tmstee so as to be available therefor on said date and if notice of redemption shall have been duly given, then, from and after the redemption date, interest on the bonds or portions thereof so called for redemption shall no longer accrue and the Accreted Value thereof shall not longer increase. The Registered Owner of this Bond shall have no right to enforce the provisions of the Indenture or to institute action to enforce the covenants therein, or to take any action with respect to any event of default under the Indenture, or to institute, appear in or defend any suit or other proceeding with respect thereto, except as provided in the Indenture. No recourse under or upon any obligation, covenant or agreement contained in the Indenture or in any bond or under anyjudgment obtadned against the Issuer, or by the enforcement ofany assessment or by any legal or equitable proceeding by virtue of any constitution or statute or otherwise or under any circumstances, under or independent of the Indenture, shall be held against any Commissioner, official, officer, or employee, as such, past, present or future, of the Issuer, either directly or through the Issuer, or otherwise, for the pajmient for or to the Issuer or any 12/17/2003 REPORTS OF COMMITTEES 15049 receiver thereof, or for or to the Registered Owner ofthis Bond, or otherwise, ofany sum that may be due and unpaid by the Issuer upon this Bond. Any and all personal liability of every nature, whether at common law or in equity, or by statute or by constitution or otherwise, of any such Commissioner, official, officer, or employee, as such, to respond by reason of any act or omission on his or her part or otherwise, for the payment for or to the Issuer or any receiver thereof, or for or to the Registered Owner ofany bond issued under the Indenture, or otherwise, ofany sum that may remain due and unpaid upon the bonds secured by the Indenture or any of them, is hereby expressly waived and released as a condition of and consideration for the execution ofthe Indenture and the issuance ofthe bonds. The Issuer hereby certifies, recites and declares that all acts, conditions and things required to exist, happen and be performed precedent to and in the execution and delivery of the Indenture and issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law and that the issuance ofthis Bond amd the issue ofwhich it forms a part, together with all other obligations of the Issuer, does not exceed or violate any constitutional or statutory limitation applicable to the Issuer. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Indenture until the Certificate of Authentication hereon shadl have been signed by the Trustee. In Witness Whereof, City ofChicago, Illinois has caused this Bond to be executed in its name by the manual or facsimile signature ofits Mayor attested by the manual or facsimile signature ofits City Clerk and its seal to be impressed hereon. City of Chicago By: [Seal] Attest: City Clerk Facsimile Signature) Mayor 15050 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Tmstee's Certificate Of Authentication. Date of Authentication: This Bond is one of the Bonds of the issue described in the within mentioned Indenture. By: Authorized Signatory (Sub)Exhibit "B". (To Trust Indenture) Assignment. For Vadue Received, The undersigned sells, assigns and transfers unto (Tax Identification or Social Security Number) the within Bond and all rights thereunder, and hereby inevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof with full power of substitution in the premises. Date: Signature guaranteed: Notice: Signature must be guaranteed by a member firm respond with the name of the New York Stock Exchange or a commercial bank or trust company. Notice: Signature must conespond with the name of the Registered Owner of the within Bond as it appears on the face hereof in every particular, without alteration or enlargement or any change whatever. 12/17/2003 REPORTS OF COMMITTEES 15051 Table Of Accreted Values. (Per $5,000 Maturity Value) The Initial Principal Amount (per $5,000 Maturity Value) on the Bond Delivery Date for the Bonds is $ . Compounding Date Accreted Value AUTHORIZATION FOR CORPORATION COUNSEL TO ENTER INTO AND EXECUTE SETTLEMENT AGREEMENT REGARDING CASE OF RONALD JONES V. J O H N MARKHAM, STEPHEN HOOD, CARL SILVESTRINI, STEPHEN WARNER AND THE CITY OF CHICAGO. The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration an order authorizing the Corporation Counsel to enter into and execute a settlement order for the following case: Ronald Jones v. John Markham, Stephen Hood, Carl Silvestrini, Stephen Wamer and the City of Chicago, Number OOL 5608 in the amount of $2,200,000.00, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed order transmitted herewith. 15052 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed order transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Murioz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Rebojrras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. The following is said order as passed: Ordered, That the Corporation Counsel is hereby authorized and directed to enter into and execute a settlement agreement in the following matter: Ronald Jones v. John Markham, Stephen Hood, Carl Silvestrini, Stephen Wamer and the City of Chicago, Number OOL 5608 in the amount of $2,200,000.00. AUTHORIZATION FOR TAX LEVY, APPROVAL OF 2 0 0 4 BUDGET AND EXECUTION OF SERVICE PROVIDER AGREEMENT FOR SPECIAL SERVICE AREA NUMBER 2. The Committee on Finance submitted the following report: 12/17/2003 REPORTS OF COMMITTEES 15053 CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration an ordinance authorizing the levy of taxes and approval of the 2004 budget for Special Service Area Number 2, amount of levy not to exceed $263,439, having had the same under advisement, begs leave to report and recommend that Your Honorable Body P a s s the proposed ordinance transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Murioz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natams, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed: WHEREAS, Special service areas may be established pursuant to Article VII, Sections 6(1) and 7(6) ofthe Constitution ofthe State oflllinois, and p u r s u a n t to the provisions of the Special Service Area Tax Law, 35 ILCS 200/27-5, et seq. (the "Speciad Service Area Act") and pursuant to the Property Tax Code, 35 ILCS 2 0 0 / 1 - 1 , et seq., as amended from time to time; and 15054 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 WHEREAS, On J u n e 30, 1982, the City Councfl ofthe City ofChicago (the "City Councfl") enacted an ordinance, as amended by an ordinance enacted by the City Council on March 25, 1983, as further amended by an ordinance enacted by the City Council on September 18, 1984, as further amended by an ordinance enacted by the City Council on J u n e 14, 1995, (collectively, the "Establishment Ordinance") which established an area known and designated as City ofChicago Special Service Area Number 2 (the "Area") and authorized the levy of an annual tax not to exceed an annual rate of one and one-half percent (1.5%) ofthe equalized assessed value ofthe taxable property therein (the "Services Tax") to provide certain special services in and for the Area in addition to the services provided by and to the City of Chicago generally (the "Special Services"); and WHEREAS, The Establishment Ordinance established the Area as that territory approximately bounded by Henderson Street on the north, George Street on the south and fronting on Central Avenue on both east and west sides; and Long Avenue on the east, Austin Avenue on the west, and fronting on Belmont Avenue on both north and south sides; and WHEREAS, The Special Services authorized in the Establishment Ordinance included the maintenance, operation and upkeep of an automobile parking facility and such other services as will tend to promote, assist or preserve the businesses located within, and foster commercial and economic development of, the Area; and WHEREAS, The Establishment Ordinance provided for the appointment of the Belmont-Central Parking Commission (the "Commission") for the purpose of recommending to the Mayor and to the City Council a yearly budget based upon the cost of providing the Special Services and further to advise the Mayor and the City Council regarding the amount of the Services Tax to be levied; and WHEREAS, It is the responsibility of the Commission to recommend to the Department ofPIanning and Development, the Mayor and the City Council an entity to serve as a service provider (the "Service Provider"), the form of an agreement between the City and the Service Provider for the provision of Special Services to the Area, and a line item budget to be included in the agreement between the City and the Service Provider; and WHEREAS, The Commission has been duly appointed and qualified and has heretofore prepared and transmitted to the Commissioner of the Department of Planning and Development and to the City Council its recommendations for a budget to provide the Special Services in the Area for the fiscal year commencing January 1, 2004, and has advised the Mayor and the City Council conceming the 12/17/2003 REPORTS OF COMMITTEES 15055 Services Tax for the tax year 2003 for the purpose of providing funds necessary to provide the Special Services; and WHEREAS, In 2001, the City Council approved an agreement with the BelmontCentral Parking Commission, Inc., as the Service Provider, the term ofwhich expires on December 3 1 , 2004, and such Service Provider Agreement contemplated that it would be amended in the second (2"**) and third (3'") years of the term of the agreement to contain a revised budget and scope of services for those years and revised budgets, ifany; and WHEREAS, Certain members ofthe Commission may serve from time to time on the Board of Directors of the Service Provider, or serve the Service Provider in some other voluntary capacity, which such service shall provide no financial compensation in any manner to such Commission member; now, therefore. Be It Ordained by the City Council of the City of Chicago: SECTION 1. Incorporation Of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. SECTION 2. Appropriations. There is hereby appropriated the foUowing sums in the amounts and for the purposes necessary to provide the Special Services in and for the Area, the estimated amounts of miscellaneous income and the amounts required to be raised by the levy ofthe Services Tax indicated as follows: Belmont-Central Parking Commission Special Service Area Budget. For the fiscal year beginning J a n u a i y 1, 2004 and ending December 3 1 , 2004. Expenditures Service Provider Agreement for the provision of Special Services $263,439 TOTAL BUDGET REQUEST: $263,439 15056 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Source Of Funding Tax levy at a rate not to exceed one and one-half percent (1.5%) ofthe assessed value, as equalized, of taxable property within Special Service Area Number 2 $263,439 SECTION 3. Levy Of Taxes. There is hereby levied pursuant to the provisions of Article VII, Sections 6(a) and 6(1) (2) ofthe Constitution ofthe State oflllinois and pursuant to the provisions of the Special Service Area Act and pursuant to the provisions of the Establishment Ordinance, the sum of Two Hundred Sixty-three Thousand Four Hundred Thirty-nine Dollars ($263,439) as the amount of the Services Tax for the tax year 2003. SECTION 4. Filing. The City Clerk is hereby ordered and directed to file in the Office ofthe County Clerk of Cook County, Illinois a certified copy ofthis ordinance on or prior to December 30, 2003, and the County Clerk shall thereafter extend for collection together with all other taxes to be levied by the City of Chicago, the Services Tax herein provided for, said Services Tax to be extended for collection by the County Clerk for the tax year 2003 against all the taxable property within the Area, the amount ofthe Services Tax herein levied to be in addition to and in excess of all other taxes to be levied and extended against all taxable property within the Area. SECTION 5. Enforceability. If amy section, paragraph or provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability ofsuch section, paragraph or provision shall not affect any ofthe remaining provisions ofthis ordinance. SECTION 6. Conflict. This ordinance shall control over any provision of any other ordinance, resolution, motion or order in conflict with this ordinance, to the extent of such conflict. SECTION 7. Publication. This ordinance shall be pubUshed by the City Clerk, in special pamphlet form, by preparing at least one hundred (100) copies thereof, which copies are to be made available in his office for public inspection and distribution to members of the public who may wish to avail themselves of a copy of this ordinance. 12/17/2003 REPORTS OF COMMITTEES 15057 SECTION 8. Effective Date. This ordinance shall take effect ten (10) days after its passage and publication. AUTHORIZATION FOR RE-ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 8, IMPOSITION OF TAX LEVY, APPROVAL OF 2 0 0 4 BUDGET AND EXECUTION OF SERVICE PROVIDER AGREEMENT. The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council Your Committee on Finance, having had under consideration an ordinance authorizing the re-establishment of Special Service Area Number 8, the imposition of a tax levy, the approval ofthe 2004 budget and the execution of a service provider agreement for Special Service Area Number 8, amount to be levied: $599,000, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: 15058 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Murioz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore - 48. Nays — None. Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed: WHEREAS, Special service areas may be established pursuant to Article VII, Sections 6(1) and 7(6) ofthe Constitution ofthe State oflllinois, and pursuant to the provisions of the Special Service Area Tax Law, 35 ILCS 200/27-5, et seq., as amended from time to time (the "Act") and pursuant to the Revenue Act of 1939, 35 ILCS 2 0 5 / 1 , et seq., as amended from time to time (the "Revenue Act"); and WHEREAS, On September 14, 1988, the City Councfl ofthe City ofChicago (the "City Council") enacted an ordinance (the "Establishment Ordinance") which established an area known and designated as City of Chicago Special Service Area Number 8 (the "Area") and authorized the levy of an annual tax not to exceed an annual rate of forty-one hundredths of one percent (.41%) ofthe equalized assessed value ofthe taxable property therein to provide certain special services in and for the Area for a period of five (5) years (the "Initial Levy Period") in addition to the services provided by and to the City of Chicago (the "City") generally; and WHEREAS, The Initial Levy Period expired; and WHEREAS, On November 17, 1993, the City Councfl enacted an ordinance (the "Establishment Ordinance") which again established a special service area known and designated as City of Chicago Special Service Area Number 8 to provide special govemmental services in the area in addition to services provided generally by the City and authorizing a levy of an annual tax not to exceed forty-one hundredths of one percent (.41%) ofthe equalized assessed value ofall property within the area to provide such services for an additional period of ten (10) years (the "Second Levy Period"); and WHEREAS, The Second Levy Period has expired; and WHEREAS, The City Council determines that it is in the best interests ofthe City to again re-establish a special service area to be known and designated as Special 12/17/2003 REPORTS OF COMMITTEES 15059 Service Area Number 8 (the "Area") to provide certain special govemmental services in addition to services provided generally by the City, all as further provided in this ordinance (the "Special Services"), and further determines to authorize the levy of an annual ad valorem real property tax for a period of ten (10) years in the Area sufficient to produce revenues required to provide those Special Services (the "Services Tax"); and WHEREAS, The City Council desires to authorize the execution of an agreement with a service provider for the provision of the Special Services in and for the Area in fiscal year 2004; now, therefore. Be It Ordained by the City Council of the City of Chicago: SECTION 1. Incorporation Of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. SECTION 2. Findings. The City Councfl finds and declares as follows: (a) the Area, as established by this ordinance, consists of contiguous territory in the City; (b) the City Council adopted an ordinance on October 1, 2003 authorizing a public hearing (the "Public Hearing") to consider the establishment ofthe Area and the levy of the Services Tax on the taxable property located in the Area to provide the Special Services; (c) notice of the Public Hearing was given by publication at least once not less than fifteen (15) days prior to the hearing in the Chicago Sun-Times, a newspaper published in and of general circulation within the City, and notice of the Public Hearing was also given by depositing said notice in the United States mail addressed to the person or persons in whose name the general taixes for the last preceding year were paid on each property Ijdng within the Area, not less than ten (10) days prior to the time set for the Public Hearing. For any properties for which taxes for the last preceding year were not paid, the notice was sent to the person last listed on the tax rolls prior to that year as the owner of the property; (d) the notice complied with all of the applicable provisions of the Act; (e) the Public Hearing was held on November 3, 2003 by the Committee on Finance ofthe City Council. All interested persons, including all persons owning real property located within the Area, were given an opportunity to be heard at the Public Hearing regarding any issues embodied in the notice and have had an opportunity to file with the City Clerk of the City written objections on such issues; 15060 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (f) the Committee on Finance of the City Council has heard and considered all ofthe comments, objections, protests and statements made at the Public Hearing with regard to the issues embodied in the notice and has determined to recommend to the City Council that it is in the public interest and in the interest of the City and the Area to establish the Area and to authorize the levy of the Services Tax, all as provided in this ordinance; (g) the Public Hearing was finally adjourned on November 3, 2003; (h) the sixty (60) day period as described in Section 27-55 of the Act, in which an objection petition to this ordinance may be filed, commenced on November 3, 2003; and (i) the City Council hereby finds and determines that it is in the best interests of the City that the Area be established and the Services Tax be authorized, all as set forth herein. SECTION 3. Area Established. There is hereby established a special service area located within the City to be known and designated as City of Chicago Special Service Area Number 8. The approximate street location of said territory consists of Broadway, from Diversey Parkway to Grace Street; on Clark Street, from Diversey Parkway to Fletcher Street on the west side and Belmont Avenue on the east side; on Halsted Street, from Diversey Parkway to Belmont Avenue; on Belmont Avenue, from Halsted Street to Broadway; and on Diversey Parkway, from Halsted Street to Sheridan Road. A legal description ofthe Area is attached as Exhibit 1 hereto and hereby incorporated herein. A map of the Area is attached as Exhibit 2 hereto and hereby incorporated herein. A list of permanent index numbers for the properties in the Area is attached hereto as Exhibit 3 and hereby incorporated herein. SECTION 4. Special Services Authorized. The Special Services authorized hereby include maintenance and beautification activities; the recruitment amd promotion of new businesses to the Area and retention and promotion of existing business within the Area; coordinated marketing and promotional activities; strategic planning for the general development of the Area; financing of storefront facade improvements; security programs, including, but not limited to, the development of cooperative crime prevention programs; and other technical assistance activities to promote commercial and economic development, including, but not limited to, streetscape improvements, strategic transit/parking improvements including parking management studies, and enhanced local land-use oversight and control initiatives such as monitoring zoning and building code compliance. The Special Services shall be in addition to services provided by and to the City generally. 12/17/2003 REPORTS OF COMMITTEES 15061 SECTION 5. Authorization Of Levy. There is hereby authorized to be levied in each year beginning in 2003 through and including 2012 the Services Tax upon the taxable property within the Area to produce revenues required to provide the Special Services, said Services Tax not to exceed the sum of forty-one hundredths of one percent (.41%) ofthe equalized assessed value ofthe taxable property within the Area. The Services Tax shall be in addition to all other taxes provided by law and shall be levied pursuant to the provisions of the Revenue Act. The levy of the Services Tax for each year shall be made by annual ordinance, commencing with this ordinance. SECTION 6. Appropriations. Based on the recommendation of the Department ofPIanning and Development, there is hereby appropriated the following sum in the amount and for the purposes necessary to provide the Special Services in and for the Area indicated as follows: Special Service Area Number 8 Special Service Area Budget. For the fiscal year beginning January 1, 2004 and ending December 3 1 , 2004. Expenditures Service Provider Agreement for the provision of Special Services $614,000 TOTAL BUDGET REQUEST: $614,000 Source Of Funding Tax levy at a rate not to exceed the sum of forty-one hundredths of one percent (.41%) ofthe assessed value, as equalized, of taxable property within Special Service Area Number 8 $599,000 Carryover funds from previous tax years $ 15,000 15062 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 SECTION 7. Levy Of Taxes. There is hereby levied pursuant to the provisions of Article VII, Sections 6(a) and 6(1)(2) of the Constitution ofthe State oflllinois and pursuant to the provisions of the Act and pursuant to the provisions of this ordinance, the sum of Five Hundred Ninety-nine Thousand Dollars ($599,000) as the amount of the Services Tax for the tax year 2003. SECTION 8. Commission Authorized. There is hereby established the Lake View East Special Service Area Commission (the "Commission") consisting of eleven (11) members. The Mayor, with the approval ofthe City Council, shall appoint the initial Commission members from a list of nominees submitted by the Lake View East Chamber of Commerce, an Illinois not-for-profit corporation (the "Organization"). Ofthe initial Commission members, seven (7) members shall be appointed to serve for two (2) year terms, and four (4) shall be appointed to serve for one (1) year terms. Upon the expiration of the term of any Commission member, the Mayor, with the approval of City Council, shall appoint a successor Commission member from a list of nominees submitted by the Organization. Other than the initial Commissioners, each Commission member shall be appointed to serve for a term of two (2) years and until a successor is appointed. In the event of a vacancy on the Commission due to resignation, death, inability to serve, removal by the Mayor or other reason, the Mayor, with the approval of City Council, shall appoint a successor from a list of nominees submitted by the Organization. Each successor so appointed shall serve for the remaining term for which h e / s h e was appointed. The Commission shall designate one (1) member as the chairman ofthe Commission, and h e / s h e shall serve not more tham two (2) successive two (2) year terms. The Commission may establish bylaws for its procedural operation. The Commission shall have the powers delegated to it in Section 9 hereof. The terms and powers ofthe Commission members shall cease upon the termination of the time period for which the levy ofthe Services Tax is authorized. The members of the Commission shall serve without compensation. SECTION 9. Powers O f T h e Commission. The Commission is hereby granted the following powers: (a) to recommend the rate or amount of the Services Tax and an annual budget to the City Council; and (b) to recommend a sole service provider contract, including a scope of services and a contractor therefor, to the City Council for the provision of the Speciad Services. SECTION 10. Service Provider Agreement. The Commissioner of the Department ofPIanning and Development (the "Commissioner"), or a designee ofthe Commissioner, are each hereby authorized, subject to approval by the Corporation Counsel as to form and legality, to enter into, execute and deliver an agreement with 12/17/2003 REPORTS OF COMMITTEES 15063 the Organization, in substantially the form attached hereto as Exhibit 4 and hereby made a part hereof (the "Service Provider Agreement"), and such other supporting documents, ifany, as may be necessary to cany out and comply with the provisions ofthe Service Provider Agreement, with such changes, deletions and insertions as shall be approved by the persons executing the Service Provider Agreement. SECTION 11. Exemption. The Service Provider Agreement is hereby declared exempt from Section 2-156-020 ofthe Municipal Code ofthe City. SECTION 12. Protests And Objections. If a petition of objection is filed with the Office of the City Clerk of the City signed by at least fifty-one percent (51%) of the electors residing within the boundaries of the Area and by at least fifty-one percent (51%) ofthe owners ofrecord ofthe property included within the boundaries ofthe Area within sixty (60) days following the adjournment of the Public Hearing, all as provided for in Section 27-55 of the Act, as a result of such filing this ordinance shall be deemed to be null and void, the Area shall not be created, and the Services Tax shall not be levied, and the Service Provider Agreement shall not be entered into or shall be deemed to be null and void and no compensation in connection therewith shall be provided to the Organization. SECTION 13. Severability. Ifany provision ofthis ordinance or the application of any such provision to amy person or circumstances shall be invalid, such invalidity shall not affect the provisions or application of this ordinance which can be given effect without the invalid provision or application, and to this end each provision of this ordinance is declared to be severable. SECTION 14. Filing. The City Clerk is hereby ordered and directed to file in the Office of the County Clerk of Cook County, Illinois (the "County Clerk"), in accordance with Section 27-75 of the Act, a certified copy of this ordinance containing an accurate map of the Area. The City Clerk is hereby further ordered and directed to file in the Office of the Recorder of Deeds of Cook County, in accordance with Section 27-40 of the Act, a certified copy of this ordinance containing a description of the Area, within sixty (60) days of the effective date of this ordinance. In addition, the City Clerk is hereby further ordered and directed to file in the Office ofthe County Clerk, in accordance with Section 27-75 ofthe Act, a certified copy ofthis ordinance on or prior to December 30, 2003, and the County Clerk shall thereafter extend for collection together with all other taxes to be levied by the City, the Services Tax herein provided for, said Services Tax to be extended for collection by the County Clerk for the tax year 2003 against all the taxable property within the Area, the amount of the Services Tax herein levied to be in addition to and in excess of all other taxes to be levied and extended against all taxable property within the Area. 15064 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 SECTION 15. Conflict. This ordinance shall control over any provision of any other ordinance, resolution, motion or order in conflict with this ordinance, to the extent of such conflict. SECTION 16. Publication. This ordinance shall be published by the City Clerk, in special pamphlet form, by preparing at least one hundred (100) copies thereof, which copies are to be made available in his office for public inspection and distribution to members of the public who may wish to avail themselves of a copy of this ordinance. SECTION 17. Effective Date. This ordinance shall take effect ten (10) days after its passage and publication. [Exhibit 2 refened to in this ordinance printed on page 15076 of this Journal] Exhibits 1, 3 and 4 referred to in this ordinance read as follows: Exhibit 1. (To Ordinance) Proposed Lakeview Special Service Area Number 8 Reconstitution. Legal Description. All that part ofthe northwest quarter ofSection 28, a part of the northeast quarter of Section 29 and a part of the southwest quarter of Section 2 1 , all in Township 40 North, Range 14, East ofthe Third Principal Meridian, bounded and described as follows: beginning at the intersection of the east line of Broadway with the south line of Comelia Avenue and running thence northeast along said south line of Comelia Avenue, a distance of 55.00 feet; thence southeast along a line parallel with said 12/17/2003 REPORTS OF COMMITTEES 15065 east line of Broadway to the south line of Stratford Place; thence northeast along said south line to a point which is 75.00 feet northeast of said east line of Broadway; thence southeast along a line parallel with said east line of Broadway, a distance of 125.00 feet; thence southwest along a straight line, a distance of 5.00 feet to the northeast comer of Lot 2 in Owner's Division; thence south along the east line of Lot 2, a distance of 115.30 feet to the north line of Hawthorne Avenue; thence south along a straight line to an intersection with the south line of said Hawthome Avenue, said intersection being 45.33 feet, as measured along said south line, northeast of said east line of Broadway; thence south along the east line ofthe west half of Lot 14 in B.F. McConnell's Subdivision to the north line of Lot 1 in Jones' Subdivision; thence east along the north line of Lots 1 and 2 in Jones' Subdivision to the northeast comer of said Lot 2, said northeast comer being 146.80 feet as measured along said line, east of the east line of Broadway; thence south along the east line of said Lot 2, a distance of 166.50 feet to the north line of Roscoe Street; thence southeast along a straight line to a point on the south line of Roscoe Street, said point being 53.00 feet east of the east line of Broadway; thence south, southeast and south along the east lines of the parcels of land having frontage along the east line of said Broadway, saiparcels identified as Permanent Index Number 14-21-310-001 and Permanent Index Number 14-21-310-020, to a point on the north line of Aldine Avenue, which point is 50.00 feet east of the east line of Broadway; thence west along said north line of Aldine Avenue 50.00 feet to said east line; thence south along said east line, a distance of 183.00 feet; thence east along a straight line, a distance of 100.00 feet; thence south along a straight line, a distance of 49.00 feet to the north line of Lot 5 in Adolph Schoeninger's Subdivision; thence east along said north line, a distance of 38.97 feet; thence south along a straight line, a distance of 41.75 feet; thence west along a straight line, a distance of 38.97 feet to a point which is 90.00 feet east ofthe east line of Broadway; thence south along a line which is 90.00 feet east of and parallel with said east line to the north line of Melrose Street; thence south to a point on the south line of Melrose Street, which point is 91.00 feet east ofthe east line of Broadway; thence south along a straight line, a distance of 100 feet; thence east along a straight line to the west line of the public alley 12.00 feet wide, which west line is 187.00 feet east of and parallel with said east line of Broadway; thence south along said west line ofthe public alley, a distance of 88.12 feet to the southeast comer of Lot 8 in Hamstrom's Subdivision; thence west along a straight line, a distance of 117.04 feet to a point which is 69.96 feet east of the east line of Broadway; thence south along a Une which is 69.96 feet east of and parallel with said east line, a distance of 209.00 feet to the south line of Belmont Avenue; 15066 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 thence east along said south line to a point which is 98.00 feet east of the east line of Broadway, said point being the northeast comer of Lot 8 in Kimball Young's Subdivision; thence south along the east line of said Lot 8 and its southward extension, a distance of 166.00 feet to the south line of the public alley, 16.00 feet wide; thence east along said south line to the west line of the public alley, 12.00 feet wide, which west line is 130.00 feet east of and parallel with said east line of Broadway; thence south along said west line of the public alley to the south line ofthe public alley, 16.00 feet wide; thence west along said south line to a point which is 50.00 feet east ofthe east line of Broadway; thence south along a line 50.00 feet east of and parallel with said east line, a distance of 127.00 feet to the north line of Briar Place; thence southeast along a straight line to a point on the south line of Briar Place, which point is 117.50 feet east of the east line of Broadway; thence south along a straight line, a distance of 135.00 feet; thence east along the north line of Lot 3 in Culver's Addition to the northeast of said Lot 3; thence south along the east line of said Lot 3, a distance of 78.00 feet; thence west along a straight line to a point which is 117.00 feet east of said east line of Broadway; thence south along a line 117.00 feet east of and parallel to said east line to the north line of Barry Avenue; thence southwest along a straight line to a point on the south line of Barry Avenue which point is 100.04 feet east ofthe east line of Broadway; thence south along a straight line, a distance of 184.00 feet to the south line of the public alley, 18.00 feet wide; thence west along said south line to a point which is 50.00 feet east ofthe east line of Broadway; thence south along a straight line, a distance of 166.00 feet to the north line of Wellington Avenue; thence southeast along a straight line to a point on the south line of Wellington Avenue which point is 58.00 feet east of said east line of Broadway; thence south along a straight line, a distance of 140.50 feet to the north line of the public alley, 16.00 feet wide; thence west along said north line, a distance of 11.00 feet; thence south along a line which is 47.00 feet east of and parallel with the east line of Broadway, a distance of 156.50 feet to the north line of Oakdale Avenue; thence southeast along a straight line to a point on the south line of Oakdale Avenue which point is 75.13 feet east of the east line of Broadway; thence south along a straight line, a distance of 83.00 feet; thence east along a straight line, a distance of 49.92 feet; thence south along a straight line, a distance of 114.00 feet; thence west along a straight line, a distance of 124.95 feet to the east line of Broadway; thence south along said east line, a distance of 263.00 feet to the south line of Surf Street; thence west along said south line, a distance of 33.00 feet to the northwest comer of Lot 14 in LeMojme's Subdivision; thence south along the west line of said Lot 14 and its southward extension, a distance of 246.00 feet; 12/17/2003 REPORTS OF COMMITTEES 15067 thence east along a straight line, a distance of 202.00 feet to the east line ofthe public alley, 16.00 feet wide; thence south along said east line, a distance of 110.00 feet to a point which is 106.00 feet north of the north line of Diversey Parkway; thence east along a line which is 106.00 feet north and parallel with said north line of Diversey Parkway to the east line of Cambridge Avenue; thence north along said east line to the south line ofthe public alley 14.00 feet wide, which south line is 150.00 feet north of said north line of Diversey Parkway; thence east along said south line ofthe public alley, a distance of 667.00 feet to the northeast comer of Lot 11 in the resubdivision of Block 1 of LeMojme's Subdivision; thence south along the east line of said Lot 11, a distance of 150.00 feet to the north line of Diversey Parkway; thence west along said north line, a distance of 1,251.60 feet to an intersection with the east line of Broadway; thence continuing west across said Broadway and Clark Street to the intersection of the west line of Clark Street and the north line of said Diversey Parkway; thence west along said north line of Diversey Parkway to the east line of Burling Street; thence north along said east line, a distance of 140.00 feet to the south line ofthe public alley 17.00 feet wide; thence east along said south line, a distance of 112.50 feet; thence southeast along a straight line to a point on the south line of a private alley, 12.00 feet wide, which point is 101.44 feet west ofthe west line of Orchard Street; thence along said south line ofthe private alley and also along the south line of Lot 2 in Abbott's Subdivision to the southeast comer of said Lot 2, said comer being 125.00 feet east ofthe east line of Orchard Street; thence north along the east line of said Lot 2, a distance of 40.00 feet to the northeast comer of said Lot 2; thence west along a straight line, a distance of 11.15 feet; thence north along a straight line, a distance of 49.00 feet; thence east along a straight line, a distance of 3.17 feet to the southwest comer of Lot 4 in Bickerdike and Steele's Subdivision; thence north along the west line of Lots 1 through 4, both inclusive, in said Bickerdike and Steele's Subdivision, a distance of 89.36 feet to the northwest comer of Lot 1 in said subdivision; thence west along the north line of Lot 7 in said subdivision, a distance of 51.50 feet to the southeast comer of Lot 19 in Raworth and Others' Subdivision; thence northwest along the east line of Lots 18 and 19 in said Raworth's Subdivision, a distance of 116.08 feet to the south line of Lot 7 in said subdivision; thence west along said south line, a distance of 7.07 feet to the east line of Orchard Street aforesaid; thence north along sadd east line, a distance of 210.26 feet to the south line of Lot 3 in Hammond and Crawford's Subdivision ofthe north 75 feet ofthe south 137 feet of Lot 12 of said Bickeridike and Steele's Subdivision of the west half of the northwest quarter 15068 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 of Section 28, Township 40, Range 14 East of the Third Principal Meridian; thence east along said south line of Lot 3 to the southeast comer thereof, the east line of said Lot 3 being also the west line of Clark Street; thence north along the west line of Clark Street to the southeast comer of Lot 12 in County Clerk's Division; thence west along the south line of said Lot 12 to the southwest comer thereof; thence northwest along the west line of said Lot 12 to the south line of Lot 4 in said County Clerk's Division; thence west along the south line of said Lot 4 tp the southwest comer thereof, said comer being 144.83 feet, as measured along said south line of Lot 4, west of the west line of Clark Street; thence north along the west line of said Lot 4 to an intersection with the south line of Lot 3 in said County Clerk's Division, said intersection being 122.00 feet, as measured along said south line, east of the east line of Burling Street aforesaid; thence northwest along a straight line to a point on the north line of said Lot 3, which point is 120.00 feet, as measured along said north line, east of said east line of Burling Street; thence west along said north line of Lot 3 to a point which is 92.78 feet, as measured along said line, east of said east line of Burling Street; thence north along a straight line, a distance of 40.90 feet; thence west along a straight line, a distance of 35.00 feet; thence north along a straight line, a distance of 7.00 feet; thence west along a straight line to the southeast comer of the parcel of property bearing Permanent Index Number 14-28-115054; thence north along the east line of said parcel of property bearing Permanent Index Number 14-28-115-054 to the southwest comer of Knocke and Gardner's Subdivision in Section 28, Township 40 North, Range 14 East ofthe Third Principal Meridian; thence northwest along the west line of said Knocke and Gardner's Subdivision to the northwest comer thereof; thence east along the north line of said Knocke and Gardner's Subdivision to the west line of Clark Street; thence northwest along the west line of Clark Street to a point on the north line of Oakdale Avenue, said point being also the southeast comer of Lot 16 in Hussander's Subdivision; thence west along the north line of Oakdale Avenue to the southwest comer of said Lot 16 in Hussander's Subdivision; thence northwest along the east line ofthe public alley 18.00 feet wide, to the northwest comer of Lot 22 in said subdivision; thence west along the north line of the public alley, 16.00 feet wide, and along the north line of Lot 1 in said Hussander's Subdivision to the east line of Halsted Street; thence south alongsaid east line of Halsted Street, a distance of 339.65 feet to the northwest comer of Lot 5 in Catlin's Subdivision; thence east along the north line of said Lot 5 to the west line ofthe public alley 16.00 feet wide; thence southeast and south along said west line to the south line of Lot 9 in the resubdivision of original Lot 15 in Bickerdike and Steele's Subdivision; thence west along said 12/17/2003 REPORTS OF COMMITTEES 15069 south line, a distance of 142.10 feet to said east line of Halsted Street; thence south along said east line, a distance 35.90 feet;^thence east along a straight line to the west line ofthe public alley 16.00 feet wide; thence south along the west line of said alley and along the west line ofthe public alley 20.00 feet wide, to the northeast comer of Lot 5 in L.A. Warner's Subdivision; thence west along the north line of said Lot 5, a distance of 140.00 feet to said east line of Halsted Street; thence south along said eastline, a distance of 25.00 feet t o t h e south line of said Lot 5; thence east along said south line, a distance of 140.00 feet to the west line of said public alley; thence south along said west line, a distance of 39.00 feet to the south line of the public alley, 14.00 feet wide; thence east along south line to the west line of Burling Street; thence south along said west line, a distance of 140.00 feet to the north line of Diversey Parkway; thence west along said north line, a distance of 485.00 feet to a point on said north line, which is 80.00 feet west of the west line of said Halsted Street; thence north along a line which is 80.00 feet west of and parallel to said west line, a distance of 132.00 feet; thence west along a straight line, a distance of 50.00 feet to the east line ofthe public alley, 16.00 feet wide; thence north along said east line to the northwest corner of Lot 23 of Block 1 of Woodland's Subdivision of the east half of Outlot 5 of Canal Trustees' Subdivision; thence east along the north line of said Lot 23 to a point which is 75 feet west of the west line of Halsted Street; thence north along a straight line to the south line of Wellington Avenue; thence east along the south line of Wellington Avenue to the west line of Halsted Street; thence north along the west line of Halsted Street to the northeast comer of Lot 3 in Canal Trustees' Subdivision of the east half of Section 29, Township 40 North, Range 14 East (except the north 4-20/100 acres) ofthat part of said lot which lies west ofthe Green Bay Road; thence west along the north line of said Lot 3 and its westerly extension to the east line of Lot 11 in Kraemer and Weber's Subdivision of the south half of Lots 7 and 8 (except the west 50 feet) of the south half of Lot 11 of Canal Tmstees Subdivision; thence north along said east line and its northerly extension to the south line of Barry Avenue; thence east along the south line of Barry Avenue to the southerly extension of the west line of the parcel of property bearing Permanent Index Number 14-29-206-061; thence north along said southerly extension and the west line ofthe parcel of property bearing Permanent Index Number 14-29-206061 to northwest comer thereof; thence west along the south Une of Lot 2 in Block 3 of Gehrke and Brauckmann's Subdivision of Outlot 1 of Canal Tmstees Subdivision to the southwest comer ofthe parcel of property bearing Permanent Index Number 14-29-206-057; thence north along the west line of said parcel of property bearing Permanent Index Number 14-29-206-057 to the north line of 15070 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 said Lot 2; thence west along said north line of Lot 2, a distance of 1.0 feet, more or less, to the southwest comer of the parcel of property bearing Permanent Index Number 14-29-206-056; thence north along the west line of said parcel of property bearing Permanent Index Number 14-29-206-056 to the south line of Fletcher Street; thence east along the south line of Fletcher Street to the east line of Clark Street; thence northwest along the east line of Clark Street to the south line of Belmont Avenue; thence east along the south line of Belmont Avenue to a point which is 125.00 feet east ofthe east line of said Halsted Street; thence south along a line which is 125.00 feet east of and parallel with said east line to a point which is 27.00 feet north of California Tenace, a private street; thence west along a straight line, a distance of 125.00 feet to said east line of Halsted Street; thence south along said east line a distance of 107.51 feet; thence east along the south line of Lot 1 in the resubdivision of part of Lot 21 in Oak Grove Addition, a distance of 73.00 feet; thence north along the east line of said Lot 1 a distance of 14.22 feet to the northwest comer of Lot 20 in Oak Grove Addition to Chicago; thence east along the north line of said Lot 20, a distance of 45.00 feet to the northeast comer of said Lot 20; thence south along the east line of said lot, a distance of 159.60 feet to a point on the north line of Bany Avenue, said point being 69.00 feet, as measured along said north line, east of the northeast line of Clark Street; thence southeast along a straight line to a point on the south line of said Barry Avenue, which point is 127.62 feet as measured along said south line, east of the northeast line of Clark Street; thence south along the west line ofthe public alley, a distance of 46.82 feet; thence southeast along the west line of the public alley, a distance of 150.00 feet; thence east along a straight line to a point which is 295.00 feet east of said northeast line of Clark Street; thence southeast along the west line of the public alley, 20 feet wide, a distance of 165.30 feet; thence west along the south line of Lot 10 in Knocke and Gardner's Subdivision, a distance of 80.00 feet; thence south along a straight line, a distance of 128.00 feet to the north line of Wellington Avenue; thence southeast along a straight line to a point on the south line of said Wellington Avenue, which point is 150.10 feet as measured along said south line, east of the northeast line of Clark Street; thence south, southeast and south along the west line of the public alley, 14.00 feet wide to the north line of Oakdale Avenue; thence southeast along a straight line to a point on the south line of Oakdale Avenue, which point is 214.61 feet, as measured along said south line, east of the northeast line of Clark Street; thence south along a straight line to the north line of the public alley, 14.00 feet wide; thence west along said north line to an intersection with the northward extension ofthe west line of Lot 2 in J o h n W. Foster's Resubdivision; thence south along said 12/17/2003 REPORTS OF COMMITTEES 15071 northward extension and along the west line of Lot 2, a distance of 145.52 feet to the north line of Surf Street; thence southeast; along a straight line to a point on the south line of Surf Street, said point being 117.40 feet as measured along said south line, east of said northeast line of Clark Street; thence south, southeast and south along the west line of the public alley to the south line of the public alley, 16.00 feet wide; thence east along said south line ofthe public alley to the east line ofthe public alley, 10.00 feet wide; thence north along said east line to a point on the south line of Surf Street aforesaid, which point is 115.00 feet as measured along said south line, west ofthe west line of Broadway; thence northeast along a straight line to a point on the north line of Surf Street, which point is 96.00 feet west of said west line of Broadway; thence north along a straight line to the north line ofthe public alley, 14.00 feet wide; thence west along said north line to a point which is 125.00 feet west of said west line of Broadway; thence north along a straight line, a distance of 48.68 feet to the south line of Oakdale Avenue; thence northeast along a straight line to a point on the north line of said Oakdale Avenue, which point is 100.00 feet west of said west line of Broadway; thence north along a line which is 100.00 feet west of and parallel with said west line to a point which is 72.50 feet north ofthe north line of the public alley, 14.00 feet wide; thence east along a straight line, a distance of 42.15 feet; thence north along a straight line, a distance of 9.00 feet; thence east along a straight line, a distance of 57.85 feet to a point on said west line of Broadway, which point is 50.00 feet south ofthe south line of Wellington Avenue; thence north along said west line of Broadway to the north line of Wellington Avenue; thence west along said north line, a distance of 100.00 feet; thence north along a straight line, a distance of 128.00 feet; thence west along the south line of Lot 3 in Block 5 of Knocke and Gardner's Subdivision, a distance of 90.00 feet to the east line ofthe public alley, 20.00 feet wide; thence north along said east line, a distance of 144.00 feet to the south line of Lot 8 in Noble's Subdivision; thence west along said south line to a point which is 220.00 feet west of said west line of Broadway; thence north along a straight line to a point on the south line of Lot 39 in Oak Grove Addition to Chicago; thence east along a straight line to the southwest comer of Lot 7 in said Noble's Subdivision, said comer being 150.00 feet west of said west line of Broadway; thence north along the west line of Lot 7 to the northwest comer of the lot; thence east along the north line of said Lot 7 to a point which is 89.79 feet west of said west line of Broadway; thence north along a straight line to a point on the south line of Barry Avenue; thence northwest along a straight line to a point on the north line of Barry Avenue, which point is 100.00 feet west of the west line of Broadway; thence north along a straight line, a distance of 57.25 feet; thence west along a 15072 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 straight line, a distance of 100.00 feet; thence north along the west line of Lots 1, 2 and 3 in said Noble's Subdivision to a point which is 32.00 feet south ofthe south line ofthe public alley 14.00 feet wide; thence east along a straight line, a distance of 12.00 feet; thence north along a straight line, a distance of 32.00 feet to said south line of the public alley; thence east along said south line to the east line ofthe public alley, 18.00 feet wide; thence north along said east line to the north line of Briar Place, being the southwest comer of Lot 10 in Hitchcock and Wilson Subdivision; thence east along the south line of Lot 10, 33.0 feet; thence north parallel with the west line of Lots 9 and 10 in said subdivision to the north line of Lot 9; thence west along said north line to the northwest comer of Lot 9 being on the east line ofthe public alley, 18.00 feet wide; thence north along said east line, said east line being 125.00 feet west of and parallel with said west line of Broadway to the south line of a public alley 14.0 feet wide, south of Belmont Avenue; thence west along said south line of the alley to the southeast comer of Lot 21 in said Hitchcock and Wilson Subdivision; thence north along the east line of said Lot 21 to the south line of Belmont Avenue; thence west along the south line of Belmont Avenue to the northeast comer of Lot 27 in said Hitchcock and Wilson Subdivision; thence south along the east line of said Lot 27 to the north line of the public alley south of Belmont Avenue; thence west along said north line of the alley to the east line of the public alley 14.0 feet wide, east of Halsted Street; thence north along said east line of the alley east of Halsted Street and its northerly extension to the north line of Belmont Avenue; thence west along the north line of Belmont Avenue to the southeast corner of the parcel of property bearing Permanent Index Number 14-29-313-052; thence north along the east line of said parcel of property bearing Permanent Index Number 14-29-313-052 to the northeast comer thereof; thence west along the north line of said parcel of property bearing Permanent Index Number 14-29-313-052 to the west line of Halsted Street; thence north along the east line of Halsted Street to the south line of a public alley north of Belmont Avenue; thence east along said south line of a public alley north of Belmont Avenue to the southerly extension of the west line of Lot 3 in Sander's Subdivision; thence north along the west line of Lots 1, 2 and 3 in said Sander's Subdivision to a point which is 7.24 feet north ofthe north line of said Lot 2; thence east along a line which is 7.24 feet north of and parallel with said north line of Lot 2 to a point which is 39.50 feet west of said west line of Broadway; thence north along a straight line to the north line of Melrose Street; thence west along the north line of Melrose Street to the west line of the parcel of property bearing Permanent Index Number 14-21-311-056; thence north along said west line of the parcel of property bearing Permanent Index 12/17/2003 REPORTS OF COMMITTEES 15073 Number 14-21-311-056 to the northwest comer thereof; thence east along the north line of said parcel of property bearing Permanent Index Number 14-21311-056 to the southwest comer of the parcel of property bearing Permanent Index Number 14-21-311-030; thence north along the west line of said parcel of property bearing Permanent Index Number 14-21-311-030 and its northerly extension to the north line of Aldine Avenue; thence west along said north line, a distance of 50.00 feet; thence north along a straight line, a distance of 125.00 feet; thence west along a straight line, a distance of 50.00 feet to the east line ofthe public alley, 16.00 feet wide; thence north along said east line a distance of 16.60 feet; thence east along a straight line, a distance of 50.00 feet; thence north along a straight line, a distance of 125.00 feet to the south line of Buckingham Place; thence east along said south line, a distance of 50.00 feet to an intersection with the southeast prolongation of the west line of Broadway; thence northwest along said west line of Broadway to the southeast comer of Lot 2 in Clark and McConnell's Addition to Lakeview; thence southwest along the south line of said Lot 2, a distance of 151.30 feet to the southwest comer of said lot; thence northwest along the west line of said Lot 2, a distance of 50.25 feet to the northwest comer of said lot; thence north along the east line of Lot 31 in said Clark and McConnell's Subdivision to a point which is 89.30 feet south of the south line of Roscoe Street; thence east and north along straight lines and east and northeast along a curved line and also north along a straight line, said lines being the boundary line ofthe parcel identified as Permanent Index Number 14-21-308-058 to a point on the south line of Roscoe Street; thence east along said south line, a distance of 45.05 feet to the west line of said Broadway; thence northwest along a straight line to the point of intersection of the north line of Roscoe Street with the west line of Broadway; thence west along said north line of Roscoe Street, a distance of 67.50 feet; thence north along a straight line to apoint on the south line of Lot 4 in E.J.M. Hale's Subdivision of Block 15, which point is 61.47 feet, as measured along said south line, west of said west line of Broadway; thence west along the south line of said Lot 4 to the southwest comer of said lot; thence northwest along the west lines of Lots 1 , 2 , 3 and 4 in said E.J.M. Hale's Subdivision to the northwest comer of said Lot 1; thence west along the south line of Lot 6 in Anna P. Colehour's Subdivision to a point on said south line which is 38.50 feet east of the southwest comer of said lot; thence north along a line which is 38.50 feet east of and parallel with the west line of Lots 5 and 6 in said Anna P. Colehour's Subdivision to the north line of said Lot 5; thence west along said north line of Lot 5, a distance of 38.50 feet to the northwest comer of said lot; thence north along the west line of Lots 3 and 4 in said Colehour's Subdivision, a distance of 64.46 feet to a point on the west line 15074 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 of said Lot 3; thence east along a straight line to the southwest comer of Lot 2 in Waller and Beckwith's Resubdivision, said northwest comer being 11.50 feet, as measured along the south line of said Lot 2, west of the west line of Broadway; thence north along the west line of Lots 1 and 2 in said Waller and Beckwith's Resubdivision and its northerly extension to the north line of Comelia Avenue; thence west along the north line of Comelia Avenue to the southeast comer of Lot 3 in Emil Meyer's Subdivision of Lot 6 of Hamilton and Howe's Subdivision; thence northwest along the west line of said Lot 3 and Lots 2 and 1 to the southeast line of Lot 5 in said Emil Meyer's Subdivision; thence southwest along said southeast line of Lot 5 to the southwest comer thereof; thence northwest along the southwest line of said Lot 5 and Lot 4 in said Emil Meyer's Subdivision to the northwest comer of said Lot 4; thence northeast along the north line of said Lot 4 to the west line of Broadway, thence north along the west line of Broadway to the north line of Addison Street; thence west along the north line of Addison Street to the southeast comer of Lot 11 in Block 9 of Hundley's Subdivision of Lots 3 to 21 and 33 to 37 of Pine Grove Subdivision; thence north along the west line of said Lot 11 and Lots 1 to 10 in said Hundley's Subdivision to the south line of Waveland Avenue; thence west along the south line of Waveland Avenue to the southerly extension of the west line of Lot 6 in Bradley's Subdivision of Block 4 of Hundley's Subdivision; thence north along the west line of said Lot 6 to the south line of Lot 4 in said Bradley's Subdivision; thence west along said south line of Lot 4 to the east line of Halsted Street; thence north along Halsted Street to the northwest comer of Lot 3 in said Bradley's Subdivision; thence east along the north line of said Lot 3 to the west line of Broadway; thence north along the west line of Broadway to the east line of Halsted Street; thence north along the east line of Halsted Street to the south line of Grace Street; thence east along the south line of Grace Street to the east line ofthe parcel of property bearing Permanent Index Number 14-21-105-004; thence south along said east line and its southerly extension to the northeast comer of Cookson's Subdivision of Lots 8 and 9 of Block 5 of Hundley's Subdivision; thence southwest along the north line of said Cookson's Subdivision to the east line of the parcel of property bearing Permanent Index Number 14-21-105-017; thence south along the east line of said parcel of property bearing Permanent Index Number 14-21-105-017 to the southeast comer thereof; thence southwest along the south line of said parcel of property bearing Permanent Index Number 14-21-105-017 to the east line ofthe parcel of property bearing Permanent Index Number 14-21-105-018; thence south along the east line of said parcel of property bearing Permanent Index Number 14-21-105-018 to the east line of the parcel of property bearing Permanent Index 12/17/2003 REPORTS OF COMMITTEES 15075 Number 14-21-105-019; thence south along the east line of said parcel of property bearing Permanent Index Number 14-21-105-019 and its southerly extension to the south line of Waveland Avenue; thence east along the south line of Waveland Avenue to the northeast comer of the parcel of property bearing Permanent Index Number 14-21-108-018; thence southeast along the east line of said parcel of property bearing Permanent Index Number 14-21-108-018 and its southerly extension to the north line of Lot 7 in the subdivision of Lots 3, 4, 5, 10, 11 and 12 of Block 8 of Hundley's Subdivision; thence southwest along said north line to the northeast comer of Lot 8 in said subdivision of Lots 3 , 4 , 5, 10, 11 and 12 of Block 8 of Hundley's Subdivision; thence southeast along the east line of sadd Lot 8 and its southeasterly extension and along the east line of Lot 11 in said subdivision of Lots 3, 4, 5, 10, 11 and 12 of Block 8 of Hundley's Subdivision to the north line of Circuit Court Partition of Lots 6 and 9 of Block 8 of Hundley's Subdivision; thence southwest along said north line of Circuit Court Partition to the northeast comer of the parcel of property bearing Permanent Index Number 14-21-109-009; thence southeast along the east line of said parcel of property bearing Permanent Index Number 14-21-109-009 and its southerly extension to the south line of Addison Street; thence east along the south line of Addison Street to the east line of the parcel of property bearing Permanent Index Number 14-21-301 -001; thence southeast along said east line to the northwest line ofthe parcel of property bearing Permanent Index Number 14-21-301-003; thence northeast along said northwest line of the parcel of property bearing Permanent Index Number 14-21-301-003 to the northeast corner thereof; thence southeast along the northeast line of said parcel of property bearing Permanent Index Number 14-21-301-003 to the southeast comer thereof; thence southwest along the southeast line of said parcel of property bearing Permanent Index Number 14-21-301-003 to the northeast comer of the parcel of property bearing Permanent Index Number 14-21-301004; thence southeast along the northeast line of said paircel of property bearing Permanent Index Number 14-21-301 -004 to the southeast corner thereof; thence southwest along the southeast line of said parcel of property bearing Permanent Index Number 14-21-301-004 to the northeast comer ofthe parcel of property bearing Permanent Index Number 14-21-301-005; thence southeast along the northeast line of said parcel of property bearing Permanent Index Number 14-21 301-005 to the north Une of Cornelia Avenue; thence west along the north line of Comelia Avenue to the east line of Broadway; thence south along the east line of Broadway to the point of beginning; all in Cook County Illinois. 15076 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Exhibit 2. (To Ordinance) Greater Lakeview East Special Service Area Number 8. MELROSE WOLFRAM DIVERSEY 12/17/2003 REPORTS OF COMMITTEES 15077 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 1 of 6) L«t. ^Si ll ||4 b 1' il4 r Is r h la 13 -003' - 004 14 • 21 - 104 • 21 - 104 - 21 - 104 • 21 - 104 14 14 • 21 21 - 001 14 21 - 21 - 105 105 105 14 r 14 21 IIO 14 14 14 14 21 21 21 III |l2 Il3 I|4 lis 16 31 32 33 34 35 36 37 .38 39 40 41 42 43 |44 145 46 47' ' 149 ,50 lil Ow^. " I53 006 - 007 EW 14 14 • 21 - 308 309 - 21 310 - 21 310 - 21 - 002 003 - 004 56 14 14 14 14 I57 14 58 14 006 007 Is9 |60 14 14 008 017 Ul 14 21 U2 14 63 |64 14 14 14 21 21 54 I55 OIB - 020 . 030 311 - 056 21 312 - 002 21 21 312 313 - 020 033 21 313 313 - 036 - 037 313 - 038 313 313 039 14 14 14 14 21 21 21 21 21 017 018 019 021 73 14 14 14 14 14 14 14 21 21 21 21 21 21 21 107 108 108 108 109 109 022 018 I74 14 14 75 176 14 14 21 21 I77 I78 I79 14 14 14 21 21 28 OOI 80 14 14 14 14 14 21 21 301 301 004 005 81 301 301 302 14 14 14 14 302 302 302 304 022 14 14 14 14 14 14 14 14 21 21 21 21 21 21 21 21 21 21 21 304 304 304 304 019 030 016 020 020 1 1 1 1 1 021 1 024 025 012 024 025 029 032 - OOI 001 . 017 . 016 . 034 14 308 - 308 - 308 053 054 - 055 1 " Us 169 ho 003 305 306 - 306 • 307 - 307 21 - 21 . 21 166 021 001 009 14 14 21 14 - 21 14 . 21 14 - 21 14 14 Us 031 032 1 1 1 1 r72' 82 83 84 85 86 87 88 89 14 14 14 14 14 14 14 14 14 14 14 . 091 - 052 • OOI 311 - 21 21 107 107 107 107 107 14 14 14 21 29 30 105 105 ^ 105 105 105 105 107 n 22 23 24 25 26 27 105 105 105 r 21 21 21 21 21 21 14 14 14 18 " p21 105 1 21 313 313 313 041 043 044 045 21 313 046 21 21 313 047 049 21 21 21 21 21 21 21 313 313 313 313 313 313 314 314 314 051 053 066 068 069 - 001 004 100 023 - OOI 28 100 002 21 28 100 100 003 004 21 100 100 005 006 100 008 Oil 28 28 28 28 28 28 28 28 100 100 100 90 91 U 14 14 92 93 .94 14 14 14 !95 196 14 28 28 28 28 97 14 14 2« 28 100 100 98 99 100 14 - 28 14 28 14 28 . 100 . 100 101 100. 100 100 100 100 100 100 012 013 015 037 037 037 1001 1002 1003 1 037 1004 1 037 037 037 1005 1 037 1008 1 1009 1 037 037 001 1006 1007 1010 15078 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 2 of 6) 1 EM \io\ 102 103 104 105 106 107 108 109 110 111 112 113 114 IIS 116 117 118 119 120 121 14 14 28 28 ||4 14 • 28 14 14 14 14 14 14 14 14 14 28 28 28 28 14 14 I2S 126 14 101 101 101 029 101 101 101 28 28 28 28 28 28 28 101 101 28 28 101 101 102 28 28 28 28 28 28 28 14 14 14 . 101 101 101 101 101 101 101 101 101 101 28 28 28 14 14 14 14 14 128 129 28 14 14 14 14 122 123 124 127 |ONM. 102 102 102 104 104 104 104 009 1 "^ 14 • a . 012 ||52 jl53 14 14 14 - - 028 030 031 033 035 035 035 035 035 035 038 038 038 039 039 039 .039 154 Il56 157 1001 Il38 1002 |l59 1003 1160 1004 Il61 Il62 1005 1006 ||63 1001 |l64 1002 I6S 166 167 1003 1001 1002 1003 1004 001 007 Il71 0O8 Il73 013 OOI 002 003 14 130 14 28 131 132 14 14 28 28 i133 14 28 104 079 134 14 14 28 081 28 104 104 183 1>4 082 185 28 28 104 104 083 084 186 137 14 14 187. 138 14 28 104 139 14 14 28 28 104 105 105 085 087 188 189 001 190 [136 140 141 142 143 144 145 146 147 14 14 14 28 28 14 14 ||S0 14 076 077 |l80 104 078 IS2 105 002 023 llSI 191 001 107 107 107 107 002 003 026 027 107 059 061 28 28 28 28 . 108 IIO 110 110 IIO 110 28 28 28 110 IIO IIO 110 IIO 14 14 14 28 28 IIO IIO 28 14 14 28 28 14 14 28 no no no no no no no nc no no no no no no 28 28 14 14 28 14 28 14 28 OOI 195 14 28 28 28 28 28 106 106 106 002 14 28 003 004 196 197 14 28 |198 14 28 - 28 106 106 005 006 199 14 I2OO 14 . 28 28 28 OIS 015 017 017 017 017 017 IIO IIO IIO IIO 110 110 28 28 28 28 28 14 14 001 002 003 004 108 108 28 28 28 14 14 14 14 079 080 107 108 108 28 28 28 28 28 28 28 28 28 048 049 • 107 107 28 28 28 28 105 105 106 28 28 14 14 149 104 104 179 107 192 193 194 14 14 148 104 - 014 28 28 14 14 14 14 174 178 - 013 14 14 14 14 14 175 176 177 055 056 106 - 106 14 14 172 007 28 14 14 14 14 14 14 14 14 168 169 170 - 106 - 28 14 14 14 14 ||S5 28 28 Il35 J PIS • SI - no 1002 1003 1004 1005 017 1006 on 1007 017 017 017 017 017 017 1008 017 1014 017 017 017 017 1015 1 017 1019 017 1020 017 1021 017 017 1022 1009 1010 1011 1012 1013 1016 1017 1018 1 017 017 1023 1024 1025 1026 1027 1028 1029 017 1030 1 017 017 1031 017 017 017 017 . 1001 1 1 1 1 1 1 1 1032 1 12/17/2003 REPORTS OF COMMITTEES 15079 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 3 of 6) i 1 loMit. HH> 1 boi 14 28 i|4 ' - 28 14 '21 302 203 204 bos 14 14 I206 ,14 I207 14 14 14 I208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 I235 236 237 238 239 • 28 J - IIO 28 IIO 28 IIO 017 017 017 no 017 017 017 017 017 28 14 28 14 14 14 14 14 14 14 14 28 28 14 14 14 14 14 14 14 14 242 14 14 14 14 240 241 - IIO 14 14 14 14 14 14 14 28 110 28 28 no no 28 28 28 110 28 28 28 28 28 28 28 28 28 28 28 14 M 14 28 28 28 1246 I247 14 28 14 14 28 14 28 - 28 1 14 110 28 28 28 28 28 28 28 28 243 249 250 110 no no no no no no no no no no no no no no no no 28 2B 28 '7+1 |245 1248 oii< 017 017 28 28 28 28 14 14 14 14 14 - IIO IIO 28 no no no no no no no no no no no no no no III 111 111 in 017 017 017 017 017 017 017 017 017 017 017 017 017 017 017 017 017 017 on 017 017 017 017 017 017 017 017 017 017 017 017 017 001 004 022 044 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 104S 1046 1047 1048 1049 1050 lOSl 1052 1053 1044 1055 1056 1057 I0S8 1059 1060 1061 1062 1063 1064 ll.' |0M8tt, IBW bsi \\4 14 - 21 - 28 . Ill Ill 14 14 14 14 14 . 28 - 28 - Ill - Ill Ill 1232 I2S3 I254 hss 1256 1257 14 1258 J259 I26O 14 14 14 14 1261 I262 I263 - 28 - 28 - 28 - 28 28 28 28 - Ill • 111 - Ill Ml 111 111 28 28 111 . 112 264 26S 28 28 112 114 266 267 28 28 28 114 114 14 I268 269 270 I271 272 1273 274 28 28 28 28 28 28 275 276 277 114 114 114 - 050 - 053 - 0S6 • . 056 036 036 056 . 036 - 056 - 056 - 056 - 036 OIS 016 017 28 114 28 114 018 019 1278 I279 28 28 28 114 114 114 059 064 210 28 114 114 114 28 1068 1069 286 28 28 28 28 28 1070 1071 1072 1073 1074 288 289 290 1075 287 28 28 291 28 28 28 292 28 293 294 28 28 28 295 296 297 111 111 045 046 298 299 111 - 047 I3OO 115 lis 115 064 064 064 002 024 -026 041 - 042 lis lis • 043 . 044 045 046 lis lis - lis 115 . 116 116 . 116 28 - 116 . 116 - 117 28 28 020 115 28 28 1 lis 119 - 1009 - 1010 OII 114 114 114 282 213 214 285 - 1008 009 008 009 OIO 012 013 014 281 - lOOS - 1006 - 1007 - 001 114 1065 1066 1067 - 1001 - 1002 - 1003 - 1004 . 048 0S9 . OOI OIO 018 . 019 031 028 - OOI • 1001 - 1002 - 1003 - 1004 1 1 15080 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 4 of 6) i em 1 .• o«t. EM, 301 14 14 14 14 302 303 304 30S 306 307 14 14 14 14 14 308 309 310 311 312 313 314 . 313 •' 316 317 318 319 320 321 322 323 324 323 326 327 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 28 28 28 28 28 28 28 28 28 28 28 28 28 28 28 28 28 28 28 119 119 002, 119 119 119 119 013 014 Oli 119 119 on 353 356 357 018 019 024 338 359 360 025 031 03: 033 034 361 119 119 119 119 119 119 119 119 119 119 119 28 28 28 28 28 119 28 28 119 119 119 119 119 119 119 016 330 331 14 14 28 120 120 28 120 OIS 332 14 28 120 333 334 14 14 14 28 28 120 019 020 021 337 338 339 340 341 14 14 14 14 14 14 002 003 030 120 28 120 120 120 120 033 037 120 14 14 14 28 28 28 120 120 345 346 347 14 14 14 28 28 28 120 120 120 348 14 28 120 349 350 14 14 28 120 120 28 382 383 384 383 386 029 120 342 343 344 378 379 380 381 017 28 28 28 28 28 372 373 374 375 376 377 045 046 28 28 28 370 371 043 044 28 333 336 368 369 042 14 120 120 365 366 367 038 039 040 041 14 120 362 363 364 035 036 037 328 329 14 351 352 333 354 008 038 039 039 387 388 389 1001 1002 039 039 1004 039 039 1006 1003 1005 390 391 392 393 394 14 14 14 14 14 14 . 120 . 039 . . 120 . 039 - 1013 - 120 . 039 - 1014 - 120 - 039 - 1015 1016 . 14 14 . . 14 14 14 14 14 . 14 14 14 14 14 14 14 14 14 . 039 . . 039 - ion 120 . 039 . 039 1019 . 039 102O 120 041 120 120 120 121 121 121 121 042 043 0A4 . 040 001 002 004 005 006 003 019 DOB 009 OIO 123 123 123 14 14 14 on 12.1 14 14 14 12! 123 123 123 14 14 123 14 14 I2J 123 123 123 28 14 1' 14 28 14 14 28 14 28 14 14 28 28 14 14 14 28 28 28 012 013 016 016 016 1001 016 1004 016 016 1005 016 016 1002 1003 1006 1007 lOOB 016 016 016 ION 016 . 1012 123 123 016 1013 016 1014 123 016 1015 . 016 016 1016 • 1018 1020 123 123 123 . 1018 120 120 120 122 123 123 14 14 (4 120 120 121 12; 28 1012 123 123 1009 IOIO 1017 039 1007 . 123 016 016 039 039 1008 395 396 397 14 28 . 123 016 1009 398 14 28 • 123 . 016 1021 039 IOIO 399 14 28 . 123 . 016 . 1022 039 1011 400 14 28 • 123 . 016 1023 28 123 1019 15081 REPORTS OF COMMITTEES 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 5 of 6) 1 OMOt^ . 401 402 403 404 405 i406 [407 |408 |409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 CiMBtt,. tiK 28 28 113 123 01* 016 1014 28 28 123 016 1026 123 016 016 1028 123 123 28 28 28 28 28 123 123 123 123 123 123 123 28 28 28 28 28 123 123 28 28 28 28 123 123 123 123 28 28 28 28 28 28 28 28 28 28 28 28 28 28 28 016 016 1031 1030 1032 016 016 016 1033 016 016 016 1036 1034 1035 1037 1038 016 016 016 016 123 123 123 123 123 016 016 016 016 016 1048 123 123 123 123 123 123 123 • 1029 123 123 123 123 123 123 123 123 28 28 016 016 1039 123 28 28 28 28 28 1027 016 016 016 016 016 123 123 28 28 28 28 1025 123 123 123 123 016 016 016 !." Em • 28 - 123 . 016 452 453 434 - 28 - 123 - 016 1075 • 28 • 123 • 016 1076 28 • 123 016 1077 455 28 28 123 123 1078 28 28 123 123 016 016 016 016 28 28 28 123 123 i456 [457 458 459 460 461 462 463 464 465 466 467 470 471 28 28 1045 1046 473 474 28 28 28 1047 1050 475 476 477 1051 478 1049 1052 479 1053 480 411 1054 205 205 1062 1063 1064 016 1066 016 016 016 1067 1065 29 29 492 493 494 29 205 495 496 497 29 29 012 - 018 056 057 206 - . 214 . 123 123 016 016 1070 1071 498 29 2B 28 123 123 016 1072 29 016 1073 499 500 29 29 015 016 on 29 28 1069 003 29 448 1068 X2 003 205 205 206 206 29 29 29 214 218 061 OOI 002 030 031 . 218 . 218 037 2lfl . 037 218 1091 1092 022 029 001 013 014 29 1089 1090 1094 on 486 487 1088 1093 203 205 1059 1085 016 019 008 009 205 1084 016 29 29 29 29 016 016 1087 205 205 485 488 419 490 491 1086 016 016 29 1038 1061 016 203 205 016 016 016 016 016 016 1060 1082 1083 29 29 1057 1081 020 021 124 124 1056 1080 016 016 016 124 205 203 28 28 28 [450 123 123 124 124 016 016 1079 016 016 016 016 123 123 482 483 484 1055 1074 016 28 28 29 29 445 446 447 449 123 123 123 28 472 1043 123 28 28 1044 1042 123 123 123 28 28 468 469 1041 ; I45I 28 28 28 1040 • . 032 . 1001 . 100; 1 JOURNAL-CITY COUNCIL-CHICAGO 15082 ,. 1 2 / 1 7 / 2 0 0 3 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 6 of 6) OMIt, 501 502 403 504 303 306 307 508 509 510 511 512 513 514 515 516 sn 318 i." m 14 • Gl«i«t, EIK. - 29 - 218 . 037 - 1003 355 14 14 14 14 14 14 - 29 - 218 • 037 . 14 - 1005 336 357 14 14 14 14 14 14 14 14 14 14 14 - 218 . 29 - 037^ 1004 - 29 . 218 . 037' . 1006 358 - 29 - 218 . 037 - 1007 - 29 - 218 • 037 - 1008 . 29 - 218 - 037 - 1009 359 360 361 - 29 - 218 . 037 . . 29 - 218 - 037 - 1011 IOIO - 218 . 037 - 1012 . 29 - 218 - 037 - 1013 . 29 - 218 - 037 . 1014 . 29 . 218 - 037 . 1015 29 29 29 - 222 - 036 . 222 . 036 1002 222 036 1003 29 29 29 222 222 222 • 036 1004 1005 29 29 222 222 222 036 036 036 036 036 222 222 222 222 036 036 036 036 . 29 1001 562 563 364 14 14 14 S63 566 567 14 14 14 14 14 14 29 29 29 29 29 29 571 572 573 574 14 14 29 29 29 29 575 576 577 14 14 14 14 14 14 14 14 568 569 570 520 521 522 14 14 S23 524 14 29 29 14 14 14 14 14 29 29 29 29 29 222 222 036 036 1014 29 29 29 222 222 222 036 036 036 1016 531 14 14 14 532 533 534 14 14 14 29 29 222 222 036 036 1019 1020 583 S86 587 1021 588 325 526 527 528 529 330 535 536 537 14 29 - 222 036 29 - 222 - 036 29 222 036 29 - 222 036 1006 1007 1008 1009 IOIO 1011 1012 1013 1015 1017 1018 - 29 - 222 . 036 • 1026 540 29 - 222 036 . 1027 546 547 29 - 222 036 • 1028 29 - 222 056 • 1029 29 - 222 - 036 29 - 222 036 . 1031 • 1032 - 29 - 222 • 036 14 29 - 222 • 036 - 1030 1033 29 - 222 - 036 • 1034 S48 29 - 222 036 - 103S 349 350 29 . 222 . 036 - 1036 29 - 222 - 036 - 1037 SSI 552 553 354 29 - 222 • 036 • 1038 29 - 222 036 29 . 222 • 036 - 1040 • 222 • 036 - 29 - 1039 1041 226 226 226 226 226 226 226 226 226 226 226 226 226 226 226 226 .226 226 226 226 226 226 226 1043 036 029 032 049 049 1044 1001 1002 049 049 049 1003 1004 1005 049 049 049 049 049 1006 049 049 049 049 049 049 ion 049 049 1017 050 OSO 050 050 1001 1007 1008 1009 IOIO 1012 1013 1014 1015 1016 1018 1002 1003 1004 lOOS OSO 030 050 1011 1014 226 OSO 050 226 226 OSO 030 1016 226 230 230 050 1018 028 030 14 14 14 29 226 226 226 29 29 29 226 226 226 29 29 29 14 . 1042 036 050 050 050 050 OSO 050 29 29 14 14 • 1025 226 226 226 226 226 14 14 593 594 - 036 29 29 29 29 222 29 29 29 29 14 - 222 29 29 29 036 222 222 14 14 14 392 29 14 382 583 584 14 14 1024 538 539 341 342 543 544 543 578 579 580 381 14 14 589 490 391 1022 1023 - 14 14 29 29 29 29 29 29 14 14 14 .519 14 29 29 29 • 29 1006 1007 1008 1009 IOIO 1012 1013 1015 1017 595 596 597 14 29 14 14 29 29 598 599 14 29 230 031 14 29 230 6O0 601 14 14 14 29 29 230 29 230 230 032 039 040 14 14 - 29 - 230 - 29 230 040 14 29 230 . 040 - 1005 - 230 - 1006 IOIO 602 603 604 603 606 607 608 1001 040 040 14 29 14 14 29 230 040 040 . 29 - 230 . 040 1002 1003 . • 1004 1009 12/17/2003 ' REPORTS OF COMMITTEES 15083 Exhibit 4. (To Ordinance) Agreement For Special Service Area Number 8 Between The City Of Chicago (Represented By The Special Service Area Commission) And Lake View East Chamber Of Commerce Effective January 1, 2004 Through December 31, 2005. This Agreement for the hianagement of Special Service Area Number 8 is entered into by and between the Lake View East Chamber of Commerce, an Illinois not-for-profit corporation ("Contractor"), and the City ofChicago ("City"), a municipal corporation and home rule unit oflocal govemment existing under the Constitution ofthe State oflllinois, acting through the Special Service Area Commission at Chicago, Illinois. RECITALS WHEREAS, special service areas may be established pursuant to Article VII, §§ 6(1) and 7(6) ofthe Constitution ofthe State oflllinois, and pursuantto the provisions ofthe Special Service Area Tax Law, 35 ILCS 200/27-5 et seq.; and WHEREAS, the City Council of the City of Chicago ("City Council") has established a special service area known and designated as "Special Service Area Number 8" ("Area"), to provide special services in addition to those services provided generally by the City ("Special Services"). The City Council has fiirther authorized the levy of an annual ad valorem reai property tax in the Area sufficient to produce revenues required to provide those Special Services but not to exceed 0.41 % ofthe equalized assessed value ofall property within the Area ("Service Tax"), all as provided in the Establishment Ordinance (hereinafter defined); and WHEREAS, the City Council on , 2003 authorized the levy ofthe Service Tax and appropriation ofthe funds therefrom for the Area for fiscal year 2004 for the provision ofthe Special Services in the Area; and the City wishes to provide that the Contractor, beginning on January 1, 2004, and continuing until December 31, 2004, may use those funds to provide the Services, subject lo the terms and conditions ofthis Agreement; and WHEREAS, the Contractor and the City desire to enter into this Agreement to provide such Special Services in the Area and the Contractor is ready, willing and able to enter into this Agreement to provide the Special Services to the full satisfaction ofthe City; NOW, THEREFORE, in consideration ofthe mutual promises contained in this Agreement, the City and the Contractor agree as follows: 15084 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 ARTICLE! INCORPORATION OF RECITALS The recitals set forth above are incorporated by reference as if fully set forth herein. ARTICLE 2 DEFINITIONS The following words and phrases shall have the following meanings for purposes ofthis Agreement: "Agreement" means this Special Service Area Agreement, including all exhibits attached to it and incorporated in it by reference, and all amendments, modifications or revisions made in accordance with its terms. I "Commissioner" means the Commissioner ofthe Department of Plarming and Development or his duly authorized representative. "Construction" means landscaping, building activities, including but not limited to, physical building improvements, installations, and otherfixedworks, but does not include pre-development work (design and preparation of specifications). "Days" means business days in accordance with the City ofChicago business calendar. "Department" means the City ofChicago Department of Planning and Development. "Establishment Ordinance" means, the ordinance enacted by City Council on • , 2003 and any subsequent amendments thereto authorizing imposition of the Service Tax and setting forth the Special Services to be provided in the Area. "Risk Management Division" means the Risk Management Division ofthe Department of Finance which is under the direction ofthe Comptroller ofthe City and is charged with reviewing and analyzing insurance and related liability matters for the City. "Security Firm" means a business entity certified by the State of Illinois pursuant to the Private Detective, Private Alarm and Private Security Act of 1993, 225 ILCS 446/1 et seq.. and whose employees are licensed by the State oflllinois. "Services" means, collectively, the services, duties and responsibilities described in Article 3 and Exhibit 1 (Scope of Services) ofthis Agreement and any revisions thereof and any and all work necessary to complete them or carry them out fiilly and to the standard of performance required in this Agreement. "Service Tax Funds" means the amount actually collected pursuant to the Service Tax. 12/17/2003 REPORTS OF COMMITTEES "Special Service Area Commission ('SSAC')" means the body established pursuant to the Establishment Ordinance to prepare the Budget, identify a Contractor and supervise the provision ofthe Special Services in the Area. "Subcontractor" means any person or entity with whom Contractor contracts to provide any part ofthe Services, including subcontractors ofany tier, subconsultants ofany tier, suppliers and materialmen, whether or not in privity with the Contractor. "Surplus Funds" means those Service Tax Funds already collected and disbursed to the Contractor in prior years for the provision of Special Services in the Area which remain unspent, including any interest eamed thereon. ARTICLE 3 DUTIES AND RESPONSIBILITIES OF CONTRACTOR 3.01 Scope of Services The Services which the Contractor shall provide during the first year of this Agreement include, but are not limited to, those described in this Article 3 and in Exhibit 1 which is attached hereto and incorporated by reference as if fully set forth herein. The SSAC reserves the right to require the Contractor to perform revised services which are within the general scope of services of this Agreement and ofthe Special Services identified in the Establishment Ordinance subject to the same terms and conditions herein. Revised services shall be limited to changes or revisions to the line items in the Budget, shall not affect the maximum compensation, and shall require the prior written approval of the SSAC. The SSAC may by written notice to the Department and the Contractor delete or amend the figures contained and described in the Budget attached hereto as Exhibit 2 and incorporated by reference as if fully set forth herein. The Contractor shall provide the Services in accordance with the standards of performance set forth in Section 3.02. Prior to the second year ofthis Agreement, and no later than the deadline established by the Department, the SSAC, in consultation with the Contractor, must prepare and submit to the Department a proposed Budget and Scope of Services for that year, comprised of services authorized in the Establishment Ordinance, for the approval ofthe Commissioner. Ifthe parties agree on the Scope of Services and the Budget for that year, this Agreement will be amended to include such budget and scope of services. If the parties do not agree and an amendment is not executed, this Agreement will terminate at the end of the first year of this Agreement. 3.02 Standard of Performance The Contractor shall perform all Services required of it with that degree of skill, care and diligence normally shown by a contractor performing services of a scope, purpose iand magnitude comparable with the nature of the Services to be provided hereunder. The Contractor shall at all times use its best efforts on behalf of the City to assure timely and satisfactory rendering and completion of its Services. 15085 15086 JOURNAL-CITY COUNCIL-CHICAGO The Contractor shall at all times act in the best interests of professional obligations assumed by it in entering into this Agreement. all Services in accordance with the terms and conditions of this satisfaction ofthe SSAC. The Contractor agrees to fumish efficient supervision to render and complete the Services at reasonable cost. 12/17/2003 the City consistent with the The Contractor shall perfonn Agreement and to the full business administration and The Contractor shall assure that all Services which require the exercise of professional skills or judgment shall be accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. The Contractor shall remain responsible for the professional and technical accuracy ofall Services provided, whether by the Contractor or its Subcontractors or others on its behalf Ifthe SSAC determines that the Contractor has failed to comply with the foregoing standards, the Contractor shall perform again, at its own expense, all Services required to be reperformed as a direct or indirect result ofsuch failure. Any review, approval, acceptance or payment for any or all ofthe Services by the City shall not relieve the Contractor ofits responsibility for the professional and technical accuracy of its Services. This provision in no way limits the City's rights against Contractor, either under this Agreement, at law or in equity. 3.03 Personnel A. Key Personnel The Contractor shall, immediately upon receiving a fiilly executed copy ofthis Agreement, assign and maintain during the term ofthis Agreement and any extension thereof an adequate staff of competent personnel which is fially equipped, licensed as appropriate, available as needed, qualified and assigned to perform the Services. Salaries and wages due ofall employees ofthe Contractor performing Services under this Agreement shall be paid unconditionally and at least once a month without deduction or rebate on any account, except only for such payroll deductions as are mandatory by law or are permitted under applicable law and regulations. B. Prevailing Wages If the Contractor engages in Constmction, it shall comply, and shall cause all of its Subcontractors to comply by inserting appropriate provisions in their contracts, with 820 ILCS 130/10.01 etseq. regarding the payment ofthe general prevailing rate of hourly wage for all laborers, workers, and mechanics employed by or on behalf of the Contractor and all Subcontractors in connection with any and all Constmction work. The prevailing rates of wages applicable at the time of execution ofthis Agreement are included in Exhibit 6 to this Agreement, which is incorporated by reference as though fully set forth herein. 12/17/2003 REPORTS OF COMMITTEES C. Illinois Workers, Veterans' Preference and Steel Products If the Contractor engages in Constmction, it shall comply, and shall cause all of its Subcontractors to comply by inserting appropriate provisions in their contracts, with the Employment oflllinois Workers on Public Works Act, 30 ILCS 570/0.01 etseq.. the Veterans Preference Act, 330 ILCS 55/0.01 et seq.. and the Steel Products Procurement Act, 35 ILCS 30/565/1 et seq. 3.04 Nondiscrimination A. Federal Requirements It shall be an unlawful employment practice for the Contractor (1) to fail or refiise to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation or the terms, conditions, or privileges of his employment because of such individual's race, color, religion, sex, age, handicap or national origin; or (2) to limit, segregate, or classify its 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 ofsuch individual's race, color, religion, sex, age, handicap or national origin. The Contracior shall comply with the Civil Rights Act of 1964,42 U.S.C. § 2000 etseq.. as amended. 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. 14,303 (1967) and by Exec. Order No. 12,086, 43 Fed. Reg. 46,501 (1978); Age Discrimination Act, 42 U.S.C. §§6101-06; Rehabilitation Act of 1973,29 U.S.C. §§793-94; Americans with Disabilities Act of 1990,42 U.S.C. § 12101 et seq.. and 41 C.F.R. Part 60 et seq. B. State Requirements Contractor shall comply with the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq.. the Equal Employment Opportunity Clause, III. Admin. Code tit. 5, §750 Appendix A and the Public Works Employment Discrimination Act, 775 ILCS 10/0.01 et seq. as amended. C. Citv Requirements Contractor shall comply with the Chicago Human Rights Ordinance, § 2-160-010 etseq.. as amended, ofthe Municipal Code ofChicago. 3.05 Insurance The Contractor shall comply with the insurance provisions attached hereto as Exhibit 4 and incorporated by reference as if fully set forth herein, or such other insurance provisions as may be 15087 15088 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 required in the reasonable judgement ofthe Risk Management Division. Ifthe Contractor enters into a subcontract with a Security Firm such Security Firm shall comply with the insurance provisions attached hereto as Exhibit 5 and incorporated by reference as if fiilly set forth herein, or such other insurance provisions as may be required in the reasonable judgement of the Risk Management Division. If the Contractor subcontracts with a Subcontractor other than a Security Firm, such Subcontractor shall comply with the Contractor insurance provisions attached hereto as Exhibit 4. The Risk Management Division may waive or reduce any ofthe insurance requirements set forth herein. In addition, the Risk Management Division will review each new Scope of Services which the SSAC, in consultation with the Contractor, prepares armually during the term of this Agreement pursuant to Section 3,.01 and may, if wishes, revise the insurance required herein. 3.06 Indemnification A. On written notice from the City of Losses the City believes are Losses Arising under this Agreement as defined in this Section 3.06, the Contractor shall defend, indemnify, and hold completely harmless the City Indemnities from and against such Losses, regardless of whether Contractor challenges the City's belief The defense, indemnification and hold harmless obligations ofthe Contractor toward City Indenmities remain an affirmative obligation of Contractor following the City's notice of Losses the City believes are Losses Arising under this Agreement, unless and until a court of competent jurisdiction finally determines otherwise and all opportunities for appeal have been exhausted or have lapsed. B. For purposes ofthis Section 3.06, "City Indemnities" means, individually and collectively, the City ofChicago, its officials, agents, employees and SSAC members. "Losses" means, individually and collectively, all kinds of liabilities, losses, suits, claims, damages, judgments, fines, and demands, including all reasonable costs for investigation, reasonable attorneys' fees, court costs, and experts' fees, arising by reason of injury or death ofany person, damage to property, patent or copyright infringement. "Arising under this Agreement" means (i) arising out of awarding this Agreement, (ii) arising out ofthe enforcement ofthis Agreement, including the enforcement ofthis indemnification provision; (iii) arising out of or in connection with Contractor's performance or non-performance of this Agreement (including the acts or omission of Contractor, its officers, agents, employees, consultants, subconsultants, licensees, or invitees), any breach by any of them ofany warranty made under this Agreement, or any failure by any of them to meet any applicable standard of performance under this Agreement; or (iv) any combination ofany of the foregoing. C. To the extent permissible by law, Contractor waives any limits on Contractor's liability that it would otherwise have by virtue of the Worker's Compensation Act or any other 12/17/2003 REPORTS OF COMMITTEES related law or judicial decision (such as Kotecki v. Cyclops Welding Corporation, 146 111. 2d 155 (1991)). The City, however, does not waive any limitations it may have on its liability under the Worker's Compensation Act or under the Illinois Pension Code. D. The City has the right, at its option and at its own expense, to participate in the defense of any suit without relieving Contractor of any of its obligations under this indemnity provision. The requirements set forth in this indemnity provision are separate from and not limited by the amount of insurance Contractor is required to obtain under this Agreement or by its bonds pursuant to other provisions in this Agreement. Further, the indemnities contained in this provision survive the expiration or termination ofthis Agreement. 3.07 Records and Audits The Contractor shall deliver or cause to be delivered all documents, data, studies, reports, findings or information to the SSAC promptly in accordance with the time limits prescribed herein and if no time limit is specified, then upon reasonable demand therefore, or upon termination or completion of the Services hereunder. The Contractor and any Subcontractors shall fiimish the SSAC with semi-annual reports or provide such information as may be requested relative to the performance and cost ofthe Services. The Contractor shall maintain records showing actual time devoted and costs incurred. The Contractor shall keep books, documents, paper, records and accounts in cormection with the Services open to inspection, copying, abstracting, transcription, and an independent audit by City employees or agents or third parties, and shall make these records available to the City and any other interested govemmental agency at reasonable times during the perfonnance of its Services. In addition. Contractor shall retain them in a safe place and make them available for an independent audit, inspection, copying and abstracting for at least five years after the final payment made in connection vdth this Agreement. THE CONTRACTOR SHALL NOT COMMINGLE SERVICE TAX FUNDS WITH FUNDS FROM OTHER SOURCES, and to the extent that the Contractor conducts any business operations separate and apart from the Services hereunder using, for example, personnel, equipment, supplies or facilities also used in cormection with this Agreement, then the Contractor shall maintain and make similarly available to the City detailed records supporting the Contractor's allocation to this Agreement ofthe costs and expenses attributable to any such shared usages. The Contractor shall provide an annual audited financial statement to the Department and the SSAC within 120 calendar days after the end ofthe calendar year and the system of accounting shall be in accordance with generally accepted accounting principles and practices, consistently applied throughout. No provision in this Agreement granting the City a right of access to records and documents is intended to impair, limit or affect any right of access to such records and documents which the City would have had in the absence ofsuch provisions. The City may in its 15089 15090 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 sole discretion audit the records of Contractor or its Subcontractors, or both, at any time during the term ofthis Agreement or within five years after the Agreement ends, in connection with the goods, work, or services provided under this Agreement. Each calendar year or partial calendar year is considered an "audited period." If, as a result ofsuch an audit, it is determined that Contractor or any ofits Subcontractors has overcharged the City in the audited period, the City will notify Contractor. Contractor must then promptly reimburse the City for any amounts the City has paid Contractor due to the overcharges and also some or all ofthe cost ofthe audit, as follows: A. Ifthe audit has revealed overcharges to the City representing less than 5% of the total value, based on the Agreement prices, of the goods, work, or services provided in the audited period, then the Contractor must reimburse the City for 50% of the cost of the audit and 50% of the cost of each subsequent audit that the City conducts; B. If, however, the audit has revealed overcharges to the City representing 5% or more ofthe total value, based on the Agreement prices, ofthe goods, work, or services provided in the audited period, then Contractor must reimburse the City for the fiill cost ofthe audit and of each subsequent audit. Failure of Contractor to reimburse the City in accordance with Section A or B above is an event of default under Section 7.01 ofthis Agreement, and Contractor will be liable for all ofthe City's costs of collection, including any court costs and attomeys' fees." 3.08 Subcontracts and Assignments The Contractor shall not assign, delegate, subcontract or otherwise transfer all or any part of its rights or obligations under this Agreement or any part hereof, unless otherwise provided for herein or without the express written consent ofthe SSAC. The absence ofsuch provision or written consent shall void the attempted assignment, delegation or transfer and shall be of no effect as to the Services or this Agreement. All subcontracts, all approvals of Subcontractors and any assignment to which the SSAC consents shall be, regardless of their form, deemed conditioned upon performance by the Subcontractor or assignee in accordance with the terms and conditions ofthis Agreement. Ifthe Contractor subcontracts for security services, the Subcontractor shall be a Security Firm certified by the State oflllinois and the Security Firm's employees shall be licensed by the State of Illinois. The Contractor, upon entering into any subcontract with a Security Firm, shall fumish the SSAC and the Department with a copy ofthe subcontract for their approval. The City expressly reserves the right to approve all Security Firm subcontracts. 12/17/2003 REPORTS OF COMMITTEES 3.09 License, Permits and Safety Considerations A. Licenses and Permits Ifthe Contractor engages in Constmction, it shall be responsible for and, in a timely manner consistent with its obligations hereunder, shall secure and maintain at its expense such permits, licenses, authorizations and approvals as are necessary for it to engage Constmction under this Agreement. B. Safety Considerations Ifthe Contractor engages in Constmction, it shall at all times exercise reasonable care, shall comply with all applicable provisions of federal, state and local laws to prevent accidents or injuries, and shall take all appropriate precautions to avoid damage to and loss of City property and the property of third parties in connection with the Constmction. The Contractor shall erect and properly maintain at all times all necessary safeguards, barriers, flags and lights for the protection of its' and its' Subcontractors' employees. City employees, and the public. Ifthe Contractor engages in Constmction, it shall report to the Department any damage on, about, under or adjacent to City property or the property of third persons resulting from its' performance under this Agreement. The Contractor is responsible for any damage to City property or the property of third parties due, in whole or in part, to the Contractor's Constmction activities under this Agreement, and the Contractor shall remedy such damage to a reasonably acceptable standard. 3.10 Performance Bond Ifthe Contractor engages in Constmction work where expenditures exceed $ 100,000, it shall, not later than the date the Contractor begins such work or executes a subcontract for such work, provide or cause to be provided to the Department a performance and payment bond in the amount allocated for the Constmction work (but not including the amount allocated for design and preparation of specifications), by a surety or sureties acceptable to the City. The performance bond shall be in the form and to the effect of Exhibit 7 hereto, which is incorporated by reference as if fiilly set forth herein. If any of the sureties on such bond at any time fail financially, or are deemed to be insufficient security for the penalty ofthe bond, then the City may, on giving 10 days notice thereof in writing, require the Contractor to fiimish a new and additional bond with sureties satisfactory to the City, and, if so required. Contractor must promptly provide such bond. ARTICLE 4 TERM OF SERVICES This Agreement shall take effect as of January 1,2004 ("Effective Date") and shall continue through December 31, 2005, or until the Agreement is terminated earlier in accordance with its terms. 15091 15092 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 ARTICLES COMPENSATION 5.01 Basis of Payment The maximum compensation that the Contractor may be paid under this Agreement between January 1,2004 and December 31,2004 is the sum of (a) $599,000.00 or the total amount of Service Tax Funds actually collected for tax year 2003, whichever is less; and (b) the total amount of Surplus Funds in the amount of $15,000.00 which are being canied over from previous program years and which the Contractor hereby acknowledges are in its possession. For the second year ofthis Agreement, the maximum compensation that the Contractor may be paid under this Agreement is the amount set forth in the Budget for that year, pursuant to Section 5.02 and 8.03, or the amount of Service Tax fiinds actually collected for the preceding tax year, • whichever is less; provided that the maximum amount of compensation for such year of this Agreement may also include the amount of Service Tax Funds collected for prior tax years which remain previously unspent. The City Comptroller will transfer the Service Tax Funds to the Contractor as received. The Contractor shall reimburse its Subcontractors for Services satisfactorily performed pursuant to the Budget. 5.02 Budget for Services 1 The Contractor in conjunction with the SSAC has prepared a Budget for the first year ofthis Agreement, attached hereto as Exhibit 2 and incorporated by reference as if fully set forth herein, covering all services described in the Scope of Services. The SSAC reserves the right to transfer fiinds between line items or make Budget revisions which do not affect the maximum compensation set forth in Section 5.01. The SSAC shall revise the Budget ifany part ofthe Contractor's Services is terminated. For the second year ofthis Agreement, and subject to the provisions of Section 3.01, a Budget for that year shall be incorporated into this Agreement by written amendment pursuant to Section 8.03. 5.03 Method of Payment The Contractor shall establish a separate checking account ("Account") in a bank authorized to do business in the State oflllinois that is insured by the Federal Deposit Insurance Corporation. All Service Tax Funds that the Comptroller transfers to the Contractor shall be deposited in the Account and disbursements from the Account shall be pursuant to this Agreement. THE CONTRACTOR SHALL NOT COMMINGLE SERVICE TAX FUNDS WITH FUNDS FROM OTHER SOURCES. The Contractor shall provide to the SSAC the signature card and sample check from the bank which shows the signature(s) of the Contractor's authorized representative(s). The 12/17/2003 REPORTS OF COMMITTEES 15093 SSAC reserves the right to audit the account and require the Contractor to refund any ftinds which were not spent pursuant to the Budget or which were not approved by the SSAC. The name and address ofthe bank is and the wire transfer and the Account numbers are . All fiinds remaining in the Account at the expiration or early termination ofthis Agreement, including any interest eamed. belong to the City for the benefit ofthe Area and shall be retumed to the City to be used only for Special Services. ' 5.04 Criteria for Payment The SSAC, in ils sole discretion, shall determine the reasonableness, allocability and allowability ofany rates, costs and expenses charged or incuned by the Contractor. 5.05 Funding Payments under this Agreement shall be made from Service Tax Funds in ftind number and are subject to the availability of fiinds therein. 5.06 Non-Appropriation In the event that no funds or insufficient funds are appropriated and budgeted in any Cily fiscal period for payments to be made under this Agreement, then the City will notify the Contractor of such occunence and this Agreement shall terminate on the earlier of the last day of the fiscal period for which sufficient appropriation was made or whenever the funds appropriated for payment under this Agreement are exhausted. No payments shall be made or due to the Contractor underthis Agreement beyond those amounts appropriated and budgeted by the City to fiind payments hereunder. ARTICLE 6 SPECIAL CONDITIONS 6.01 Warranties and Representations In connection with the execution ofthis Agreement, the Contractor warrants and represents: A. That it is financially solvent; that it and each of its employees, agents, and Subcontractors are competent to perform the Services required; that it is legally authorized to execute and perform or cause to be performed this Agreement under the terms and conditions stated herein; and B. That it shall not knowingly use the services ofany ineligible Subcontractor for any purpose in the performance of the Services; and 15094 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 C. That it and its Subcontractors are not in default at the time of the execution of this Agreement, or deemed by the Department to have, within five years immediately preceding the date ofthis Agreement, been found to be in default on any contract awarded by the City; and D. That it and, to the best of its knowledge, its Subcontractors are not in violation of the provisions of §2-92-320 ofthe Municipal Code ofChicago, 720 ILCS 5/33E-1 etseq. ofthe Criminal Code of 1961, and 65 ILCS 5/11-42.1-1 ofthe Illinois Municipal Code; and E. That it shall be the duty ofthe Contractor, all Subcontractors and their respective officers, directors, agents, partners, and employees to cooperate with the Inspector General in any investigation or hearing undertaken pursuant to Chapter 2-56 of the Municipal Code of Chicago; that it understands and will abide by all provisions of Chapter 2-56 of the Municipal Code of Chicago and all subcontracts shall inform Subcontractors of such provision and require understanding and compliance therewith; and F. That, except only for those representations, statements, or promises expressly contained in this Agreement and any exhibits attached hereto, no representation, statement or promise, oral or written, or ofany kind whatsoever, by the City, its officials, agents, or employees, has induced the Contractor to enter into this Agreement; and G. That the Contractor understands and agrees that any certification, affidavit or. acknowledgment made under oath in connection with this Agreement is made under penalty of perjury and, if false, is also cause for termination for default. 6.02 Economic Disclosure Statement and Affidavit The Contractor has provided the City with an Economic Disclosure Statement, which is attached hereto as Exhibit 3 and incorporated by reference as if fully set forth herein. Contractor shall apprise the Department promptly of any changes in the information provided in the EDS by completing and submitting a revised EDS. In addition, the Contractor shall provide the City with copies of its latest articles of incorporation, by-laws and resolutions, or partnership or joint venture agreement, as applicable, and evidence of its authority to do business in the State of Illinois, including without limitation, registrations of assumed names or limited partnerships and certifications of good standing with the Office of the Secretary of State of Illinois. 6.03 Conflict oflnterest Pursuant to Chapter 2-156 ofthe Municipal Code ofChicago, and 65 ILCS 5/3.1-55-10, no member ofthe goveming body ofthe City or other unit of govemment, no other officer, employee, SSAC member, or agent ofthe City or other unit of govemment who exercises any functions or 12/17/2003 REPORTS OF COMMITTEES 15095 responsibilities in cormection with the Services to which this Agreement or any related subcontract pertain, and no relative ofany SSAC member shall have any personal economic or financial interest, directly or indirectly, in this Agreement or any such subcontract except to the extent that such benefits are provided equally to all residents and/or business owners in the Area. Furthermore, no SSAC member, relative of any SSAC member. City official, agent or employee shall be a Subcontractor, employee or shareholder of the Contractor or receive anything of value from the Contractor. No member of or delegate to the Congress of the United States or the Illinois General Assembly and no alderman ofthe City or City employee shall be admitted to any share or part ofthis Agreement or to any fmancial benefit to arise from it. The Contractor acknowledges that any agreement entered into, negotiated or performed in violation of any of the provisions of Chapter 2-156 shall be voidable by the City. The Contractor covenants that it, its officers, directors and employees, and the officers, directors and employees ofeach ofits members if a joint venture, and Subcontractors presently have no financial interest and shall acquire no interest, direct or indirect, in the Services imdertaken by the Contractor pursuant to the Agreement which would conflict in any maimer or degree with the performance of the Services. The Contractor fiirther covenants that in the performance of this Agreement no person having any such interest shall be employed. The Contractor agrees that ifthe Commissioner in his reasonable judgment determines that any ofthe Contractor's services for others conflict with the Services the Contractor is to provide for the City under this Agreement, the Contractor shall terminate such other services immediately upon request of the City. 6.04 Non-liability of Public OfTicials No official, employee or agent ofthe City shall be charged personally by the Contractor, or by any assignee or Subcontractor ofthe Contractor, with any liability or expenses of defense or be held personally liable to them under any term or provision hereof, because of the City's execution or attempted execution hereof, or because ofany breach hereof 6.05 Independent Contractor The Contractor shall f)erform under this Agreement as an independent contractor to the City and not as a representative, employee, agent, or partner of the City. 6.06 Business Relationships with Elected Officials Pursuantto Section 2-156-030(b) ofthe Municipal Code ofthe City ofChicago, it is illegal for any elected official ofthe City, or any person acting at the direction ofsuch 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 15096 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 matter involving the person with whom an elected official has a business relationship. Violation ofSection 2-156-030(b) by any elected offlcial with respect to this Agreement is grounds for termination of this Agreement. The term business relationship is defined as set forth in Section 2-156-080 ofthe Municipal Code ofChicago. Section 2-156-080 defines a "business relationship" as any contractual or other private business dealing ofan official, or his or her spouse, or ofany entity in which an official or his or her spouse has a financial interest, with a person or entity which entitles an official to compensation or payment in the amoimt 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 ofthe value of or dividends on such shares, 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 officizil or employee for his office or employment; (iii) any economic benefit provided equally to all residents ofthe City; (iv) a time or demand deposit in a financial institution; or (v) an endowment or insurance policy or aimuity contract purchased from an insurance company. A "contractual or other private business dealing" shall not include any employment relationship ofan official's spouse with an entity when such spouse has no discretion conceming or input relating to the relationship between that entity and the City. 6.07 Chicago "Living Wage" Ordinance (a) Section 2-92-610 of the Municipal Code of Chicago provides for a living wage for certain categories of workers employed in the performance of City contracts, specifically non-City employed security guards, parking attendants, day laborers, home and health care workers, cashiers, elevator operators, tustodial workers and clerical workers ("Covered Employees"). Accordingly, pursuant to Section 2-92-610 and regulations promulgated under it: (i) IfContractor has 25 or more full-time employees, and (ii) If at any time during the performance of this Agreement, Contractor and/or any Subcontractor or any other entity that provides any portion ofthe Services (collectively "Performing Parties") uses 25 or more fiill-time security guards, or any number of other fiill-time Covered Employees, then (iii) Contractor must pay its Covered Employees, and must assure that all other Performing Parties pay their Covered Employees, not less than the minimum hourly rate as determined in accordance with this provision (the "Base Wage") for all Services performed under this Agreement. (b) Contractor's obligation to pay, and to assure payment of, the Base Wage will begin at any time during the term ofthis Agreement when the conditions set forth in (a)(i) and (a)(ii) above are met, and will continue until the end ofthe term ofthis Agreement. (c) As of July 1,2003, the Base Wage became $9.20, and each July 1 thereafter, the Base Wage will be adjusted, using the most recent federal poverty guidelines for a family of four as 12/17/2003 REPORTS OF COMMITTEES 15097 published annually by the U.S. Department of Health and Human Services, to constitute the following: the poverty guidelines for a family of four divided by 2000 hours or the cunent base wage, whichever is higher. At all times during the term ofthis Agreement, Contractor and all other Performing Parties must pay the Base Wage (as adjusted in accordance with the above). If the payment of prevailing wages is required for Services done under this Agreement, and the prevailing wages for Covered Employees are higher than the Base Wage, then Contractor and all other Performing Parties must pay the prevailing wage rates. (d) Contractor must include provisions in all subcontracts requiring its Subcontractors to pay the Base Wage to Covered Employees. Contractor agrees to provide the City with documentation acceptable to the Chief Procurement Officer demonsU-ating that all Covered Employees, whether employed by Contractor or by a Subcontractor, have been paid the Base Wage, upon the City's request for such documentation. The City may independently audit Contractor and/or Subcontractors to verify compliance with this section. Failure to comply with the requirements.of this section will be an event of default under this Agreement, and fiirther, failure to comply may result in ineligibility for any award ofa City contract or subcontract for up to 3 years. (e) Not-for-Profit Corporations: IfContractor is a corporation having federal tax-exempt status under Section 501(c)(3) ofthe Intemal Revenue Code and is recognized under Illinois not-for-profit law, then the provisions of Sections (a) through (d) above do not apply. 6.08 Deemed Inclusion Provisions required by jaw, ordinances, mles, regulations, or executive orders to be inserted in this Agreement are deemed inserted in this Agreement whether or not they appear in this Agreement or, upon application by either party, this Agreement will be amended to make the insertion; however, in no event will the failure to insert the provisions before or after this Agreement is signed prevent its enforcement. ARTICLE 7 EVENTS OF DEFAULT, REMEDIES, TERMINATION, RIGHT TO OFFSET, SUSPENSION 7.01 Events of Default Defined The following shall constitute events of default: A. Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance, made by Contractor to the City. B. Contractor's material failure to perform any of its obligations under the Agreement including, but not limited to, the following: 15098 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (1) failure to conunence or ensure timely completion of the Services due to a reason or circumstance within Contractor's reasonable control; (2) failure to perform the Services in a manner satisfactory to the City; (3) failure to promptly re-perfomi within a reasonable time Services that were rejected as enoneous or unsatisfactory; (4) discontinuance ofthe Services for reasons within the Contractor's reasonable control; (5) failure to comply with a material term ofthis Agreement, including but not limited to the provisions conceming insurance and nondiscrimination; and (6) any other acts specifically and expressly stated in this Agreement as constituting an event of default. C. The Contractor's default under any other agreement it may presently have or may enter into with ; ' the City during the life ofthis Agreement. The Contractor acknowledges and agrees that in the event ofa default under this Agreement the City may also declare a default under any such other agreements. 7.02 Remedies The occurrence ofany event of default which the Contractor fails to cure within 30 calendar days after receipt of notice specifying such default or which, if such event of default cannot reasonably be cured within 30 calendar days after notice, the Contractor fails, in the sole opinion of the Commissioner, to commence and continue diligent efforts to cure, shall permit the City to declare the Contractor in default. Whether to declare the Contractor in default is within the sole discretion ofthe Commissioner. Written notification ofthe default, and any intention ofthe City to terminate the Agreement, shall be provided to Contractor and such decision shall be final and effective upon Contractor's receipt ofsuch notice. Upon receipt ofsuch notice, the Contractor must discontinue any services, unless otherwise directed in the notice, and deliver all materials accumulated in the performance ofthis Agreement, whether completed or in the process of completion, to the City. At such time the City may invoke any legal or equitable remedy available to it including, but not iimited to, the following: A. The right to take over and complete the Services or any part thereof as agent for and at the cost ofthe Contractor, either directly or through others. The Contt-actor shall have, in such event, the right to offset from such cost the amount it would have cost the City under the terms and conditions herein had the Contractor completed the Services. 12/17/2003 REPORTS OF COMMITTEES 15099 B. The right to terminate this Agreement as to any or all of the Services yet to be performed, effective at a time specified by the City. C. The right of specific performance, an injunction or any other appropriate equitable remedy. D. The right to money damages. E. The right to withhold all or any part of Contractor's compensation hereunder. F. The right to deem Contractor non-responsible in fiiture contracts to be awarded by the City. Ifthe City considers it to be in its best interest, it may elect not to declare default or to terminate this Agreement. The parties acknowledge that this provision is solely for the benefit ofthe City and that ifthe City permits the Contractor to continue to provide the Services despite one or more events of default, the Contractor shall in no way be relieved of any of its responsibilities, duties or obligations under this Agreement nor shall the City waive or relinquish any ofits rights. No delay or omission to exercise any right accming upon any event of default shall impair any such right nor shall it be constmed as a waiver ofany event of default or acquiescence therein, and every such right may be exercised from time to time and as 6ften as may be deemed expedient. 7.03 Right to Offset The City reserves its rights under §2-92-380 of the Municipal Code of Chicago and the Commissioner shall consult with the SSAC before exercising such rights. '7.04 Suspension The City may at any time request that the Contractor suspend its Services, or any part thereof, by giving 15 days prior written notice to the Contractor or upon no notice in the event of emergency. No costs incuned after the effective date ofsuch suspension shall be allowed. The Contractor shall promptly resume its performance upon written notice by the Department. The Budget may be revised pursuant to Section 5.02 to account for any additional costs or expenses actually incuned by the Contractor as a result of recommencing the Services. 7.05 No Damages for Delay The Contractor agrees that it, its members, ifa partnership or joint venture and its Subcontractors shall make no claims against the City for damages, charges, additional costs or hourly fees for costs incurred by reason of delays or hindrances by the City in the performance of its obligations under this Agreement. 15100 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 7.06 Termination for Convenience In addition to termination for default, the City may, at any time, elect to terminate this Agreement or any portion of the Services to be performed under it at the sole discretion of the Commissioner by a written notice to the Contractor. Ifthe City elects to terminate the Agreement in fiill, all Services shall cease and all materials accumulated in performing this Agreement, whether completed or in the process of completion, shall be delivered to the Department within 10 days after receipt ofthe notice or by the date stated in the notice. During the final ten days or other time period stated in the notice, the Contractor shall restrict its activities, and those of its Subcontractors, to winding down any reports, analyses, or other activities previously begun. No costs incuned after the effective date of the termination shall be allowed. Payment for any Services actually and satisfactorily performed before the effective date ofthe termination shall be on the same basis as set forth in Article 5 hereof, but ifany compensation is described or provided for on the basis ofa period longer than ten days, then the compensation shall be prorated accordingly. If a court of competent jurisdiction determines that the City's election to terminate this Agreement for default has been wrongfiil, then such termination shall be deemed to be an early termination. ARTICLE 8 GENERAL CONDITIONS 8.01 Entire Agreement This Agreement, and the exhibits attached hereto and incorporated hereby, shall constitute the entire agreement between the parties and no other warranties, inducements, considerations, promises, or interpretations shall be implied or impressed upon this Agreement that are not expressly addressed herein. 8.02 Counterparts This Agreement is comprised of several identical counterparts, each to be fiilly executed by the parties and each to be deemed an original having identical legal effect. 8.03 Amendments No changes, amendments, modifications, or discharge of this Agreement, or any part thereof, shall be valid unless in writing and signed by the authorized agent of the Contractor and the Commissioner, or their successors and assigns. The City shall incur no liability for revised services without a written amendment to this Agreement pursuant to this Section. 12/17/2003 REPORTS OF COMMITTEES 15101 8.04 Compliance with All Laws The Contractor shall at all times observe and comply with all applicable laws, ordinances, mles, regulations and executive orders of the federal, state and local govemment, now existing or hereinafter in effect, which may in any manner affect the performance ofthis Agreement. Provisions required by law, ordinances, mles, 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 ofthis Agreement. 8.05 Compliance with ADA and Other Accessibility Laws If this Agreement involves services to the public, the Contractor wanants that all Services provided hereunder shall comply with all accessibility standards for persons with disabilities or environmentally limited persons including, but not limited to the following: Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. and the Rehabilitation Act of 1973, 29 U.S.C. §§ 793-94. In the event that the above cited standards are inconsistent, the Contractor shall comply with the standard providing greater accessibility. If this Agreement involves design for constmction and/or Constmction, the Contractor warrants that all design documents produced and/or used under this Agreement shal! comply with all federal, state and local laws and regulations regarding accessibility standards for persons with disabilities or enviroimientally limited persons including, but not limited to, the following: Americans wdth Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. and the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities; the Architectural Barriers Act, P.L. 90-480 and the Uniform Federal Accessibility Standards; and the Environmental Barriers Act, 410 ILCS 25/1 et seq.. and the regulations promulgated thereto at III. Admin. Code tit. 71, ch. 1, § 400.110. In the event that the above cited standards are inconsistent, the Contractor shall comply with the standard providing greater accessibility. Ifthe Contractor fails to comply with the foregoing standards, it shall perform again at no expense all services required to be reperformed as a direct or indirect result of such failure. 8.06 Assigns All ofthe terms and conditions ofthis Agreement shall be binding upon and inure to the benefit ofthe parties hereto and their respective legal representatives, successors, transferees and assigns. 8.07 Cooperation The Contractor agrees at all times to cooperate fully with the City and to act in the City's best interests. Upon the termination or expiration of this Agreement, the Contractor shall make every 15102 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 effort to assure an orderly transition to another provider of the Services, if any, orderly demobilization ofits operations in connection with the Services, unintermpted provision of Services during any transition period and shall otherwise comply with reasonable requests ofthe Department in cormection with this Agreement's termination or expiration. 8.08 Severability Ifany provision ofthis Agreement is 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 hereof or ofany constitution, statute, ordinance, mle of law or public policy, or for any other reason, such circumstances shall not have the effect of rendering such provision inoperative or unenforceable in any other case or circumstances, or of rendering any other provision herein invalid, inoperative, or unenforceable to any extent. The invalidity of any one or more phrases, sentences, clauses or sections herein shall not effect the remaining portions of this Agreement or any part thereof 8.09 Interpretation All headings in this Agreement are for convenience of reference only and do not define or limit the provisions thereof Words of gender are deemed to include conelative words ofthe other gender. Words importing the singular number include the plural number and vice versa, unless the context otherwise indicates. All references to exhibits or documents are deemed to include all supplements and/or amendments to such exhibits or documents if entered into in accordance with the terms and conditions hereof and thereof All references to persons or entities are deemed to include any persons or entities succeeding to the rights, duties, and obligations ofsuch persons or entities in accordance with the terms and conditions herein. 8.10 Miscellaneous Provisions Whenever under this Agreement the City by a proper authority waives the Contractor's performance in any respect or waives a requirement or condition to the Contractor's performance, the waiver, whether express or implied, shall only apply to that particular instance and shall not be deemed a waiver forever or for subsequent instances ofthe performance, requirement or condition. No waiver shall be constmed as a modification ofthe Agreement regardless ofthe number of times the City may have waived the performance, requirement or condition. 8.11 Disputes Except as otherwise provided in this Agreement, the Contractor shall and the SSAC may bring any dispute conceming a question of fact arising under this Agreement which is not otherwise disposed of to the City's Chief Procurement Officer for decision based upon written submissions of the parties. (A copy ofthe "Regulations ofthe Department of Procurement Services for Resolution of Disputes between Contractors and the City ofChicago" is available in City Hall, 121 N. LaSalle REPORTS OF COMMITTEES 12/17/2003 Street, Room 301, Bid and Bond Room.) The Chief Procurement Officer shall reduce his decision to writing and fiimish a copy of it to the Contractor and the SSAC. Such decision final and binding. 8,12 Contractor Affidavit The Contractor must provide to the City, no later than thirty days after the end of each year, a fiilly executed and notarized Affidavit certifying the expenditures for the prior year. The form ofthis affidavit is attached as Exhibit 8 and incorporated by reference. ARTICLE 9 NOTICES Notices provided for herein shall be in writing and may be delivered personally or by United States mail, first class, certified, retum receipt requested, with postage prepaid and addressed as follows: Ifto the City: Special Service Area #8 3030 N. Broadway Chicago, Illinois 60657-5316 Attention: Robert Ralis Department of Planning and Development CityHall, Room 1000 121 North LaSalle Street Chicago, Illinois 60602 Attention: Commissioner With Copies to: Department of Law Room 600, City Hall 121 North LaSalle Street Chicago, Illinois 60602 Attention: Corporation Counsel Ifto Contractor: Lake View East Chamber of Commerce 3030 N. Broadway Chicago, Illinois 60657-5316 Attention: Maureen Martino Changes in the.above-referenced addresses must be in writing and delivered in accordance with the provisions ofthis Section. Notices delivered by mail shall be deemed received 3 days after mailing in accordance with this Section. Notices delivered personally shall be deemed effective upon receipt. 15103 15104 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement on the date first set forth above, at Chicago, Illinois. Recommended by: SSAC Chairperson CITY OF CHICAGO CONTRACTOR By: Commissioner, Department of Planning and Development By: Its: Approved as to form and legality Attested By:_ _____ Its: Assistant Corporation Counsel State of County of Swom to and acknowledged before me by [name of signatory] as [name of contracting party] [title] of this day of 20 Signature of Notary (Sub)Exhibits 1 , 2 , 3 , 4, 5, 6, 7 and 8 referred to in this Service Provider Agreement for Special Service Area Number 8 read as follows: 12/17/2003 REPORTS OF COMMITTEES (Sub)Exhibit 1. (To Service Provider Agreement For Special Service Area Number 8) 2004 Scope Of Services Lake View East Chamber Of Commerce Special Service Area Number 8. Advertising And Promotions Neighborhood directory and guide Giver's gift program Networking workshops and seminars Neighborhood holiday decorations Business to business newsletter Co-Op advertising Events and promotions Facade Incentive Program Up to $6,000 rebate for approved facade improvements 100% subsidy for projecting sign removal 15105 15106 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 General Maintenance Including Cleaning Of Area 7 day a week maintenance crew Snow removal program Graffiti removal and light pole maintenance Trash can maintenance Beautification And Landscaping Services Sidewalk fumiture maintenance and installation Street banner maintenance Sidewalk amenities maintenance Kiosk and landscaping maintenance Holiday decorations Streetscape custom designs Seasonal flower/tree planting Business Development And Retention Vacancy database management Area marketing materials with demographics Regular meetings with Retail Chicago conceming retail area promotion initiative 12/17/2003 REPORTS OF COMMITTEES 15107 Technology Technical assistance for operations Upgrade systems/software and databases Training Workshops, seminars and training for merchants Informational meetings for the community and prospective business owners Extended programs with third party organizations for training/ educational purposes Security outreach programs Management Services Overall administration of Special Service Area operations and programs Coordination of Commissioner meetings Budget development and monitoring Parking/transit improvements Area strategic planning Enhanced land-use oversight and control initiatives Program management and training JOURNAL-CITY COUNCIL-CHICAGO 15108 12/17/2003 (Sub)Exhibit 2. (To Service Provider Agreement For Special Service Area Number 8) Department Of Planning And Development Proposed Special Service Area Budget. (Page 1 of 2) Special Service Area Name and Number: Lake View East Special Service Area #8 Chairperson, Special Service Area: Robert Ralis Telephone: (Omitted for printing purposes) Sole Service Provider: Lake View East Chamber of Commerce Program Manager: Maureen Martino Budget Period: From: January 1.2004 Item Advertising & Promotion (Includes Printing of Dirtctory) Fapade Incentive Program Telephone:tO»Ai3Lat C^A^ «->^ V k y ^ \>\tu> is the Matter a procurement? (] Yes CV^yvwN^oaA. ca. (two If a procurement, Specification #. Contract # and if not a procurement: 1. City Agency requesting E D S : ^ na >Jr^5"A: If property involved, list property location: SECTION ONE: DISCLOSURE OF OWNERSHIP INTERESTS A. NATURE OF ENTITY 1. indicate whether the Undersigned is an individual or legal entity: [] Limited Liability Company [] Individual [ j j o i n t venture [] Business corporation pfNot-foriJrofit corporation [] Sole proprietorship (Is the not-for-profit corporation also a 501(c)(3))? (JYes tjl^ [] General partnership [ j Other entity (please specify) [j Limited partnership State ofincpcporatJODor organization, if applicable: For legal entities not organized in the State of Illinois: Is the organization authorized to do business in the State of Illinois as a foreign entity? IlYes []No tfM^ 12/17/2003 B. REPORTS OF COMMITTEES 15113 ORGANIZATION INFORMATION 1. IF THE UNDERSIGNED IS A CORPORATION: a. List below the names and titles of all executive officers and all directors of the corporation. For not-for-profit corporations, also list below any executive director of the corporation, and indicate all members, if any, who are legal entities, if there are no such members, write "no members." Title Name ^ e a'ick>.rk(ipiJ AA^JJUft^uAj^ - . M n - y^AM \ie.n^L LAKE VIEW EAST CHAMBER OF COMMERCE EXECUTIVE BOARD Ernestine Teste Robert Smith Felix QuIntllianI Eric Lapinski President Vice President Treasurer Secretary Maureen Martino Executive Director BOARD OF DIRECTORS Jennifer Avila Lou Gould Jacqueline Gagen Chris Ritter Eric Webber Heather Shinn David Winner Arie Spiczka b(1). If the Matter is a procurement and the Undersigned is a corporation whose shares are registered on a national securities exchange pursuant to the Securities Exchange Act of 1934, please provide the following information concerning shareholders who own shares equal to or in excess of 7.5% of the corporation's outstanding shares. Business Address Name Percentage Interest P\^ b(2). Ifthe Matteris not a procurement, and the Undersigned is a corporation whose shares are registered on a national securities exchange pursuant to the Securities Exchange Act of 1934, please provide the following information concerning shareholders who own shares equal to or in excess of 10% ofthe corporation's outstanding shares. 15114 JOURNAL-CITY COUNCIL-CHICAGO Name Business Address 12/17/2003 Percentage Interest MM c. For corporations that are not registered on a national securities exchange pursuant to the Securities Exchange Act of 1934, list below the name, business address and percentage of ownership interest of each shareholder. Name Business Address Percentage Interest jm2. IF THE UNDERSIGNED IS A PARTNERSHIP OR JOINT VENTURE: For general or limited partnerships or joint ventures: list below the name, business address and percentage of ownership interest of each partner. For limited partnerships, indicate whether each partner is a general partner or a limited partner. Name Business Address Percentage Interest A)jpr 3. IF THE UNDERSIGNED IS A LIMITED LIABIUTY COMPANY: a. List below the name, business address and percentage of ownership interest of each (i) member and (ii) manager. If there are no managers, write "no managers," and indicate how the company is managed. Name Business Address tM Percentage Interest 12/17/2003 REPORTS OF COMMITTEES 15115 b. List below the names and titles of all officers, if any. If there are no officers, write "no officers." Name Title 4. IF THE UNDERSIGNED IS A U^ND TRUST, BUSINESS TRUST. ESTATE OR OTHER SIMILAR ENTITY: a. List below the name and business address of each individual or legal entity holding legal title to the property that is the subject of the trust. Name Business Address b. List below the name, business address and percentage of beneficial interest of each beneficiary on whose behalf title is held. Name Business Address Percentage Interest M^ 5. IF THE UNDERSIGNED IS ANY OTHER LEGAL ENTITY,firstdescribe the entity, then provide the name, business address, and the percentage of interest of all individuals or legal entities having an ownership pr other beneficial interest in the entity. Describe the entity: 15116 JOURNAL-CITY COUNCIL-CHICAGO Name Business Address 12/17/2003 Percentage interest SECTION TWO: BUSINESS RELATIONSHIPS WITH CiTY ELECTED OFFICIALS A. DEFINITIONS AND DISCLOSURE REQUIREMENT 1. The Undersigned must indicate whether it had a "business relationship" with a City elected official In the 12 months before the date this EDS is signed. 2. Pursuant to Chapter 2 -156 ofthe Municipal Code of Chicago (the "Municipal Code"), a "business relationship" means any "contractual or other private business dealing" of an official, or his or her spouse, or of any entity in which an official or his or her spouse has a "financial interest," with a person or entity which entitles an official to compensation or payment in the amount of $2,500 or more in a calendar year; but a "financial interest" does not include: (i) any ownership through purchase at fair market value or inheritance of less than 1 % of the shares of a corporation, or any corporate subsidiary, parent or affiliate thereof, regardless of the value of or dividends on such shares, 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; (lil) 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 from an insurance company. A "contractual or other private business dealing" does 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. B. CERTIFICATION 1. Has the Undersigned had a "business relationship" with any City elected official in the 12 months before the date thisEDS is signed? tlYes ^ 0 If yes, please identify below the name(s) of such City elected official(s) and describe such relationship(s): 12/17/2003 REPORTS OF COMMITTEES 15117 SECTION THREE: DISCLOSURE OF RETAINED PARTIES A. DEFINITIONS AND DISCLOSURE REQUIREIMENTS 1. The Undersigned must disclose certain information about attorneys, lobbyists, accountants, consultants, subcontractors, and any other person whom the Undersigned has retained or expects to retain in connection with the Matter, in particular, the Undersigned must disclose the name of each such person, his/her business address, the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Undersigned is not required to disclose employees who are paid solely through the Undersigned's regular payroll. "Lobbyist" means any person n7^ Oft. 5^\-2,//. mo«(Oj^yJ CV\{CA6IJ 6o6a7 <^^^>i4'1ig^t 4 " ^ j 0 0 ^ ^ / . []CHECKHEREIFNOSUCHIN0fVIDUALSHAVEBEENRETAlNEDBYTHEUNDERSIGNEDORARiMTicPff1H)TO BERETAINEDBYTHE UNDERSIGNED. ^ ^ ^ C^fflOVXC^ f U ^ C^ O j o V ^ - Ve-A^'v-neo) ^ JOURNAL-CITY COUNCIL-CHICAGO 15118 12/17/2003 CERTIFICATION NAME Retain Matt Cotton & Associates Anticipated Chinh H uynh BUSINESS ADDRESS 622 W. Aldine, Chicago 60657 2124 N. Hudson, Chicago 60614 Retain F.O. Carlson & Assoc. 1001 E. 99th Street, Chicago 60628 Anticipated Third Coast Marketing 5443 N. Broadway, Chicago 60640 di ^ ^ ^ o(U RELATIONSHIP Website Consultant Graphic Designs Street pole maintenance/d6cor Marketing Consultants-GLBT FEES $3,000 q*ff, $15,000 £^f, $5,000 - ^ A (f^-^/i^W^j^ SECTION FOUR: CERTIFICATIONS 1. / $3,500 ew- CERTIFICATION OF COMPLIANCE For purposes of the certifications in A, B, and C below, the term "affiliate" means any individual or entity that, directly or indirectly: controls the Undersigned, is controlled by the Undersigned, or is, with the Undersigned, under common control of another individual or entity, indicia of control include, without limitation: interiocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with the federal government or a state or local govemment, including the City, using substantially the same management, ownership, or principals as the ineligible entity. A. The Undersigned Is not delinquent in the payment of any tax administeredby the Illinois Department of Revenue, nor are the Undersigned or its affiliates delinquent in paying any fine, fee, tax or other charge owed to the City. This includes all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes. If there are any such delinquencies, note them below: 7JTF If the letters "NA," the word "None," or no response appears on the lines above, It will be conclusively presumed that the Undersigned certified to the above statements. B. The Undersigned and its affiliates have not, in the past five years, been found in violation of any City, state or federal environmental law or regulation. If there have been any 12/17/2003 REPORTS OF COMMITTEES such violations, note them below: -P\^ if the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Undersigned certified to the above statements. C. if the Undersigned is the Applicant, the Undersigned and its affiliates will not use, nor permit their subcontractors to use, any facility on the U.S. EPA's List of Violating Facilities in connection with the Matter for the duration of time that such facility remains on the list. D. If the Undersigned is the Applicant, the Undersigned will obtain from any contractors/subcontractors hired or to lie hired in connection with the Matter certifications equal in form and substance to those in Section Four, I, (A-C) above and will not, without the prior written consent ofthe City, use any such contractor/subcontractor that does not provide such certifications or that the IJndersigned has reason to believe has not provided or cannot provide truthful certifications. If the Undersigned is unable to make the certifications required in Section Four, paragraph I (C) and (D) above, provide ah explanation: if the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Undersigned certified to the above statements. II. CHILD SUPPORT OBLIGATIONS - CERTIFiCATiON REGARDING COURTORDERED CHILD SUPPORT COMPLIANCE For purposes ofthis part, "Substantial Owner" means any individual who, directly or indirectly, owns or holds a 10% or more interest in the Undersigned. Note: Ttiis may include individuals disclosed in Section One (Disclosure of Ownership Interests), and individuals disclosed in an EDS filed by an entity tiolding an interest in the Applicant Ifthe Undersigned's response below is #1 or #2. then all ofthe Undersigned's Substantial Owners must remain in compliance with any such child support obligations until the Matter is completed. Failure of the Undersigned's Substantial Owners to remain in compliance with their child support obligations in the manner set forth in either #1 or #2 constitutes an event of default. 15119 15120 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Check one: 1. No Substantial Owner has been declared in an-earage on any child support obligations by the Circuit Court of Cook County, Illinois or by another Illinois court of competent jurisdiction. 2. The Circuit Court of Cook County, Illinois or another Illinois court of competent jurisdiction has issued an order declaring one or more Substantial Owners in arrearage on child support obligations. All such Substantial Owners, however, have entered into court-approved agreements for the payment of all such child support owed, and all such Substantial Owners are in compliance with such agreements. 3. The Circuit Court of Cook County, Illinois or another Illinois court of competent jurisdiction has issued an order declaring one or more Substantial Owners in arrearage on child support obligations and (a) at least one such Substantial Owner has not entered into a court-approved agreement for the payment of all such child support owed; or (b) at least one such Substantial Owner is not in compliance with a courtapproved agreement for the payment of all such child support owed; or both (a) and (b). s/ m. 4. There are no Substantial Owners. FURTHER CERTIFICATIONS A. The Undersigned and, if the Undersigned is a legal entity, its principals (officers, directors, partners, members, managers, executive director): 1. are not presently debarred, suspended, proposed for debamient, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government; 2. have not, within a five-year period preceding the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract undera public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property; 12/17/2003 REPORTS OF COMMITTEES 3. are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) wrth commission of any of the offenses enumerated in clause (A)(2) ofthis section; 4. have not, within a five-year period preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and 5. have not. within a five-year period preceding the date of this EDS. been convicted, adjudged guilty, orfound liable in a civil proceeding, in any criminal or civil action instituted by the City or by the federal govemment, any state, or any other unit of local govemment. The certiflcations in subparts B and D concem: • the Undersigned; • any party participating in the perfomiance of the Matter ("an Applicable Party"); • any "Affiliated Entity" (meaning an individual or entity that, directly or indirectly: controls the Undersigned, is controlled by the Undersigned, or is, with the Undersigned, under common control of another individual or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local govemment, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Applicable Parties, the term Affiliated Entity means an Individual or entity that directly or indirectly controls the Applicable Party, is controlled by it, or, with the Applicable Party, is under common control of another individual or entity; • any responsible official of the Undersigned, any Applicable Party or any Affiliated Entity or any other official, agent or employee of the Undersigned, any Applicable Party or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official ofthe Undersigned, any Applicable Party or any Affiliated Entity (collectively "Agents"). Neither the Undersigned, nor any Applicable Party, nor any Affiliated Entity of eitherthe Undersigned or any Applicable Party nor any Agents have, during the five years before the date this EDS is signed, or, with respect to an Applicable Party, an Affiliated Entity, or an Affiliated Entity of an Applicable Party during the five years before the date of such Applicable Party's or Affiliated Entity's contract or engagement in connection with the Matter: 15121 15122 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 1. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal govemment or of any state or local govemment in the United States of America, in that officer's or employee's official capacity; 2. agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty 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 3. made an admission of such conduct described in (1) or (2) above that is a matter of record, but have not been prosecuted for such conduct; or 4. violated the provisions of Section 2-92-610 of the Municipal Code (Living Wage Ordinance). C. The Undersigned understands and shall complywith (1) the applicable requirements of the Govemmental Ethics Ordinance of the City. Title 2, Chapter 2-156 of the Municipal Code; and (2) all the applicable provisions of Chapter 2-56 of the Municipal Code (Office of the Inspector General). D. Neither the Undersigned, Affiliated Entity or Applicable Party, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local govemment as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating. E. If the Undersigned is unable to certify to any of the above statements in this Part III, the Undersigned must explain below: if the letters "NA." the word "None." or no response appears on the lines above, it will be conclusively presumed that the Undersigned certified to the above statements. 12/17/2003 IV. REPORTS OF COMMITTEES 15123 CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION For purposes of this Part iV, under Section 2-32-455(b) of the Municipal Code, the temi "financial institution" means a bank, savings and loan association, thrift, credit union, mortgage banker, mortgage broker, trust company, savings bank, investment bank, securities broker, municipal securities broker, securities dealer, municipal securities dealer, securities underwriter, municipal securities underwriter, investment trust, venture capital company, bank holding company,financialservices holding company, or any licensee under the Consumer installment Loan Act, the Sales Finance Agency Act. or the Residential Mortgage Licensing Act. However, "financial institution" specifically shall not include any entity whose predominant business is the providing of tax defen-ed, defined contribution, pension plans to public employees in accordance with Sections 403(b) and 457 of the intemal Revenue Code. (Additional definitions may be found in Section 2-32-455(b) of the Municipal Code.] A CERTIFICATION The Undersigned certifles that the Undersigned [check one] v^ IS not a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code. B. If the Undersigned IS a financial institution, then the Undersigned pledges: "We are not and will not become a predatory lender as deflned in Chapter 2-32 ofthe Municipal Code. We further pledge that none of our affiliates is. and none of them will become, a predatory lender as defined in Chapter 2-32 of the Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City." ff the Undersigned is unable to make this pledge because It or any of its affiliates (as defined In Section 2-32-455(b) ofthe Municipal Code) is a predatory lender within the meaning of Chapter 2-32 ofthe Municipal Code, explain here (attacii additional pages if necessary): 15124 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 If the letters "NA." the word "None," or no response appears on the lines above, it will be conclusively presumed that ttie Undersigned certified to the above statements. y. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS Any words or temris that are defined in Chapter 2-156 ofthe Municipal Code have the same meanings when used In this Part V. 1. in accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of the City have afinancialinterest in his or her own name or in the name ofany other person in the Matter? []Yes HtJo NOTE: If you answered "No" to Item V(1), you are not required to answer items V(2) or (3) below. Instead, review the certification in Item V(4) and then proceed to Part VI. If you answered "Yes" to Item V(1), you must first respond to Item V(2) and provide the Information requested in Item V(3). After responding to those items, review the certification in Item V(4) and proceed to Part VI. 2. Unless sold pursuant to a process of competitive bidding, no City elected official or employee shall have afinancialinterest in itis or her own name or in the name of any other person in the purchase of any property that (i) belongs to the City, or (ii) Is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of Uie Cfty (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power d oes not constitute afinancialinterest within the meariing of this Part V. Does the Matter involve a City Property Sale? I] Yes []No 3. If you answered "yes" to Item V(1), provide the names and business addresses of the City officials or employees having such interest and Identify the nature of such interest: Name Business Address Nature of Interest 12/17/2003 REPORTS OF COMMITTEES 15125 4. The Undersigned further certifies that no prohibitedfinancialinterest In the Matter will be acquired by any City official or employee. yi. CERTIFICATION REGARDING SLAVERY ERA BUSINESS The Undersigned has searched any and all records of the Undersigned and any and all predecessor entities for records of investments or profitsft-omslavery, the slave industry, or slaveholder insurance policiesfi'omthe slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves) and has disclosed in this EDS any and ail such records to the City, in addition, the Undersigned must disclose the names of any and all slaves or slaveholders described in those records. Failure to comply with these disclosurd requirements may make the Matter to which this EDS pertains voidable by the City. Please check either (1) or (2) below. Ifthe Undersigned checks (2), the Undersigned must disclose below or in an attachment to this EDS all requisite information as set forth in that paragraph (2). Y 1. The Undersigned verifies that (a) the Undersigned has searched any and all records ofthe Undersigned and any and all predecessor entities for records of investments or profits from slavery, the slave industry, or slaveholder insurance policies, and (b) the Undersigned has found no records of investments or profitsfi-omslavery, the slave industry, or slaveholder insurance policies and no records of names of any slaves or slaveholders. 2. The Undersigned verifies that, as a result of conducting the search in step (1)(a) above, the Undersigned has found records relating to investments or profits from slavery, the slave industry, or slaveholder Insurance policies and/or the names of any slaves or slaveholders. The Undersigned verifies that the following constitutes full disclosure of all such records: SECTION FIVE: I. CERTIFICATIONS FOR FEDERALLY-FUNDED MATTERS CERTIFiCATiON REGARDING LOBBYING A. List below the names of all individuals registered under the federal Lobbying Disclosure Act of 1995 who have made lobbying contacts on behalf of the Undersigned with respect to the 15126 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Matter: [Begin list here, add sheets as necessary]: JjlK p f n o explanation appears or begins on the lines above, or If the letters "NA" or If the word "None" appear, it will be conclusively presumed that the Undersigned means that NO individuals registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Undersigned with respect to the Matter.] B. The Undersigned has not spent and will not expend any federally appropriated funds to pay any individual listed in Paragraph (A) above for his or her lobbying activities or to pay any individual to influence or attempt to influence an officer or employee of any agency, as defi ned by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement. C. The Undersigned will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and infonnation set forth in paragraphs i(A) and 1(B) above. If Uie Matter is federally funded and any funds other than federally appropriated funds have been or will be paid to any individual for influencing or attempting to influence an officer or employee of any agency (as defined by applicable federal law), a member Of Congress, an officer or employee of Congress, or an employee of a member of Congress in connecfion witii Uie Matter, the Undersigned must complete and submit Standard Form-LLL. "Disclosure Fomn to Report Lobbying," in accordance with its instructions. The form may be obtained online from the federal Office of Management and Budget (OMB) web site at http://www.whitehouse.qov/omb/qrants/sflHin.pdf. linked on the page http://www.whitehouse.gov/omb/qrants/qrants forms.html. D. The Undersigned certifies that either (I) it is not an organization described in section 501(c)(4) of the internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Acfivifies". E. ifthe Undersigned is the Applicant, the Undersigned must obtain certificafions equal in forni and substance to paragraphs 1(A) through 1(D) above from all subcontractors before it 12/17/2003 REPORTS OF COMMITTEES awards any subcontract and the Undersigned must maintain all such subcontractors' certifications for the duration of the Matter and must make such certificafions promptly available to Uie City upon request. IL CERTIFiCATiON REGARDING NONSEGREGATED FACILITIES A. ff the Undersigned is the Applicant, the Undersigned does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, anditdoes not and wili not pemiit its employees to perfonn their services at any locafion under its control where segregated facilities are maintained. "Segregated facilities." as used in this provision, means any waifing rooms, wori< areas, restrooms, washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreafion or entertainment areas,fi-ansportafion.and housing provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of habit, local or employee custom, or otherwise. However, separated or single-user resfrooms and necessary dressing or sleeping areas must be provided to assure privacy between the sexes. B. ff the Undersigned is the Applicant and the Matter is federally funded, the Undersigned will, before the award of subcontracts (if any), obtain idenfical certifications from proposed subconbBctors under which the subconfi-actor will be subject to the Equal Opportunity Clause. ContiBCts and subcontracts exceeding $10,000, or having an aggregate value exceeding $10,000 in any 12-month period, are generally subject to the Equal Opportunity Clause. See 41 CFR F^irt 60 for further infonnation regarding the Equal Opportunity Clause. The Undersigned must retain tiie certificafions required by this paragraph (B) for the duration of Uie confi-act (ifany) and must make such certifications prompUy available to the City upon request C. if Uie Undersigned is the Applicant and the Matter is federally funded, the Applicant will forward the notice set forth below to proposed subcontractors: NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES Subcontractors must submit to the Contractor a Certification of Nonsegregated Facilities before the award of any subcontract under which the subcontractor will be subject to the federal Equal Opportunity Clause, The subcontractor may submit such certificafions either for each subcontract or for all subcontracts during a period (e.g., quarteriy. semiannually, or annually). 15127 15128 m, JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY Federal regulafions require prospective contractors for federally funded Matters (e.g., tiie Applicant) and proposed subconfi-actors to submit the following infonmafion with Uieir bids or in writing at the oiitset of negotiations. (NOTE: This Part III is to be completed only If the Undersigned is the Applicant.) A. B. C. Have you developed and do you have onfileaffiijnafive action programs pursuant to applicable federal regulations? (See 41 CFR^rt 60-2.) I]Yes []No lyfWA nfi-actsoF! Have you participated in any previous confi-acts ^ subconfi-acts subject to Uie equal opportunity daus^? []Yes []No Have youfiledwith the Joint Reporting Committee,ttieDirector of the Office of Federal Confi-act Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicablefilingrequireplents? []Yes [JNo j^/A SECTION SIX: NOTiCE AND ACKNOWLEDGMENT REGARDING GOVERNMENTAL ETHICS AND CAMPAIGN FINANCE ORDINANCES CITY The City's Governmental Ethics and Campaign Financing Ordinances. Chapters 2-156and2164 of the Municipal Code, impose certain dufies and obligations on individuals or entities seeking City confi-acts, wori^, business, or transactions. The Boand of Ethics has developed an ethics training program for such individuals and entities. The full text of these ordinances and tiie b-aining program is available on line at www.citvofchicaao.orq/Ethics/. and may also be obtained from the City's Board of Ethics, 740 N. Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The following is descriptive only and does not purport to cover every aspect of Chapters 2-156 and 2-164 ofthe Municipal Code. The Undersigned must comply fully with the applicable ordinances. X BY CHECKING THIS BOX THEUNDERSIGNED ACKNOWI-EDGESTHAT THE UNDERSIGNED UNDERSTANDS THATTHE CnVs GOVERNMENTAL ETHICS AND CAMPAIGN FINANCING ORDINANCES, AMONG OTHER THINGS: 1) Provide that any contract negotiated, entered into or performed in violafion of the City's ethics laws can be voided by the City. 2) Limit the gifts and favors any individual or entity can give, or offer to give, to any City official, employee, contractor or candidate for elected City office or the spouse or minor child of any of them, including: 12/17/2003 a. b. REPORTS OF COMMITTEES 15129 any cash gift or any anonymous gift; and any gift based on a mutual understanding that Uie City official's or employee's or City contractor's actions or decisions will be influenced in any way by the gift. 3) Prohibit any City elected official or City employee ft-om having a financial interest, directiy or indirecUy, in any confi-act, work, transaction or business of ttie City, if that interest has a cost or present value of $5,000 or more, or if that interest entities the owner to receive more than $2,500 per year. 4) Prohibit any appointed City official ft-om engaging in any contract, work, tiansaction or business of the City, unless the matter is wholly unrelated to ttie appointed official's dufies or responsibilifies. 5) Provide that City employees and officials, or their spouses or minor children, cannot receive compensafion or anything of value in return for advice or assistance on matters conceming the operafion or business ofthe City, unless their services are wholly unrelated to their City duties and responsibilifies. 6) Provide that fomier City employees and officials cannot, for a period of one year after their City employment ceases, assist or represent another on any matter involving the City if, while with the City, they were personally and substantially involved in Uie same matter. 7) Provide that former City employees and officials cannot ever assist or represent another on a City confi-act if, while wlUi the City, they were personally involved in or directly supervised the formulation, negotiation or execution of ttiat contract. SECTION SEVEN: CONTRACT INCORPORATION. COMPLIANCE. PENALTIESDISCLOSURE The Undersigned understands and agrees that: A. The certificafions. disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connecfion with tiie Matter, whether procurement. City assistance, or other City action, and are material Inducements to the City's execution of any confi-act or taking other action with respect to the Matter. The Undersigned understands that It must comply wlUi all statutes, ordinances, and regulations on which this EDS is based. B. ifttie City determines that any infonnation provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded, void or voidable), at law, or in equity, including terminating the Undersigned's participafion in he Matter and/or declining to allow the Undersigned to participate in otherfi-ansacfionswith the City. 15130 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 C. Some or all of the infomiafion provided on this EDS and any attachments to Uiis EDS may t>e made available to the public on the internet, in response to a Freedom of information Act request, or otherwise. By complefing and signing this EDS, the Undersigned waives and releases any possiblerightsor claims which it may have against the City in connection witti the public release of infomiafion contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS. D. The Undersigned has not withheld or reserved any disclosures as to economic interests in the Undersigned, or as to Uie Matter, or any information, data or plan as to the intended use or purpose for which the Appiicant seeks City Council or other City agency action. E. The infonnation provided in this EDS must be kept cun-ent. in the event of changes, Uie Undersigned must supplement this EDS up to thetimethe City takes action on the Matter. CERTIFICATION Under penalty of penury, the person signing below: (1) wan-ants that he/she Is authorized to execute this EDS on behalf of the Undersigned, and (2) warrants that all certifications and statements contained in this EDS aretiue,accurate and complete as ofthe date furnished to ttie City. Lf\K9 i'ifuJ l?)St O h ^ l l h ^ o/(amiu^CCL Date: \\'\b-tf^ (Print or type name of individual or legal entity submitting thj^lEDS) Print ortypename of signatory: S "OFFICIAL SEAL" \ CINTHIA DIAZ S Notary Public, State of Illinois \ My Commission Expires 2-7-2007 Subscribed to before me on Idatel \]CA)(!.m)()f y^ \Cr. at CfriV. 'TllmP [sjate]. Notary Public. Commission expires: Z-n'^0(S^ ( ( \ \ County, 12/17/2003 REPORTS OF COMMITTEES 15131 (Sub)Exhibit 4. (To Service Provider Agreement For Special Service Area Number 8) Contractor Insurance Provisions Special Service Area Number 8 Lakeview East Chamber Of Commerce. The Contractor must provide and maintain at Contractor's own expense, during the term of this Agreement, and during the time period following expiration if Contractor is required to retum and perfonn any additional Services, the insurance coverages and requirements specified below, insuring all operations related to the Agreement. A. Insurance To Be Provided. 1) Workers' Compensation And Employer's Liability. Workers' Compensation, as prescribed by applicable law covering all employees who are to provide a service under this Agreement and Employer's Liability coverage with limits of not less than One Hundred Thousand Dollars ($100,000) each accident or illness. 2) Commercial General Liability (Primary And Umbrella). Commercial General Liability Insurance or equivalent with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage liability. Coverage must include the following: all premises and operations, products/completed operations, separation of insureds and contractual liability (with no limitation endorsement). The City ofChicago is to be named as additional insureds on a primary, noncontributory basis for any liability arising directly or indirectly from the services. 15132 3) JOURNAL-CITY COUNCIL--CHICAGO 12/17/2003 Automobile Liability (Primary And Umbrella). When any motor vehicles (owned, non-owned and hired) are used in connection with work to be performed, the Contractor must provide Automobile Liability Insurance with limits of not less than One Million Dollars ($ 1,000,000) per occurrence for bodily injury and property damage. 4) Professional Liability. When any professional consultants (e.g., C.P.A.s, attomeys, architects, engineers, construction managers) perform work in connection with this Agreement, Professional Liability Insurance covering acts, errors or omissions must be maintained with limits of not less than Five Hundred Thousand Dollars ($500,000). Coverage must include contractual liability. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede, start of work on the Agreement. A claimsmade policy which is not renewed or replaced must have an extended reporting period of two (2) years. 5) Crime. Contractor must be responsible for all persons handling funds under this Agreement, against loss by dishonesty, robbery, burglary, theft, destruction or disappearance, computer fraud, credit card forgery and other related crime risks. The Contractor may self-insure this exposure. B. Security Firms. If the Contractor enters into a subcontract with a Security Firm, such Security Firm must be certified by the State of Illinois, and the Security Firm's employees must be registered and certified by the State. Contractor must ensure and require any Security Firm subcontractor to comply with the Risk Management Division approved Security Firm Insurance Provisions set forth in (Sub)Exhibit 5 of this Agreement, attached hereto and incorporated by references as though fully set forth herein. C. Other Requirements. The Contractor will furnish the City of Chicago, Department of Planning and Development, Community and Neighborhood Development, Room 1000, 121 North LaSalle Street, Chicago, Illinois 60602, original Certificates of Insurance, evidencing 12/17/2003 REPORTS OF COMMITTEES 15133 the required coverage 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 terrri of this Agreement. The Contractor must submit evidence of insurance on the City of Chicago Insurance Certificate of Coverage Form (copy attached) prior to award ofthis Agreement. The receipt of any certificate does not constitute agreement by the City that the insurance requirements in the Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all requirements of this Agreement. The failure ofthe City to obtain certificates or other insurance evidence from Contractor must not be deemed to be a waiver by the City. The Contractor must advise all insurers of the Agreement provisions regarding insurance. Nonconforming insurance must not relieve Contractor of its obligation to provide insurance as specified herein. Nonfulfillment of the insurance conditions may constitute a violation of the Agreement, and the City retains the right to stop work until proper evidence of insurance is provided, or the Agreement may be terminated. The insurance must 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 deductibles or self-insured retentions on referenced insurance coverages must be bome by Contractors. The Contractor agrees that insurers must waive their rights of subrogation against the City of Chicago, its employees, elected officials, agents or representatives. The coverages and limits fumished by Contractor in no way limit the Contractor's liabilities and responsibilities specified within the Agreement or by law. Any insurance or self-insurance programs maintained by the City of Chicago do not contribute with insurance provided by the Contractor under the Agreement. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Agreement or any limitation placed on the indemnity in this Contract given as a matter of law. The Contractor must require all subcontractors to provide the insurance required herein, or contractor may provide the coverage for subcontractors. All subcontractors are subject to the same insurance requirements of Contractor unless otherwise specified herein. 15134 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 IfContractor, or its subcontractors, desire additional coverage, the party desiring the additional coverages is responsible for the acquisition and cost. The City ofChicago Risk Management Department maintains the right to modify, delete, alter or change these requirements. (Sub)Exhibit 5. (To Service Provider Agreement For Special Service Area Number 8) Security Firm Insurance Provisions Special Service Area Number 8 Lake View East Chamber Of Commerce. The Security Firm must provide and maintain at Security Firm's own expense, until Contract completion, and during the time period following expiration if the Security Firm is required to r e t u m and perform additional Services, the insurance coverages specified below, insuring all operations related to the Contract. A. Insurance To Be Provided. 1) Workers' Compensation And Employer's Liability. Workers' Compensation, as prescribed by applicable law covering all employees who are to provide a service under this Contract and Employer's Liability coverage with limits of not less than Five Hundred Thousand Dollars ($500,000) each accident or illness. 2) Commercial General Liability (Primary And Umbrella). Commercial General Liability Insurance or equivalent with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily 12/17/2003 REPORTS OF COMMITTEES 15135 injury, personal injury, gind property damage liability. Coverage must include the following: all premises and operations, products/completed operations, separation of insureds and contractual liability (with no limitation endorsement). The S.S.A.C, the City of Chicago and the Contractor are to be named as additional insureds on a primary, noncontributory basis for any liability arising directly or indirectly from the work. 3) Automobile Liability (Primary And Umbrella). When any motor vehicles (owned, non-owned and hired) are used in connection with work to be performed, the Security Firm must provide Automobile Liability Insurance with limits of not less than One Million Dollars ($ 1,000,000) per occurrence for bodily injury and property daniage. 4) Professional Liability. Professional Liability Insurance covering acts, errors or omissions must be maintained with limits ofnot less than One Million Dollars ($1,000,000). Coverage must include contractual liability. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede, start of work on the Contract. A claims-made policy which is not renewed or replaced must have an extended reporting period of two (2) years. B. Other Requirements. The Security Firm will fumish the Contractor original Certificates of Insurance evidencing the required coverage to be in force on the date of this Contract, and Renewal Certificates of Insurance, or such similar evidence, if the coverages have an expiration or renewal date occurring during the term of this Contract. The Security Firm must submit evidence of insurance prior to Contract award. The receipt of any certificate does not constitute agreement by the Contractor that the insurance requirements in the Contract have been fully met or that the insurance policies indicated on the certificate are in compliance with all Contract requirements. The failure ofthe Contractor to obtain certificates or other insurance evidence from Security Firm must not be deemed to be a waiver by the Contractor. 15136 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 The Security Firm must advise all insurers of the Contract provisions regarding insurance. Non-conforming insurance must not relieve Security Firm of its obligation to provide insurance as specified herein. Nonfulfillment ofthe insurance conditions may constitute a violation ofthe Contract, and the Contractor retains the right to stop work until proper evidence of insurance is provided, or the Contract may be terminated. The insurance must provide for sixty (60) days prior written notice to be given to the Contractor in the event coverage is substantially changed, canceled or non-renewed. Any deductibles or self-insured retentions on referenced insurance coverages must be bome by Security Firm. The Security Firm agrees that insurers must waive their rights of subrogation against the Contractor and the City of Chicago, its employees, elected officials, agents, or representatives. The coverages and limits fumished by Security Firm in no way limit the Security Firm's liabilities and responsibilities specified within the Contract or by law. Any insurance or self-insurance programs maintained by the Contractor must not contribute with insurance provided by the Security Firm under the Contract. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of law. The Security Firm must require all subcontractors to provide the insurance required herein, or Security Firm may provide the coverages for subcontractors. All subcontractors are subject to the same insurance requirements of Security Firm unless otherwise specified herein. If Security Firm desires additional coverages, the Security Firm and each of its subcontractors desiring the additional coverages is responsible for the acquisition and cost. The Contractor maintains the right to modify, delete, alter or change these requirements. 15137 REPORTS OF COMMITTEES 12/17/2003 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 8) Prevailing Wages. (Page 1 of 9) Cook County Prevailing Wage For November, 2003. Trade Name ASBESTOS ABT-GEK ASBESTOS ABT-MEC BOILERMAKER BRICK MASON CARPENTER CEMENT MASON CERAMIC TILE FNSHER COMM. ELECT. ELECTRIC PWR EQMT OP ELECTRIC PWR GRNDMAN ELECTRIC PWR LINEMAN ELECTRICIAN ELEVATOR CONSTRUCTOR FENCE ERECTOR GLAZIER HT/FROST INSULATOR IRON WORKER LABORER LATHER MACHINIST MARBLE FINISHERS MARBLE MASON MILLWRIGHT OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER ORNAMNTL IRON WORKER RG TYPiC Base ALL BLD BLD BLD ALL ALL BLD BLD ALL ALL ALL ALL BLD ALL BLD BLD ALL ALL BLD BLD ALL BLD ALL BLD BLD BLD BLD FLT FLT FLT FLT HWY HWY HWY HWY HWY ALL 29.000 23.300 35.600 30.550 33.320 34.000 24.450 29.940 33.000 25.740 33.000 33.650 35.655 23.540 29.000 30.450 32.580 29.000 33.320 33.230 24.050 30.550 33.320 35.700 34.400 31.850 30.100 38.350 36.850 32.800 27.300 33.900 33.350 31.300 29.900 28.700 30.850 FRMAN *M-F>8 OSA OSH H/W 29.7B0 24.800 38.800 32.550 34.820 35.000 0.000 32.340 38.450 38.450 38.450 36.150 40.110 24.790 30.000 32.200 34.080 29.750 34.820 34.980 26.050 32.550 34.820 39.700 39.700 39.700 39.700 38.350 38.350 38.350 38.350 37.900 37.900 37.900 37.900 37.900 32.600 1-S 1.5 2.0 I.S I.S 2.0 2.0 I.S 1.5 1.5 1.5 1.5 2.0 1.5 1.5 1.5 2.0 1.5 1.5 2.0 1.5 1.5 1.5 2.0 2.0 2.0 2.0 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1 .5 2.0 Pensn 1.5 1.5 2.0 1.5 1.5 1.5 1.5 1-5 1.5 1.5 1.5 1-5 2.0 1.5 2.0 1.5 2.0 1.5 1.5 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 4.170 3.640 4.550 4.950 4 .930 5.080 4.750 5.100 5.570 4.350 5.570 7.450 5.775 6.000 5.340 6.810 6.000 4.170 4.930 3.380 5.520 5.690 5.860 4 .140 3.750 3.950 5.240 7.770 6.060 7 770 980 880 320 900 .010 9.660 3.380 4.140 2.0 1.5 1.5 1.6 2.0 2.0 2.0 2.0 1.5 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 3 4 4 4 5 5 5 5 3.600 5.860 5.860 4.140 .200 .470 .950 .930 .700 4.500 700 4.500 700 4.500 . 7 0 0 4 .500 5 . 4 0 0 4 .250 5 . 4 0 0 4 250 5 . 4 0 0 4 250 .400 4 250 .700 4 500 .700 4 500 .700 4 500 . 700 4.500 .700 4.500 6.000 7.870 Vac 0 000 0 000 0 000 0 000 0 000 0 000 0 000 0.000 0.000 0.000 0.000 0.000 2.140 0.000 0.000 0 000 0 000 0 000 0 000 2 290 0 000 6 000 0 000 1 800 1 BOO 1 800 1 BOO 1 700 1.700 1.700 1.700 1.800 1.800 1.800 1.800 1.800 0.000 Trng 0.170 0.000 0.210 0.550 0.440 0.150 0.210 0.700 0 170 0 120 0 170 0 750 0 000 0 000 0 400 0.230 0.270 0.170 0.440 0.000 0.550 0.550 0.440 0.550 0.550 0.550 0.550 0.000 0.000 0.000 000 550 550 550 550 550 750 15138 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 8) Prevailing Wages. (Page 2 of 9) Cook County Prevailing Wage For November, 2003. Trade Mame RG TCP, 'C Base FAINTER PAINTER SIGNS PILEDRIVER PIPEFITTER PLASTERER PLUMBER ROOFER 5HEETHETAL WORKER SIGN HANGER SPRINKLER FITTER STEEL ERECTOR STONE MASOH TERRAZZO FINISHER TBRRAZ20 MASON TILE MASON TRAFFIC SAFETY WRKR TROCK DlilVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TROCK DRIVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TUCKPOINTER ALI BLD ALL BLD BLD BLD BLD BLD BLD BLD AT.T. E E E E W H W W BLD BLD BLD BLD HWY ALL ALL ALL ALL ALL ALL ALL ALL BLP 1 2 3 4 1 2 3 4 31 .350 25 .530 33..320 34..000 29..990 36..000 30.,850 30..730 22..530 33 .700 32,.580 30 .550 2S..140 29,.050 29,.050 22,.050 26..900 27 .150 27 .350 27 .550 27 .500 27 .650 27 .850 28 .050 32 .200 FRMAH *M-•P>8 OSA OSH H/W 35,.260 28,.660 34..820 36..000 30..990 38..000 32..850 33..190 23 .380 35 .500 34..080 32 .550 0 .000 30,.550 31 .B50 23 .550 27 .550 27^.550 27,.550 27,.550 28 .050 28 .050 28 .050 28 .050 33 .200 ^« .5 ,5 .5 .5 .5 .5 .5 .5 .5 2 .0 2,.0 1,.5 2 .0 2..0 2 .0 .5 .5 .5 .5 .5 .5 .5 .5 .5 .5 1..5 i : ,5 1 . .5 1.,5 1 . .5 1..5 1,.5 1..5 1 .5 2,.0 2 .0 1 .5 1 .5 1 .5 1,.5 1 .5 1 .5 1,.5 1..5 1..5 1,.5 1.,5 1..5 1..5 1.,S 1,.5 1,.5 2..0 2..0 2..0 2,.0 2,.0 2,.0 2 .0 2 .0 2 .0 2 .0 2 .0 2 .0 2 .0 2 .0 2 .0 2..0 2..0 2 . .0 2..0 2..0 2..0 2..0 2..0 4..700 2..600 4..930 5..720 4..500 5..100 4..120 4..310 3 .730 6 .600 6 .000 4..950 5 .450 5 .450 4 .750 2 .478 4 .200 4..200 4..200 4..200 4..200 4..200 4..200 4..200 3..760 Pensn Vac 4..400 0. 000 2..040 0. 000 4..140 0. 000 5,.350 0..000 5..450 0,,000 3,.040 0.,000 2..460 0..000 6..790 0. 000 1 .890 0..440 5 .000 0..000 9 .660 0,.000 5 .860 0 .000 4 .630 0 .000 5 .550 0,.000 4 .750 0,.000 1 .800 0 .000 3 .200 0 .000 3..200. 0 .000 3..200 0 .000 3,.200 0,.000 3.,100 0 .000 .3..100 0 ,000 3 1100 0 .000 3..100 0 .000 5..340 0 .000 Legend; H-F>B (Overtime is required for any hour greater than e worked each day, Monday through Friday. OSA (Overtime is required for every hour worked on Saturday) OSH (Overtime is required for every hour worked on Sunday and Holidays) H/K (Health A Kelfare Inaurance) Penan (Pension) Vac (Vacation) Trng (Training) Trng 0.340 0.000 0.440 0.000 0.400 0.390 0.320 0.490 0.000 0.450 0.270 O.SSO 0.200 0.160 0.430 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.5B0 12/17/2003 REPORTS OF COMMITTEES (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 8) Prevailing Wages. (Page 3 of 9) Explanations. COOK COUNTY TRUCK DRIVERS (WEST) - That part of the county West of Barrington Road. The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial/Decoration Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day. Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration such as the day after Thanksgiving for Veterans Day. If in doubt, please check with IDOL. EXPLANATION OF CLASSES ASBESTOS - GENERAL - removal of asbestos material from any place in a building, including mechanical systems where those mechanical systems are to be removed. This includes the removal of asbestos materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close future date. ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where, the mechanical systems are to remain. CERAMIC TILE FINISHER The grouting, cleaning, and polishing of all classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed products; all composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass, mosaics, fiberglass, and all substitute materials, for tile made in tile-like units; all mixtures in tile like form of cement, metals, and other materials that are for and intended for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings, swimming pools, and all other places where tile is to form a finished interior or exterior. The mixing of all setting mortars including but 15139 15140 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 8) Prevailing Wages. (Page 4 of 9) Explanations. not limited to thin-set mortars, epoxies, wall mud, and any other sand and cement mixtures or adhesives when used in the preparation, installation, repair, or maintenance of tile and/or similar materials. The handling and unloading of all sand, cement, lime, tile, fixtures, equipment, adhesives, or any other materials to be used in the preparation, installation, repair, or maintenance of tile and/or similar materials. Ceramic Tile Finishers shall fill all joints and voids regardless of method on all tile work, particularly and especially after installation of said tile work. Application of any and all protective coverings to all types of tile installations including, but not be limited to, all soap compounds, paper products, tapes, and all polyethylene coverings, plywood, masonite, cardboard, and any new type of products that may be used to protect tile installations, Blastrac equipment, and all floor scarifying equipment used in preparing floors to receive tile. The clean up and removal of all waste and materials. All demolition of existing tile fioors and walls to be re-tiled. COMMUNICATIONS ELECTRICIAN - Installation, operation, inspection, maintenance, repair and service of radio, television, recording, voice sound vision production and reproduction, telephone and telephone interconnect, facsimile, data apparatus, coaxial, fibre optic and wireless equipment, appliances and systems used for the transmission and reception of signals of any nature, business, domestic, commercial, education, entertainment, and residential purposes, including but not limited to, communication and'telephone, electronic and sound equipment, fibre optic and data communication systems, and the performance of any task directly related to such installation or service whether at new or existing sites, such tasks to include the placing of wire and cable and electrical power conduit or other raceway work within the equipment room and pulling wire and/or cable through conduit and the installation of any incidental conduit, such that the employees covered hereby can complete any job in full. MARBLE FINISHER Loading and unloading trucks, distribution of all materials (all stone, sand, etc.), stocking of floors with material, performing all rigging for heavy work, the handling of all mateiral that may be needed for the installation of such materials, building of scaffolding, polishing if needed, patching, waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble. 12/17/2003 REPORTS OF COMMITTEES (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 8) Prevailing Wages. (Page 5 of 9) Explanations. holding water on diamond or Carborundum blade or saw for setters cutting, use of tub saw or any other saw needed for preparation of material, drilling of holes for wires that anchor material set by setters, mixing up of molding plaster for installation of material, mixing up thin set for the installation of material, mixing up of sand to cement for the installatin of material and such other work as may be required in helping a Marble Setter in the handling of all material in the erection or installation of interior marble, slate, travertine, art marble, serpentine, alberene stone, blue stone, grajiite and other stones (meaning as to stone any foreign or domestic materials as are specified and used in building interiors and experiors and customarily known as stone in the trade), carrara, sanionyx, vitrolite and similar opaque glass and the laying of all marble tile, terrazzo tile, slate tile and precast tile, steps, risers treads, base, or any other materials that may be used as substitutes for any of the aforementioned materials and which are used on interior and experior which sare installed in a similar manner. TERRAZZO FINISHER The handling of sand, cement, marble chips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the mixing, grinding, grouting, cleaning and sealing of all Marble, Mosaic, and Terrazzo work, floors, base, stairs, and wainscoting"by hand or machine, and in addition, assisting and aiding Marble, Masonic, and Terrazzo Mechanics. > TRAFFIC SAFETY Work associated with barricades, horses and drums used to reduce lane usage on highway work, the installation and removal of temporary lane markings, and the installation and removal of temporary road signs. TRUCK DRIVER - BUILDING, HEAVY~AND HIGHWAY CONSTRUCTION - EAST & WEST Class 1. Two or three Axle Trucks. A-frame Truck when used for transportation purposes; Air Compressors and Welding Machines, including those pulled by cars, pick-up trucks and tractors; Ambulances; Batch Gate Lockers; Batch Hopperman; Car and Truck Washers; Carry-alls; Fork Lifts and Hoisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors 2-man operation; Pavement Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors; Self-propelled Chip Spreader; Skipman; Slurry Trucks, 2-man operation; 15141 15142 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 6. (To Service Provider Agreement For Special Sei-vice Area Number 8) Prevailing Wages. (Page 6 of 9) Explanations. slurry Truck conveyor Operation, 2 or 3 man; TEamsters Unskilled dumpman; and Truck Drivers hauling waming lights, barricades, and portable toilets on the job site. Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or Turnatrailers when pulling other than self-loading equipment or similar equipment under 16 cubic yards; Mixer Trucks under 7 yards; Ready-mix Plant Hopper Operator, and Winch Trucks, 2 Axles. Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or turnapulls when pulling other than self-loading equipment or similar equipment over 16 cubic yards; Explosives and/or Fission Material Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Oil Distributors, 1-man operation; Pole Trailer, over 40 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry trucks, 1-man operation; Winch trucks, 3 axles or more; Mechanic--Truck Welder and Truck Painter. Class 4. Six axle trucks; Dual-purpose vehicles, such as mounted crane trucks with hoist and accessories; Foreman; Master Mechanic; Self-loading equipment like P.B. and trucks with scoops on the front. OPERATING ENGINEERS - BUILDING Class 1. Mechanic; Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with Caisson attachment; Batch Plant; Benoto; Boiler and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant; Combination Back Hoe Front End-loader Machine; Compressor and Throttle Valve; Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Paver; Concrete Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted); Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes, (GCI and similar Type); Creter Crane; Crusher, Stone, etc.; Derricks, All; Derricks, Traveling; Formless Curb and Gutter Machine; Grader, Elevating; Grouting Machines; Highlift Shovels or Front Endloader 2-1/4 yd. and over; Hoists, Elevators, outside type rack and pinion and similar machines; Hoists, one, two and three Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment); Locomotives, All; Motor Patrol; Pile Drivers and Skid Rig; Post Hole Digger; Pre-Stress Machine; Pump 12/17/2003 REPORTS OF COMMITTEES (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 8) Prevailing Wages. (Page 7 of 9) Explanations. Cretes Dual Ram; Pump Cretes; Squeeze Cretes-screw Type Pumps; Raised and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor Drawn; Slip-form Paver; straddle Buggies; Tournapull; Tractor with Boom and Side Boom; Trenching Machines. Class 2. Bobcat (over 3/4 cu. yd.); Boilers; Brick Forklift; Broom, All Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over); Conveyor, Portable; Forklift Trucks; Greaser Engineer; Highlift Shovels or Front Endloaders under 2-1/4 yd.; Hoists, Automatic; Hoists, inside Freight Elevators; Hoists, Sewer Dragging Machine; Hoists, Tugger Single Drum; Laser Screed; Rock Drill (self-propelled); Rock Drill (truck mounted); Rollers, All; Steam Generators; Tractors, All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame. Class 3. Air Compressor; Combination - Small Equipment Operator; Generators; Heaters, Mechanical; Hoists, Inside Elevators - (Rheostat Manual Controlled); Hydraulic Power Units (Pile Driving, Extracting, and Drilling); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Pumps, Well Points; Welding Machines (2 through 5); Winches, 4 small Electric Drill Winches; Bobcat (up to and including 3/4 cu. yd.) . Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick Forklift. OPERATING ENGINEERS - FLOATING ' Class 1. Craft foreman (Master Mechanic), diver/wet tender, engineer (hydraulic dredge). Class 2. Crane/backhoe operator, mechanic/welder, assistant engineer (hydraulic dredge), leverman (hydraulic dredge), and diver tender. Class 3. Deck equipment operator (machineryman), maintenance of crane (over 50 ton capacity) or backhoe (96,000 pounds or more), tug/launch operator, loader, dozer and like equipment on barge, breakwater wall, slip/dock or scow, deck machinery, etc. Class 4. Deck equipment operator (machineryman/fireman), (4 equipment units or more) and crane maintenance 50 ton capacity and under or backhoe weighing 96,000 pounds or less, assistant tug operator. OPERATING ENGINEERS - HEAVY AND HIGHWAY CONSTRUCTION Class 1. Craft Foreman; Asphalt Plant; Asphalt Heater and Planer 15143 15144 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 8) Prevailing Wages. (Page 8 of 9) Explanations. Combination; Asphalt Heater Scarfire; Asphalt Spreader; Autograder/GOMACO or other similar type machines; ABG Paver; Backhoes with Caisson attachment; Ballast Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi-Mix Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with attachments); Concrete Breaker (Truck Mounted): Concrete Conveyor; Concrete Paver over 27E cu. ft.; Concrete Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Hammerhead, Linden, Peco & Machines of a like nature; Crete Crane; Crusher, Stone, etc.; Derricks, All; Derrick Boats; Derricks, Traveling; Dowell machine with Air Compressor; Dredges; Field Mechanic-Welder; Formless C^irb and Gutter Machine; Gradall and Machines of a like nature; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard Rail Post Driver Mounted; Hoists, One, Two and Three Drum; Hydraulic Backhoes; Backhoes with shear attachments; Mucking Machine; Pile Drivers and Skid Rig; Pre-Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck Mounted; Roto Mill Grinder; Slip-Form Paver; Soil Test Drill Rig (Truck Movmted); Straddle Buggies; Hydraulic Telescoping Form (Tunnel); Tractor Drawn Belt Loader (with attached pusher - two engineers); Tractor with Boom; Tractaire with Attachments; Trenching Machine; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole; Drills (Tunnel Shaft); Underground Boring and/or Mining Machines; Wheel Excavator; Widener (APSCO)., Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front Endloader Machine (less than 1 cu. yd. Backhoe Bucket or over or with attachments); Compressor and Throttle Valve; Compressor, Common Receiver (3); Concrete Breaker or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 7S Series to and including 27 cu. ft.; Concrete Spreader; Concrete Curing Machine, Burlap Machine, Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or Similar Type); Drills, All; Finishing Machine Concrete; Greaser Engineer; Highlift Shovels or Front Endloader; Hoist - Sewer Dragging Machine; Hydraulic Boom Trucks (All Attachments); Hydro-Blaster; All Locomotives, Dinky; Pump Cretes; Squeeze Cretes-Screw Type Pumps, Gypsum Bulker emd Pump; Roller, Asphalt; Rotory Snow Plows; Rototiller, Seaman, etc., self-propelled; Scoops Tractor Drawn; Self-Propelled Compactor; Spreader - Chip - Stone, etc.; Scraper; Scraper - Prime Mover in Tandem (Regardless of Size); Tank Car Heater; Tractors, Push, Pulling Sheeps Foot, Disc, Compactor, etc.; Tug Boats. 12/17/2003 REPORTS OF COMMITTEES (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 8) Prevailing Wages. (Page 9 of 9) Explanations. class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2); Concrete Mixer (Two Bag and Over); Conveyor, Portable; Farm-Type Tractors Used for Mowing, Seeding, etc.; Fireman on Boilers; Forklift Trucks; Grouting Machine; Hoists, Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Pipe Jacking Machines; Post-Hole Digger; Power Saw, Concrete Power Driven; Pug Mills; Rollers, other than asphalt; Seed and straw Blower; Steam Generators; Stump Machine; Winch Trucks wdth "A" Frame; Work Boats; Tamper - Form-Motor Driven. Class 4. Air Compressor; Combination - Small Equipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic Power Unit (Pile Driving, Extracting, or Drilling); HydroBlaster; Light Plants, All (1 through 5); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Pumps, Well Points; Tractaire; Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches. Class 5. Bobcats (all); Brick Forklifts, Oilers. Other Classifications of Work: For definitions of classifications not otherwise set out, the Department generally has on file such definitions which are available. If a task to be performed is not subject to one of the classifications of pay set out, the Department will upon being contacted state which neighboring county has such a classification and provide such rate, such rate being deemed to exist by reference in this document. If no neighboring county rate applies to the task, the Department shall undertake a special determination, such special determination being then deemed to have existed under this determination. If a project requires these, or any classification not listed, please contact IDOL at 618/993-7271 for wage rates or clarifications. LANDSCAPING Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of equipment used or its size) is covered by the classifications of operating engineer. The work performed by landscape truck drivers (regardless of size of truck driven) is covered by the classifications of truck driver. 15145 15146 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 7. (To Service Provider Agreement For Special Service Area Number 8) Performance Bond Form. CONTRACTOR'S PERFORMANCE & PAYMENT BOND ^nnfai ^ 1 ^ e n b^ tl{»e presents, That we. Principal, hereinafter refened to as Contractor, and . Surety of the County of Cook and State of Dlinois, are held and finnly bound unto the CTTY OF CHICAOO in the penal sum of lawful money of the United States, for the payment of which sum of money, well and truly to be made, we bind ourselves, our heirs, executoif, administrators, successors and assigns, jointly and severally, firmly by these presents. ^tslsh with our seals and dated this day of AD., 20 ^\]t ttnnbtltan of II{e ^ a i t t (Bbligslton is sutl(, That whereas the above bounden Contractor has entered into a certain contiact with the CITY OF CHICAGO, bearing Contract No. and Specification No. all in conformity with said contract, fot. The said contract is incorporated herein by reference in its entirety, including without limitation, any and all indenmification provisions. Now, if the said Contractor shall in all respects well and truly keep and perform the said contract on its part, in accordance with the terms and provisions of all of Ihe Contract Documents comprising said contract, and in the time and manner therein prescribed, and further shall save, indemnify, and keep harmless the City of Chicago against all loss, damages, claims, liabilities, judgements, costs and expenses which may in anywise accrue against said City of Chicago, in consequence of the granting of said contract, or which nuy in anywise result therefrom, or which nuy result from sDict liability, or which may in anywise result from any injuries to, or death of, any peison, or damage to any real or personal propeity, arising directly or indirectly from or in connection with, work perfonned or to be 12/17/2003 REPORTS OF COMMITTEES 15147 perfmied under said rantnci by said Cootnctor, itt Agents, Employees or Woricmen, aitignees, tubconnacton, or anyone •lie, ia any lespeet whatever, or which may result on account of my infringement of any patent by reuon of the materials, machinety, devicet or appaiatui nied in the performance of said contract,' and moreover, thall pay to taid Qty any tum or lums of money deteimined by the Puichuing Agent, and/or by a court of competent jurisdiction, to be due said Gty by reason of any failure or neglect in the perfonnance of the requiremenu of said contract, wherefore tbe said Purchasing Agent Ihall have elected to suspend or cancel the same, and shall pay all clainu and demandt whatsoever, which may accrue to each and every materialman and subcontractor, and to each and every penon wbo ihall be employed by the taid Contractor or by iu assignees and nibcontraciort, in or about Ihe perfoimance of taid contract, t n d with wages paid at prevailing wage rates if to required by taid contract, and thall inture iu liability to pay the compentation. and ihall pay all claims and demands for compensation which may accrue to each and every person wbo shall be employed by them or any of (hem in or aboat the performance of said cohtiact, or which thall accrue to die beneficiaries or dependenu of any tuch penon, under the provitiont of Ihe-Woffcen' Compensadon Act, 820 ILCS 305, as amended, and the Woricers' Occupational Disease Act, 820 ILCS 310, at amended (bereiiiafter refened to as "Acu*^ then is this obligation to be null and void, otherwise to remain in fiill force and effect And it is hereby expressly understood and agreed, and made a condition hereof, that any judgement rendered againti taid O t y in any suit based upon any loss, damages, claims, liabilities, judgemenu, cosu or expenses which may in anywise accrue against taid City^ as a consequence of tbe granting of said contract, or which may in anywise result therefrom, or whidi may in anywise result from any injuries to, or death of, any penon, or damage to any real or personal propeny, arising directly or indirectly from, or in connection with, woric perfonned, or to be performed under said contract by said Contractor or iu ageou, eiqiloyees or workmen, assignees, tubcontractoct, or anyone else and also any decision of the Industrial Commission of the State of Dlimns, and any order of court based upon tuch decitton, or judgement thereon, rendered against said City of Chicago in any suit or claim arising under the aforementioned Acu when notice of the peottency or aibitiatioo proceedings or suit thall have been given taid extractor, tball be conclusive against each and all parties to this oUigatioii, as to amount, liability and all other things pertaining thereto. * Every person fiimishing material or perfonning labor in the performance of said contract, either as an individual, as a subcontractor, or oifaerwite, thall have the right to tue on tbit bond in the name of the City of C3iicago for his use and benefit and in tuch suit taid penon at idaindfT, thall file a copy of this bond, certified by die pany or parties in whose charge this bond thall be, which copy thall be, unless execution dierraf be denied under oath, piiina fade evidence of the execution and deUvery of die original; provided, that nothing in this bond contained tball be taken to make tbe City of Chicago liable to any subcontractor, materialman, laborer or to any other person B> any greater extent than it would have been liable prior to the enactment of the Public Construction Bond Act, JO ILCS SSO, as amended; provided further, dial any person having a claim for labor and materials fiimished in the performance of diis contract shall have no right of action unlessheshallhavefileda verified notice of such claim widi die Cleric of the Gty of Chicago widnn 180 days after die date of die last item of work or the fiimitbing of the last item of materials, and shal] have fVunished a copy of such verified notice to the contractor widiin 10 days of die filing of die notice widi the Qty of Chicago. Such claim shall be verified and thall contain die name and addrcts of the claimant, die business address of die claimant widun die State of Illinois, if any, or if tbe claimant be a foreign corporation having no place of business with the State the principal place ofbusiness of said corporation, and in aU cases of paitnenhip the names and retidenoes of each of the parmen, die name of dte contractor for die Qty of Chicago, die name of die person, firm or corporation by whom the claimant was employed or to whom such claimant fiimished materials, die amount of die claim and a brief description of die public impiDvement for tlie constiuction or installation of which the contract is lo be peifoimed. Provided, fiuther, that no defect hi the notice heieio piovided for thall deprive die claimant of hit right of action under die terms and provisions of this bond unless it shall afiimiatively appear dut tuch defect has prejudiced die righu of an interested party asserting die same; provided, further, dial no action thall be brought until die expiration of one hundred twenty (120) days after die date of die last item of woric or of die fumithing of die lait item of material, except in cases where the fmal setdement between die Qty of Chicago and die Contractor thall have been made prior to die expiration of the 120 day period in which case action may be taken immediately following such final setdement, and provided, fimber, diat no action of any kind shall be brought later dian tix (6) mondu after die acceptance by the City of Chicago of die completion of work. Any tuit upon this bond sball be brought only in a cireuit court of the Stale of IlUnois in the judicial district in which the contract shall have beoi perfonned. JOURNAL-CITY COUNCIL-CHICAGO 15148 12/17/2003 The said Surety, for value received, hereby stipulates and agrees dial no change, extension of time, alteration or addition to die terms of any of die Contract IXicumenU comprising said contract, or to the work to be perfonned diereunder, shaU in anyvrite affect the obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said Coiuract DocumenU or U} the woric (Sed) Approved^ -.20_ (Sen!) (Seal) Purduoiiis Atoil (Seal) Approved is lo fonn ind legality: (Seal) Atrittanl Corpontkm Counsel (Seal) 7" STATE OF ILLINOIS !•} ss. COUNTY OF COOK, _, a Notaiy PubUc in and for die County and S u t e I . ^ ^ _ _ _ ^ _ ^ _ _ _ _ _ _ _ _ ^ ^ _ _ President and aforesaid, DO HEREBY CERTIFY dut_ . Secretary of die_ Z o who are personally known to me to be the same persons whose names are subscribed in the foregoing instrument as President and . Secretaty, appeared such. before me this day in person and acknowledged that they signed, sealed and delivered the said instrument of writing as their fiee and voluntary act, and as the free and voluntary act of the said for the uses and purposes therein set forth, and caused the corporate seal of taid Company to be thereto attached. GIVEN under my hand and Notarial Seal this day of Notary Public \ 20_ 12/17/2003 REPORTS OF COMMITTEES 15149 / STATE OF ILLINOIS,! COUNTY OF COOK,/ , a Noiaiy Public in and for die Couniy and S m e aforesaid, DO HEREBY CERTIFY d i a t . I . of die_ to be the tame p e i t o n . . whose n a m e . o . penonally known _who_ . subscribed in the foregoing instrument as tucfa_ _, appeared before me this day in p e n o n and acknowledged that. _6ee and voluntaiy act, and as the free signed, sealed and delivered the said instmment of writing as_ and voluntary act of the said_ for the uses and puiposes tiierein set forth, and caused the corporate seal of said Company lo be thereto attached. D in GIVEN under my hand and Notarial Seal dus day of ^20_ Notary PubUc \ ( STATE OF ILLINOIS,! COUNTY OF COOK, J _, a Notary PubUc in and for the Couniy and State aforesaid, DO HEREBY CERTIFY dial who ' personally known lo me to be the same penons whose n a m e . instrument, appeared before me diis day in peison and acknowledged dial taid instrument of writing as \ .subscribed in the foregoing be signed, sealed and delivered the free and voluntary act, for the uses and puiposes therein set forth. GIVEN under my hand and Notarial Seal diis day of Notary PubUc 20 15150 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 8. (To Service Provider Agreement For Special Service Area Number 8) Contractor Affidavit. Contractor Name: Special Service Area Number: Agreement ("Agreement"): Agreement between the City of Chicago and , relating to the provision of special services. dated Affidavit. The undersigned, , as , and on behalf of , having been duly swom under oath, certifies that in the year , it performed all ofthe Services described in Exhibit 1 ofthe Agreement in accordance with the terms of the Agreement and that it spent all funds obtained from the City in connection with that Agreement on the Services described in (Sub)Exhibit 1. Nothing in this Affidavit may be construed as limiting Contractor's obligations under the Agreement. All terms not defined in this Affidavit will be as defined in the Agreement. Under penalty of perjury, I certily that I am authorized to execute this Affidavit on behalf of the Contractor, that I have personal knowledge of the certifications made in this Affidavit and that they are true and correct. Name of Contractor: Signature of Authorized Officer Name of Authorized Officer (Print or Type) 12/17/2003 REPORTS OF COMMITTEES 15151 State of County of_ Swom to and acknowledged before me by signatory] as [title] of contracting party] this day of • [name of [name of , 20 . Signature of Notary AUTHORIZATION FOR ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 2 4 , IMPOSITION OF TAX LEVY, APPROVAL OF 2 0 0 4 BUDGET AND EXECUTION OF SERVICE PROVIDER AGREEMENT. The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration, the imposition ofa tax levy, the approval of the 2004 budget and the execution of a service provider agreement for Special Service Area Number 24, amount to be levied: $234,108, having had 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 viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. 15152 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Munoz, Zalewski, Chandler, Solis, Ocasio, Burnett, E. Smith, Carothers, Rebojo-as, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore - 48. Nays — None. Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed: WHEREAS, Special service areas may be established pursuant to Article VII Sections 6(1) and 7(6) ofthe Constitution ofthe State oflllinois, and pursuant to the provisions ofthe Special Service Area Tax Law, 35 ILCS 200/27-5, et seq. (the "Act") and pursuant to the Revenue Act of 1939, 35 ILCS 2 0 5 / 1 , et seq., (the "Revenue Act") as amended from time to time; and WHEREAS, The City Council ofthe City ofChicago (the "City Council") determines that it is in the best interests ofthe City ofChicago (the "City") to establish a special service area to be known and designated as Special Service Area Number 24 (the "Area") to provide certain special govemmental services in addition to services provided generally by the City, all as further provided in this ordinance (the "Special Services"), and further determines to authorize the levy ofan annual ad valorem real property tax for a period of ten (10) years within the Area sufficient to produce revenues required to provide those Special Services (the "Services Tax"); and WHEREAS, The City Council desires to authorize the execution of an agreement with a service provider for the provision of the Special Services in and for the Area in fiscal year 2004; now, therefore. Be It Ordained by the City Council of the City of Chicago: SECTION 1. Incorporation Of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. SECTION 2. Findings. The City Council finds and declares as follows: 12/17/2003 REPORTS OF COMMITTEES 15153 (a) the Area, as established by this ordinance, consists of contiguous territory in the City; (b) the City Council adopted an ordinance on September 4, 2003 authorizing a public hearing (the "Public Hearing") to consider the establishment ofthe Area and the levy of the Services Tax on the taxable property located in the Area to provide the Special Services; (c) notice of the Public Hearing was given by publication at least once not less than fifteen (15) days prior to the hearing in the Chicago Sun-Times, a newspaper published in and of general circulation within the City, and notice of the Public Hearing was also given by depositing said notice in the United States mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each property lying within the Area, not less than ten (10) days prior to the time set for the Public Hearing. For any properties for which taxes for the last preceding year were not paid, the notice was sent to the person last listed on the tax rolls prior to that year as the owner of the property; (d) the notice complied with all of the applicable provisions of the Act; (e) the Public Hearing was held on September 26, 2003 by the Committee on Finance ofthe City Council. All interested persons, including all persons owning real property located within the Area, were given an opportunity to be heard at the Fhiblic Hearing regarding any issues embodied in the notice and have had an opportunity to file with the City Clerk of the City written objections on such issues; (f) the Committee on Finance of the City Council has heard and considered all ofthe comments, objections, protests and statements made at the Public Hearing with regard to the issues embodied in the notice and has determined to recommend to the City Council that it is in the public interest and in the interest of the City and the Area to establish the Area and to authorize the levy of the Services Tax, all as provided in this ordinance; (g) the Public Hearing was finally adjourned on September 26, 2003; (h) the sixty (60) day period as described in Section 27-55 ofthe Act, in which an objection petition to this ordinance may be filed, commenced on September 26, 2003; and 15154 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (i) the City Council hereby finds and determines that it is in the best interests ofthe City that the Area be established and the Services Tax be authorized, all as set forth herein. SECTION 3. Area Established. There is hereby established a special service area located within the City to be known and designated as City of Chicago Special Service Area Number 24. The approximate street location of said territory consists of West Morse Avenue, from North Clark Street to North Sheridan Road; on North Clark Street, from West Wallen Avenue to West Birchwood Avenue; on North Glenwood Avenue, frorri West Lunt Avenue to West Farwell Avenue. A legal description of the Area is attached as Exhibit 1 hereto and hereby incorporated herein. A map ofthe Area is attached as Exhibit 2 hereto and hereby incorporated herein. A list of Permanent Index Numbers for the properties in the Area is attached hereto as Exhibit 3 and hereby incorporated herein. SECTION 4. Special Services Authorized. The Special Services authorized hereby include maintenance and beautification activities including, but not limited to, snow removal and sidewalk cleaning; security services, including, but not limited to, the development of safety programs; recruitment and promotion of new businesses to the Area and retention and promotion of existing businesses within the Area; coordinated marketing and promotional activities; strategic planning for the general development ofthe Area; financing of storefront facade improvements; and other technical assistance activities to promote commercial and economic development, including, but not limited to, streetscape improvements, strategic transit/parking improvements including parking management studies, and enhanced land-use oversight and control initiatives (collectively, the "Special Services"). The Special Services shall be in addition to services provided to and by the City of Chicago generally. SECTION 5. Authorization Of Levy. There is hereby authorized to be levied in each year beginning in 2003 through and including 2012 the Services Tax upon the taxable property within the Area to produce revenues required to provide the Special Services, said Services Tax not to exceed the sum of sixty hundredths of one percent (0.60%) ofthe equalized assessed value ofthe taxable property within the Area. The Services Tax shall be in addition to all other taxes provided by law and shcdl be levied pursuant to the provisions of the Revenue Act. The levy of the Services Tax for each year shall be made by annual ordinance, commencing with this ordinance. SECTION 6. Appropriations. Based on the recommendation of the Department ofPIanning and Development, there is hereby appropriated the following sum in the amount and for the purposes necessary to provide the Special Services in and for the Area indicated as follows: 12/17/2003 REPORTS OF COMMITTEES 15155 Special Service Area Number 24 Special- Service Area Budget. For the fiscal year beginning January 1, 2004 and ending December 3 1 , 2004. Expenditures Service Provider Agreement for the provision of Special Services $234,108 TOTAL BUDGET REQUEST: $234,108 Source of Funding Tax levy at a rate nbt to exceed sixty one-hundredths of one percent (0.60%) ofthe assessed value, as equalized, of taxable property within Special Service Area Number 24 $234,108 SECTION 7. Levy Of Taxes. There is hereby levied pursuant to the provisions of Article VII, Sections 6(a) and 6(1) (2) ofthe Constitution ofthe State oflllinois and pursuant to the provisions of the Act and pursuant to the provisions of this ordinance, the sum of Two Hundred Thirty-four Thousand One Hundred Eight Dollars ($234,108) as the amount ofthe Services Tax for the tax year 2003. SECTION 8. Commission Authorized. There is hereby established the Clark Street Special Service Area Commission (the "Commission") which shall consist of nine (9) members. The Mayor, with the approval ofthe City Council, shall appoint the initial Commission members from a list of nominees submitted by the DevCorp North, an Illinois not-for-profit corporation (the "Organization"). Of the initial Commission members, five (5) members shall be appointed to serve for two (2) year terms, and four (4) shall be appointed to serve for one (1) year terms. Upon the expiration of the term of any Commission member, the Mayor, with the approval of City Council, shall appoint a successor Commission member from a list of nominees submitted by the Organization. Other than the initial Commissioners, each 15156 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Commission member shall be appointed to serve for a term of two (2) years and until a successor is appointed. In the event of a vacancy on the Commission due to resignation, death, inability to serve, removal by the Mayor or other reason, the Mayor, with the approval of City Council, shall appoint a successor from a list of nominees submitted by the Organization. Each successor so appointed shall serve for the remaining term for which h e / s h e was appointed. The Commission shall designate one (1) member as the chairman ofthe Commission, and h e / s h e shall serve not more than two (2) successive two (2) year terms. The Commission may establish bylaws for its procedural operation. The Commission shall have the powers delegated to it in Section 9 hereof. The terms and powers of the Commission members shall cease upon the termination of the time period for which the levy ofthe Services Tax is authorized. The members of the Commission shall serve without compensation. SECTION 9. Powers Of The Commission. The Commission is hereby granted the following powers: (a) to recommend the rate or amount of the Services Tax and an annual budget to the City Council; and (b) to recommend a sole service provider contract, including a scope of services and a contractor therefor, to the City Council for the provision of the Special Services. SECTION 10. Service Provider Agreement. The Commissioner of the Department ofPIanning and Development (the "Commissioner"), or a designee ofthe Commissioner, are each hereby authorized, subject to approval by the Corporation Counsel as to form and legality, to enter into, execute and deliver an agreement with the Organization, in substantially the form attached hereto as Exhibit 4 and hereby made a part hereof (the "Service Provider Agreement"), and such other supporting documents, ifany, as may be necessary to carry out and comply with the provisions ofthe Service Provider Agreement, with such changes, deletions and insertions as shall be approved by the persons executing the Service Provider Agreement. SECTION 11. Exemption. The Service Provider Agreement is hereby declared exempt from Section 2-156-020 ofthe Municipal Code ofthe City ofChicago. SECTION 12. Protests And Objections. If a petition ofobjection is filed with the Office ofthe City Clerk ofthe City signed by at least fifty-one percent (51%) ofthe electors residing within the boundaries of the Area and by at least fifty-one percent (51%) ofthe owners ofrecord ofthe property included within the boundaries ofthe Area within sixty (60) days following the adjournment of the Public Hearing, all as 12/17/2003 REPORTS OF COMMITTEES 15157 provided for in Section 27-55 of the Act, as a result of such filing this ordinance shall be deemed to be null and void, the Area shall not be created, the Services Tax shall not be levied, and the Service Provider Agreement shall not be entered into or shall be deemed to be null and void and no compensation in connection therewith shall be provided to the Organization. SECTION 13. Severability. If any provision of this ordinance or the application of any such provision to any person or circumstances shall be invalid, such invalidity shall not affect the provisions or application of this ordinance which can be given effect without the invalid provision or application, and to this end each provision ofthis ordinance is declared to be severable. SECTION 14. Filing. The City Clerk is hereby ordered and directed to file in the Office of the County Clerk of Cook County, Illinois (the "County Clerk"), in accordance with Section 27-75 of the Act, a certified copy of this ordinance containing an accurate map of the Area. The City Clerk is hereby further ordered and directed to file in the Office of the Recorder of Deeds of Cook County, in accordance with Section 27-40 of the Act, a certified copy of this ordinance containing a description of the Area, within sixty (60) days of the effective date of this ordinance. In addition, the City Clerk is hereby further ordered and directed to file in the Office ofthe County Clerk, in accordance with Section 27-75 ofthe Act, a certified copy ofthis ordinance on or prior to December 30, 2003, and the County Clerk shall thereafter extend for collection together with all other taxes to be levied by the City, the Services Tax herein provided for, said Services Tax to be extended for collection by the County Clerk for the tax year 2003 against all the taxable property within the Area, the amount of the Services Tax herein levied to be in addition to and in excess of all other taxes to be levied and extended against all taxable property within the Area. SECTION 15. Confiict. This ordinance shall control over any provision of any other ordinance, resolution, motion or order in conflict with this ordinance, to the extent of such conflict. SECTION 16. Publication. This ordinance shall be published by the City Clerk, in special pamphlet form, by preparing at least one hundred (100) copies thereof, which copies are to be made available in his office for public inspection and distribution to members of the public who may wish to avail themselves of a copy of this ordinance. SECTION 17. Effective Date. This ordinance shall take effect ten (10) days after its passage and publication. 15158 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 [Exhibit 2 referred to in this ordinance printed on page 15167 of this Journal] Exhibits 1, 3 and 4 referred to in this ordinance read as follows: Exhibit 1. (To Ordinance) Legal Description For Special Service Area Number 24. All that part of the southeast quarter of Section 30, the east half of the east half of Section 31 and the northwest quarter of Section 32, all in Township 41 North, Range 14 East ofthe Third Principal Meridian, bounded and described as follows: beginning at the northeast comer of Lot 1 in Block 7 of Wm. L. Wallen's Addition to Rogers Park, a subdivision of Lots 2 and 3 (except the west 17 feet thereof) in the Assessor's Division of the northeast quarter of the southeast quarter of Section 3 1 , Township 41 North, Range 14 East ofthe Third Principal Meridian, said northeast comer of Lot 1 being also the point of intersection ofthe west line of North Clark Street with the south line of West Wallen Avenue; thence west along said south line of West Wallen Avenue to the southerly extension of the easterly line of Lot 12 in Block 4 of said Wm. L. Wallen's Addition to Rogers Park, said easterly line of Lot 12 being also the westerly line of the alley west of North Clark Street; thence northerly along said southerly extension and along the westerly line of the alley west of North Clark Street and along the northerly extension thereof to the north line of the east half of the southeast quarter of said Section 3 1 , Township 41 North, Range 14 East of the Third Principal Meridian, said north line of the east half of the southeast quarter of Section 31 being also the centerline of West Pratt Avenue; thence west along said centerline of West Pratt Avenue to the southerly extension of the east line of Lot 8 in Block 44 in Rogers Park, a subdivision ofthe northeast quarter and that part ofthe northwest quarter, lying East of Ridge Road, ofSection 31 and also the west half of the northwest quarter of Section 32 and also all of Section 30 Ijdng south ofthe Indian boundary line, all in Township 41 North, Range 14 East of the Third Principal Meridian, said east line of Lot 8 being also the 12/17/2003 REPORTS OF COMMITTEES 15159 westerly line ofthe alley west of North Clark Street; thence northerly along said southerly extension and the westerly line of the alley west of North Clark Street to the south line of West Lunt Avenue; thence west along said south line of West Lunt Avenue and along the westerly extension thereof to the west line ofthe east halfofthe northeast quarter ofSection 3 1 , Township 41 North, Range 14 East ofthe Third Principal Meridian; thence north along said west line ofthe east half ofthe northeast quarter ofSection 31 to the westerly extension ofthe north line ofthe south 61 feet of Lot 6 in the subdivision of Block 18 of Rogers Park; thence east along said westerly extension and the north line of the south 61 feet of Lot 6 in the subdivision of Block 18 of Rogers Park to the east line ofthe west 46.08 feet of said Lot 6 in the subdivision of Block 18 of Rogers Park; thence south along said east line of the west 46.08 feet of Lot 6 in the subdivision of Block 18 of Rogers Park to a north line of the parcel of property bearing Permanent Index Number 11-31-206-016, said north line being also the southerly most south line of the parcel of property bearing Permanent Index Number 11-31-206-017; thence east along said southerly most south line ofthe parcel of property bearing Permanent Index Number 11-31-206-017 to the east line thereof; thence north along said east line of the parcel of property bearing Permanent Index Number 11-31-206-017 and along the east line ofthe parcel of property bearing Permanent Index Number 11-31-206-015 to the northerl3anost north line of aforesaid parcel of property bearing Permanent Index Number 11-31-206-016; thence east along said northerlymost north line ofthe parcel of property bearing Permanent Index Number 11-31-206-016 to the easterly line of aforesaid Lot 6 in the subdivision of Block 18 of Rogers Park, said easterly line of Lot 6 being also the westerly line of the alley east of North Ravenswood Avenue; thence north along said westerly line of the alley east of North Ravenswood Avenue to the south line ofthe north 100 feet of Block 18 in aforesaid Rogers Park; thence west along said south line ofthe north 100 feet of Block 18 in Rogers Park and along the westerly extension thereof to the west line of the east half of the northeast quarter of Section 31, Township 41 North, Range 14 East ofthe Third Principal Meridian; thence north along said west line ofthe east half of the northeast quarter of Section 31 to the north line of West Estes Avenue; thence east along said north line of West Estes Avenue to the easterly line of Lot 6 in the subdivision of Block 9 (except the north 100 feet thereof) in aforesaid Rogers Park, said easterly line of Lot 6 being also the westerly line of the alley west of North Clark Street; thence north along said westerly line of the alley west of North Clark Street to the south line of the north 100 feet of Block 9 in Rogers Park; thence west along said south line ofthe north 100 feet of Block 9 in Rogers Park to the west line ofthe east halfofthe northeast quarter of Section 3 1 , Township 41 North, Range 14 East of the Third Principal Meridian; thence north along said west line of the east half of the northeast 15160 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 quarter of Section 31 to the south line of West Touhy Avenue; thence northerly^ along a straight line to the point of intersection of the north line of West Touhy Avenue with the westerly line ofthe public alley lying westerly of and adjoining the westerly line of Lot 3 in the Owner's Subdivision of part of Block 2 in aforesaid Rogers Park, said westerly line of the public alley being also the easterly line of the Chicago and Northwestem Railway right-of-way; thence northerly along said easterly line ofthe Chicago and Northwestem Railway rightof-way to the north line of West Birchwood Avenue; thence east along said north line of West Birchwood Avenue to easterly line of North Clark Street; thence southerly along said easterly line of North Clark Street to the northwesterly line of West Rogers Avenue; thence northeasterly along said northwesterly line of West Rogers Avenue to the northerly extensioia of the east line of Lot 10 in S. Rogers Touhy's Subdivision of that part of original Block 1 in Rogers Park lying north ofthe south line of West Bryon Street (now West Jarvis Avenue) and west ofthe west line of South Forest Avenue; thence south along said northerly extension and the east line of Lot 10 in S. Rogers Touhy's Subdivision and along the southerly extension thereof to the south line of West Jarvis Avenue; thence west along said south line of West Jarvis Avenue to the westerly line of Lot 4 in S. Rogers Touhy Bryan Avenue and Forest Street Subdivision in Block 1 of Rogers Park, a subdivision in the east half of the southeast quarter of Section 30, Township 41 North, Range 14 East of the Third Principal Meridian, said westerly line of Lot 4 being also the easterly line ofthe alley east of North Clark Street; thence southerly along said easterly line of the alley east of North Clark Street to the north line of Lot 10 in Rogers Park Sherwin Manor, a subdivision of part of Block 1 in Rogers Park in the east half of the southeast quarter ofSection 30, Township 41 North, Range 14 East ofthe Third Principal Meridian; thence west along the westerly extension of the north line of said Lot 10 in Rogers Park Sherwin Manor to the centerline ofthe vacated alley lying west of and adjoining the westerly line of said Lot 10 in Rogers Park Sherwin Manor; thence southerly along said centerline of the vacated alley lying west of and adjoining the westerly line of Lot 10 in Rogers Park Sherwin Manor and along the southerly extension thereof and along the centerline of the vacated alley lying west of and adjoining the westerly line of Lot 21 in said Rogers Park Sherwin Manor to the westerly extension of the south line of said Lot 21 in Rogers Park Sherwin Manor, said westerly extension and the south line of Lot 21 being also the north line ofthe alley north of West Chase Avenue; thence east along said north line of the alley north of West Chase Avenue to the northierly extension ofthe westerly line of Lot 4 in S. Rogers Touhy's Homestead Subdivision ofthe north 166.05 feet ofthe south 616.05 feet (measured from the centerline of West Touhy Avenue) of Block 1 (except the east 447.05 feet 12/17/2003 REPORTS OF COMMITTEES 15161 thereof) in Rogers Park, a subdivision in the east half of the southeast quarter of Section 30, Township 41 North, Range 14 East of the Third Principal Meridian, said westerly line of Lot 4 being also the easterly line ofthe alley east of North Clark Street; thence southerly along said easterly line of the alley east of North Clark Street arid along the southerly extension thereof to the south line of West Chase Avenue; thence west along said south line of West Chase Avenue to the west line of the east 14 feet of Lot 11 in Block 6 of F. H. Doolands Subdivision of the east 414 feet of Section 30, Township 41 North, Range 14 East of the Third Principal Meridian and the west 175 feet of Section 29, Township 41 North, Range 14 East ofthe Third Principal Meridian south ofthe Indian Boundary Line and south of the Chicago, Evanston and Lake Superior Railroad; thence south along said west line ofthe east 14 feet of Lot 11 in Block 6 of F. H. Doolands Subdivision to the south line of said Lot 11, said south line of Lot 11 being also the north line of the alley north of West Touhy Avenue; thence east along said north line of the alley north of West Touhy Avenue to the northerly extension ofthe east line of Lot 14 in said Block 6 of F. H. Doolands Subdivision; thence south along said northerly extension and the east line of Lot 14 in Block 6 of F. H. Doolands Subdivision to the south line of said Lot 14, said south line of Lot 14 being also the north line of West Touhy Avenue; thence east along said north line of West Touhy Avenue to the northerly extension of a line 50 feet west of, as measured along the south line of West Touhy Avenue, and parallel with the east line of Lot 8 in Block 10 of aforesaid Rogers Park; thence south along said northerly extension and a line 50 feet west of, as measured along the south line of West Touhy Avenue, and parallel with the east line of Lots 8 and 9 in Block 10 of Rogers Park to a line 15 feet south of and parallel with the north line of Lot 9 in Block 10 of Rogers Park; thence east along said line 15 feet south of and parallel with the north line of Lot 9 in Block 10 of Rogers Park and along the easterly extension thereof to the west line of Lot 7 in said Block 10 of Rogers Park, said west line of Lot 7 being also the east line of the alley east of North Clark Street; thence south along said east line of the alley east of North Clark Street to the easterly extension of the north line of Lot 5 in Olson and Uhlman's Resubdivision of Lots 13 and 14 in Block 10 of Rogers Park, a subdivision in the east halfofthe northeast quarter ofSection 3 1 , Township 41 North, Range 14 East ofthe Third Principal Meridian; thence west along said easterly extension and the north line of Lots 5 and 4 in Olson and Uhlman's Resubdivision to the west line of said Lot 4, said west line of Lot 4 being also the east line ofthe alley east of North Clark Street; thence south along said west line of Lot 4 in Olson and Uhlman's Resubdivision and along the southerly extension thereof to the south line of West Estes Avenue; thence west along said south line of West Estes Avenue to the east line of the west 60 feet of Lots 7 and 8 in 15162 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Block 17 of aforesaid Rogers Park; thence south along said east line ofthe west 60 feet of Lots 7 and 8 in Block 17 of Rogers Park to the south line of said Lot 8 in Block 17 of Rogers Park; thence east along said south line of Lot 8 in Block 17 of Rogers Park and along the easterly extension thereof to the west line of Lot 6 in said Block 17 of Rogers Park, said west line of Lot 6 being also the east line ofthe alley east of North Clark Street; thence south along said east line of the alley east of North Clark Street to the centerline of the vacated alley lying north of and adjoining the north line of Lots 12, 13 and 14 in Block 33 of aforesaid Rogers Park; thence east along said centerline ofthe vacated alley lying north of and adjoining the north line of Lots 12, 13 and 14 in Block 33 of Rogers Park to the northerly extension of the west line of the east 11 feet of Lot 13 in said Block 33 of Rogers Park; thence south along said northerly extension and the west line ofthe east 11 feet of Lot 13 in Block 33 of Rogers Park to the south line of the north 30 feet of Lots 13 and 14 in said Block 33 of Rogers Park; thence east along said south line of the north 30 feet of Lots 13 and 14 in Block 33 of Rogers Park to the west line of North Paulina Street; thence north along said west line of North Paulina Street to the westerly extension of the south line of Lot 15 in Block 32 of aforesaid Rogers Park, said south line of Lot 15 being also the north line ofthe alley north of West Morse Avenue; thence east along said westerly extension and the north line of the alley north of West Morse Avenue to the west line of Lot 4 in said Block 32 of Rogers Park, said west line of Lot 4 being also the east line ofthe alley west of North Ashland Boulevard; thence south along said east line of the alley west of North Ashland Boulevard to the north line ofthe south 5 feet of Lot 6 in Block 32 of Rogers Park; thence east along said north line of the south 5 feet of Lot 6 in Block 32 of Rogers Park to the east line of said Lot 6, said east line of Lot 6 being also the west line of North Ashland Boulevard; thence north along said west line of North Ashland Boulevard to the westerly extension of the south line of Lot 11 in Block 31 of Rogers Park; thence east along said westerly extension and the south line of Lot 11 in Block 31 of Rogers Park to the east line of said Lot 11, said east line of Lot 11 being also the west line of the alley east of North Ashland Boulevard; thence north along said west line ofthe alley east of North Ashland Boulevard to the westerly extension of the south line of Lot 6 in said Block 31 of Rogers Park, said south line of Lot 6 being also the north line ofthe alley north of West Morse Avenue; thence east along said westerly extension and the north line of the alley north of West Morse Avenue to the east line of North Greenview Avenue; thence south along said east line of North Greenview Avenue to the north line ofthe south 83.50 feet of Lot 10 in Block 30 of Rogers Park; thence east along said north line ofthe south 83.50 feet of Lot 10 in Block 30 of Rogers Park to the east line of said Lot 10; thence north along said east line of Lot 10 in Block 30 12/17/2003 REPORTS OF COMMITTEES 15163 of Rogers Park and along the northerly extension thereof to the south line of Lots 8 and 9 in said Block 30 of Rogers Park, said south line of Lots 8 and 9 being also the north line ofthe gdley north of West Morse Avenue; thence east along said north line ofthe alley north of West Morse Avenue to the east line of the west 10 feet of Lot 2 in said Block 30 of Rogers Park; thence north along said east line of the west 10 feet of Lot 2 in Block 3 0 of Rogers Park to the north line of said Lot 2, said north line of Lot 2 being also the south line West Lunt Avenue; thence west along said south line of West Lunt Avenue to the southerly extension of the west line of the east 20 feet of Lot 16 in Block 29 of aforesaid Rogers Park; thence north along said southerly extension and the west line of the east 20 feet of Lot 16 in Block 29 of Rogers Park and along the northerly extension thereof to the south line of Lot 3 in said Block 29 of Rogers Park, said south line of Lot 3 being also the north line of the alley north of West Lunt Avenue; thence east along said north line ofthe alley north of West Lunt Avenue to the west line ofthe east 45 feet of Lot 1 in Block 29 of Rogers Park, said west line ofthe east 45 feet of Lot 1 in Block 29 of Rogers Park being also the east line of North Glenwood Avenue; thence south along said east line of North Glenwood Avenue to the north line of Lot 18 in Block 29 of Rogers Park; thence east along said north line of Lot 18 in Block 29 of Rogers Park to the west line ofthe parcel of property bearing Permanent Index Number 11-32-500-009; thence north along said west line of the parcel of property bearing Permanent Index Number 11-32-500-009 to the north line of West Greenleaf Avenue; thence east along said north line of West Greenleaf Avenue to the east line of North Glenwood Avenue as said North Glenwood Avenue is situated and opened in the east halfofthe northwest quarter ofSection 32, Township 41 North, Range 14 East ofthe Third Principal Meridian; thence south along said east line of North Glenwood Avenue to the south line of Lot 20 in Wm. M. Devine's Birchwood Beach Subdivision in Rogers Park, of Block 2 ofthe Circuit Court Partition ofthe east halfofthe northwest quarter and the northeast fractional quarter ofSection 32, Township 41 North, Range 14 East ofthe Third Principal Meridian, said south line of Lot 20 being also the north line of the alley north of West Lunt Avenue; thence east along said north line of the alley north of West Lunt Avenue to the northerly extension of the east line of the west half of Lot 16 in said Wm. M. Devine's Birchwood Beach Subdivision in Rogers Park; thence south along said northerly extension and the east line of the west half of Lot 16 in Wm. M. Devine's Birchwood Beach Subdivision in Rogers Park to the north line of West Lunt Avenue; thence east along said north line of West Lunt Avenue to the northerly extension of the west line of the east 30 feet of Lot 3 in W. D. Preston's Subdivision of Blocks 4, 8, 9 and Lot 1 in Block 7 of Circuit Court Partition of the east half of the northwest quarter and the northeast fractional 15164 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 quarter of Section 32, Township 41 North, Range 14 East ofthe Third Principal Meridian, said west line ofthe east 30 feet of Lot 3 in W. D. Preston's Subdivision being also the east line ofthe alley east of North Glenwood Avenue; thence south along said northerly extension and the west line of the east 30 feet of Lot 3 in W. D. Preston's Subdivision to the south line of said Lot 3, said south line of Lot 3 being also the north line of the alley north of West Morse Avenue; thence east along said north line ofthe alley north of West Morse Avenue and along the easterly extension thereof to the westerly line of Lots 3 and 4 in D. J. Harris' Resubdivision of Lots 15 to 22, both inclusive, of W. D. Preston's Subdivision, aforesaid, said westerly line of Lots 3 and 4 being also the easterly line of the alley west of North Sheridan Road; thence southerly along said easterly line of the alley west of North Sheridan Road to the easterly extension of the north line of Lots 8, 9, 10 and 11 in Block 1 of L. E. Ingall's Subdivision of Blocks 5 and 6 of Circuit Court Partition of the east half of the northwest quarter and the northeast fractional quarter ofSection 32, Township 41 North, Range 14 East ofthe Third Principal Meridian, said north line of Lots 8, 9, 10 and 11 being also the south line ofthe alley north of West Farwell Avenue; thence west along said easterly extension and the south line of the alley north of West Farwell Avenue and along the westerly extension thereof to the east line of Lot 15 in said Block 1 of L. E. Ingall's Subdivision, said east line of Lot 15 being also the west line of the alley east of North Lakewood Avenue; thence north along said west line ofthe alley east of North Lakewood Avenue to the south line of Lot 17 in said Block 1 of L. E. Ingair s Subdivision; thence west along said south line of Lot 17 in Block 1 of L. E. Ingall's Subdivision and along the westerly extension thereof to the west line of North Lakewood Avenue; thence north along said west line of North Lakewood Avenue to the north line of Lot 2 in Block 2 of aforesaid L. E. Ingall's Subdivision; thence west along said north line of Lot 2 in Block 2 of L. E. Ingall's Subdivision to the west line thereof, said west line of Lot 2 being also the east line of the alley east of North Wayne Avenue; thence south along said east line of the alley east of North Wayne Avenue to the easterly extension ofthe south line of Lot 13 in said Block 2 of L. E. Ingall's Subdivision; thence west along said easterly extension and the south line of Lot 13 in Block 2 of L. E. Ingall's Subdivision and along the westerly extension thereof to the west line of North Wayne Avenue; thence north along said west line of North Wajoie Avenue to the north line of Lot 2 in Block 3 of aforesaid L. E. Ingall's Subdivision; thence west along said north line of Lot 2 in Block 3 of L. E. Ingall's Subdivision to the west line thereof, said west line of Lot 2 being also the east line of North Glenwood Avenue as said Glenwood Avenue is situated and opened in the east half of the northwest quarter of Section 32, Township 41 North, Range 14 East ofthe Third Principal Meridian; thence south along said east line 12/17/2003 REPORTS OF COMMITTEES 15165 of North Glenwood Avenue to the north line of Lot 1 in Block 4 of aforesaid L. E. Ingall's Subdivision, said north line of Lot 1 being also the south line of West Farwell Avenue; thence west along the westerly extension of said north line of Lot 1 in Block 4 of L. E. Ingall's Subdivision to the east line of the west half of the northwest quarter of Section 32, Township 41 North, Range 14 East ofthe Third Principal Meridian; thence south along said east line ofthe west halfofthe northwest quarter of Section 32 to the south line thereof, said south line ofthe west halfofthe northwest quarter ofSection 32 being also the centerline of West Pratt Avenue; thence west along said south line ofthe west halfofthe northwest quarter of Section 32 to an east line of Rogers Park, a subdivision of the northeast quarter and that part of the northwest quarter, lying east of Ridge Road, of Section 31 and also the west half of the northwest quarter of Section 32 and also all of Section 30 lying south of the Indian Boundary Line, all in Tovimship 41 North, Range 14 East ofthe Third Principal Meridian, said east line being also the west line of the parcel of property bearing Permanent Index Number 11-32-500-008; thence north along said east line of Rogers Park to the north line of Block 41 in said Rogers Park, said north line of Block 41 being also the south line of West FarweU Avenue; thence west along said south line of West Farwell Avenue to the southerly extension of the east line of Lot 17 in Block 40 of aforesaid Rogers Park, said east line of Lot 17 being also the west line of North Glenwood Avenue; thence north along said southerly extension to the north line of West Farwell Avenue; thence west along said north line of West Farwell Avenue to the west line ofthe east 36.75 feet of Lot 17 in said Block 40 of Rogers Park; thence north along said west line ofthe east 36.75 feet of Lot 17 in Block 40 of Rogers Park to a line 97.84 feet north of and parallel with the south line of said Lot 17; thence west along said line 97.84 feet north of and parallel with the south line of said Lot 17 in Block 40 of Rogers Park and along the westerly extension thereof to the east line ofthe west 30 feet of Lot 16 in said Block 40 of Rogers Park; thence north along said east line ofthe west 30 feet of Lot 16 in Block 40 of Rogers Park to the north line of said Lot 16, said north line of Lot 16 being also the south line ofthe alley north of West Farwell Avenue; thence west along said south line of the alley north of West Farwell Avenue to the west line of North Greenview Avenue; thence north along said west line of North Greenview Avenue to the south line of the north 92 feet of Lot 1 in Block 39 of aforesaid Rogers Park; thence west along said south line of the north 92 feet of Lot 1 in Block 39 of Rogers Park and along the westerly extension thereof to the west line ofthe east 12.5 feet of Lot 2 in said Block 39 of Rogers Park; thence south along said west line of the east 12.5 feet of Lot 2 in Block 39 of Rogers Park and along the southerly extension thereof to the north line of Lot 18 in said Block 39 of Rogers Park, said north line of Lot 18 being also the south line ofthe 15166 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 alley north of West Farwell Avenue; thence west along said south line ofthe alley north of West Farwell Avenue and along the westerly extension thereof to the east line of Lot 10 in said Block 39 of Rogers Park, said east line of Lot 10 being also the west line of the alley east of North Ashland Boulevard; thence north along said west line of the alley east of North Ashland Boulevard to the south line of the north 1.62 feet of Lot 3 in the subdivision of Lots 7, 8, 9 and the north half of Lot 10 in Block 39 of aforesaid Rogers Park; thence west along said south line ofthe north 1.62 feet of Lot 3 in the subdivision of Lots 7, 8, 9 and the north half of Lot 10 in Block 39 of Rogers Park to the west line of said Lot 3, said west line of Lot 3 being also the east line of North Ashland Boulevard; thence south along said east line of North Ashland Boulevard to the easterly extension of the north line of Lot 4 in Block 38 of aforesaid Rogers Park; thence west along said easterly extension and the north line of Lot 4 in Block 38 of Rogers Park to the west line thereof, said west line of Lot 4 being also the east line ofthe alley west of North Ashland Boulevard; thence south along said east line ofthe alley west of North Ashland Boulevard to the easterly extension ofthe north line of Lot 8 in said Block 38 of Rogers Park, said north line of Lot 8 being also the south line ofthe alley north of West Farwell Avenue; thence west along said easterly extension and the south line of the alley north of West Farwell Avenue to the west line of Lot 5 in the subdivision of Lots 18 to 24, both inclusive, and the vacated alley lying east of and adjoining said lots in Block 38 of Rogers Park, aforesaid; thence southerly along said west line of Lot 5 in the subdivision of Lots 18 to 24, both inclusive, and the vacated alley lying east of and adjoining said lots in Block 38 of Rogers Park and along the southerly extension thereof to the centerline of West Farwell Avenue; thence west along said centerline of West Farwell Avenue to the northerly extension of the west line of Lot 2 in the resubdivision of Lots 16 to 22, both inclusive, in Block 43 of Rogers Park, aforesaid; thence southerly along said northerly extension and the west line of Lot 2 in the resubdivision of Lots 16 to 22, both inclusive, in Block 43 of Rogers Park and along the southerly extension thereof and along the west line of Lot 4 in said resubdivision of Lots 16 to 22, both inclusive, in Block 43 of Rogers Park to the south line of said Lot 4, said south line of Lot 4 being also the north line of West Pratt Avenue; thence east along said north line of West Pratt Avenue to the northerly extension of the west line of Lot 8 in Mann's Addition to Rogers Park, a subdivision in the east half of the southeast quarter of Section 3 1 , Township 41 North, Range 14 East of the Third Principal Meridian, said west line of Lot 8 being also the east line ofthe alley east of North Clark Street; thence south along said northerly extension and the east line ofthe alley east of North Clark Street to the south line of West Wallen Avenue; thence west along said south line of West Wallen Avenue to the point of beginning at the west line of North Clark Street, all in the City ofChicago, Cook County, Illinois. 12/17/2003 REPORTS OF COMMITTEES Exhibit 2. (To Ordinance) Project Area Boundary. BIRCHWOOD' WALLEN 15167 JOURNAL-CITY COUNCIL-CHICAGO 15168 12/17/2003 Exhibit 3. (To Ordinstnce) P e r m a n e n t I n d e x Numbers. (Page 1 of 8) r p.&m^ .•"• ^E^dils^ 1 2 3 4 5 6 7 8 9 10 11-30-410-017-0000 n 11-30-415-001-0000 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 11-30-415-002-0000 11-30-410-018-0000 11-30-410-019-0000 11-30-410-020-0000 11-30-410-021-0000 11-30-410-022-0000 11-30-410-023-0000 11-30-410-038-0000 11-30-413-001-0000 11-30-413-002-0000 11-30-415-003-0000 11-30-415-004-0000 11-30-415-005-0000 11-30-415-006-0000 11-30-415-007-0000 11-30-415-008-0000 11-30-420-053-0000 11.30-420-054-0000 i 11-30-420-055-0000 11-30-420-060-0000 11-30-420-061-0000 11-30-420-062-0000 11-30-420-064-0000 11-30-421-001-0000 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 11-30•421-002-0000 11-30421-003-0000 11-30 421-004-0000 11-30 421-005-0000 11-30•421-006-0000 11-30421-007-0000 11-30•421-008-0000 11-30423-014-0000 11-30423-015-0000 11-30•423-030-0000 11-30423-031-0000 11-30423-032-0000 11-30423-033-0000 11-31 •201-043-0000 11-31 .201-044-0000 11-31 •201-045-0000 11-31 •201-046-0000 11-31 •201-047-0000 11-31 •201-048-0000 11-31 -201-051-0000 11-31 •201-072-0000 11-31 -201-073-0000 11-31 -202-001-0000 11-31 -202-003-0000 11-31 -202-004-0000 11-31 -202-005-0000 15169 REPORTS OF COMMITTEES 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 2 of 8) pjm^^ pjmsist 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 11-31-202-006-0000 11-31-202-007-0000 11-31-202-008-0000 11-31-206-001-0000 11-31-206-006-0000 11-31-206-007-0000 11-31-206-008-0000 11-31-206-009-0000 11-31-206-010-0000 11-31-206-011-0000 11-31-206-014-0000 11-31-206-016-0000 11-31-207-001-0000 11-31-207-003-0000 11-31-207-004-0000 11-31-207-005-0000 11-31-207-006-0000 11-31-211-003-0000 11-31-211-004-0000 11-31-211-005-0000 11-31-211-006-0000 11-31-211-009-0000 11-31-211-010-0000 11-31-211-011-0000 11-31-211-012-0000 11-31-211-013-0000 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 n-31-211-014-0000 11-31-211-016-0000 11-31-211-017-0000 11-31-211-018-0000 11-31-211-019-0000 11-31-211-020-0000 11-31-212-001-0000 11-31-212-002-0000 11-31-212-003-0000 11-31-212-004-0000 11-31-212-005-0000 11-31-212-006-0000 11-31-212-007-0000 11-31-212-008-0000 11-31-216-011-0000 11-31-216-012-0000 11-31-216-013-0000 11-31-216-014-0000 11-31-216-015-0000 11-31-216-016-0000 11-31-216-017-0000 11-31-216-018-0000 11-31-216-019-0000 11-31-216-020-0000^ 11-31-217-001-0000 11-31-217-003-0000 15170 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 3 of 8) pjmsfst 105 106 107 11-31-217-006-0000 1108 11-31-217-007-0000 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 11-31-217-008-0000 11-31-217-004-0000 11-31-217-005-0000 11-31-217-009-0000 11-31-217-010-0000 11-31-217-011-0000 11-31-217-014-0000 11-31-217-016-0000 11-31-217-017-OOOa n-31-218-007-0000 11-31-218-008-0000 11-31-218-009-0000 11-31-218-011-0000 n-31-218-012-0000 11-31-218-013-0000 11-31-218-020-0000 11-31-218-032-0000 11-31-218-033-0000 11-31-218-034-0000 11-31-218-035-0000 11-31-218-036-0000 11-31-218-037-0000 n-31-221-014-0000 11-31-221-015-0000 PJN^Sst 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 11-31-221-016-0000 11-31-221-017-0000 11-31-221-018-0000 n-31-221-019-0000 11-31-221-020-0000 11-31-221-023-0000 11-31-221-024-0000 11-31-221-025-0000 11-31-221-026-0000 11-31-221-027-0000 11-31-222-001-0000 11-31-222-002-0000 11-31-222-003-0000 11-31-222-004-0000 11-31-222-005-0000 11-31-222-006-0000 11-31-222-007-0000 11-31-222-008-0000 11-31-222-009-0000 11-31-222-012-0000 n-31-222-013-0000 11-31-222-014-0000 11-31-222-015-0000 11-31-222-016-0000 n-31-222-017-0000 11-31-222-018-0000 15171 REPORTS OF COMMITTEES 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 4 of 8) ." pjmsist 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 11-31-222-019-0000 11-31-222-028-0000 11-31-222-033-0000 11-31-225-018-0000 11-31-225-019-0000 11-31-225-020-0000 11-31-225-021-0000 11-31-225-023-0000 11-31-225-024-0000 11-31-225-044-0000 11-31-225-045-0000 11-31-226-001-0000 11-31-226-002-0000 11-31-226-011-0000 11-31-407-010-0000 11-31-407-011-0000 11-31-407-012-0000 11-31-407-013-0000 11-31-407-014-0000 11-31-407-015-0000 11-31-407-016-0000 11-31-407-017-0000 n-31-407-018-0000 11-31-407-019-0000 11-31-407-020-0000 11-31-407-021-0000 pjm.^. 183 184 185 186 187 188 189 190 191 192 ' 193 194 195 1961 197 198 199 200 201 202 203 204 205 206 207 11-31-407-022-0000 I2O8 11-32-112-013-0000 11-31-408-001-0000 11-31-408-002-0000 11-31-408-003-0000 11-31-408-004-0000 11-31-409-004-0000 11-31-409-005-0000 11-31-409-006-0000 11-31-409-007-0000 11-31-409-027-0000 11-31-410-036-0000 11-31-410-037-0000 11-31-410-038-0000 11-31-410-039-0000 11-31-410-040-0000 11-31-411-001-0000 11-31-411-002-0000 11-31-411-003-0000 11-31-411-004-0000 11-31-411-005-0000 11-31-411-006-0000 11-32-109-009-0000 11-32-109-010-0000 11-32-110-012-0000 11-32-112-007-0000 JOURNAL-CITY COUNCIL-CHICAGO 15172 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 5 of 8) 33mm pjmivt |209| piO bl 11-32-112-014-0000 11-32-112-015-0000 n-32-112-016-0000 235 11-32-114-017-0000 236 11-32-114-018-0000 237 11-32-114-022-0000 212 11-32-112-017-0000 238 11-32-114-035-0000 213 11-32-112-018-0000 239 11-32-114-036-0000 214 11-32-113-006-0000 24G| 11-32-115-006-0000 2151 11-32-113-007-0000 241 11-32-115-007-0000 216 11-32-113-008-0000 242 11-32-115-008-0000 217 11-32-113-009-0000 243 11-32-115-011-0000 |218| 11-32-113-013-0000 244 11-32-115-022-0000 11-32-113-014-0000 11-32-113-015-0000 11-32-113-017-0000 11-32-113-020-0000 11-32-113-023-8001 11-32-113-023-8002 11-32-113-024-8001 11-32-113-024-8002 245 11-32-115-024-0000 252 11-32-115-025-1007 227 11-32-113-025-0000 253 11-32-115-025-1008 122-8 n-32-113-026-0000 254 11-32-115-025-1009 1229 11-32-114-001-0000 255 11-32-115-025-1010 1230 11-32-114-012-0000 256 11-32-115-025-1011 11-32-115-025-1012 11-32-115-025-1013 219 po pi I |222| p3 224 |225 pel 246 11-32-115-025-1001 247 11-32-115-025-1002 248 11-32-115-025-1003 24 9i 11-32-115-025-1004 250 11-32-115-025-1005 251 11-32-115-025-1006 11-32-114-013-0000 257 232 11-32-114-014-0000 258 233 11-32-114-015-0000 259 11-32-115-025-1014 I234I 11-32-114-016-0000 260 11-32-115-025-1015 p 12/17/2003 REPORTS O F COMMITTEES 15173 Exhibit 3. (To Ordinance) P e r m a n e n t I n d e x Numbers. (Page 6 of 8) p^mst PMMsist 26^1 11-32-115-025-1016 262 11-32-115-025-1017 263 11-32-115-025-1018 264 11-32-115-025-1019 265 11-32-115-025-1020 266 11-32-115-025-1021 267 11-32-115-025-1022 268 269 11-32-115-025-1023 11-32-115-025-1024 270 271 11-32-115-025-1025 272 11-32-115-025-1027 273 11-32-115-025-1028 274 11-32-115-025-1029 11-32-115-025-1026 275 11-32-115-025-1030 276 11-32-115-025-1031 277 11-32-115-025-1032 278 11-32-115-025-1033 279 11-32-115-025-1034 280 11-32-115-025-1035 281 11-32-115-025-1036 282 11-32-115-025-1037 283 11-32-115-025-1038 284 11-32-115-025-1039 285 11-32-115-025-1040 286 11-32-115-025-1041 287 288 289 290 291 292 293 294 295 296 297 29S 299 300 301 302 303 304 305 306 307 308 309 310 311 312 11-32-115-025-1042 11-32-115-025-1043 11-32-115-025-1044 11-32-115-025-1045 11-32-115-025-1046 11-32-115-025-1047 11-32-115-025-1048 11-32-115-025-1049 11-32-115-025-1050 11-32-115-025-1051 11-32-115-025-1052 n-32-115-025-1053 11-32-115-025-1054 11-32-115-025-1055 11-32-115-025-1056 11-32-115-025-1057 11-32-115-025-1058 11-32-115-025-1059 11-32-115-025-1060 11-32-115-025-1061 11-32-115-025-1062 11-32-115-025-1063 11-32-115-025-1064 11-32-115-025-1065 11-32-115-025-1066 11-32-115-025-1067 j 15174 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 7 of 8) P&M^ p&mtst 313 11-32-115-025-1068 314 11-32-115-025-1069 315 11-32-115-025-1070 316 11-32-115-025-1071 317 11-32-115-025-1072 318 11-32-115-025-1073 319 11-32-115-025-1074 320 11-32-115-025-1075 321 11-32-115-025-1076 322 11-32-115-025-1077 323 11-32-115-025-1078 324 11-32-115-025-1079 325 11-32-115-025-1080 326 11-32-115-025-1081 327 11-32-115-025-1082 328 11-32-115-025-1083 329 11-32-115-025-1084 330 11-32-115-025-1085 331 11-32-115-025-1086 332 11-32-115-025-1087 333 11-32-115-025-1088 334 11-32-115-025-1089 335 11-32-115-025-1090 336 11-32-115-025-1091 337 11-32-115-025-1092 338 11-32-115-025-1093 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 11-32-115-025-1094 ,11-32-115-025-1095 11-32-115-025-1096 11-32-115-025-1097 11-32-115-025-1098 11-32-115-025-1099 11-32-115-025-1100 11-32-115-025-1101 11-32-115-025-1102 11-32-115-025-1103 11-32-115-025-1104 11-32-115-025-1105 11-32-115-025-1106 11-32-115-025-1107 11-32-115-025-1108 11-32-115-025-1109 11-32-115-C25-1110 11-32-115-025-1111 11-32-115-025-1112 11-32-115-025-1113 11-32-115-025-1114 11-32-115-025-1115 11-32-115-025-1116 11-32-115-025-1117 11-32-115-025-1118 11-32-115-025-1119 j 12/17/2003 15175 REPORTS OF COMMITTEES Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 8 of 8) pjm^ 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 1389 11-32-115-025-1120 11-32-115-025-1121 11-32-115-025-1122 11-32-115-025-1123 11-32-115-025-1124 11-32-115-025-1125 11-32-115-025-1126 11-32-115-025-1127 11-32-115-025-1128 11-32-115-025-1129 11-32-115-025-1130 11-32-115-025-1131 11-32-115-025-1132 11-32-115-025-1133 11-32-115-025-1134 11-32-115-025-1135 11-32-115-025-1136 11-32-115-025-1137 11-32-115-025-1138 11-32-115-025-1139 11-32-115-025-1140 11-32-115-025-1141 11-32-115-025-1142 11-32-115-025-1143 11-32-115-025-1144 1 PMSSst 390 391 392 393 394 395 3% 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 UVA 11-32-116-006-0000 11-32-116-007-0000 11-32-116-009-0000 11-32-116-019-0000 11-32-116-026-0000 11-32-116-027-0000 11-32-116-028-0000 11-32-116-030-8001 11-32-116-030-8002 11-32-116-031-0000 11-32-116-032-0000 11-32-117-001-0000 11-32-118-011-0000 11-32-118-018-0000 11-32-119-001-0000 11-32-119-007-0000 11-32-500-008-8001 11-32-500-008-8002 11-32-500-008-8003 11-32-500-009-8001 11-32-500-009-8002 11-32-500-009-8003 11-32-500-009-8004 n-32-500-009-8005 11-32-500-009-8006 \ 15176 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Exhibit 4. (To Ordinance) Agreement For Special Service Area Number 24 Between The City Of Chicago (Represented By The Special Service Area Commission) And DevCorp North Effective January 1, 2004 Through December 31, 2005. This Agreement for the management of Special Service Area Number 24 is entered into by and between the DevCorp North, an Illinois not-for-profit corporation ("Contractor"), and the City ofChicago ("City"), a municipal corporation and home rule unit oflocal govenmient existing under the Constitution of the State of Illinois, acting through the Special Service Area Commission at Chicago, Illinois. RECITALS WHEREAS, special service areas may be established pursuant to Article VII, §§ 6(1) and 7(6) ofthe Constitution ofthe State oflllinois, and pursuant to the provisions ofthe Special Service Area Tax Law, 35 ILCS 200/27-5 et sea.: and WHEREAS, the City Council ofthe City ofChicago ("City Council") has established a special service area known and designated as "Special Service AreaNumber 24" ("Area"), to provide special services in addition to those services provided generally by the City ("Special Services"). The City Council has further authorized the levy ofan annual ad valorem real property tax in the Area sufficient to produce revenues required to provide those Special Services but not to exceed 0.6% of the equalized assessed value ofall property within the Area ("Service Tax"), all as provided in the Establishment Ordinance (hereinafter defined); and WHEREAS, the City Council, on , 2003, authorized the levy ofthe Service Tax and appropriation ofthe funds therefrom for the Area for fiscal year 2004 for the provision of the Special Services in the Area, and the City wishes to provide that the Contractor, begiiming on January 1, 2004, and continuing until December 31, 2004, may use those funds to provide the Services, subject to the terms and conditions ofthis Agreement; and WHEREAS, the Contractor and the City desire to enter into this Agreement to provide such Special Services in the Area and the Contractor is ready, willing and able to enter into this Agreement to provide the Special Services to the full satisfaction ofthe City; NOW, THEREFORE, in consideration ofthe mutual promises contained in this Agreement, the City and the Contractor agree as follows: 12/17/2003 REPORTS OF COMMITTEES 15177 ARTICLE! INCORPORATION OF RECITALS The recitals set forth above are incorporated by reference as if fully set forth herein. ARTICLE 2 DEFINITIONS The following words and phrases shall have the following meanings for purposes ofthis Agreement: "Agreement" means this Special Service Area Agreement, including al! exhibits attached to it and incorporated in it by reference, and all amendments, modifications or revisions made in accordance with its terms. "Commissioner" means the Commissioner ofthe Department ofPIanning and Development or a duly authorized representative of the Commissioner of the Department of Plarming and Development. "Construction" means landscaping, building activities, including but not limited to, physical building improvements, installations, and other fixed works, but does not include pre-development work (design and preparation of specifications). "Days" means business days in accordance with the City ofChicago business calendar. "Department" means the City ofChicago Department ofPIanning and Development. "EstabUshment Ordinance" means, the ordinance enacted by City Council on , 2003, and any subsequent amendments thereto authorizing imposition ofthe Service Tax and setting forth the Special Services to be provided in the Area. "Risk Management Division" means the Risk Management Division ofthe Department of Finance which is under the direction ofthe Comptroller ofthe City and is charged with reviewing £ind analyzing insurance and related liability matters for the City. "Security Firm" means a business entity certified by the State of Illinois pursuant to the Private Detective, Private Alarm and Private Security Act of 1993, 225 ILCS 446/1 et seq.. and whose employees are licensed by the State of Illinois. "Services" means, collectively, the services, duties and responsibilities described in Article 3 and Exhibit 1 (Scope of Services) of this Agreement and any revisions thereof and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement. "Service Tax Funds" means the amount actually collected pursuant to the Service Tax. 15178 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 "Special Service Area Commission ('SSAC')" means the body established pursuant to the Establishment Ordinance to prepare the Budget, identify a Contractor zind supervise the provision of the Special Services in the Area. "Subcontractor" means any person or entity with whom Contractor contracts to provide any part of the Services, including subcontractors ofany tier, subconsultants ofany tier, suppliers and materialmen, whether or not in privity with the Contractor. "Surplus Funds" means those Service Tax Funds already collected and disbursed to the Contractor in prior years for the provision of Special Services in the Area which remain unspent, including any interest eamed thereon. ARTICLE 3 DUTIES AND RESPONSIBILITIES OF CONTRACTOR 3.01 Scope of Services The Services that the Contractor shall provide from January 1, 2004 through December 31, 2004 of this Agreement include, but are not limited to, those described in this Article 3 and in Exhibit 1 which is attached hereto and incorporated by reference as if fiilly set forth here. The SSAC reserves the right to require the Contractor to perform revised services that are within the general scope of services of this Agreement and of the Special Services identified in the Establishment Ordinance subject to the same terms and conditions herein. Revised services are limited to changes or revisions to the line items in the Budget, do not affect the maximum compensation, and require the prior written approval ofthe SSAC. The SSAC may by written notice to the Department and the Contractor delete or amend the figures contained and described in the Budget attached hereto as Exhibit 2 and incorporated by reference as if fully set forth herein. The Contractor shall provide the Services in accordance with the standards of performance set forth in Section 3.02. Prior to the second year ofthis Agreement, and no later than the deadline established by the Department, the SSAC, in consultation with the Contractor, must prepare and submit to the Department a proposed Budget and Scope of Services for that year, comprised of services authorized in the Establishment Ordinance, for the approval ofthe Commissioner. Ifthe parties agree on the Scope of Services and the Budget for that year, this Agreement will be amended to include such budget and scope of services. If the parties do not agree and an amendment is not executed, this Agreement will terminate at the end ofthe first year ofthis Agreement. 3.02 Standard of Performance The Contractor shall perform all Services required of it with that degree of skill, care and diligence normally shown by a contractor performing services of a scope, purpose and magnitude comparable with the nature of the Services to be provided hereunder. The Contractor shall at all times use every reasonable effort on behalf of the City to assure timely and satisfactory rendering and completion ofits Services. 12/17/2003 REPORTS OF COMMITTEES 15179 The Contractor shall at all times act in the best interests of the City consistent with the professional obligations assumed by it in entering into this Agreement. The Contractor shall perform all Services in accordance with the terms and conditions of this Agreement and to the full satisfaction of the SSAC. The Contractor shall fumish efficient business administration and supervision to render and complete the Services at reasonable cost. The Contractor shall assure that all Services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. The Contractor remains responsible for the professional and technical accuracy of all Services provided, whether by the Contractor or its Subcontractors or others on its behalf. Ifthe SSAC determines that the Contractor has failed to comply with the foregoing standards, the Contractor shall perform again, at its own expense, all Services required to be reperformed as a direct or indirect result of such failure. Any review, approval, acceptance or payment for any or all ofthe Services by the City does not relieve the Contractor ofits responsibility for the professional and technical accuracy of its Services. This provision in no way limits the City's rights against Contractor, either under this Agreement, at law or in equity. 3.03 Personnel A. Key Personnel The Contractor shall, immediately upon receiving a fully executed copy ofthis Agreement, assign and maintain during the term ofthis Agreement and any extension thereof an adequate staff of competent persormel, who are fully equipped, licensed as appropriate, available as needed, qualified and assigned to perform the Services. Contractor shall pay the salaries and wages due all its employees performing Services under this Agreement unconditionally and at least once a month without deduction or rebate on any account, except only for such payroll deductions as are mzindatory by law or are permitted under applicable law and regulations. B. Prevailing Wages If the Contractor engages in Constmction, it shall comply, and shall cause all of its Subcontractors to comply by inserting appropriate provisions in their contracts, with 820 ILCS 130/0.01 et seq. regarding the paymeni ofthe general prevailing rate of hourly wage for all laborers, workers, and mechanics employed by or on behalf of the Contractor and all Subcontractors in connection with any and all Constmction work. The prevailing rates of wages applicable at the time of execution ofthis Agreement are included in Exhibit 6 to this Agreement, which is incorporated by reference as though fully set forth herein. C. Illinois Workers, Veterans' Preference and Steel Products 15180 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 If the Contractor engages in Constmction, it shall comply, and shall cause all of its Subcontractors to comply by inserting appropriate provisions in their contracts, with the Employment oflllinois Workers on Public Works Act, 30 ILCS 570/0.01 etseq.. the Veterans Preference Act. 330 ILCS 55/0.01 et seq.. and the Steel Products Procurement Act. 35 ILCS 30/565/1 et seq. • 3.04 Nondiscrimination A. Federal Requirements It shall be an unlawfiil employment practice for the Contractor (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation or the terms, conditions, or privileges of his employment because of such individual's race, color, religion, sex, age, handicap or national origin; or (2) to limit, segregate, or classify its 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 ofsuch individual's race, color, religion, sex, age, handicap or national origin. The Contracior shall comply with the Civil Rights Act of 1964,42 U.S.C. § 2000 et seq.. as amended. 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. 14,303 (1967) and by Exec. Order No. 12,086, 43 Fed. Reg. 46,501 (1978); Age Discrimination Act, 42 U.S.C. §§ 6101 -06; Rehabilitation Act of 1973,29 U.S.C. §§ 793-94; Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 el seq.. and 41 C.F.R. Part 60 el seq. B. State Requirements Contracior shall comply with the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq.. the Equal Employment Opportunity Clause, III. Admin. Code tit. 5, §750 Appendix A and the Public Works Employment Discrimination Act, 775 ILCS 10/0.01 et seq. as amended. C. Citv Requirements Contractor shall comply with the Chicago Human Rights Ordinance, § 2-160-010 el seq., as amended, ofthe Municipal Code ofChicago. 3.05 Insurance The Contracior shall comply with the insurance provisions attached hereto as Exhibit 4 and incorporated by reference as if fully set forth herein, or such other insurance provisions as may be required in the reasonable judgement ofthe Risk Management Division. Ifthe Contractor enters into 12/17/2003 REPORTS OF COMMITTEES 15181 a subcontract with a Security Firm such Security Firm shall comply with the insurance provision^ attached hereto as Exhibit 5 and incorporated by reference as if fully set forth herein, or such other insurance provisions as may be required in the reasonable judgement of the Risk Management Division. If the Contractor subcontracts with a Subcontractor other than a Security Firm, such Subcontractor shall comply with the Contractor insurance provisions attached hereto as Exhibit 4. The Risk Management Division may waive or reduce any ofthe insurance requirements set forth herein. In addition, the Risk Management Division will review each new Scope of Services which the SSAC, in consultation with the Contractor, prepares annually during the term of this Agreement pursuant to Section 3.01 and may, if it wishes, revise the insurance required herein. 3.06 Indemnification A. On written notice from the City of Losses the City believes are Losses Arising under this Agreement as defined in this Section 3.06, the Contractor shall defend, indemnify, and hold completely harmless the City Indemnitees from and againsi such Losses, regardless of whether Contracior challenges the City's belief The defense, indemnification and hold harmless obligations ofthe Contractor toward City Indemnitees remain an affirmative obligation of Contractor following the City's notice of Losses the Cily believes are Losses Arising under this Agreement, unless and until a court of competent jurisdiction fmally determines otherwise and all opportunities for appeal have been exhausted or have lapsed. B. For purposes ofthis Section 3.06, "City Indemnitees" means, individually and collectively, the City ofChicago, its officials, agents, employees and SSAC members. "Losses" mccms, individually and collectively, all kinds of liabilities, losses, suits, claims, damages, judgments, fines, and demands, including all reasonable costs for investigation, reasonable attorneys' fees, court costs, and experts' fees, arising by reason of injury or death ofany person, damage to property, patent or copyright infringement. "Arising under this Agreement" means (i) arising out of awarding this Agreement, (ii) arising out ofthe enforcement ofthis Agreement, including the enforcement ofthis indemnification provision; (iii) arising out of or in connection with Contractor's perfonnance or non-performance of this Agreement (including the acts or omission of Contractor, its officers, agents, employees, consultants, subconsultants, licensees, or invitees), any breach by any of them ofany warranty made imder this Agreement, or any failure by any of them to meet any applicable standard of performance under this Agreement; or (iv) any combination ofany ofthe foregoing. C. To the extent permissible by law. Contractor waives any limits on Contractor's liability that it would otherwise have by virtue ofthe Worker's Compensation Act or any other related law or judicial decision (such as Kotecki v. Cyclops Welding Corporation, 146 III. 2d 155 15182 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (1991)). The City, however, does not waive any limitations it may have on its liability: "under the Worker's Compensation Act or under the Illinois Pension Code. D. The City has the right, at its option and at its own expense, to participate in the defense of any suit without relieving Contractor of any of its obligations under this indemnity provision. The requirements set forth in this indemnity provision are separate from and not limited by the amount of insurance Contractor is required to obtain under this Agreement or by its bonds pursuant to other provisions in this Agreement. Further, the indemnitees contained in this provision survive the expiration or termination ofthis Agreement. 3,07 Records and Audits The Contractor shall deliver or cause to be delivered all documents, data, studies, reports, findings or information to the SSAC promptly in accordance with the time limits prescribed herein and if no time limit is specified, then upon reasonable demand therefore, or upon termination or completion ofthe Services hereunder. The Contractor and any Subcontractors shall fumish the SSAC with semi-annual reports or provide such information as may be requested relative to the performance and cost ofthe Services. The Contractor shall maintain records showing actual time devoted and costs incurred. The Contractor shall keep books, documents, paper, records and accounts in connection with the Services open to inspection, copying, abstracting, transcription, and an independent audit by City employees or agents or third parties, and shall make these records available to the City and any other interested govemmental agency at reasonable times during the performance of its Services. In addifion. Contractor shall retain them in a safe place and make them available for an independent audit, inspection, copying and abstracting for at least five years after the fmal payment made in connection with this Agreement. THE CONTRACTOR SHALL NOT COMMINGLE SERVICE TAX FUNDS WITH FIJNDS FROM OTHER SOURCES, and to the extent that the Contractor conducts any business operations separate and apart from the Services hereunder using, for example, personnel, equipment, supplies or facilities also used in connection with this Agreement, then the Contractor shall maintain and make similarly available to the City detailed records supporting the Contractor's allocation to this Agreement ofthe costs and expenses attributable to any such shared usages. The Contractor shall provide an annual audited financial statement to the Department and the SSAC within 120 calendar days after the end ofthe calendar year and the system of accounting shall be in accordance with generally accepted accounting principles and practices, consistently applied throughout. No provision in this Agreement granting the City a right of access to records and documents is intended to impair, limit or affect any right of access to such records zmd documents that the City would have had in the absence ofsuch provisions. The City may in its sole discretion audit the records of Contractor or its Subcontractors, or 12/17/2003 REPORTS OF COMMITTEES 15183 both, at any time during the term ofthis Agreement or within five years after the Agreement ends, in connection with the goods, work, or services provided under this Agreement. Each calendar year or partial calendar year is considered an "audited period." If as a result of such an audit, it is determined that Contractor or any of its Subcontractors has overcharged the City in the audited period, the City will notify Contractor. Contractor must then promptly reimburse the City for any amounts the City has paid Contractor due to the overcharges and also some or all ofthe cost ofthe audit, as follows: A. Ifthe audit has revealed overcharges to the City representing less than 5% of the total value, based on the Agreement prices, ofthe goods, work, or services provided in the audited period, then the Contractor must reimburse the City for 50% ofthe cost of the audit and 50% ofthe cost ofeach subsequent audit that the City conducts; B. If, however, the audit has revealed overcharges to the City representing 5% or more of the total value, based on the Agreement prices, of the goods, work, or services provided in the audited period, then Contractor must reimburse the City for the full cost of the audit and of each subsequent audit. Failure of Contractor to promptly reimburse the City in accordance with Section A or B above is an event of default under Section 7.01 ofthis Agreernent, and Contractor will be liable for all of the City's costs of collection, including any court costs and attorneys' fees. 3.08 Subcontracts and Assignments The Contractor shall not assign, delegate, subcontract or otherwise transfer all or any part of its rights or obligations under this Agreement or any part hereof, unless otherwise provided for herein or without the express written consent ofthe SSAC. The absence ofsuch provision or written consent shall void the attempted assignment, delegation or transfer and shall be of no effect as to the Services or this Agreement. All subcontracts, all approvals of Subcontractors and any assignment to which the SSAC consents are, regardless of their form, deemed conditioned upon performance by the Subcontractor or assignee in accordance with the terms and conditions of this Agreement. Ifthe Contractor subcontracts for security services, the Subcontractor shall be a Security Firm certified by the State oflllinois and the Security Firm's employees shall be licensed by the State of Illinois. The Contractor, upon entering into any subcontract with a Security Firm, shall fumish the SSAC and the Department with a copy ofthe subcontract for their approval. The City expressly reserves the right to approve all Security Firm subcontracts. 3.09 License, Permits and Safety Considerations A. Licenses and Permits 15184 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 If the Contractor engages in Construction, it is responsible for and, in a timely manner consistent with its obligations hereunder, shall secure and maintain at its expense such permits, licenses, authorizations and approvals as are necessary for it to engage Construction under this Agreement. B. Safety Considerations Ifthe Contractor engages in Construction, it shall at all times exercise reasonable care, shall comply with all applicable provisions of federal, state and local laws to prevent accidents or injuries, and shall take all appropriate precautions to avoid damage to and loss of City property and the property of third parties in connection with the Construction. The Contractor shall erect and properly maintain at all times all necessary safeguards, barriers, flags and lights for the protection ofits and its Subcontractors' employees. City employees, and the public. Ifthe Contractor engages in Construction, it shall report to the Department any damage on, about, under or adjacent to City property or the property of third persons resulting from its performance under this Agreement. The Contractor is responsible for Juiy damage to City property and the property of third parties due, in whole or in part, to the Contractor's Construction activities under this Agreement, and the Contractor shall repair such damage to a reasonably acceptable standard. 3.10 Performance Bond Ifthe Contractor engages in Construction work where expenditures exceed $ 100,000, it shall, not later than the date the Contractor begins such work or executes a subcontract for such work, provide or cause to be provided to the Department a performance and payment bond in the amount allocated for the Construction work (but not including the amount allocated for design and preparation of specifications), by a surety or sureties acceptable to the City. The performance bond shall be in the form and to the effect of Exhibit 7 hereto, which is incorporated by reference as if fiilly set forth here. If any of the sureties on such bond at any time fail financially, or are deemed to be insufficient security for the penalty ofthe bond, then the City may, on giving 10 days notice thereof in writing, require the Contractor to fumish a new and additional bond with sureties satisfactory to the City, and, if so required. Contractor must promptly provide such bond. ARTICLE 4 TERM OF SERVICES This Agreement shall take effect as of January 1,2004 ("Effective Date") and shall continue through December 31, 2005, or until the Agreement is terminated earlier in accordance with its terms. 12/17/2003 REPORTS OF COMMITTEES 15185 ARTICLE 5 COMPENSATION 5.01 Basis of Payment The maximum compensation that the Contractor may be paid under this Agreement between January 1,2004 and December 31,2004 is the sum of (a) $234,108.00 or the total amount of Service Tax Funds actually collected for tax year 2003, whichever is less. For the second year ofthis Agreement, the maximum compensation that the Contractor may be paid under this Agreement is the amount set forth in the Budget for that year, pursuant to Section 5.02 and 8.03, or the amount of Service Tax funds actually collected for the preceding tax year, whichever is less; provided that the maximum amount of compensation for such year of this Agreement may also include the amount of Service Tax Funds collected for prior tax years which remain previously unspent. The City Comptroller will transfer the Service Tax Funds to the Contractor as received. The Contractor shall reimburse its Subcontractors for Services satisfactorily performed pursuant to the Budget. 5.02 Budget for Services The Contractor in conjunction with the SSAC has prepared a Budget through December 31, 2004, attached hereto as Exhibit 2 and incorporated by reference as if fully set forth here, covering all services described in the Scope of Services. Subject to the restriction that the maximum amount that may be spent in calendar year 2004 may not exceed $234,108.00, the SSAC reserves the right to transfer funds between line items or make Budget revisions that do not affect the maximum compensation set forth in Section 5.01. The SSAC shall revise the Budget ifany part of the Contractor's Services is terminated. For the second year of this Agreement, and subject to the provisions of Section 3.01, a Budget for that year shall be incorporated into this Agreement by written amendment pursuant to Section 8.03. 5.03 Method of Payment The Contractor shall establish a separate checking account ("Account") in a bank authorized to do business in the State oflllinois that is insured by the Federal Deposit Insurance Corporation. All Service Tax Funds that the Comptroller transfers to the Contractor shall be deposited in the Account and disbursements from the Account shall be pursuant to this Agreement. THE CONTRACTOR SHALL NOT COMMINGLE SERVICE TAX FUNDS WITH FUNDS FROM OTHER SOURCES. The Contractor shall provide to the SSAC the signature card and sample check from the bank which shows the signature(s) ofthe Contractor's authorized representative(s). The SSAC reserves the right to audit the account and require the Contractor to refund any funds that were 15186 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 not spent pursuant to the Budget or that were not approved by the SSAC. The name and address of the bank is , and the wire transfer and the Account numbers are . All funds remaining in the Account at the expiration or early termination ofthis Agreement, including any interest eamed, belong to the City for the benefit ofthe Area and shall be retumed to the City to be used only for Special Services. 5.04 Criteria for Payment The SSAC, in its sole discretion, shall determine the reasonableness, allocability and allowability ofany rates, costs and expenses charged or incurred by the Contractor. 5.05 Funding Payments under this Agreement shall be made from Service Tax Funds in fund number and are subject to the availability of funds therein. 5.06 Non-Appropriation In the event that no funds or insufficient fiinds are appropriated and budgeted in any City fiscal period for payments to be made under this Agreement, then the City will notify the Contractor ofsuch occurrence and this Agreement shall terminate on the earlier ofthe last day ofthe fiscal period for which sufficient appropriation was made or whenever the funds appropriated for payment under this Agreement are exhausted. No payments shall be made or due to the Contractor under this Agreement beyond those amounts appropriated and budgeted by the City to fund payments hereunder. ARTICLE 6 SPECIAL CONDITIONS 6.01 Warranties and Representations In cormection with the execution ofthis Agreement, the Contractor warrants and represents: A. That it is financially solvent; that it and each of its employees, agents, and Subcontractors are competent to perform the Services required; that it is legally authorized to execute and perform or cause to be performed this Agreement under the terms and conditions stated herein; and B. That it shall not knowingly use the services ofany ineligible Subcontractor for any purpose in the performance ofthe Services; and C. That it and its Subcontractors are not in default at the time of the execution of this 12/17/2003 REPORTS OF COMMITTEES 15187 Agreement, or deemed by the Department to have, within five years immediately preceding the date ofthis Agreement, been found to be in default on any contract awarded by the City; and D. That it and, to the best of its knowledge, its Subcontractors are not in violation of the provisions of §2-92-320 ofthe Municipal Code ofChicago, 720 ILCS 5/33E-1 et seq. ofthe Criminal Code of 1961. and 65 ILCS 5/11-42.1-1 ofthe Illinois Municipal Code; and E. That it, all Subcontractors and their respective officers, directors, agents, partners, and employees shall cooperate with the Inspector General in any investigation or hearing undertaken pursuant to Chapter 2-56 ofthe Municipal Code ofChicago; that it understands and will abide by all provisions of Chapter 2-56 ofthe Municipal Code ofChicago and all subcontracts shall inform Subcontractors of such provision and require understanding and compliance therewith; and F. That, except only for those representations, statements, or promises expressly contained in this Agreement and any exhibits attached hereto, no representation, statement or promise, oral or written, or ofany kind whatsoever, by the City, its officials, agents, or employees, has induced the Contractor to enter into this Agreement; and G. That the Contractor understands and agrees that any certification, affidavit or acknowledgment made under oath in connection with this Agreement is made under penalty of perjury and, if false, is also cause for termination for default. 6.02 Economic Disclosure Statement and Affidavit The Contractor has provided the City with an Economic Disclosure Statement (EDS), which is attached hereto as Exhibit 3 and incorporated by reference as if fully set forth herein. Contractor shall apprise the Department promptly of any changes in the information provided in the EDS by completing and submitting a revised EDS. In addition, the Contractor shall provide the City with copies of its latest articles of incorporafion, by-laws and resolutions, or partnership or joint venture agreement, as applicable, and evidence of its authority to do business in the State of Illinois, including without limitation, registrations of assumed names or limited partnerships and certifications of good standing with the Office of the Secretary of State of Illinois. 6.03 Conflict of Interest Pursuant to Chapter 2-156 ofthe Municipal Code ofChicago, and 65 ILCS 5/3.1-55-10, no member ofthe goveming body ofthe City or other unit of govemment, no other officer, employee, SSAC member, or agent of the City or other unit of govemment who exercises any funcfions or responsibilities in connection with the Services to which this Agreement or any related subcontract 15188 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 pertain, and no relative ofany SSAC member shall have any personal economic or financial interest, directly or indirectly, in this Agreement or any such subcontract except to the extent that such benefits are provided equally to all residents and/or business owners in the Area. Furthermore, no SSAC member, relative of any SSAC member, City official, agent or employee shall be a Subcontractor, employee or shareholder of the Contractor or receive anything of value from the Contractor. No member of or delegate to the Congress of the United States or the Illinois General Assembly and no alderman ofthe City or City employee shall be admitted to any share or part ofthis Agreement or to any financial benefit to arise from il. The Contracior acknowledges that any agreement entered into, negotiated or performed in violation of any of the provisions of Chapter 2-156 shall be voidable by the City. The Contractor covenants that it, its officers, directors and employees, and the officers, directors and employees ofeach ofits members if a joint venture, and Subcontractors presently have no financial interest and shall acquire no interesl, direct or indirect, in the Services undertaken by the Contractor pursuant lo the Agreement that would conflict in any manner or degree with the performance of the Services. The Contracior further covenants that in the performance of this Agreement no person having any such interest shall be employed. The Contractor agrees that ifthe Commissioner in his reasonable judgment determines that any ofthe Contractor's services for others conflict with the Services the Contractor is lo provide for the City under this Agreement, the Contractor shall terminate such other services immediately upon request ofthe City. 6.04 Non-liability of Public Officials No official, employee or agent ofthe City shall be charged personally by the Contractor, or by any assignee or Subcontractor ofthe Contracior, with any liability or expenses of defense or be held personally liable lo them imder amy term or provision hereof, because ofthe City's execution or attempted execution hereof, or because ofany breach hereof 6.05 Independent Contractor The Contracior shall perform under this Agreement as an independent contracior to the City and not as a representative, employee, agent, or partner ofthe Cily. 6.06 Business Relationships with Elected Officials Pursuant lo Secfion 2-156-030(b) ofthe Municipal Code ofthe City ofChicago, it is illegal for any elected official ofthe City, or any person acting al the direction ofsuch official, to contact, either orally or in writing, any other Cily official or employee with respeci lo any matter involving any person with whom the elected official has a business relationship, or lo participate in any discussion in any City Council commitlee 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 12/17/2003 REPORTS OF COMMITTEES 15189 of Section 2-156-030(b) by any elected official with respect to this Agreement is grounds for termination of this Agreement. The term business relationship is defined as set forth in Section 2-156-080 ofthe Municipal Code ofChicago. Section 2-156-080 defines a "business relationship" as any contractual or other private business dealing ofan official, or his or her spouse, or ofany entity in which an official or his or her spouse has a financial interest, with a person or entity which entitles an official lo compensation or payment in the amount of $2,500 or more in a calendar year; provided, however, a financial inierest shall not include: (i) any ownership through purchase at fair market value or inheritance of less than one percent of the share of a corporalion, or any corporate subsidiary, parent or affiliate thereof, regardless ofthe value of or dividends on such shares, 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; (iii) any economic benefit provided equally lo 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 from em insurance company. A "contractual or other private business dealing" shall not include any employment relationship ofan official's spouse with an entity when such spouse has no discretion conceming or input relating to the relationship between that entity and the City. 6.07 Chicago "Living Wage" Ordinance (a) Section 2-92-610 ofthe Municipal Code ofChicago provides for a living wage for certain categories of workers employed in the performance of City contracts, specifically non-City employed security guards, parking attendants, day laborers, home and health care workers, cashiers, elevator operators, custodial workers and clerical workers ("Covered Employees"). Accordingly, pursuant lo Section 2-92-610 and regulations promulgated under il: (i) IfContractor has 25 or more fiill-time employees, and (ii) If at any time during the performance ofthis Agreement, Contractor and/or any Subcontractor or any other entity that provides any portion ofthe Services (collectively "Performing Parties") uses 25 or more full-time security guards, or any number of other full-lime Covered Employees, then (iii) Contractor must pay its Covered Employees, and musl assure that all other Performing Parties pay their Covered Employees, not less than the minimum hourly rale as determined in accordance with this provision (the "Base Wage") for all Services performed under this Agreement. (b) Contractor's obligation to pay, and to assure payment of, the Base Wage will begin at any lime during the term of this Agreement when the condifions set forth in (a)(i) and (a)(ii) above are met, and will continue until the end ofthe term ofthis Agreement. (c) As of July 1,2003, the Base Wage became $9.20, and each July 1 thereafter, the Base Wage will be adjusted, using the most recent federal poverty guidelines for a family of four as 15190 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 published annually by the U.S. Departmenl of Health and Human Services, to constitute the following: the poverty guidelines for a family of four divided by 2000 hours or the current base wage, whichever is higher. Al all times during the term ofthis Agreement, Contracior and all other Performing Parties must pay the Base Wage (as adjusted in accordance with the above). If the payment of prevailing wages is required for Services done under this Agreement, and the prevailing wages for Covered Employees are higher than the Base Wage, then Contractor and all other Performing Peirties must pay the prevailing wage rates. (d) Contractor must include provisions in all subcontracts requiring ils Subcontractors to pay the Base Wage lo Covered Employees. Contractor agrees to provide the City with documentation acceplable to the Chief Procurement Officer demonstrating that all Covered Employees, whether employed by Contracior or by a Subcontractor, have been paid the Base Wage, upon the City's request for such documentation. The City may independently audit Contracior and/or Subcontractors lo verify compliance with this section. Failure to comply with the requirements ofthis section will be an event of default under this Agreement, and further, failure to comply may result in ineligibility for any award ofa City contract or subcontract for up to 3 years. (e) Not-for-Profit Corporations: IfContractor is a corporalion having federal tax-exempt status under Section 501(c)(3) ofthe Intemal Revenue Code and is recognized under Illinois not-for-profit law, then the provisions of Sections (a) through (d) above do not apply. 6.08 Deemed Inclusion Provisions required by law, ordinances, mles, regulations, or executive orders to be inserted in this Agreement are deemed inserted in this Agreement whether or not they appear in this Agreement or. upon application by either party, this Agreement will be amended to make the insertion; however, in no event will the failure lo insert the provisions before or after this Agreement is signed prevent ils enforcement. ARTICLE 7 EVENTS OF DEFAULT, REMEDIES, TERMINATION, RIGHT TO OFFSET, SUSPENSION 7.01 Events of Default Defined The following consfitute events of default: A. Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance, made by Contractor to the City. B. Contractor's material failure to perform any ofits obligations under the Agreement including, but not limited to, the following: 12/17/2003 REPORTS OF COMMITTEES 15191 (1) failure to commence or ensure timely completion ofthe Services due to a reason or circumstance within Contractor's reasonable control; (2) failure lo perform the Services in a manner satisfactory to the City; (3) failure td promptly re-perform within a reasonable time Services that were rejected as erroneous or unsatisfactory; (4) discontinuance ofthe Services for reasons within the Contractor's reasonable conlrol; (5) failure to comply with a material term ofthis Agreement, including bul not limited to the provisions conceming insurance and nondiscrimination; and (6) any other acts specifically and expressly staled in this Agreement as constituting an event of default. C. The Contractor's default under any other agreement it may presently have or may enter into with the Cily during the life ofthis Agreement. The Contractor acknowledges and agrees that in the event ofa default under this Agreement the City may also declare a default under any such other agreements. 7.02 Remedies The occurrence ofany event of default which the Contractor fails lo cure within 30 calendar days after receipt of notice specifying such default or which, if such event of default cannot reasonably be cured within 30 calendar days after notice, the Contractor fails, in the sole opinion of the Commissioner, to commence and continue diligent efforts to cure, permits the City lo declare the Contracior in default. Whether to declare the Contractor in default is within the sole discretion of the Commissioner Written notification ofthe default, and any intention ofthe City to terminate the Agreement, shall beprovided to Contractor and such decision isfinaland effective upon Contractor's receipt of such notice. Upon receipt of such notice, the Contractor must discontinue any services, unless otherwise directed in the notice, and deliver all materials accumulated in the performance of this Agreement, whether completed or in the process of completion, to the Cily. At such time the City may invoke any legal or equitable remedy available to it including, but not limited to, the following: A. The right lo take over and complete the Services or any part thereof as agent for and at the cost ofthe Contractor, either directly or through others. The Contractor shall have, in such event, the right to offset from such cost the amount it would have cost the Cily under the terms and conditions herein had the Contracior completed the Services. B. The right to terminate this Agreement as lo any or all ofthe Services yet to be perfonned, effective at a fime specified by the City. 15192 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 C. The right of specific performance, an injunction or any other appropriate equitable remedy. D. The right to money damages. E. The right to withhold all or any part of Contractor's compensation hereunder. F. The right lo deem Contractor non-responsible in future contracts lo be awarded by the City. If the Cily considers il to be in ils best inierest, it may elect not to declare default or to terminate this Agreement. The parties acknowledge that this provision is solely for the benefit ofthe City and that if the Cily permits the Contractor to continue to provide the Services despite one or more events of default, the Contractor is in no way relieved ofany ofits responsibilities, duties or obligafions under this Agreement nor does the City waive or relinquish any ofits rights. No delay or omission to exercise any right accruing upon any event of default impairs any such right nor shall it be constmed as a waiver ofany event of default or acquiescence therein, and every such right may be exercised from time to time and as often as may be deemed expedient. 7.03 Right to Offset The City reserves its rights under §2-92-380 of the Municipal Code of Chicago and the Commissioner shall consult with the SSAC before exercising such rights. 7.04 Suspension The City may at any lime request that the Contractor suspend its Services, or any part thereof, by giving 15 days prior written notice to the Contractor or upon no notice in the event of emergency. No costs incurred after the effective date ofsuch suspension shall be allowed. The Contractor shall promptly resume ils performance upon written notice by the Department. The Budget may be revised pursuant to Section 5.02 to account for any additional costs or expenses actually incurred by the Contractor as a result of recommencing the Services. 7.05 No Damages for Delay The Contracior agrees that il, ils members, if a partnership or joint venture and its Subcontractors shall make no claims againsi the Cily for damages, charges, additional costs or hourly fees for costs incurred by reason of delays or hindrances by the Cily in the performance of its obligations under this Agreement. 7.06 Early Termination In addition lo termination for default, the City may, at any time, elect to terminate this 12/17/2003 REPORTS OF COMMITTEES 15193 Agreement or any portion of the Services to be performed under il al the sole discretion of the Commissioner by a written notice to the Contracior. Ifthe City elects lo terminate the Agreement in full, all Services shall cease and all materials accumulated in performing this Agreement, whether completed or in the process of completion, shall be delivered to the Department within 10 days after receipt ofthe notice or by the dale slated in the notice. During the final ten days or other time period staled in the notice, the Contractor shall restrict its activities, and those of its Subcontractors, to winding down any reports, analyses, or other activities previously begun. No costs incurred after the effective date ofthe termination are allowed. Payment for any Services actually and satisfactorily performed before the effective date of the termination shall be on the same basis as set forth in Article 5 hereof, but if any compensation is described or provided for on the basis of a period longer than ten days, then the compensation shall be prorated accordingly. If a court of competent jurisdiction determines that the City's election to terminate this Agreement for default has been wrongful, then such termination shall be deemed to be an early termination. ARTICLE 8 GENERAL CONDITIONS 8.01 Entire Agreement This Agreement, and u^r 15 2I>^|y^(^4t^-gv*) D. Name of contact person: E: Tax identification number (optional): \c>>-| &A£e5 (Omitted for printing purposes) 15204 F. JOURNAL-CITY COUNCIL-CHICAGO Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this EDS pertains. (Include project number and location if applicable): ^S*^ ' G. H. I. 12/17/2003 'IcZH- ^ g ^T>*^.^'^(*•<..&«-.^ pp- ^4.« Is The Maner a procurement? [ ] Yes If a procurement. Specification # Contract # T-'-( "q^TJ, . •'^^->'^'\tr..i\-2.s^-r^i^'<^ «^-' ^No and . If not a procurement: 1. City Agency requesting EDS: .^. 2. City action requested (e.g. loan, grant, sale of property): 3. if property involved, list property location: SECTION ONE: DISCLOSURE OF OWNERSHIP INTERESTS A. NATURE OF ENTITY 1. indicate whether the Undersigned is an individual or legal entity: [ ] Individual [ ] Limited Uability Company i i Business corporation [ ] Joint venture [ ] Sole proprietorship W Not-tor-profit corporation (Is the not-for-profit corporation also a 501(c)(3))? MYes [JNo [ ] General partnership [ j Other entity (please specify) [ j Limited partnership 2. State of incorporation or organization, if applicable: 3. For legal entities not organizedin the State of Illinois: Is the organization authorized to do business in the State of Illinois as a foreign entity? []Yes [INo ffN/A REPORTS OF COMMITTEES 12/17/2003 B. 15205 ORGANIZATION INFORMATION 1. IF THE UNDERSIGNED IS A CORPORATION: a. List below the names and titles of all executive officers and all directors of the corporation. For not-for-profit corporations, also list below any executive director of the corporation, and indicate all members, if any. who are legal entities. If there are no such members, write "no members." Titie Name g^fj-rHoLU^ DevCorp North Executive Officers and Directors Kimberiy Bares Dorothy Gregory Tenley Clemente Kevin 0' Neil Thomas GitzGibbon Rich Aronson Glen Brooks Steve Dorizas David Fagus Phillip Greiner Gustavo Giraldo Laurene Huffman Michael James Julian Mickelson Matt Norkett Mike Patton Eric Waggoner Executive Director President of the Board of Directors Vice President of the Board of Directors Secretary of the Board of Directors Treasurer of the Board of Directors Board Member Board Member Board Member Board Member Board Member Board Member Board Member Board Member Board Member Board Member Board Member Board Member b(1). If the Matter Is a procurementand the Undersignedis a corporation whose Shares are registered on a national securities exchange pursuantto the Securities Exchange Act of 1934, please provide the following informationconcemingshareholders who own shares equal to or in excess of 7.5% of the corporation's outstanding shares. 15206 JOURNAL-CITY COUNCIL-CHICAGO Name Business Address 12/17/2003 Percentage Interest b(2). IftheMatterls nota procurement.and the Undersignedis a corporationwhose shares are registered on a national securities exchange pursuant to tne Securities Excnange Act of 1934, please provide the following information concerning shareholders who own shares equal to or in excess ot" 0% of the corporation's outstanding shares. Nanne ' Business Address Percentage interest u[±. c. For corporations that are not registered on a national securities exchange pursuantto the Securities Exchange Act of 1934, list below the name, business address and percentage of ownership interest of each shareholder. Name Business Address tklA Percentage Interest . 2. IF THE UNDERSIGNED IS A PARTNERSHIP OR JOINT VENTURE; For general or limited partnershipsor joint ventures: list belowthe name, business address and percentage of ownership interest of each partner. For limited partnerships, indicate whether each partner is a general partner or a limited partner. Name Business Address Percentage Interest u/fls 3. a. IF THE UNDERSIGNED IS A LIMITED LIABILITY COMPANY: List below the name, business address and percentage of ownership interest of each 12/17/2003 REPORTS OF COMMITTEES 15207 (i) member and (ii) manager. If there are no managers, write "no managers," and indicate how the company is managed. Name Business Address Percentage Interest VL/A b. List below the names and titles of all officers, if any. If there are no officers, write "no officers." Name Title 4. IF THE UNDERSIGNED IS A i m O TRUST, BUSINESS TRUST. ESTATE OR OTHER SIMILAR ENTITY: a. List below the name and business address of each Individual or legal entity holding legal title to the property that is the subject of the tmst. Name Business Address \il(k b. List below the name, business address and percentage of beneficial interest of each beneficiary on whose behalf title is held. Name Business Address Percentage Interest 5. IF THE UNDERS'^NED IS ANY OTHEriLEGAL ENTITY, first describe the entity, then provide the name, business address, and the percentage of interest of all individuals or legal entities having an ownership or other beneficial interest in the entity. 15208 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Describe the entity: Name Business Address Percentage Interest SECTION TWO: BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS A. DEFINITIONS AND DISCLOSURE REQUIREMENT 1. The Undersigned must indicate whether it had a "business relationship" with a City elected official in the 12 months before the date this EDS is signed. 2. Pursuant to Chapter 2 -156 of the Municipal Code of Chicago (the "Municipal Code"), a "business relationship" means any "contractual or other private business dealing" ofan official, or his or her spouse, or of any entity in which an official or his or her spouse has a "financial interest," with a person or entity which entitles an official to compensation or payment in the amount of $2,500 or more in a calendar year, but a Tinancial interest" does not include: (i) any ownership through purchase at fair maricet value or inheritance of less than 1 % of the shares of a corporation, or any corporate subsidiary, parent or affiliate thereof, regardless of the value of or dividends on such shares, 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; (iii) 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 from an insurance company. A "contractual or other private business dealing" does not include any employment reiationsNp 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. B. CERTIFICATION 1. Has the Unuei'signtd had a "busihess relationship" with any City elected official in the 12 months before the date this EDS is signed? []Yes liMo 12/17/2003 REPORTS OF COMMITTEES 15209 If yes, please identify below the name(s) of such City elected official(s) and describe such relationship(s): SECTION THREE: DISCLOSURE OF RETAINED PARTIES A. DEFINITIONS AND DISCLOSURE REQUIREMENTS 1. The Undersigned must' disclose certain information about attomeys, lobbyists, accountants, consultants, subcontractors, and any other person whom the Undersigned has retained or expects to retain in connection with the Matter. In particular, the Undersigned must disdose the name of each such person, his/her business address, the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Undersigned is not required to disclose employees who are paid solely through the Undersigned's regular payroll. "Lobbyist" means any person (i) who, for compensation or on behalf of any person other than himself, undertakes to influence any legislative or administrative action, or (ii) any part of whose duty as an employee of another indudes undertaldng to influence any legislative or administrative action. 2. Ifthe Undersignedis uncertain whethera disdosureis required underthis Section, the Undersigned must eHher ask the City whether disclosure ie required or make the disclosure. B. CERTIFICATION feA Z-M^. Each and every attomey, lobbyist, accountant consultant, subcontractor, or other person retained or anticipated to be retained directly by the Undersigned with respect to or in connectionwith the Matter is listed below [begin list here, add sheets as necessary]: Name (indicate Business Address Relationship to Undersigned (attomey, lobbyist, etc.) Fees (indicate whether paid or estimated) whether retained or antidpated to be retained) dinHMTe-.-h 7 P M fSeavPS-l^ti'-c's fi^^c 3=**^ g-aj»>6uJFoe^pg. .rj!.^.:^vo»-x::,^L'Il-.feg'lgy •'?ooo [ ] G HECK HERE IF NO SUCH INDMOUALS HAVE BEEN RETAINED BY THE U NDBRSXSNED OR ARE ANTICPA1S3TO BERETAJNEDBYTHE UNOERSIGHED. 15210 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 SECTION FOUR: CERTIFICATIONS L CERTIFICATION OF COMPLIANCE For purposes of the certifications in A, B, and C below, the tenm "affiliate" means any individual or entity that, directly or indirectly: controls the Undersigned, is controlled by the Undersigned, or is, with the Undersigned, under common control of another individual or entity. Indicia of control include, without limitation: interiocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with the federal govemment or a state or local govemment, including the City, using substantially the same management, ownership, or principals as the ineligible entity. A. The Undersigned is not delinquent in the payment of any tax administeredby the Illinois Department of Revenue, nor are the Undersigned or its affiliates delinquent in paying anyfine, fee, tax or other charge owed to the City. This includes all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes. If there are any such delinquencies, note them below: U/A If the letters 'NA," the word "None." or no response appears on the lines above, it will be conclusively presumed that the Undersigned certified to the above statements. B. The Undersigned and its affiliates have not, in the past five years, been found in violation of any City, state or federal environmental law or regulation. If there have been any such violations, note them below: TT/A If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Undersigned certified to the above statements. C. Ifthe Undersigned is the Applicant, the Undersigned and its affiliates will not use, nor permit their subcontractors to use, any facility on the U.S. EPA's List of Violating Facilities in connection with the Matter for the duration of time that such facility remains on the list. D. If the Undersigned is the Applicant, the Undersigned will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications 12/17/2003 REPORTS OF COMMITTEES 15211 equal In fomn and substance to those in Section Four, I, (A-C) above and will not, without the prior written consent of the City, use.any such contractor/subcontractorthat does not provide such certifications or that the Undersigned has reason to believe has not provided or cannot provide truthful certifications. If the Undersigned is unable to make the certifications required in Section Four, paragraph I (C) and (D) above, provide an explanation: ^/ft If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Undersigned certified to the above statements. II. CHILD SUPPORT OBLIGATIONS - CERTIFICATION REGARDING COURTORDERED CHILD SUPPORT COMPLIANCE For purposes of this part, "Substantial Owner" means any individual who, directly or indirectly, owns or holds a 10% or more interest in the Undersigned.A/ofe: This may include individuals disclosed in Section One (Disclosure of Ownership Interests), and individuals disclosed in an EDS filed by an entity holding an interest in the Applicant. If the Undersigned's response below is #1 or #2. then all of the Undersigned's Substantial Owners must remain in compliancewith any such child support obligations until the Matteris completed^ Failure of the Undersigned's Substantial Owners to remain in compliance with their chiW support obligations in the manner set forth in either#1 or #2 constitutes an eventof default. Check one: 1. No Substantial Owner has been declared in arrearage on any child support obligations by the Circuit Court of Cook County, Illinois or by another Illinois court of competent jurisdiction. 2. The Circuit Court of Cook County, Illinois or another Illinois court of competent jurisdiction has issued an order dedaring one or more Substantial Owners in an-earage on child support obligations. All such Substantial Owners, however, have entered into court-approved agreements for the payment of all such child support owed, and all such Substantial Owners are in compliance with such agreements. 3. The Circuit Court of Cook County, Illinois or another Illinois court of competent jurisdiction has issued an order dedaring one or more Substantial Owners in arrearage on child support obligations and (a) at least one such Substantial Owner has not 15212 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 entered into a court-approved agreement for the payment of all such child support owed; or (b) at least one such Substantial Owner is not in compliancewith a courtapproved agreement for the payment of all such child support owed; or both (a) and (b). t. IIL There are no Substantial Owners. FURTHER CERTIFICATIONS A. The Undersigned and, if the Undersigned is a legal entity, its principals (officers, directors, partners, members, managers, executive director): t B. 1. are not presently deban-ed, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of govemment; 2. have not, within a five-year period preceding the date of this EDS, been convicted j f a criminal offense, adjudged guilty, cr hsfi a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or pertorming a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitmst statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements: or receiving stolen property; 3. are not presently indicted for or otherwise criminally or civilly charged by a govemmental entity (federal, state or local) with commission of any of the offenses enumerated in clause (A)(2) of this section; 4. have not, within afive-yearperiod preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and 5. have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, in any criminal or civil action instituted by the City or by the federal govemment, any state, or any other unit of local govemment. The certifications in subparts B and D concem: • the Undersigned; • any party participating in the performance of the Matter ("an Applicable Party"); • any "Affiliated Entity" (meaning an individual or entity that, directly or indirectly: controls the Undersigned, is controlled by the Undersigned, or is, with the Undersigned, under common control of another individual or entity. Indicia of control Indude, without limitation: interiocking management or ownership; identity of 12/17/2003 REPORTS OF COMMITTEES 15213 interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the Ineligibility of a business entity to do business with federal or state or local govemment, including the City, using substantially the same m anagement, ownership, or principals as the ineligibleentity); with respectto Applicable Parties, the tenn Affiliated Entity means an individual or entity that directly or indirectly controls the Applicable Party, is controlled by it, or, with the Applicable Party, is under common control of another individual or entity; any responsible official of the Undersigned, any Applicable Party or any Affiliated Entity or any other official, agent or employee of the Undersigned, any Applicable Party or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Undersigned, any Applicable Party or any Affiliated Entity (collectively ^Agents"). • Neitherthe Undersigned, nor any Applicable Party, nor any Affiliated Entity of either the Undersigned or any Applicable Party nor any Agents have, during thefiveyears before the date this EDS is signed, or, with respect to an Applicable Party, an Affiliated Entity, or an Afflliated Entity of an Applicable Party during the five years before the date of such Applicable Party's or Affiliated Entity's contract or engagement in connectionwith the Matten 1. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee ofthe City, the State of Illinois, or any agency of the federal govemment or of any state or local govemment in the United States of America, in that officer's or employee's official capacity; 2. agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid afixedprice or otherwise; or 3. made an admission of such conduct described in (1) or (2) above that is a matter of record, but have not been prosecuted for such conduct; or 4. violated the provisions of Section 2-92-610 of the Municipal Code (Living Wage Ordinance). C. The Undersigned understands and shall complywith (1) the applicable requirements of the Govemmental Ethics OnJinance ofthe City, Title 2, Chapter 2 -156 of the Municipal Code; and (2) all the applicable provisions of Chapter 2-56 of the Municipal Code (Office of the Inspector General). D. Neither the Undersigned, Affiliated Entity or Applicable Party, or any of their employees, offidals, agents or partners, is banedfiomcontracting with any unit of state 15214 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 or local govemment as a result of engaging in or being convicted of (1) bid-rigging In violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating. E. If the Undersigned is unable to certify to any of the above statements in this Part III, the Undersigned must explain below: JAk If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Undersigned certified to the above statements. ly, CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION For purposes of this Part IV, under Section 2-32-455(b) of the Municipal Code, the term "financial institution" means a bank, savings and loan assodation, thrift, credit union, mortgage banker, mortgage broker, trust company, savings bank, investment bank, securities broker, munidpal securities broker, securities dealer, municipal securities dealer, securities underwriter, municipal securities underwriter, investment trust, venture capital company, bank holding company,finandalservices holding company, or any licensee underthe Consumer Installment Loan Act, the Sales Finance Agency Act, or the Residential Mortgage Licensing Act. However, "finandal institution" specifically shall not include any entity whose predominant business is the providing of tax deferred, defined contribution, pension plans to public employees in accordance with Sections 403(b) and 457 of the Intemal Revenue Code. [Additional definitions may be found in Section 2-32-455(b) of the Municipal Code.) A. CERTIFICATION The Undersigned certifies that the Undersigned [check one] ^is \ / is not a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code. B. If the Undersigned IS a financial institution, then the Undersigned pledges: "We are not and will not become a predatory lender as defined in Chapter 2 -32 ofthe Municipal Code. Wefurtherpledgethatnoneof our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 of the Munidpal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City." 12/17/2003 REPORTS OF COMMITTEES 15215 If the Undersigned is unable to make this pledge because It or any of Its affiliates (as defined in Section 2-32-455(b) ofthe Municipal Code) is a predatory lender within the meaning of Chapter 2 -32 of the Municipal Code, explain here (attach additional pages if necessary): If the letters "NA' the word "None," or no response appears on the lines above, it will be conclusively presumed thai the Undersigned certified to the above statements. y. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS Any v/ords cr terms that are defined in Chapter 2-156 ofthe Municipal Code have the same meanings when used in this Part V. 1. In accordance with Section 2-156-110 cf the Municipal Code: Does any official or employee of the City have a financial interest in his or her own name or in the name ofany other person in the Matter? [jYes >JNo NOTE: If you answered "No" to Item V(1), you are not required to answer Items V(2) or (3) below. Instead, review the certification In item V(4) and then proceed to Part VI. if you answered "Yes" to Item V(1), you must first respond to Item V(2) and provide the infonnation requested in Item V(3). After responding to those items, review the certification In Item V(4) and proceed to Part VI. 2. Unless sold pursuant to a process of competitive bidding, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuantto the City's eminent domain power d oes not constitute afinancialinterest within the meaning ofthis Partv. Does the Matter involve a City Property Sale? [jYes [JNo 2. If you answered "yes" to Item V(1), provide the names and business addresses of the City offlcials or employees having such interest and iden^'fy the nature of such intb.ost: . 15216 JOURNAL-CITY COUNCIL--CHICAGO Name Business Address 12/17/2003 Nature of Interest 4. The UndersignedfurthercertifiesthatnoprohibitedfinancialinterestintheMatterwill be acquired by any City official or employee. VL CERTIFICATION REGARDING SLAVERY ERA BUSINESS The Undersigned has searched any and all records of the Undersigned and any and all predecessor entities for records of investments or profits from slavery, the slave industry, or slaveholder insurance policies from the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves) and has disclosed in this EDS any and all such records to the City. In addition, the Undersigned must disclose the names of any and all slaves or slaveholders described in those records. Failure to complywith these disclosure requirements may make the Matterto which this EDS pertains voidable by the City. Please check either (1) or (2) below, ifthe Undersigned checks (2). the Undersigned must disclose below or in an attachment to this EDS all requisite information as set forth in that paragraph (2). V 1. The Undersigned verifies that (a) the Undersigned has searched any and all records of the Undersigned and any and all predecessor entities for records of investments or profits from slavery, the slave industry, or slaveholder insurance policies, and (b) the Undersigned has found no records of investments or profits from slavery, the slave industry, or slaveholder insurance policies and no records of names of any slaves or slaveholders. 2. The Undersigned verifies that, as a result of conducting the search in step (1)(a) above, the Undersigned has found records relating to investments or profits from slavery, the slave industry, or slaveholder insurance policies and/or the names of any slaves or slaveholders. The Undersigned verifies that the following constitutesfull disclosure of all such records: 12/17/2003 REPORTS OF COMMITTEES SECTION FIVE: I CERTIFICATIONS FOR FEDERALLY-FUNDED MATTERS CERTIFICATION REGARDING LOBBYING A. List belowthe names of all individuals registered underthe federal Lobbying Disdosure Act of 1995 who have made lobbying contacts on behalf ofthe Undersigned with respect to the Matter: [Begin list here, add sheets as necessary]: Ki/tk p f n o explanation appears or begins on the lines above, or if the letters "NA" or if the word "None" appear, It will be conclusively presumed that the Undersigned means that NO individuals registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Undersigned with respect to the Matter.] B. The Undersigned has not spent and will not expend any federally appropriated funds to pay any individual listed in Paragraph (A) above for his or her lobbying activitiesor to pay any individual to influence or attempt to influence an officeror employee of any agency, as defined by applicable federa! law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded contract making any federally funded grant or loan, entering into any cooperative agreement, orto extend, continue, renew, amend, or modify any federally funded contract, grant, ksan, or cooperative agreement. C. The Undersigned will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs 1(A) and 1(B) above. If the Matter is federally funded and any funds other than federally appropriated funds have been or will be paid to any individual for infliy^nc'ng or attempting to influLi e obtained from the City's Boart of Ethics, 740 N. Sedgwick SL, Suite 500, Chicago, IL 60610, Telephone: ( O m i t t e d f o r p r i n t i n g p u r p o s e s ) . 15220 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 The f o l l o w i n g i s d e s c r i p t i v e o n l y and does n o t p u r p o r t t o cover every a s p e c t of C h a p t e r s 2-156 and 2-164 of t h e Municipal Code. The Undersigned must comply f u l l y w i t h t h e a p p l i c a b l e ordinsuices. ^ BY CHECKING THIS BOX THEUNDERSIGNED ACKNOWLEDGESTHAT THE U N D E R S I G N E O UNDERSTANDS THAT TOE C r r Y S GOVERNMENTAL ETHICS AND C AMPAIGN FINANCING ORDINANCES. AMONG OTHER THINGS'. 1) Provide that any contract negotiated, entered into or performed in violation pf the City's ethics laws can be voided by the City. 2) Limit the gifts and favors any individual or entity can give, or offer to give, to any City official, employee, contractor or candidate for elected City office or the spouse or minor child of any of them, including: a. b. any cash gift or any anonymous gift; and any gift based on a mutual understanding that the City official's or employee's or City contractor's actions or dedsions will be influenced in any way by the gift. 3) Prohibit any City elected offidal or City employee from having a finandal interest, directly or indirectly, in any contrad. work, transaction or business ofthe City, if that interest has a cost or present value of $5,000 or more, or if that interest entitles the owner to receive more than S2,500 per year. 4) Prohibit any appointed City offidal from engaging in any contract wori<. transaction or business of the City, unless the matter is wholly unrelated to' the appointed official's duties or responsibilities. 5) Provide that City employees and officials, or their spouses or minor dilldren, cannot receive compensation or anything of value In retum for advice or assistance on matters conceming the operation or business of the City, unless their services are wholly unrelated to their City duties and responsibilities. 6) Provide that former City employees and officials cannoL for a period of one year after their City employment ceases, assist or represent another on any matter involving the City if. while with the City, they were personally and substantially involved in the same matter. 0 12/17/2003 7) REPORTS OF COMMITTEES 15221 Provide that former City employees and officials cannot ever assist or represent another on a City contract if, v\rtiile with the City, they were personally involved in or directly supervised the formulation, negotiation or execution of that contracL SECTION SEVEN: CONTRACT INCORPORATION. COMPLIANCE. PENALTIES. DISCLOSURE The Undersigned understands and agrees that: A. The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement. City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action vnth respect to the Matter. The Undersigned understands that it must comply with all statutes, ordinances, and regulations on which this EOS is based. B. If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connectran with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies underthe contractor agreement (if not rescinded, void or voidable), at law, or in equity, induding tenninating the Undersigned's participation in he Matter and/or declining to allow the Undersigned to participate in other transactions with the City. C. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the IntemeL in response to a Freedom of information Act request, or otherwise. By completing and signing this EDS, the Undersigned waives and releases any possiblerightsor claims which it may have against the City in connedion with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS. D. The Undersigned has not withheld or reserved any disclosures as to economic interests in the Undersigned, or as to the Matter, or any infomiation, data or plan as to the intended use or purpose for which the /^plicant seeks City Council or other City agency action. E. The information provided in this EDS must t>e kept cunent. In the event of changes, the Undersigned must supplement this EDS up to the time the City takes action on the Matter. JOURNAL-CITY COUNCIL-CHICAGO 15222 12/17/2003 CERTIFICATION Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS on behalf of the Undereigned. and (2) wamants that all certifications and statoments contained in thie EDS are true, accurate and complete as of the date fumished to the City. l)g>/ U i j t^thgrty Date: (Print or lypi name ol individual or legal emiiy submtHing thic EOS) l^/^t|o3 By: ^hoAH. (Ugn nan) M Print or type name of signatory: TWe of signatory: J/j/oi Subscribed to before me on [date] / / / / / / O S •yiuj Commission expires:. /cP /L>^ /o' 0 ^ ..at. Notary Public. (jDOrd County. 12/17/2003 REPORTS OF COMMITTEES 15223 (Sub)Exhibit 4. (To Service Provider Agreement For Special Service Area Number 24) Contractor Insurance Provisions. Special Service Area Number 24 DevCorp North. The Contractor must provide and maintain at Contractor's own expense, during the term of this Agreement, and during the time period following expiration if Contractor is required to r e t u m and perform additional Services, the insurance coverages and requirements specified below, insuring all operations related to the Agreement. A. Insurance To Be Provided. 1) Workers' Compensation And Employer's Liability. Workers' Compensation, as prescribed by employees who are to provide a service Employer's Liability coverage with limits of Thousand Dollars ($100,000) each accident 2) applicable law covering all under this Agreement and not less than One Hundred or illness. Commercial General Liability (Primary And Umbrella). Commercial General Liability Insurance or equivalent with limits ofnot less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage liability. Coverage must include the following: all premises and operations, products/completed operations, separation of insureds, and contractual liability (with no limitation endorsement). The City of Chicago is to be named as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the Services. 3) Automobile Liability (Primary And Umbrella). When any motor vehicles (owned, non-owned and hired) are used in 15224 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 connection with work to be performed, the Contractor must provide Automobile Liability Insurance with limits of not less than One Million Dollars ($ 1,000,000) per occurrence for bodily injury and property damage. 4) Professional Liability. When any professional consultants (e.g., C.P.A.s, attorneys, architects, engineers, construction managers) perform work in connection with this Agreement, Professional Liability Insurance covering acts, errors, or omissions must be maintained with limits of not less than Five Hundred Thousand Dollars ($500,000). Coverage must include contractual liability. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede, start of work on the Agreement. A claims-made policy which is not renewed or replaced must have an extended reporting period of two (2) years. 5) Crime. Contractor must be responsible for all persons handling funds under this Agreement, against loss by dishonesty, robbery, burglary, theft destruction, or disappearance, computer fraud, credit card forgery and other related crime risks. The Contractor may self-insure for this exposure. B. Security Firms. If the Contractor enters into a subcontract with a Security Firm, such Security Firm must be certified by the State of Illinois and the Security Finn's employees must be registered and certified by the State. Contractor must ensure and require any Security Firm subcontractor to comply with the Risk Management Division approved Security Firm Insurance Provisions set forth in (Sub)Exhibit 5 of this Agreement, attached hereto and incorporated by references as though fully set forth herein. C. Other Requirements. The Contractor will fumish the City of Chicago, Department of Planning and Development, Community and Neighborhood Development, Room 1000, 121 North LaSalle Street, 60602, original Certificates of Insurance evidencing the required 12/17/2003 REPORTS OF COMMITTEES 15225 coverage to be in force on the date of this Agreement, and Renewal Certificates of Insurance, or such similar evidence, ifthe coverages have an expiration or renewal date occurring during the term of this Agreement. The Contractor must submit evidence of insurance on the City ofChicago Insurance Certificate of Coverage Form (copy attached) prior to award ofthis Agreement. The receipt ofany certificate does not constitute agreement by the City that the insurance requirements in the Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all requirements ofthis Agreement. The failure of the City to obtain certificates or other insurance evidence from Contractor m u s t not be deemed to be a waiver by the City. The Contractor must advise all insurers of the Agreement provisions regarding insurance. Nonconforming insurance must not relieve Contractor of its obligation to provide insurance as specified herein. Nonfulfillment of the insurance conditions may constitute a violation of the Agreement, and the City retains the right to stop work until proper evidence of insurance is provided, or the Agreement may be terminated. The insurance must 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 deductibles or self-insured retentions on referenced insurance coverages must be bome by Contractors. The Contractor agrees that insurers must waive their rights of subrogation against the City ofChicago, its employees, elected officials, agents or representatives. The coverages and limits fumished by Contractor in no way limit the Contractor's liabilities and responsibilities specified within the Agreement or by law. Any insurance or self-insurance programs maintained by the City of Chicago do not contribute with insurance provided by the Contractor under the Agreement. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Agreement or any limitation placed on the indemnity in this Contract given as a matter of law. The Contractor must require all subcontractors to provide the insurance required herein, or Contractor may provide the coverage for subcontractors. All subcontractors are subject to the same insurance requirements of Contractor unless otherwise specified herein. IfContractor, or its subcontractors, desire additional coverage, the party desiring the additional coverages is responsible for the acquisition and cost. 15226 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 The City of Chicago Risk Management Department maintains the right to modify, delete, alter or change these requirements. [City of Chicago Insurance Certificate of Coverage Form referred to in these Contractor Insurance Provisions unavailable at time of printing.] (Sub)Exhibit 5. (To Service Provider Agreement For Special Service Area Number 24) Security Firm Insurance Provisions Special Service Area Number 24 DevCorp North. The Security Firm must provide and maintain at Security Firm's own expense, until Contract completion, and during the time period following expiration if the Security Firm is required to retum and perform additional Services, the insurance coverages specified below, insuring all operations related to the Contract. A. Insurance To Be Provided. 1) Workers' Compensation And Employer's Liability. Worker's Compensation, as prescribed by applicable law covering all employees who are to provide a service under this Contract and Employer's Liability coverage with limits of not less than Five Hundred Thousand Dollars ($500,000) each accident or illness. 2) Commercial General Liability (Primary And Umbrella). Commercial General Liability Insurance or equivalent with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage liability. Coverage must 12/17/2003 REPORTS OF COMMITTEES 15227 include the following: all premises and operations, products/completed operations, separation of insureds and contractual liability (with no limitation endorsement). The S.S.A.C, the City of Chicago and the Contractor are to be named as additional insureds on a primary, noncontributory basis for any liability arising directly or indirectly from the work. 3) Automobile Liability (Primary And Umbrella). When any motor vehicles (owned, non-owned and hired) are used in connection with work to be performed, the Security Firm must provide Automobile Liability Insurance with limits of not less than One Million Dollars ($ 1,000,000) per occurrence for bodily injury and property damage. 4) Professional Liability. Professional Liability Insurance covering acts, errors, or omissions must be maintained with limits of not less than One Million Dollars ($1,000,000). Coverage must include contractual liability. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede, start of work on the Contract. A claims-made policy which is not renewed or replaced must have an extended reporting period of two (2) years. B. Other Requirements. The Security Firm will fumish the contractor original Certificates of Insurance evidencing the required coverage to be in force on the date of this Contract, and Renewal Certificates of Insurance, or such similar evidence, if the coverages have an expiration or renewal date occurring during the term of this Contract. The Security Firm must submit evidence of insurance prior to Contract award. The receipt of any certificate does not constitute agreement by the Contractor that the insurance requirements in the Contract have been fully met or that the insurance policies -indicated on the certificate are in compliance with all Contract requirements. The failure ofthe Contractor to obtain certificates or other insurance evidence from Security Firm must not be deemed to be a waiver by the Contractor. The Security Firm must advise all insurers of the Contract provisions regarding insurance. Nonconforming insurance must not relieve Security Firm of its 15228 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 obligation to provide insurance as specified herein. Nonfulfillment ofthe insurance conditions may constitute a violation ofthe Contract, and the Contractor retains the right to stop work until proper evidence of insurance is provided, or the Contract may be terminated. The insurance must provide for sixty (60) days prior written notice to be given to the Contractor in the event coverage is substantially changed, canceled, or nonrenewed. Any deductibles or self-insured retentions on referenced insurance coverages must be bome by Security Firm. The Security Firm agrees that insurers must waive their rights of subrogation against the Contractor and the City of Chicago, its employees, elected officials, agents, or representatives. The coverages and limits fumished by Security Firm in no way limit the Security Firm's liabilities and responsibilities specified within the Contract or by law. Any insurance or self-insurance programs maintained by the Contractor must not contribute with insurance provided by the Security Firm under the Contract. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of law. The Security Firm must require all subcontractors to provide the insurance required herein, or Security Firm may provide the coverages for subcontractors. All subcontractors are subject to the same insurance requirements of Security Firm unless otherwise specified herein. If Security Firm desires additional coverages, the Security Firm and each of its subcontractors desiring the additional coverages is responsible for the acquisition and cost. The Contractor maintains the right to modify, delete, alter or change these requirements. 15229 REPORTS OF COMMITTEES 12/17/2003 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 24) Prevailing Wages. (Page 1 of 9) Cook County Prevailing Wage For November, 2007. Trade Name ASBESTOS ABT-GEN ASBESTOS ABT-MEC BOILERMAKER BRICK MASON CARPENTER CEMENT MASON CERAMIC TILE FNSHER COMM. ELECT. ELECTRIC PVJR EQMT OP ELECTRIC PWR GRNDMAN ELECTRIC PWR LINEMAN ELECTRICIAN ELEVATOR CONSTRUCTOR FENCE ERECTOR GLAZIER HT/FROST INSULATOR IRON WORKER LABORER LATHER MACHINIST MARBLE FINISHERS MARBLE MASON MILLWRIGHT OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER ORNAMNTL IRON WORKER RG TYP„C Base ALL BLD BLD BLD ALL ALL BLD BLD ALL ALL ALL ALL BLD ALL BLD BLD ALL ALL BLD BLD ALL BLD ALL BLD BLD BLD BLD FLT FLT FLT FLT HWY HWY HWY HWY HWY ALL 29.000 23.300 35.600 30.550 33.320 34.000 24.450 29.940 33.000 25.740 33.000 33.650 35.655 23.540 29.000 30.450 32.580 29 000 33 320 33 230 24 050 30 550 33.320 35.700 34.400 31.850 30.100 38.350 36.850 32.800 27.300 33.900 33.350 31.300 29.900 28.700 30.850 FRMAN •M-F>B OSA OSH H/W 29 ,750 24 .800 3B .800 32 ,550 34 .820 35.000 0.000 32.340 38.450 38.450 38.450 36.150 40.110 24.790 30.000 32.200 34.080 29.750 34.820 34.980 26.050 32.550 34.820 39.700 39.700 39.700 39.700 38.350 38.350 38.350 38.350 37.900 37 .900 37 ,900 37 .900 37 ,900 32 .600 2.0 2.0 1.5 Pensn Vac 4.170 3.640 4.550 4.950 4.930 5.080 4.750 5.100 5.570 4.350 5.570 7.450 5.775 6.000 5.340 810 000 170 930 200 470 4.950 4.930 5.700 5.700 5.700 5.700 5.400 5.400 5.400 5.400 5.700 3.380 5.520 5.690 5.860 4.140 750 950 240 770 060 770 980 880 320 7.900 B 010 9 660 380 140 600 860 5.860 4.140 4.500 4.500 4.500 4.500 4.250 4.250 4.250 4.250 4.500 0.000 0.000 0.000 000 000 000 000 000 000 000 000 000 140 000 0.000 0.000 000 000 000 290 000 000 000 800 1.800 5.700 5.700 5.700 1.5 2.0 5 . 7 0 0 2.0 2.0 6 . 0 0 0 4.500 4.500 4.500 4.500 7.870 1.800 1.800 1.800 1.800 0.000 2.0 2.0 2.0 2.0 2.0 2.0 2.0 1.5 2.0 1.5 2.0 2.0 2.0 2.0 2.0 2.0 2.0 1.5 2.0 1.5 1.5 2.0 2.0 2:0 2.0 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 1.800 1.800 1.700 1.700 1.700 1.700 1.800 Trng 0.170 0.000 0.210 0.550 0.440 0.150 0.210 0.700 170 120 170 750 000 000 400 230 0.270 0.170 0.440 0.000 0.550 0.550 0.440 0.550 0.550 0.550 0.550 .000 .000 .000 .000 550 0.550 O.SSO 0.550 0.550 0.750 JOURNAL-CITY COUNCIL-CHICAGO 15230 12/17/2003 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 24) Prevailing Wages. (Page 2 of 9) Cook County Prevailing Wage For November, 2007. RG TYP,•c Base Trade Mame FRMAN * M- F>e OSA OSH H/H Pensn Vac Trng 1 FAIHTER PAINTER SIGNS PILEDRIVER PIPEFITTER PLASTERER PLUMBER ROOFER SHEETMETAL WORKER SION HANGER SPRINKLER FITTER STEEL ERECTOR STONE MASON TERRAZZO FINISHER TERRAZZO MASON TILE MASON TRAFFIC SAFETY WRKR TRUCK DftlVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TUCKPOINTER ALI BLD ALT. E E E E H W H W BLD BLD BLD BLD BLD BLD BLD ALL BLD BLD BLD BLD HWY ALL ALL AIX ALL AT.T. ALL ALL ALL BLD 1 2 3 4 1 2 3 4 31. 350 25.,530 33.,320 34. OOO 29..990 36.,000 30..850 30..730 22..530 33 .700 32 .580 30..550 25..140 29..050 2$ ,450 22 .050 26 .900 27 .150 27 .350 27 .SSO 27 .500 27 .650 27 .850 28 .050 32 .200 35. 260 28. 660 34. 820 36.,000 30. 990 38.,000 32..850 33 .190 23..380 35 ,500 34..080 32..550 0,.000 30,.550 31 .850 23 .550 27 .550 27 .550 27 .550 27 .550 28 .050 28 .050 28 .050 28 .050 33 .200 5 ,5 ,5 .5 .5 .5 .5 .5 .5 2 .0 2 .0 1..5 2 .0 2..0 2 .0 .5 .5 .5 .5 .5 .5 .5 .5 .5 .5 ,5 ,5 ,5 .5 .5 .5 .5 ,5 .5 .0 .0 .5 ,5 .5 .5 .5 .5 .5 .5 .5 ,5 ,5 .5 .5 .5 B ( ~ ———^— 1.,5 1..5 2.,0 2..0 2.,0 2..0 2..0 2 .0 2,.0 2 .0 2 .0 2 .0 2 .0 2 .0 2 .0 2 .0 2 .0 2..0 2..0 2..0 2 .0 2 .0 2 .0 2 .0 2 .0 4. 700 2.,600 4.,930 5.,720 4..500 5..100 4..120 4,.310 3,.730 6 .600 6 .000 4,.950 5 .450 5 .450 4 .750 2 .478 4 .200 4..200 4.,200 4 .200 4 .200 4 .200 4 .200 4 .200 3 .760 4. 400 0.000 2. 040 0.000 4. 140 0.000 5. 350 0.000 5. 450 0.000 3. 040 0.000 2..460 0.000 6..790 0.000 1,.890 0.440 5 .000 0.000 9 .660 0.000 5 .860 0.000 4..630 0.000 5 .550 0.000 4..750 0.000 1..800 0.000 3 .200 0.000 3..200. 0.000 3..200 0.000 3,.200 0.000 3,.100 0.000 3 .100 0.000 3 ;100 0.000 3 .100 0.000 5 .340 0.000 Legend: M-F>B (Overtime is required for any hour greater than 6 worked each day, Honday through Friday. OSA (Overtime is required for every hour worked on Saturday) OSH (Overtime iG required for every hour worked on Sunday and Holidays) H/W (Health I, Welfare Insurance) Pensn (Pension) Vac (Vacation) Trng (Training) 0.340 0.000 0.440 0.000 0.400 0.390 0.320 0.490 0.000 0.450 0.270 0.550 0.200 0.160 0.430 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.580 12/17/2003 REPORTS OF COMMITTEES (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 24) Prevailing Wages. (Page 3 of 9) Explanations. COOK COUNTY TRUCK DRIVERS (WEST) - That part of the county West of Barrington Road. The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial/Decoration Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day. Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration such as the day after Thanksgiving for Veterans Day. If in doubt, please check with IDOL. EXPLANATION OF CLASSES ASBESTOS - GENERAL - removal of asbestos material from any place in a building, including mechanical systems where those mechanical systems are to be removed. This includes the removal of asbestos materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close future date. ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where, the mechanical systems are to remain. CERAMIC TILE FINISHER The grouting, cleaning, and polishing of all classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed products; all composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass, mosaics, fiberglass, and all substitute materials, for tile made in tile-like units; all mixtures in tile like form of cement, metals, and other materials that are for and intended for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings, swimming pools, and all other places where tile is to form a finished interior or exterior. The mixing of all setting mortars including but 15231 15232 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 24) Prevailing Wages. (Page 4 of 9) Explanations. not limited to thin-set mortars, epoxies, wall mud, and any other sand and cement mixtures or adhesives when used in the preparation, installation, repair, or maintenance of tile and/or similar materials. The handling and unloading of all sand, cement, lime, tile, fixtures, ecjuipment, adhesives, or any other materials to be used in the preparation, installation, repair, or maintenance of tile and/or similar materials. Ceramic Tile Finishers shall fill all joints and voids regardless of method on all tile work, particularly and especially after installation of said tile work. Application of any and all protective coverings to all types of tile installations including, but not be limited to, all soap compounds, paper products, tapes, and all polyethylene coverings, plywood, masonite, cardboard, and any new type of products that may be used to protect tile installations, Blastrac eguipment, and all floor scarifying equipment used in preparing floors to receive tile. The clean up and removal of all waste and materials. All demolition of existing tile floors and walls to be re-tiled. COMMUNICATIONS ELECTRICIAN - Installation, operation, inspection, maintenance, repair and service of radio, television, recording, voice sound vision production and reproduction, telephone and telephone interconnect, facsimile, data apparatus, coaxial, fibre optic and wireless eguipment, appliances and systems used for the transmission and reception of signals of any nature, business, domestic, commercial, education, entertainment, and residential purposes, including but not limited to, communication and 'telephone, electronic and sound ecjuipment, fibre optic and data communication systems, and the performance of any task directly related to such installation or service whether at new or existing sites, such tasks to include the placing of wire and cable and electrical power conduit or other raceway work within the ecjuipment room and pulling wire and/or cable through conduit and the installation of any incidental conduit, such that the employees covered hereby can complete any job in full. MARBLE FINISHER Loading and unloading trucks, distribution of all materials (all stone, sand, etc.), stocking of floors with material, performing all rigging for heavy work, the handling of all mateiral that may be needed for the installation of such materials, building of scaffolding, polishing if needed, patching, waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble. 12/17/2003 REPORTS OF COMMITTEES (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 24) Prevailing Wages. (Page 5 of 9) Explanations. holding water on diamond or Carborundum blade or saw for setters cutting, use of tub saw or any other saw needed for preparation of material, drilling of holes for wires that anchor material set by setters, mixing up of molding plaster for installation of material, mixing up thin set for the installation of material, mixing up of sand to cement for the installatin of material and such other work as may be required in helping a Marble Setter in the handling of all material in the erection or installation of interior marble, slate, travertine, art marble, serpentine, alberene stone, blue stone, granite and other stones (meaning as to stone any foreign or domestic materials as are specified and used in building interiors and experiors and customarily known as stone in the trade), carrara, sanionyx, vitrolite and similar opaque glass and the laying of all marble tile, terrazzo tile, slate tile and precast tile, steps, risers treads, base, or any other materials that may be used as substitutes for any of the aforementioned materials and which are used on interior and experior which sare installed in a similar manner. TERRAZZO FINISHER The handling of sand, cement, marble chips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the mixing, grinding, grouting, cleaning and sealing of all Marble, Mosaic, and Terrazzo work, floors, base, stairs, and wainscoting by hand or machine, and in addition, assisting and aiding Marble, Masonic, and Terrazzo Mechanics. i TRAFFIC SAFETY Work associated with barricades, horses and drums used to reduce lane usage on highway work, the installation and removal of temporary lane markings, cuid the installation and removal of temporary road signs. TRUCK DRIVER - BUILDING, HEAVY"AND HIGHWAY CONSTRUCTION - EAST t WEST Class 1. Two or three Axle Trucks. A-frame Truck when used for trauisportation purposes; Air Compressors and Welding Machines, including those pulled by cars, pick-up trucks and tractors; Ambulances; Batch Gate Lockers; Batch Hopperman; Car and Truck Washers; Carry-alls; Fork Lifts and Hoisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors 2-man operation; Pavement Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors; Self-propelled Chip Spreader; Skipman; Slurry Trucks, 2-man operation; 15233 15234 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 24) Prevailing Wages. (Page 6 of 9) Explanations. Slurry Truck Conveyor Operation, 2 or 3 man; TEamsters Unskilled dumpman; and Truck Drivers hauling waming lights, barricades, and portable toilets on the job site. Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or Turnatrailers when pulling other than self-loading equipment or similar ecjuipment under 16 cubic yards; Mixer Trucks under 7 yards; Ready-mix Plant Hopper Operator, and Winch Trucks, 2 Axles. Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or turnapulls when pulling other than self-loading ecjuipment or similar equipment over 16 cubic yards; Explosives and/or Fission Material Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Oil Distributors, 1-man operation; Pole Trailer, over 40 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry trucks, 1-man operation; Winch trucks, 3 axles or more; Mechanic--Truck Welder and Truck Painter. Class 4. Six axle trucks; Dual-purpose vehicles, such as mounted crane trucks with hoist and accessories; Foreman; Master Mechanic; Self-loading ecjuipment like P.B. and trucks with scoops on the front. OPERATING ENGINEERS - BUILDING Class 1. Mechanic; Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with Caisson attachment; Batch Plant; Benoto; Boiler and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant; Combination Back Hoe Front End-loader Machine; Compressor and Throttle Valve; Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Paver; Concrete Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted); Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes, (GCI and similar Type); Creter Crane; Crusher, Stone, etc.; Derricks, All; Derricks, Traveling; Formless Curb and Gutter Machine; Grader, Elevating; Grouting Machines; Highlift Shovels or Front Endloader 2-1/4 yd. and over; Hoists, Elevators, outside type rack and pinion and similar machines; Hoists, one, two and three Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar ecjuipment); Locomotives, All; Motor Patrol; Pile Drivers and Skid Rig; Post Hole Digger; Pre-Stress Machine; Pump 12/17/2003 REPORTS OF COMMITTEES (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 24) Prevailing Wages. (Page 7 of 9) Explanations. Cretes Dual Ram; Pump Cretes; Scjueeze Cretes-screw Type Pumps; Raised and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor Drawn; Slip-form Paver; Straddle Buggies; Tournapull; Tractor with Boom and Side Boom; Trenching Machines. Class 2. Bobcat (over 3/4 cu. yd.); Boilers; Brick Forklift; Broom, All Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over); Conveyor, Portable; Forklift Trucks; Greaser Engineer; Highlift Shovels or Front Endloaders under 2-1/4 yd.; Hoists, Automatic; Hoists, inside Freight Elevators; Hoists, Sewer Dragging Machine; Hoists, Tugger Single Drum; Laser Screed; Rock Drill (self-propelled); Rock Drill (truck mounted); Rollers, All; Steam Generators; Tractors, All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame. Class 3. Air Compressor; Combination - Small Ecjuipment Operator; Generators; Heaters, Mechanical; Hoists, Inside Elevators - (Rheostat Manual Controlled); Hydraulic Power Units (Pile Driving, Extracting, and Drilling); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Pumps, Well Points; Welding Machines (2 through 5); Winches, 4 small Electric Drill Winches; Bobcat (up to and including 3/4 cu. yd.). Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick Forklift. OPERATING ENGINEERS - FLOATING Class 1. Craft foreman (Master Mechanic), diver/wet tender, engineer (hydraulic dredge). Class 2. Crane/backhoe operator, mechanic/welder, assistant engineer (hydraulic dredge), leverman (hydraulic dredge), and diver tender. Class 3. Deck ecjuipment operator (machineryman), maintenance of crane (over 50 ton capacity) or backhoe (96,000 pounds or more), tug/launch operator, loader, dozer and like ecjuipment on barge, breakwater wall, slip/dock or scow, deck machinery, etc. Class 4. Deck ecjuipment operator (machineryman/fireman), (4 equipment units or more) and crane maintenance 50 ton capacity and under or backhoe weighing 96,000 pounds or less, assistant tug operator. OPERATING ENGINEERS - HEAVY AND HIGHWAY CONSTRUCTION Class 1. Craft Foreman; Asphalt Plant; Asphalt Heater and Planer 15235 15236 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 24) Prevailing Wages. (Page 8 of 9) Explanations. Combination; Asphalt Heater Scarfire; Asphalt Spreader; Autograder/GOMACO or other similar type machines; ABG Paver; Backhoes with Caisson attachment; Ballast Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi-Mix Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with attachments); Concrete Breaker (Truck Mounted): Concrete Conveyor; Concrete Paver over 27E cu. ft.; Concrete Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Hammerhead, Linden, Peco & Machines of a like nature; Crete Crane; Crusher, Stone, etc.; Derricks, All; Derrick Boats; Derricks, Traveling; Dowell machine with Air Compressor; Dredges; Field Mechanic-Welder; Formless Curb and Gutter Machine; Gradall and Machines of a like nature; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard Rail Post Driver Mounted; Hoists, One, Two and Three Drum; Hydraulic Backhoes; Backhoes with shear attachments; Mucking Machine; Pile Drivers and Skid Rig; Pre-Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck Mounted; Roto Mill Grinder; Slip-Form Paver; Soil Test Drill Rig (Truck Mounted); Straddle Buggies; Hydraulic Telescoping Form (Tunnel); Tractor Drawn Belt Loader (with attached pusher - two engineers); Tractor with Boom; Tractaire with Attachments; Trenching Machine; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole; Drills (Tunnel Shaft); Underground Boring and/or Mining Machines; Wheel Excavator; Widener (APSCO). Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front Endloader Machine (less than 1 cu. yd. Backhoe Bucket or over or with attachments); Compressor and Throttle Valve; Compressor, Common Receiver (3); Concrete Breaker or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 7S Series to and including 27 cu. ft.; Concrete Spreader; Concrete Curing Machine, Burlap Machine, Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or Similar Type); Drills, All; Finishing Machine Concrete; Greaser Engineer; Highlift Shovels or Front Endloader; Hoist - Sewer Dragging Machine; Hydraulic Boom Trucks (All Attachments); Hydro-Blaster; All Locomotives, Dinky; Pump Cretes; Scjueeze Cretes-Screw Type Pumps, Gypsum Bulker and Pump; Roller, Asphalt; Rotory Snow Plows; Rototiller, Seaman, etc., self-propelled; Scoops Tractor Drawn; Self-Propelled Compactor; Spreader - Chip - Stone, etc.; Scraper; Scraper - Prime Mover in Tandem (Regardless of Size); Tank Car Heater; Tractors, Push, Pulling Sheeps Foot, Disc, Compactor, etc.; Tug Boats. 12/17/2003 REPORTS OF COMMITTEES (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 24) Prevailing Wages. (Page 9 of 9) Explanations. Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2); Concrete Mixer (Two Bag and Over); Conveyor, Portable; Farm-Type Tractors Used for Mowing, Seeding, etc.; Fireman on Boilers; Forklift Trucks; Grouting Machine; Hoists, Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Pipe Jacking Machines; Post-Hole Digger; Power Saw, Concrete Power Driven; Pug Mills; Rollers, other than asphalt; Seed and Straw Blower; Steam Generators; Stump Machine; Winch Trucks with "A" Frame; Work Boats; Tamper - Form-Motor Driven. Class 4. Air Compressor; Combination - Small Ecjuipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic Power Unit (Pile Driving, Extracting, or Drilling); HydroBlaster; Light Plants, All (1 through 5); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Pumps, Well Points; Tractaire; Welding Machines (2 through 5); Winches, 4 Small Electric Drill winches. Class 5. Bobcats (all); Brick Forklifts, Oilers. Other Classifications of Work: For definitions of classifications not otherwise set out, the Department generally has on file such definitions which are available. If a task to be performed is not subject to one of the classifications of pay set out, the Department will upon being contacted state which neighboring county has such a classification and provide such rate, such rate being deemed to exist by reference in this document. If no neighboring county rate applies to the task, the Department shall undertake a special determination, such special determination being then deemed to have existed under this determination. If a project recjuires these, or any classification not listed, please contact IDOL at 618/993-7271 for wage rates or clarifications. LANDSCAPING Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of ecjuipment used or its size) is covered by the classifications of operating engineer. The work performed by landscape truck drivers (regardless of size of truck driven) is covered by the classifications of truck driver. 15237 15238 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 7. (To Service Provider Agreement For Special Service Area Number 24) Performance Bond Form. ^nnfn ^ i ^ e n bg t[\tit p r e s e n t s , That we. Principal, hereinafter refened to as Coninictor, and , Surety ofthe County of Cook and State of niinois, are held and finnly bound unto the CITY OF CHICAOO in the penal sum of lawful money of the United States, for the payment of which sum of money, well and tnily to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jinntly and severally, firmly by these presents. ^t<h with our seals and dated this day of A.D., 20 ^l;e (UDnbtHnn of life ^ a i x t dbltgalton is 9ucl{, That whereas the above bounden Contiactor bas entered into a certain contract with the CITY OF CHICAGO, bearing Contract No. and Specnfication No. all in confoimity with said connact, for. The said contract is incorporated herein by reference in its entirety, including without hmitalion, any and all indemnification provisions. Now, if the said Contractor shall in all respects well and truly keep and perform the said contract on its part, in accordance with the terms and provisions of all of the Contract Documentis comprising said contract, and in thc time and manner therein prescribed, and further shall save, indenmify, and keep harmless the City of Chicago against all loss, damages, claims, liabilities, judgements, costs and expenses which may in anywise accrue against said City of Chicago, in consequence of the granting of said contract, or which may in anywise result therefrom, or which inay result from strict liability, or which may in anywise result from any injuhes to, or death of, any peison, or damage to any real or personal property, arising directly or indirectly from or in connection with, work performed or to be 12/17/2003 REPORTS OF COMMITTEES 15239 performed under said contract by said Contractor, its Agents, Employees or Workmen, assignees, subcontractois, or anyone else, in any Inspect whatever, or which may result on account of any infringement of any patent by reason of the matenals, machinery, devices or apparatus used in the performance of said contract, and moreover, shall pay to said City any sum or sums of money determined by the Purchasing Agent, and/or by a coun of competent jurisdiction, to be due said City by reason of any failure or neglect in the performance of the requirements of said contract, wherefore the said Purchasing Agem Shall have elected to suspend or cancel the same, and shall pay all claims and demands whatsoever, which may accnie to each and every materialman and subcontractor, and to each and every person who sball be employed by the said Contractor or by its assignees and subcontractors, in or about the performance of said ccmtract, and with wages paid at prevailing wage rates if so required by said contract, and shall insure its liability to pay the compensation, and shall pay all claims and demands for compensation which may accrue to each and every person who shall be employed by them or any of them in or about the performance of said contract, or which shall accrue to the beneficiaries or dependents of any such person, under the provisions of the Worken" Compensabon Acu 820 ILCS 305, as amended, and the Workers' Occupational Disease Act, 820 ILCS 310, as amended (hereinafter referred to as "Acts") then is this obligation to be null and void, otherwise to remain in full force and effect. And it is hereby expressly undeisttxid and agreed, and made a condition hereof, that any judgement rendered against said City in any suit based upon any loss, damages, claims, liabilities, judgements, costs or expenses which may in anywise accnie against said City as a consequence of Ihe granting of said contract, or which may in anywise result therefrom, or which may in anywise result faom any injuries to, or death of, any person, or damage to any real or personal propeny, arising directly or indirectly from, or in connection with, work perfonned, or to be performed under said contract by said Contractor or its agents, employees or workmen, assignees, subcontractois, or anyone else and also any decision of die IndusDial Commission of the State of Illinois, and any order of coun based upon such decision, or judgement thereon, rendered against said Oty of Chicago in any suit or claim arising under the aforementioned Acts when notice of the pendency or arbitration proceedings or suit shall have been given said Conn-actor, shall be conclusive against each and all parties to this obUgation, as to amount, Uability and all other things penaining thereto. * Every peiscm furnishing inaterial or performing labor in the perfoimance of said contract, either as an individual, as a subcontractor, or otherwise, shall have the right to sue on this bond in the name of the City of Chicago for his use and benefit and in such suit said person as plaintiff, shall file a copy of this bond, certiRed by the party or panics in whose charge this bond shall be, which copy shall be, unless execution thereof lie denied under oath, prima facie evidence of the execution and deUvery of the original; provided, that nothing in this bond contained sball be taken to make the Qty of Chicago Uable to any subcontractor, materialman, laborer or to any other person to any greater extent than il would have been Uable prior to die enactment of the PubUc Construction Bond Act, 30 ILCS SSO, as amended; provided fiirther, that any peison having a claim for-labor and materials fiimished in the peifoimance of this contiact shall have no right of action unless he shall have filed a verified notice of such claim with the Clerk of the City of Chicago vnthin 180 days after the date of the last item of wotk or the fiimishing of Ihe last item of materials, and shaU have fiunished a copy of such verified notice to the contractor within 10 days of the filing of the notice with the City of Chicago. Sucb claim shall be verified and shall contain the name and address of the claimant, the business addiess of the claimant within the State of DUnois, if any, or if the claimant be a fcneign coiporation having no place of business with the Stale the principal place of business of said corporation, and in all cases of paitnenhip the names and residences of each of the paitners, the name of the contiactor for the Cily of Chicago, the name of the peison, firm or corporation by whom the claimant was employed or to whom such claimant furnished materials, the amount of the claim and a brief description of die pubUc improvement for the construction or instaUation of which the contract is to be perfoimed. Piovided, fiiither, that no defect in the notice herein provided for shall deprive Ihe claimant of his right of action under the lerms and provisions of this bond unless it shall affiimatively appear that such defect has prejudiced die rights of an interested party asserting the same; provided, further, that no action shall be brought until the expiration of one hundred twenty (120) days after the date of Ihe last item of work or of the furnishing of the Ust item of material, except in cases where the fmal settlement between the City of Chicago and thc Contraaor shall have been made prior to the expiration of the 120 day period in wtiich case action may be taken immediately following such final settlement, and provided, fiirther, that no action of any kind shall be brought later than six (6) months after the acceptance by die Qty of Chicago of Che completion of work. Any suit upon this bond shall be brought only in a circuit coun of the State of DUnois in Ihe judicial cUstrict in which die contract shall have been performed. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or adcUtion lo the terms of any of the Contract Documents comprising said contract, or to the work to be perfonned thereunder, shall in anyvrise affect the obUgations on Ihis bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the teims of said Contract Documents oi to the woik. JOURNAL-CITY COUNCIL-CHICAGO 15240 12/17/2003 (Seal) .20_ Approved. (Seal) (Seal) Purchasiiig Agent (Seal) Approved as lo forni and legality: (Seal) ) (Seal) Assistant Corporation Counsel STATE OF ILLINOIS, COUNTY OF COOK. !•} ss. I, , a Notary PubUc in and for the County and State aforesaid, DO HEREBY CERTIFY that_ President and . Secretary of the_ Z o who are peisonally known to me to be the same peisons whose names are subscribed in the foregoing instrument as such. . President and_ . Secretary, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument of writing as their free and voluntary act, and as the free and voluntary act of the said for the uses and purposes therein set forth, and caused the coiporate seal of said Company to be thereto attached. tb GIVEN under my hand and Notarial Seal this \ day of Notary PubUc 20_ 12/17/2003 REPORTS OF COMMITTEES 15241 (^ STATE OF ILLINOIS,"! COUNTY OF COOK, J , a Notary PubUc in and for the County and State aforesaid, DO HEREBY CERTIFY that. . of the_ o to be the same person. O . whose name_ . personally known _who_ . subscribed ui the foregoing instrument as such_ i_, appeared before me this day in penon and acknowledged that. u signed, sealed and deUvered the said instrument of writing as_ H _free and voluntary act. and as the free and voluntary act of the said. for Ihe uses and puiposes theiein set forth, and caused the coiporate seal of said Company to be thereto attached. Oi tn GIVEN under my hand and Notarial Seal tiiis day of 20_ Notary PubUc \ ^ STATE OF ILLINOIS,"! COUNTY OF COOK, J I,. . a Notary PubUc in and for the County and Stale afotesaid, DO HEREBY CERTIFY dial who personally known to me to be the same persons whose name. insnuinent, appeared before me this day in person and acknowledged that th said instniment of writing as .subscribed in the foregoing he signed, sealed and deUvered lhe free and voluntiiry act, for the uses and puiposes therein set foith. GIVEN under my hand and Notarial Seal this day of Notary PubUc 20 15242 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 8. (To Service Provider Agreement For Special Service Area Number 24) Contractor Affidavit. Contractor Name: Special Service Area Number: Agreement ("Agreement"): Agreement between the City of Chicago and , relating to the provision of special services. dated, Affidavit. The undersigned, , as , and on behalf of , having been duly swom under oath, certifies that in the year , it performed all of the Services described in (Sub)Exhibit 1 ofthe Agreement in accordance with the terms ofthe Agreement and that it spent all funds obtained from the City in connection with that Agreement on the Services described in (Sub)Exhibit 1. Nothing in this Affidavit may be construed as limiting Contractor's obligations under the Agreement. All terms not defined in this Affidavit will be as defined in the Agreement. Under penalty of perjury, I certify that I am authorized to execute this Affidavit on behalf of the Contractor, that I have personal knowledge of the certifications made in this Affidavit, and that they are true and correct. Name of Contractor: Signature of Authorized Officer Name of Authorized Officer (Print or T5rpe) 12/17/2003 REPORTS OF COMMITTEES 15243 State of County of_ Swom to and acknowledged before me by as [title] of this day of , 20 . [name of signatory] [name of contracting party] Signature of Notary AUTHORIZATION FOR ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 2 5 , IMPOSITION OF TAX LEVY, APPROVAL OF 2 0 0 4 BUDGET AND EXECUTION OF SERVICE PROVIDER AGREEMENT. The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration an ordinance authorizing the establishment of Special Service Area Number 25, the imposition of a tax levy, the approval ofthe 2004 budget and the execution ofa service provider agreement for Special Service Area Number 25, amount to be levied: $170,000, having had 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 viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. 15244 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yieas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Munoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed: WHEREAS, Special service areas may be established pursuant to Article VII, Sections 6(1) and 7(6) ofthe Constitution ofthe State oflllinois, and pursuant to the provisions ofthe Special Service Area Tax Law, 35 ILCS 200/27-5, et seq. (the "Act") and pursuant to the Revenue Act of 1939, 35 ILCS 2 0 5 / 1 , et seq. (the "Revenue Act") as amended from time to time; and WHEREAS, The City Council ofthe City ofChicago (the "City Council") determines that it is in the best interests ofthe City ofChicago (the "City") to establish a special service area to be known and designated as Special Service Area Number 25 (the "Area") to provide certain special govemmental services in addition to services provided generally by the City, all as further provided in this ordinance (the "Special Services"), and further determines to authorize the levy of an annual ad valorem real property tax, for a period of ten (10) years in the Area sufficient to produce revenues required to provide those Special Services (the "Services Tax"); and WHEREAS, The City Council desires to authorize the execution of an agreement with a service provider for the provision of the Special Services in and for the Area in fiscal year 2004; now, therefore, Be It Ordained by the City Council of the City of Chicago: SECTION 1. Incorporation Of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. SECTION 2. Findings. The City Council finds and declares as follows: 12/17/2003 REPORTS OF COMMITTEES 15245 (a) the Area, as established by this ordinance, consists of contiguous territory in the City; (b) the City Council adopted an ordinance on September 4, 2003 authorizing a public hearing (the "Public Hearing") to consider the establishment ofthe Area and the levy of the Services Tax on the taxable property located in the Area to provide the Special Services; (c) notice of the Public Hearing was given by publication at least once not less than fifteen (15) days prior to the hearing in the Chicago Sun-Times, a newspaper published in and of general circulation within the City, and notice of the Public Hearing was also given by depositing said notice in the United States mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each property lying within the Area, not less than ten (10) days prior to the time set for the Public Hearing. For any properties for which taxes for the last preceding year were not paid, the notice was sent to the person last listed on the tax rolls prior to that year as the owner of the property; (d) the notice complied with all of the applicable provisions of the Act; (e) the Public Hearing was held on September 26, 2003 by the Committee on Finance ofthe City Council. All interested persons, including all persons owning real property located within the Area, were given an opportunity to be heard at the Public Hearing regarding any issues embodied in the notice and have had an opportunity to file with the City Clerk of the City written objections on such issues; (f) the Committee on Finance of the City Council has heard and considered all ofthe comments, objections, protests and statements made at the Public Hearing with regard to the issues embodied in the notice and has determined to recommend to the City Council that it is in the public interest and in the interest of the City and the Area to establish the Area and to authorize the levy of the Services Tax, all as provided in this ordinance; (g) the Public Hearing was finally adjourned on September 26, 2003; (h) the sixty (60) day period as described in Section 27-55 of the Act, in which an objection petition to this ordinance may be filed, commenced on September 26, 2003; and 15246 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (i) the City Council hereby finds and determines that it is in the best interests of the City that the Area be established and the Services Tax be authorized, all as set forth herein. SECTION 3. Area Established. There is hereby established a special service area located within the City to be known and designated as City of Chicago Special Service Area Number 25. The approximate street location of said territory consists ofthe territory of both sides of West 26"* Street from South Califomia Avenue west to the east line of the Belt Railroad near the City limits. A legal description of the Area is attached as Exhibit 1 hereto and hereby incorporated herein. A map of the Area is attached as Exhibit 2 hereto and hereby incorporated herein. A list of permanent index numbers for the properties in the Area is attached hereto as Exhibit 3 and hereby incorporated herein. SECTION 4. Special Services Authorized. The Special Services authorized hereby include: maintenance and beautification activities including, but not limited to, snow removal and sidewalk cleaning; support, retention and promotion of existing businesses within the Area; coordinated marketing and promotional activities; strategic planning for the general development of the Area; security, including, but not limited to, the development of safety programs; parking management research, including initiation of shuttle bus transit service; development of financing local facade improvement program; and other technical assistance activities to promote commercial and economic development, including, but not limited to, streetscape improvements, strategic transit/parking improvements including parking management studies, and enhanced land-use oversight and control initiatives (collectively, the "Special Services"). The Special Services shall be in addition to services provided to and by the City of Chicago generally. • SECTION 5. Authorization Of Levy. There is hereby authorized to be levied in each year beginning in 2003 through and including 2012 the Services Tax upon the taxable property within the Area to produce revenues required to provide the Special Services, said Services Tax not to exceed the sum of forty-five onehundredths of one percent (0.45%) of the equalized assessed value of the taxable property within the Area. The Services Tax shall be in addition to all other taxes provided by law and shall be levied pursuant to the provisions of the Revenue Act. The levy of the Services Tax for each year shall be made by annual ordinance, commencing with this ordinance. SECTION 6. Appropriations. Based on the recommendation of the Department ofPIanning and Development, there is hereby appropriated the following s u m in the amount and for the purposes necessary to provide the Special Services in and for the Area indicated as follows: 12/17/2003 REPORTS OF COMMITTEES 15247 Special Service Area Number 25 Special Service Area Budget. For the fiscal year beginning January 1, 2004 and ending December 3 1 , 2004. Expenditures Service Provider Agreement for the provision of Special Services $170,000 TOTAL BUDGET REQUEST: $170,000 Source Of Funding Tax levy at a rate not to exceed forty-five one-hundredths of one percent (0.45%) of the assessed value, as equalized, of taxable property within Special Service Area Number 25 $170,000 SECTION 7. Levy Of Taxes. There is hereby levied pursuant to the provisions of Article VII, Sections 6(a) and 6(1)(2) ofthe Constitution ofthe State oflllinois and pursuant to the provisions of the Act and pursuant to the provisions of this ordinance, the sum of One Hundred Seventy Thousand Dollars ($170,000) as the amount of the Services Tax for the tax year 2003. SECTION 8. Commission Authorized. There is hereby established the Little Village Special Service Area Commission (the "Commission") which shall consist of nine (9) members. The Mayor, with the approval ofthe City Council, shall appoint the initial Commission members from a list of nominees submitted by the Little Village — 26'*' Street Area Chamber of Commerce, an Illinois not-for-profit corporation (the "Organization"). Of the initial Commission members, five (5) members shall be appointed to serve for two (2) year terms, and four (4) shall be appointed to serve for one (1) year terms. Upon the expiration of the term of any Commission member, the Mayor, with the approval of City Council, shall appoint a successor Commission member from a list of nominees submitted by the Organization. Other than the initial Commissioners, each Commission member 15248 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 shall be appointed to serve for a term of two (2) years and until a successor is appointed. In the event of a vacancy on the Commission due to resignation, death, inability to serve, removal by the Mayor or other reason, the Mayor, with the approval of City Council, shall appoint a successor from a list of nominees submitted by the Organization. Each successor so appointed shall serve for the remaining term for which h e / s h e was appointed. The Commission shall designate one (1) member as the chairman of the Commission, and h e / s h e shall serve not more than two (2) successive two (2) year terms. The Commission may establish bylaws for its procedural operation. The Commission shall have the powers delegated to it in Section 9 hereof. The terms and powers of the Commission members shall cease upon the termination of the time period for which the levy of the Services Tax is authorized. The members of the Commission shall serve without compensation. SECTION 9. Powers Of The Commission. The Commission is hereby granted the following powers: (a) to recommend the rate or amount of the Services Tax and an annual budget to the City Council; (b) to recommend a sole service provider contract, including a scope of services and a contractor therefor, to the City Council for the provision of the Special Services. SECTION 10. Service Provider Agreement. The Commissioner of the Department ofPIanning and Development (the "Commissioner"), or a designee of the Commissioner, are each hereby authorized, subject to approved by the Corporation Counsel as to form and legality, to enter into, execute and deliver an agreement with the Organization, in substantially the form attached hereto as Exhibit 4 and hereby made a part hereof (the "Service Provider Agreement"), and such other supporting documents, if any, as may be necessary to carry out and comply with the provisions ofthe Service Provider Agreement, with such changes, deletions and insertions as shall be approved by the persons executing the Service Provider Agreement. SECTION 11. Exemption. The Service Provider Agreement is hereby declared exempt from Section 2-156-020 ofthe Municipal Code ofChicago. SECTION 12. Protests And Objections. Ifapetitionof objection is filed with the Office of the City Clerk of the City signed by at least fifty-one percent (51%) of the electors residing within the boundaries of the Area and by at least fifty-one percent (51%) ofthe owners ofrecord ofthe property included within the boundaries ofthe 12/17/2003 REPORTS OF COMMITTEES 15249 Area within sixty (60) days following the adjournment of the Public Hearing, all as provided for in Section 27-55 of the Act, as a result of such filing this ordinance shall be deemed to be null and void, the Area shall not be created, the Services Tax shall not be levied and the Service Provider Agreement shall not be entered into or shall be deemed to be null and void and no compensation in connection therewith shall be provided to the Organization. SECTION 13. Severability. Ifany provision ofthis ordinance or the application of any such provision to any person or circumstances shall be invalid, such invalidity shall not affect the provisions or application of this ordinance which can be given effect without the invalid provision or application, and to this end each provision of this ordinance is declared to be severable. SECTION 14. Filing. The City Clerk is hereby ordered and directed to file in the Office of the County Clerk of Cook County, Illinois (the "County Clerk"), in accordance with Section 27-75 of the Act, a certified copy of this ordinance containing an accurate map of the Area. The City Clerk is hereby further ordered and directed to file in the Office of the Recorder of Deeds of Cook County, in accordance with Section 27-40 of the Act, a certified copy of this ordinance containing a description of the Area, within sixty (60) days of the effective date of this ordinance. In addition, the City Clerk is hereby further ordered and directed to file in the Office ofthe County Clerk, in accordance with Section 27-75 ofthe Act, a certified copy ofthis ordinance on or prior to December 30, 2003, and the County Clerk shall thereafter extend for collection together with all other taxes to be levied by the City, the Services Tax herein provided for, said Services Tax to be extended for collection by the County Clerk for the tax year 2003 against all the taxable property within the Area, the amount of the Services Tax herein levied to be in addition to and in excess of all other taxes to be levied and extended against all taxable property within the Area. SECTION 15. Conflict. This ordinance shall control over any provision of any other ordinance, resolution, motion or order in conflict with this ordinance, to the extent of such conflict. SECTION 16. Publication. This ordinance shall be published by the City Clerk, in special pamphlet form, by preparing at least one hundred (100) copies thereof, which copies are to be made available in his office for public inspection and distribution to members of the public who may wish to avail themselves of a copy of this ordinance. SECTION 17. Effective Date. This ordinance shall take effect ten (10) days after its passage and publication. 15250 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 [Exhibit 2 referred to in this ordinance printed on page 15257 of this Journal] Exhibits 1, 3 and 4 referred to in this ordinance read as follows: Exhibit 1. (To Ordinance) Proposed Little Village Special Service Area Number 25. Legal Description. All that part of the east halfofthe northwest quarter of Section 25, Township 39 North, Range 13 East ofthe Third Principal Meridian and that part of Sections 26 and 27, all in Township 39 North, Range 13 East of the Third Principal Meridian bounded and described as follows: beginning at the point of intersection ofthe south line of West 25"^ Street with the west line of South Califomia Avenue; thence west along said south line of West 2 5 * Street to the northeast comer of Lot 48 in Block 6 of Cass' Subdivision of the east 30 acres of the south 64 acres of the northwest quarter of Section 25, Township 39 North, Range 14 East; thence south along the east line of said Lot 48 in Cass' Subdivision, said east line being also the west line ofan alley west of South Califomia Avenue, to the southeast corner of said Lot 48; thence west along the north line of an alley north of West 26"" Street and its westerly extension, said north line being also the south line of Lots 48 through 30 of said Block 6 of Cass'Subdivision, to the west line of South Albany Avenue; thence south along the west line of South Albany Avenue to the northeast comer of Lot 7 in the Burlington Third Subdivision of the west half of the northwest quarter ofSection 25, Township 39 North, Range 13 East ofthe Third Principal Meridian; thence west along the north line of said Lot 7 and its easterly extension to the west line ofan alley west of South Albany Avenue; thence south along said west line of the alley west of South Albany Avenue to the northeast 12/17/2003 REPORTS OF COMMITTEES 15251 comer of the south 12.5 feet of Lot 6 in said Burlington Third Subdivision; thence west along the north line of said south 12.5 feet of Lot 6 in the Burlington Third Subdivision and the westerly extension thereof to the west line of South Troy Street; thence north to the northeast comer of Lot 3 of said Burlington Third Subdivision; thence west along the north line of said Lot 3 and its westerly extension and the north line of Lot 2 in said Burlington Third Subdivision to the west line of South Kedzie Avenue; thence north along the west line of South Kedzie Avenue to the northeast comer of Lot 21 in Block 8 in the Kedzie Avenue Land Association Subdivision in the northeast quarter ofSection 26, Township 39 North, Range 13 East ofthe Third Principal Meridian; thence west along the north line of said Lot 21 to the west line of an alley west of South Kedzie Avenue; thence south along said west line ofthe alley west of South Kedzie Avenue to the southeast comer of Lot 23 in Block 8 of said Kedzie Avenue Land Association Subdivision; thence west along the south line of said Kedzie Avenue Land Association Subdivision and its westerly extension to the west side of South Homan Avenue; thence north along the west side of South Homan Avenue to the northeast comer of Lot 38 in the Converse & Fitch Subdivision of Lots 64, 65, 72, 73, and 80 in Joy & Frisbee's Subdivision; thence west along the north line of said Lot 38 in the Converse & Fitch Subdivision and its westerly extension and the north line of Lot 47 in said Converse & Fitch Subdivision and its westerly extension to the east line of South Trumbull Avenue; thence north along the east line of South Trumbull Avenue to the easterly extension of the south line of Lot 19 in Henry Curtis' Subdivision of Lots 63, 66, 7 1 , 74 and 79 in Joy & Frisbee's Subdivision of the east half of the west half of the northeast quarter ofSection 26, Township 39 North, Range 13 East ofthe Third Principal Meridian; thence west along said easterly extension and said south line of Lot 19 to the west line of South St. Louis Avenue; thence south along the west side of South St. Louis Avenue to the southeast comer of Lot 7 in Block 9 of King, Scott & Wilson's Addition to Chicago, a resubdivision of Lots 1 to 40, both inclusive, of Chas. C. Mowry's Subdivision of the east half of the northwest quarter and ofthe west halfofthe northeast quarter ofSection 26, Township 39 North, Range 13 East ofthe Third Principal Meridian; thence west along the south line of said Lot 7 in Block 9 of King, Scott &, Wilson's Addition to Chicago to the east line of an alley west of South St. Louis Avenue; thence north along said east line of the alley west of South St. Louis Avenue to the easterly extension ofthe north line ofthe south 3.00 feet of Lot 9 in Block 9 of said King, Scott & Wilson's Addition to Chicago; thence west along said easterly extension and the north line ofthe south 3.00 feet of Lot 9 and the westerly thereof to the west side of South Clifton Park Avenue; thence south along the west side of 15252 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 South Clifton Park Avenue to the southeast comer of Lot 5 in Block 10 of said King, Scott 86 Wilson's Addition to Chicago; thence west along the south line of said Lot 5 in Block 10 of said King, Scott & Wilson's Addition to Chicago to the west line of an alley west of South Clifton Park Avenue; thence south along the west line of said alley west of South Clifton Park Avenue to the southeast comer of Lot 5 in Block 10 of said King, Scott 8c Wilson's Addition to Chicago; thence west along the south line of said lots in Block 10 of said King, Scott & Wilson's Addition to Chicago and its westerly extension to the west side of South Central Park Avenue; thence north along the west side of South Central Park Avenue to the north line of the south 8.30 feet of Lot 44 in Block 1 of Millard 86 Decker's Subdivision ofthe east halfofthe east halfofthe northwest quarter of Section 26, Township 39 North, Range 13 East ofthe Third Principal Meridian; thence west along said north line ofthe south 8.30 feet of Lot 44 in Block 1 of Millard 86 Decker's Subdivision and its westerly extension to the west line of South Millard Avenue; thence south along the west line of South Millard Avenue to the southeast comer of Lot 44 in Block 2 of said Millard 86 Decker's Subdivision; thence west along the south line of said Lot 44 in Block 2 of said Millard 86 Decker's Subdivision tp the and its westerly extension to the west side of South Lawndale Avenue; thence south along the west side of South Lawndale Avenue to the north line of F. E. Hodek's Subdivision of Lots 23 and 24 of Block 1 of J o h n Kebler's Subdivision; thence west along said north line of F. E. Hodek's Subdivision of Lots 23 and 24 of Block 1 of John Kebler's Subdivision to the east line of an alley west of South Lawndale Avenue; thence north along the east side of the alley west of South Lawndale Avenue to the easterly extension of the south line of Lot 29 of Block 1 of J o h n Kebler's Subdivision of Lots 14 and 15 of said Chas. C. Mowry's Subdivision; thence west along said easterly extension and the south line of Lot 29 of Block 1 of J o h n Kebler's Subdivision of Lots 14 and 15 of said Chas. C. Mowry's Subdivision and its westerly extension to the west side of South Ridgeway Avenue; thence north along the west side of South Ridgeway Avenue to the southeast comer of Lot 19 in Block 2 of said J o h n Kebler's Subdivision of Lots 14 and 15 of said Chas. C. Mowry's Subdivision; thence west along the south line of said Lot 19 in Block 2 of said John Kebler's Subdivision of Lots 14 and 15 of said Chas. C. Mowry's Subdivision and its westerly extension to the west side of an alley west of South Ridgeway Avenue; thence south along the west side of the alley west of South Ridgeway Avenue to the southeast comer of Lot 27 in Block 2 of said J o h n Kebler's Subdivision of Lots 14 and 15 of said Chas. C. Mowry's Subdivision and its westerly extension to the west side of an alley west of South Ridgeway Avenue; thence west along the south line of said Lot 27 in Block 2 of said J o h n 12/17/2003 REPORTS OF COMMITTEES 15253 Kebler's Subdivision and its westerly extension to the west line of South Hamlin Avenue; thence south along the west line of South Hamlin Avenue to the southeast corner of Lot 17 in Block 9 of the subdivision of Blocks 8 and 9 of S. J. Glover's Addition to Chicago, being all that part lying south ofthe south line of the right-of-way of the C. B. 86 Q. Railroad of the west half of the northwest quarter ofSection 26, Township 39 North, Range 13 East ofthe Third Principal Meridian; thence west along the south line said Lot 17 in Block 9 ofthe subdivision of Blocks 8 and 9 of S. J. Glover's Addition to Chicago to the east line of an alley west of South Hamlin Avenue; thence north along the east line of the alley west of South Hamlin Avenue to the easterly extension of the south line of Lot 6 in the resubdivision of the west part of Block 9 Ijdng south of Lot 21 in the subdivision of said Block 9 in S. J. Glover's Addition; thence west along the south line of said Lot 6 in the resubdivision of the west part of Block 9 lying south of Lot 21 in the subdivision of said Block 9 in S. J. Glover's Addition and its westerly extension to the east side of South Harding Avenue; thence north along the east side of South Harding Avenue to the easterly extension of the south line of Lot 14 in the subdivision of Block 12 of S. J. Glover's Addition to Chicago; thence west along said easterly extension and the south line of Lot 14 in said subdivision of Block 12, said south line of Lot 14 being also the north line ofan alley north of West 26* Street; thence west along said north line of the alley north of West 26* Street to the east line of South Kostner Avenue; thence north along the east line of South Kostner Avenue to the southwest line ofthe C. B. 86 Q. Railroad; thence southwesterly along the south line ofthe C. B. 86 Q Railroad to the east line ofthe Belt Railroad; thence south along the east line of the Belt Railroad to the northwest comer of S. C. Storer's Subdivision of the south 7 acres of the northeast quarter of the southwest quarter ofSection 27, Township 39 North, Range 13 East ofthe Third Principal Meridian; thence east along the north line of said S. C. Storer's Subdivision and its easterly extension to the east line of South Kostner Avenue; thence north along the east line of South Kostner Avenue to the northwest comer of Lot 11 in W. L. Dewolf s Subdivision of the west half (except the east 33 feet thereof) of Block 2 of Reid's Subdivision of the west half of the southeast corridor of Section 27, Township 39 North, Range 13 East ofthe Third Principal Meridian; thence east along the north line of said Lot 11 in W. L. Dewolfs Subdivision, said north line of Lot 11 being also the south line of an alley south of West 26* Street, to the northeast comer of Lot 42 of W. L. Dewolfs Subdivision ofthe east half and the east 33 feet ofthe west half of Block 2 of Reid's Subdivision; thence south along the east line of said Lot 42 to the westerly extension ofthe north line of Lot 83 in Hubbard's Subdivision of Block 1 of Reid's Subdivision; thence east 15254 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 along sedd westerly extension and the north line of Lot 83 in Hubbard's Subdivision, said north line being also the south line of the alley south of West 26* Street, to the east line of South Pulaski Road; thence north along the east line of South Pulaski Road to the southwest comer of Lot 44 in the subdivision of Block 4 of Goodwin, Balestier 85 Phillip's Subdivision of the west half of the southwest quarter ofSection 26, Township 39 North, Range 13 East ofthe Third Principal Meridian; thence east along the south line of said Lot 44 to the east line of an alley east of South Pulaski Road; thence east along the north line of Lot 6 of said subdivision of Block 4 of Goodwin, Balestier 86 Phillip's Subdivision and its easterly extension to the east line of South Harding Avenue; thence north along the east line of South Harding Avenue to the south line of Annie Phillip's Subdivision of Block 2 in Goodwin, Balestier 86 Phillip's Subdivision; thence east along said south line of Annie Phillip's Subdivision of Block 2 in Goodwin, Balestier 86 Phillip's Subdivision, and along the south line of Zeman's Resubdivision of Lot 1—4 and 8 foot private alley in Zeman's Resubdivision of Lot 1 — 4 of S. J. Glover of Block 3, also Lot 5 in S. J. Glover's Subdivision in Block 3 to the east line of South Springfield Avenue; thence north along said east line of South Springfield Avenue to the northwest comer of Lot 45 in said Annie Phillip's Subdivision of Block 2 in Goodwin, Balestier 86 Phillip's Subdivision; thence east along the north line of said Lot 45, said north line being also the south line ofan alley south of West 26* Street to the east side of South Hamlin Avenue; thence north along the east side of South Hamlin Avenue to the northwest comer of Lot 46 in Block 2 of the subdivision of Block 6 in Steele's and Other's Subdivision of the southeast quarter and the east half of the southwest quarter ofSection 26, Township 39 North, Range 13 East ofthe Third Principal Meridian; thence east along the north line of said Lot 46 in Block 2 of the subdivision of Block 6 in Steele's and Other's Subdivision and the north line of Lot 5 in Block 2 of said subdivision of Block 6 in Steele's and Other's Subdivision, to the east line of South Ridgeway Avenue; thence north along the east line of South Ridge way Avenue to the northwest comer of Lot 48 in Block 1 of said subdivision of Block 6 in Steele's and Other's Subdivision; thence east along the north line of said Lot 48 and its easterly extension to the east line of an alley east of South Ridgeway Avenue; thence south along the east line of the alley east of South Ridgeway Avenue to the north line of Lot 4 in Block 1 of said subdivision of Block 6 in Steele's and Other's Subdivision; thence east along said north line of Lot 4 and its easterly extension to the east line of South Lawndale Avenue; thence south along the east line of South Lawndale Avenue to the southwest comer of Lot 47 in Bonney 86 Noonan's Subdivision of the west half of Block 5 of Steele &, Other's Subdivision; thence east along the south line of said Lot 47 and its easterly extension to the east line of the alley 12/17/2003 REPORTS OF COMMITTEES 15255 west of South Millard Avenue; thence north along the east line of the alley west of South Millard Avenue to the southwest corner of Lot 3 in said Bonney 86 Noonan's Subdivision; thence east along the south line of said Lot 3 and its easterly extension to the east line of South Millard Avenue; thence south along the east line of South Millard Avenue to the south line of the resubdivision of Lots 47 — 50 in the subdivision of the east half of Block 5 of the subdivision of the southeast quarter and the east halfofthe southwest quarter ofSection 26, Township 39 North, Range 13 East ofthe Third Principal Meridian; thence east along said south line of the resubdivision of Lots 47 — 50 in the subdivision of the east half of Block 5 and along the south line of McDonald's Resubdivision of Lots 1, 2, 3 and 4 in the subdivision of the east half of Block 5 in said Steele's and Other's Subdivision to the east line of South Central Park Avenue; thence south along the east line of South Central Park Avenue to the south line of an alley south of West 26* Street, said south line being also the north line of Lot 21 in E. A. Cummings and Co.'s Resubdivision of Lots 1 — 100 and vacated alleys and the subdivision of Block 4 in Steele's Subdivision of the southeast quarter and the east half of the southwest quarter of Section 26, Township 39 North, Range 13 East ofthe Third Principal Meridian; thence east along said south line ofthe alley south of West 26* Street and its easterly extension to the east line of South St. Louis Avenue; thence north along the east line of South St. Louis Avenue to the northwest corner of Lot 47 in Block 2 of Steele's and Other's Subdivision of Block 3 in said Steele's Subdivision; thence east along the north line of said Lot 47 and its easterly extension to the east line of an alley east of South St. Louis Avenue; thence north along the east line of the alley east of South St. Louis Avenue to the northwest comer of Lot 3 in Block 2 of said Steele's and Other's Subdivision of Block 3; thence east along the north line of said Lot 3 and its easterly extension to the east line of South Trumbull Avenue; thence south along the east line of South Trumbull Avenue to the northwest corner of Lot 45 in Block 1 of said Steele's and Other's Subdivision of Block 3; thence east along the north line of said Lot 45 and its easterly extension to the east line of an alley east of South Trumbull Avenue; thence north along the east line of the alley east of South Trumbull Avenue to the northwest comer of Lot 5 in Block 1 of said Steele's and Other's Subdivision of Block 3; thence east along the north line of said Lot 5 and its easterly extension to the east line of South Homan Avenue; thence south along the east line of South Homan Avenue to the northwest comer of Lot 12 in Block 2 of Feinberg's 26* Street Subdivision in the southeast quarter of Section 26, Township 39 North, Range 13 East ofthe Third Principal Meridian; thence east along the north line of said Lot 12, said north line being also the south line of an alley south of West 26* Street, to the east line of South Sawyer Avenue; thence north along the east line 15256 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 of South Sawyer Avenue to the northwest comer of Lot 6 in Pinkert 86 Wittke's Resubdivision of Lots 24 — 46, both inclusive, of Waugh's Subdivision ofthe east half of Block 1 in Steele's and Other's Subdivision of the southeast quarter and the east half of the southeast quarter of Section 26, Township 39 North, Range 13 East ofthe Third Principal Meridian; thence east along the north line of Lot 6 and its easterly extension to the east line of an alley east of South Sawyer Avenue; thence north along the east line of the alley east of South Sawyer Avenue to the northwest comer of Lot 5 in Waugh's Subdivision of the east half of Block 1 in Steele's and Other's Subdivision; thence east along the north line of said Lot 5 in Waugh's Subdivision and its easterly extension to the east line of South Kedzie Avenue; thence north along the east line of South Kedzie Avenue to the northwest comer of Lot 47 in Block 7 of Joseph Matteson's Subdivision of Block 7 of Superior Court Commissioner's Partition of the west half of the southwest quarter of Section 25, Township 39 North, Range 13 East ofthe Third Principal Meridian; thence east along the north line of said Lot 47 of Joseph Matteson's Subdivision of Block 7 and its easterly extension to the east line of an alley east of South Kedzie Avenue; thence north along the east line of the alley east of South Kedzie Avenue to the northwest comer of Lot 3 in Block 7 of said Joseph Matteson's Subdivision; thence east along the north line of said lot 3 and its easterly extension to the east line of South Troy Street; thence south along the east line of South Troy Street to the south line of an alley south of West 26* Street, said south line being also the north line of Lot 6 in A. J. Tullock's Second Subdivision ofthe west 174.85 feet of Block 6 in said Superior Court Commissioner's Partition; thence east along the north line of said Lot 6 and its easterly extension to the west line of said Superior Court Commissioner's Partition, said west line being also the east line ofan alley east of South Troy Street; thence south along the east side ofthe alley east of South Troy Street to the south line of said Superior Court Commissioner's Partition, said south line being also the centerline of West 2 7 * Street; thence east along said south line and centerline of West 27* Street to the northwest line of the I.N. Ry.; thence northeasterly along the northwest line of the I.N. Ry. to the east line of South Sacramento Avenue; thence north to the south line of West 26* Street; thence east along the south line of West 26* Street to the west line of South Califomia Avenue; thence north along the west side of South Califomia Avenue to the point of beginning, all in the City of Chicago, Cook County, Illinois. 12/17/2003 REPORTS OF COMMITTEES Exhibit 2. (To Ordinance) Project Area Boundary Map. COnKM.PMW 15257 15258 12/17/2003 JOURNAL-CITY COUNCIL-CHICAGO Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 1 of 6) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 .25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 PIN 121 121 122 122 123 123 123 123 123 123 123 123 123 124 124 124 124 124 124 124 127 127 127 127 127 127 127 127 128 128 128 128 128 128 021 050 028 046 037 038 039 040 041 042 043 044 045 037 038 039 040 041 042 043 025 026 028 029 030 031 032 033 020 021 022 023 024 025 OOOO OOOO OOOO OOOO OOOO OOOO OOOO oooo OOOO oooo OOOO oooo OOOO oooo OOOO oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 15 16 16 16 16 16 16 16 16 16 16 16 16 16 16 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 PJN 128 128 128 128 128 128 128 128 128 128 128 128 128 128 300 300 300 300 300 300 300 300 300 300 300 300 300 300 300 300 300 300 301 301 026 027 028 029 030 031 032 033 034 035 036 038 039 040 001 002 003 007 008 009 010 OOOO OOOO OOOO OOOO OOOO OOOO OOOO OOOO OOOO OOOO OOOO OOOO OOOO OOOO OOOO oooo OOOO oooo OOOO oooo OOOO on oooo 012 013 014 015 016 017 018 019 020 044 OOI 002 oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo 12/17/2003 REPORTS OF COMMITTEES 15259 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 2 of 6) 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 16 25 16 25 16 • 25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 25 16 26 16 26 16 26 16 26 16 26 16 26 16 26 16 26 16 26 16 26 16 26 16 26 16 26 16 26 16 26 16 26 16 26 16 26 16 26 16 26 16 26 16 26 PIN 301 301 301 301 301 302 302 302 302 302 302 302 118 118 118 118 119 119 119 119 119 119 120 120 120 120 120 120 120 120 121 121 121 121 034 035 036 037 038 003 028 029 030 031 032 033 027 032 033 034 034 035 036 037 038 039 030 031 032 033 034 035 037 038 016 017 018 036 OOOO OOOO OOOO OOOO OOOO OOOO OOOO OOOO OOOO OOOO OOOO oooo OOOO oooo OOOO oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo 103 104 105 106 107 108 109 no III 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 PIN 122 122 122 122 123 123 124 124 224 125 125 125 125 125 125 224 224 224 225 225 225 225 226 226 226 226 226 226 226 226 227 227 228 228 041 OOOO 042 OOOO 043 OOOO 044 OOOO 019 OOOO 037 oooo 017 oooo 034 oooo 041 oooo 017 .0000 018 oooo 020 oooo 021 oooo 022 oooo 023 oooo 019 oooo 042 oooo 043 oooo 017 oooo 018 oooo 036 oooo 037 oooo 032 oooo 033 oooo 034 oooo 035 oooo 036 oooo 037 oooo 038 oooo 039 oooo 033 oooo 042 oooo 043 oooo 046 oooo 1 JOURNAL-CITY COUNCIL-CHICAGO 15260 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 3 of 6) 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 PIN 228 229 229 230 230 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 231 300 300 300 300 300 300 301 301 301 301 047 021 044 022 044 022 023 024 025 026 027 028 029 030 031 032 033 034 035 036 037 038 039 040 OOI 002 022 023 024 025 001 002 003 004 OOOO OOOO OOOO OOOO OOOO OOOO OOOO OOOO OOOO oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 PIN 301 301 301 301 302 302 302 302 302 302 302 302 302 303 303 303 303 303 303 303 303 303 304 304 304 304 304 304 305 305 305 305 305 306 023 024 046 047 001 002 003 004 005 022 023 024 025 001 002 003 004 005 006 007 008 009 019 020 021 022 041 042 022 023 024 047 048 018 OOOO OOOO OOOO OOOO OOOO OOOO OOOO oooo OOOO oooo OOOO oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo 12/17/2003 15261 REPORTS O F COMMITTEES Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 4 of 6) 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 PIN 306 306 307 307 307 307 307 307 307 307 400 400 400 400 400 400 401 401 401 401 401 401 401 401 401 402 402 403 403 404 404 404 404 404 034 035 001 002 003 024 025 026 027 028 001 002 003 004 005 006 OOI 002 003 004 005 006 007 008 009 OOI 021 OOI 020 001 002 003 004 005 OOOO OOOO OOOO OOOO OOOO oooo OOOO oooo OOOO oooo OOOO oooo OOOO oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 26 27 27 27 27 27 27 27 27 27 27 PIN 404 404 405 405 405 405 405 405 406 406 406 406 406 406 406 406 406 406 406 407 407 407 407 407 104 104 104 104 104 104 231 231 231 231 006 007 065 066 067 068 069 070 OOI 002 003 004 005 006 007 008 009 OIO OOOO OOOO OOOO OOOO OOOO OOOO OOOO OOOO OOOO OOOO OOOO OOOO OOOO OOOO oooo OOOO oooo OOOO on oooo OOI 002 003 004 046 Oil 012 013 014 016 017 014 015 016 017 OOOO oooo OOOO oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo JOURNAL-CITY COUNCIL-CHICAGO 15262 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 5 of 6) 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 30( 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 PIN 231 231 231 231 231 231 231 231 231 232 232 232 232 232 232 232 232 232 232 233 233 233 233 233 233 233 233 233 233 233 233 233 234 234 018 019 020 021 022 023 024 025 026 012 013 014 015 016 017 018 019 020 021 010 on 012 013 014 015 016 017 018 019 020 021 022 013 014 OOOO OOOO OOOO OOOO OOOO OOOO oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 27 27 27 27 27 27 27 27 27 '27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 PIN 234 234 234 234 234 234 234 234 235 235 235 235 235 235 235 235 235 235 236 236 236 236 236 236 236 236 301 301 301 301 301 301 301 301 015 OOOO 016 OOOO 017 OOOO 018 OOOO 019 OOOO 020 OOOO 021 oooo 022 OOOO 014 oooo 015 OOOO 016 oooo 017 oooo 018 oooo 019 oooo 020 oooo 021 oooo 022 oooo 023 oooo 014 oooo 015 oooo 016 oooo 017 oooo 018 oooo 019 oooo 020 oooo 021 oooo 002 oooo 025 oooo 027 oooo 028 oooo 029 oooo 030 oooo 031 oooo 033 oooo 12/17/2003 12/17/2003 15263 REPORTS OF COMMITTEES Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 6 of 6) 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 PIN 301 400 400 400 400 400 400 400 400 400 401 401 401 401 401 401 401 401 402 402 402 402 402 402 402 403 403 403 403 403 403 403 403 034 001 002 003 004 005 006 007 008 009 001 002 003 004 005 006 007 008 001 002 003 004 005 006 007 OOI 002 003 004 005 006 007 008 OOOO OOOO OOOO OOOO OOOO OOOO oooo OOOO oooo OOOO oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 PIN 404 404 404 404 404 404 404 404 404 405 405 405 405 405 405 405 405 405 406 406 406 406 406 406 406 406 406 407 407 407 407 407 001 002 003 004 005 006 007 008 009 OOI 002 003 004 005 006 007 008 009 001 002 003 004 005 006 007 008 009 001 002 003 004 040 OOOO OOOO OOOO OOOO oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo oooo 15264 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Exhibit 4. (To Ordinance) Agreement For Special Service Area Number 2 5 Between The City Of Chicago (Represented By The Special Service Area Commission) And Little Village - 26'^ Street Area Chamber Of Commerce Effective January 1, 2004 Through December 31, 2005. This Agreement for the management of Special Service Area Number 25 is entered into by and between the Little Village - 26"' Street Area Chamber of Commerce, an Illinois not-for-profit corporation ("Contractor"), and, the City ofChicago ("City"), a municipal corporation and home rule unit oflocal govemment existing under the Constitution ofthe State oflllinois, acting through the Special Service Area Commission at Chicago, Illinois. RECITALS WHEREAS, special service areas may be established pursuant to Article Vll, §§6(1) and 7(6) ofthe Constitution ofthe State oflllinois, and pursuant to the provisions ofthe Special Service Area Tax Law, 35 ILCS 200/27-5 et seq.: and WHEREAS, the City Council of the City of Chicago ("City Council") has established a special service area known and designated as "Special Service AreaNumber 25" ("Area"), to provide special services in addition to those services provided generally by the City ("Special Services"). The City Council has further authorized the levy ofan annual ad valorem real property tax in the Area sufficient to produce revenues required to provide those Special Services but not to exceed 0.45% ofthe equalized assessed value ofall property within the Area ("Service Tax"), all as provided in the Establishment Ordinance (hereinafter defined); and WHEREAS, the City Council, on , 2003, authorized the levy ofthe Ser\'ice Tax and appropriation ofthe funds therefrom for the Area for fiscal year 2004 for the provision of the Special Services in the Area, and the City wishes to provide that thc Contractor, beginning on January 1, 2004, and continuing until December 31, 2004, may use those funds to provide the Services, subject to the terms and conditions ofthis Agreement; and WHEREAS, the Contractor and the City desire to enter into this Agreement to provide such Special Services in the Area and the. Contractor is ready, willing and able to enter into this Agreement to provide the Special Services to the full satisfaction ofthe City; NOW, THEREFORE, in consideration ofthe mutual promises contained in this Agreement, the City and the Contractor agree as follows: 12/17/2003 REPORTS OF COMMITTEES 15265 ARTICLE 1 INCORPORATION OF RECITALS ] The recitals set forth above are incorporated by reference as if fully set forth herein. ARTICLE 2 DEFINITIONS The following words and phrases shall have the following meanings for purposes of this Agreement: "Agreeinent" means this Special Service Area Agreement, including all exhibits attached to it and incorporated in it by reference, and all amendments, modifications or revisions made in accordance with its terms. "Commissioner" means the Commissioner ofthe Department ofPIanning and Development or a duly authorized representative of the Commissioner of the Department of Planning and Development. "Construction" means landscaping, building activities, including but not limited to, physical building improvements, installations, and other fixed works, but does not include pre-development work (design and preparation of specifications). "Days" means business days in accordance with the City ofChicago business calendar. "Department" means the City ofChicago Department of Planning and Development. "Establishment Ordinance" means, the ordinance enacted by City Council on , 2003, and any subsequent amendments thereto authorizing imposition ofthe Service Tax and setting forth the Special Services to be provided in the Area. "Risk Management Division" means the Risk Management Division ofthe Department of Finance which is under the direction ofthe Comptroller ofthe City and is charged with reviewing and analyzing insurance and related liability matters for the City. "Security Firm" means a business entity certified by the State of Illinois pursuant to the Private Detective, Private Alarm and Private Security Act of 1993, 225 ILCS 446/1 et seq.. and whose employees are licensed by the State oflllinois. "Services" means, collectively, the services, duties and responsibilities described in Article 3 and Exhibit 1 (Scope of Services) ofthis Agreement and any revisions thereof and any and all work necessary to complete thern or carry them out fully and to the standard of performance required in this Agreement. "Ser\'icc Tax Funds" meems the amount actually collected pursuant to the Service Tax. 15266 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 "Special Service Area Commission ('SSAC')" means the body established pursuant to the Establishment Ordinance to prepare the Budget, identify a Contractor and supervise the provision of the Special Services in the Area. "Subcontractor" means any person or entity with whom Contractor contracts to provide any part ofthe Services, including subcontractors ofany tier, subconsultants ofany tier, suppliers and materialmen, whether or not in privity with the Contractor. "Surplus Funds" means those Service Tax Funds already collected and disbursed to the Contractor in prior years for the provision of Special Services in the Area which remain unspent, including any interesl eamed thereon. ARTICLE 3 DUTIES AND RESPONSIBILITIES OF CONTRACTOR 3.01 Scope of Ser\'ices The Services that the Contractor shall provide from January 1, 2004 through December 31, 2004 of this Agreement include, but are not limited to, those described in this Article 3 and in Exhibit 1 which is attached hereto and incorporated by reference as if fully set forth here. The SSAC reserves the right to require the Contractor to perform revised services that are vvithin the general scope of services of this Agreement and of the Special Services identified in the Establishment Ordinance subject to the same terms and conditions herein. Revised services are limited to changes or revisions to the line items in the Budget, do not affect the maximum compensation, and require the prior written approval ofthe SSAC. The SSAC may by written notice to the Department and the Contractor delete or amend the figures contained and described in the Budget attached hereto as Exhibit 2 and incorporated by reference as if fully set forth herein. The Contractor shall provide the Services in accordance with the standards of performance set forth in Section 3.02. Prior to the second year ofthis Agreement, and no later than the deadline established by the Department, the SSAC, in consultation with the Contractor, must prepare and submit to the Department a proposed Budget and Scope of Services for that year, comprised of services authorized in the Establishment Ordinance, for the approval ofthe Commissioner. Ifthe parties agree on the Scope of Services and the Budget for that year, this Agreement will be amended to include such budget and scope of services. Ifthe parties do not agree and an amendment is not executed, this Agreement will terminate at the end ofthe first year ofthis Agreement. 3.02 Standard of Performance The Contractor shall perform all Services required of it with that degree of skill, care and diligence normally shown by a contractor performing services ofa scope, purpose and magnitude comparable with the nature of the Services to be provided hereunder. The Contractor shall at all times use every rea.sonable effort on behalf of the City lo assure timely and satisfactory rendering and completion ofits Services. 12/17/2003 REPORTS OF COMMITTEES 15267 The Contracior shall al all times act in the best interests ofthe Cily consistent with the professional obligations assumed by it in entering into this Agreement. The Contracior shall perform all Services in accordance with the terms and conditions of this Agreement and to the full satisfaction of the SSAC. The Contractor shall fumish efficient business administration and supervision to render and complete the Services al reasonable cost. The Contracior shall assure that all Services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. The Contractor remains responsible for the professional and technical accuracy of all Services provided, whether by the Contractor or its Subcontractors or others on ils behalf Ifthe SSAC determines that the Contractor has failed to comply with the foregoing standards, the Contractor shall perform again, al its own expense, all Services required to be reperformed as a direct or indirect result of such failure. Any review, approval, acceptance or payment for any or all ofthe Services by the Cily does not relieve the Contractor ofits responsibility for the professional and technical accuracy of its Services. This provision in no way limits the City's rights against Contracior, either under this Agreement, at law or in equity. 3.03 Personnel A. Key Personnel The Contractor shall, immediately upon receiving a fully executed copy ofthis Agreement, assign and maintain during lhe term ofthis Agreement and any extension thereof an adequate staff of competent personnel, who are fully equipped, licensed as appropriate, available as needed, qualified and assigned to perform the Services. Contractor shall pay the salaries and wages due all its employees perfonning Services under this Agreement unconditionally and at least once a month without deduction or rebate on any account, except only for such payroll deductions as are mandatory by law or are permitted under applicable law and regulations. B. Prevailing Wages If the Contracior engages in Construction, il shall comply, and shall cause all of ils Subcontractors lo comply by inserting appropriate provisions in their contracts, with 820 ILCS 130/0.01 et seq. regarding thc payment ofthe general prevailing rate of hourly wage for all laborers, workers, and mechanics employed by or on behalf of the Contractor and all Subcontractors in connection with any and all Constmction work. The prevailing rates of wages applicable at the lime of execution ofthis Agreement are included in Exhibit 6 to this Agreement, which is incorporated by reference as though fully set forth herein. C. Illinois Workers, Veterans' Preference and Sleel Products 15268 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 If the Contractor engages in Construction, it shall comply, and shall cause all of its Subcontractors to comply by inserting appropriate provisions in their contracts, with the Employment oflllinois Workers on Public Works Act, 30 ILCS 570/0.01 etseq., the Veterans Preference Act, 330 ILCS 55/0.01 el seq., and the Steel Products Procurement Act, 35 ILCS 30/565/1 et seq. ' - 3.04 Nondiscrimination A. Federal Requirements It shall be an unlawful employment practice for the Contracior (1) to fail or refuse to hire or to discharge any individual, or otherwise lo discriminate against any individual with respect to his compensation or the terms, conditions, or privileges of his employment because of such individual's race, color, religion, sex, age, handicap or national origin; or (2) to limit, segregate, or classify its 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 ofsuch individual's race, color, religion, sex, age, handicap or national origin. The Contractor shall comply with the Civil Rights Act of 1964,42 U.S.C. § 2000 et seq., as amended. 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. 14,303 (1967) and by Exec. Order No. 12,086, 43 Fed. Reg. 46,501 (1978); Age Discrimination Act, 42 U.S.C. §§6101-06; Rehabilitation Actof 1973,29 U.S.C. §§793-94; Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.. and 41 C.F.R. Part 60 et seq. ^ B. State Requirements Contractor shall comply with the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq.. the Equal Employment Opportunity Clause, 111. Admin. Code til. 5, §750 Appendix A and the Public Works Employment Discrimination Act, 775 ILCS 10/0.01 et seq. as amended. C. Citv Requirements Contractor shall comply with the Chicago Human Rights Ordinance, § 2-160-010 et seq.. as amended, ofthe Municipal Code ofChicago. 3.05 Insurance The Contracior shall comply with the insurance provisions attached hereto as Exhibit 4 and incorporated by reference as if fully set forth herein, or such other insurance provisions as may be required in the reasonable judgement ofthe Risk Management Division. Ifthe Contractor enters into 12/17/2003 REPORTS OF COMMITTEES 15269 a subcontract with a Security Firm such Security Firm shall comply with the insurance provisions attached hereto as Exhibit 5 and incorporated by reference as if fully set forth herein, or such other insurance provisions as may be required in the reasonable judgement of the Risk Management Division. If the Contractor subcontracts with a Subcontractor other than a Security Firm, such Subcontractor shall comply with the Contractor insurance provisions attached hereto as Exhibit 4. The Risk Management Division may waive or reduce any ofthe insurance requirements set forth herein. In addition, the Risk Management Division will review each new Scope of Sen'ices which the SSAC, in consultation with the Contractor, prepares annually during the term of this Agreement pursuant lo Section 3.01 and may, if wishes, revise the insurance required herein. 3.06 Indemnification A. On written notice from the Cily of Losses the City believes are Losses Arising under this Agreement as defined in this Section 3.06, the Contractor shall defend, indemnify, and hold completely harmless the City Indemnitees from and against such Losses, regardless of whether Contractor challenges the City's belief The defense, indemnification and hold harmless obligations ofthe Contractor toward City Indemnitees remain an affirmative obligation of Contractor following the City's notice of Losses the City believes are Losses Arising under this Agreement, unless and until a court of competent jurisdiction finally detennines otherwise and all opportunities for appeal have been exhausted or have lapsed. B. For purposes of this Section 3.06, "City Indemnitees" means, individually and collectively, the City ofChicago, its officials, agents, employees and SSAC members. "Losses" means, individually and collectively, all kinds of liabilities, losses, suits, claims, damages, judgments, fines, and demands, including all reasonable costs for investigation, reasonable attomeys' fees, court costs, and experts' fees, arising by reason of injury or death of any person, damage lo property, patent or copyright infringement. "Arising under this Agreement" means (i) arising out of awarding this Agreement, (ii) arising out ofthe enforcement ofthis Agreement, including the enforcement ofthis indemnification provision; (iii) arising oul of or in connection with Contractor's performance or non-performance of this Agreement (including the acts or omission of Contractor, its officers, agents, employees, consultants, subconsultants, licensees, or invitees), any breach by any of them ofany warranty made under this Agreement, or any failure by any of them lo meet any applicable standard of perfomiance under this Agreement; or (iv) any combination ofany ofthe foregoing. C. To the extent permissible by law. Contractor waives any limits on Contractor's liability that it would otherwise have by virtue ofthe Worker's Compensation Act or any other related law or judicial decision (such as Kotecki v. Cyclops Welding Corporation. 146 111. 2d 155 15270 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (1991)). The City, however, does not waive any limitations it may have on its liability under the Worker's Compensation Act or under the Illinois Pension Code. D. The Cily has the right, at its option and at its own expense, to participate in the defense of any suit without relieving Contracior of any of ils obligations under this indemnity provision. The requirements set forth in this indemnity provision are separate from and not limited by the amount of insurance Contractor is required to obtain under this Agreement or by ils bonds pursuant to other provisions in this Agreement. Further, the indemnitees contained in this provision survive the expiration or termination ofthis Agreement. 3.07 Records and Audits The Contractor shall deliver or cause to be delivered all documents, data, studies, reports, findings or information to the SSAC promptly in accordance with the time limits prescribed herein and if no time limit is specified, then upon reasonable demand therefore, or upon tennination or completion ofthe Services hereunder. The Contracior and any Subcontractors shall fumish the SSAC with semi-annual reports or provide such information as may be requested relative to the performance and cost ofthe Services. The Contractor shall maintain records showing actual time devoted and costs incurred. The Contractor shall keep books, documents, paper, records and accounts in connection with the Services open lo inspection, copying, abstracting, transcription, and an independent audit by Cily employees or agents or third parties, and shall make these records available to the Cily and any other interested govemmental agency at reasonable times during the performance of its Services. In addition. Contractor shall retain them in a safe place and make them available for an independent audit, inspection, copying and abstracting for at least five years after the final payment made in connection with this Agreement. THE CONTRACTOR SHALL NOT COMMINGLE SERVICE TAX FUNDS WITH FUNDS FROM OTHER SOURCES, and to the extent that the Contractor conducts any business operations separate and apart from the Services hereunder using, for example, personnel, equipment, supplies or facilities also used in connection with this Agreement, then the Contractor shall maintain and make similarly available to the City detailed records supporting the Contractor's allocation to this Agreement ofthe costs and expenses attributable to any such shared usages. The Contractor shall provide an annual audited financial statement to the Departmenl and the SSAC within 120 calendar days after the end ofthe calendar year and the system of accounting shall be in accordance with generally accepted accounting principles and practices, consistently applied throughout. No provision in this Agreement granting the Cily a right of access to records and documents is intended to impair, limit or affect any right of access lo such records and documents that the City would have had in the absence ofsuch provisions. Thc Cily may in ils sole discretion audit the records of Contractor or its Subcontractors, or 12/17/2003 REPORTS OF COMMITTEES 15271 both, at any time during the term ofthis Agreement or within five years after the Agreement ends, in connection with the goods, work, or services provided under this Agreement. Each calendar year or partial calendar year is considered an "audited period." If as a result of such an audit, it is detemiined that Contractor or any of its Subcontractors has overcharged the City in the audited period, the City will notify Contractor. Contractor musl then promptly reimburse the City for any amounts the City has paid Contractor due to the overcharges and also some or all ofthe cost ofthe audit, as follows: A. Ifthe audit has revealed overcharges to the City representing less than 5% of the total value, based on the Agreement prices, ofthe goods, work, or services provided in the audited period, then the Contractor must reimburse the City for 50% ofthe cost of the audit and 50% ofthe cost ofeach subsequent audit that the City conducts; B. If, however, the audit has revealed overcharges to the City representing 5% or more ofthe total value, based on the Agreement prices, ofthe goods, work, or services provided in the audited period, then Contractor must reimburse the City for the ftill cost of the audit and of each subsequent audit. Failure of Contractor to promptly reimburse the Cily in accordance with Section A or B above is an event of default under Section 7.01 ofthis Agreement, and Contractor will be liable for all of the City's costs of collection, including any court costs and attomeys' fees. 3.08 Subcontracts and Assignments The Contractor shall not assign, delegate, subcontract or otherwise transfer all or any part of its rights or obligations under this Agreement or any part hereof, unless otherwise provided for herein or without the express written consent ofthe SSAC. The absence ofsuch provision or written consent shall void the attempted assignment, delegation or transfer and shall be of no effect as to the Services or this Agreement. All subcontracts, all approvals of Subcontractors and any assignment to which the SSAC consents are, regardless of their form, deemed conditioned upon performance by the Subcontractor or assignee in accordance with the terms and conditions of this Agreement. Ifthe Contractor subcontracts for security services, the Subcontractor shall be a Security Firm certified by the Stale oflllinois and the Security Firm's employees shall be licensed by the State of Illinois. The Contracior, upon entering into any subcontract with a Security Firm, shall fumish the SSAC and the Department with a copy ofthe subcontract for their approval. The City expressly reserves the right to approve all Security Firm subcontracts. 3.09 License, Permits and Safety Considerations A. Licenses and Permits 15272 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 If the Contractor engages in Constmction, it is responsible for and, in a timely manner consistent with its obligations hereunder, shall secure and maintain at its expense such permits, licenses, authorizations and approvals as are necessary for it to engage Constmction under this Agreement. B. Safety Considerations Ifthe Contractor engages in Constmction, it shall at all times exercise reasonable care, shall comply with all applicable provisions of federal, state and local laws lo prevent accidents or injuries, and shall take all appropriate precautions to avoid damage to and loss of City property and the property of third parties in cormection with the Constmction. The Contractor shall erect and properly maintain at all times all necessary safeguards, barriers, flags and lights for the protection ofits and its Subcontractors' employees. City employees, and the public. Ifthe Contractor engages in Constmction, it shall report to the Department any damage on, about, under or adjacent to City property or the property of third persons resulting from its performance under this Agreement. The Contractor is responsible for any damage to City property and the property of third parties due, in whole or in part, lo the Contractor's Constmction activities under this Agreement, and the Contractor shall repair such damage to a reasonably acceptable standard. 3.10 Performance Bond Ifthe Contractor engages in Constmction work where expenditures exceed $ 100,000, it shall, not later than the date the Contractor begins such work or executes a subcontract for such work, provide or cause lo be provided to the Department a performance and paymeni bond in the amount allocated for the Constmction work (but not including the amount allocated for design and preparation of specifications), by a surety or sureties acceplable to the Cily. The performance bond shall be in the form and to the effect of Exhibit 7 hereto, which is incorporated by reference as if fully set forth here. If any of the sureties on such bond at any time fail financially, or are deemed to be insufficient security for the penalty ofthe bond, then the City may, on giving 10 days notice thereof in writing, require the Contractor to fumish a new and additional bond with sureties satisfaclor)' to the City, and, if so required. Contractor must promptly provide such bond. ARTICLE 4 TERM OF SERVICES This Agreement shall take effect as of January 1,2004 ("Effective Date") and shall continue through December 31, 2005, or until the Agreement is terminated earlier in accordance with ils terms. 12/17/2003 REPORTS OF COMMITTEES 15273 ARTICLES COMPENSATION 5.01 Basis of Payment The maximum compensation that the Contractor may be paid under this Agreement between January 1,2004 and December 31,2004 is the sum of (a) $ 170,000.00 or the total amount of Service Tax Funds actually collected for tax year 2003, whichever is less. . For the second year ofthis Agreement, the maximum compensation that the Contractor may be paid under this Agreement is the amount set forth in the Budget for that year, pursuant to Section 5.02 and 8.03, or the amount of Service Tax funds actually collected for the preceding tax year, whichever is less; provided that the maximum amount of compensation for such year of this Agreement may also include the amount of Service Tax Funds collected for prior tax years which remain previously unspent. The City Comptroller will transfer the Service Tax Funds to the Contractor as received. The Contractor shall reimburse its Subcontractors for Services satisfactorily performed pursuant to the Budget. 5.02 Budget for Services The Contractor in conjunction with the SSAC has prepared a Budget through December 31, 2004, attached hereto as Exhibit 2 and incorporated by reference as if ftilly set forth here, covering all services described in the Scope of Services. Subject lo the restriction that the maximum amount that may be spent in calendar year 2004 may not exceed $170,000.00, the SSAC reserves the right to transfer funds between line items or make Budget revisions that do not affect the maximum compensation set forth in Section 5.01. The SSAC shall revise the Budget ifany part ofthe Contractor's Services is terminated. For the second year ofthis Agreement, a Budget for that year shall be incorporated into this Agreement by written amendment pursuant to Section 8.03. 5.03 Method of Payment The Contractor shall establish a separate checking account ("Account") in a bank authorized to do business in the Stale oflllinois that is insured by the Federal Deposit Insurance Corporation. All Service Tax Funds that the Comptroller transfers to the Contracior shall be deposited in the Account and disbursements from the Account shall be pursuant lo this Agreement. THE CONTRACTOR SHALL NOT COMMINGLE SERVICE TAX FUNDS WITH FUNDS FROM OTHER SOURCES. The Contractor shall provide to the SSAC the signature card and sample check from the bank which shows the signalure(s) ofthe Contractor's authorized represenlative(s). The SSAC reserves the right lo audit the account and require the Contractor lo refund any funds that were not spent pursuant to the Budget or that were not approved by the SSAC. The name and address of 15274 JOURNAL-CITY COUNCIL-CHICAGO the bank is and the Account numbers are 12/17/2003 and the wire transfer . All funds remaining in the Account at the expiration or early tennination ofthis Agreement, including any interest eamed, belong to the Cily forthe benefit ofthe Area and shall be retumed to the City to be used only for Special Services. 5.04 Criteria for Payment The SSAC, in its sole discretion, shall determine the reasonableness, allocability and allowability ofany rates, costs and expenses charged or incuned by the Contractor. 5.05 Funding Payments under this Agreement shall be made from Service Tax Funds in fund number __^_^___ and are subject to the availability of funds therein. 5.06 Non-Appropriation In the event that no funds or insufficient funds are appropriated and budgeted in any City fiscal period for payments to be made under this Agreement, then the City will notify the Contractor of such occunence and this Agreement shall terminate on the earlier of the last day of the fiscal period for which sufficient appropriation was made or whenever the funds appropriated for payment under this Agreement are exhausted. No payments shall be made or due to the Contracior under this Agreement beyond those amounts appropriated and budgeted by the City lo fund payments hereunder. ARTICLE 6 SPECIAL CONDITIONS 6,01 Warranties and Representations In connection with the execution ofthis Agreement, the Contractor wanants and represents: A. That il is financially solvent; that it and each ofits employees, agents, and Subcontractors are competent to perform the Services required; that il is legally authorized to execute and perform or cause to be performed this Agreement under the terms and conditions stated herein; and B. That it shall not knowingly use the services ofany ineligible Subcontractor for any purpose in the performance ofthe Services; and C. That il and its Subcontractors are not in default at the time of the execution of this Agreement, or deemed by the Department to have, within five years immediately preceding 12/17/2003 REPORTS OF COMMITTEES 15275 the date ofthis Agreement, been found to be in default on any contract awarded by the City; and D. That it and, to the best of its knowledge, its Subcontractors are not in violation of the provisions of §2-92-320 ofthe Municipal Code ofChicago, 720 ILCS 5/33E-1 etseq. ofthe Criminal Code of 1961, and 65 ILCS 5/11-42.1-1 ofthe Illinois Municipal Code; and E. That it, all Subcontractors and their respective officers, directors, agents, partners, and employees shall cooperate with the Inspector General in any investigation or hearing undertaken pursuant to Chapter 2-56 ofthe Municipal Code ofChicago; that it understands and will abide by all provisions of Chapler 2-56 ofthe Municipal Code ofChicago and all subcontracts shall inform Subcontractors ofsuch provision and require understanding and compliance therewith; and F. That, except only for those representations, statements, or promises expressly contained in this Agreement and any exhibits attached hereto, no representation, statement or promise, oral or written, or ofany kind whatsoever, by the City, ils officials, agents, or employees, has induced the Contracior to enter into this Agreement; and G. That the Contractor understands and agrees that any certification, affidavit or acknowledgment made under oath in connection with this Agreement is made under penalty of perjury and, if false, is also cause for termination for default. 6.02 Economic Disclosure Statement and Affidavit The Contracior has provided the City with an Economic Disclosure Statement (EDS), which is attached hereto as Exhibit 3 and incorporated by reference as if fully set forth herein. Contractor shall apprise the Departmenl promptly of any changes in the information provided in the EDS by completing and submitting a revised EDS. In addition, the Contractor shall provide the City with copies of its latest articles of incorporation, by-laws and resolutions, or partnership or joint venture agreement, as applicable, and evidence of ils authority to do business in the Stale of Illinois, including without limitation, registrations of assumed names or limited partnerships and certifications of good standing with the Office ofthe Secretary of State oflllinois. 6.03 Conflict of Interest Pursuant to Chapter 2-156 ofthe Municipal Code ofChicago, and 65 ILCS 5/3.1-55-10, no member ofthe goveming body ofthe City or other unit of government, no other officer, employee, SSAC member, or agent of the Cily or other unil of govemment who exercises any functions or responsibilities in connection with the Services to which this Agreement or any related subcontract pertain, and no relative ofany SSAC member shall have any personal economic or financial inierest. 15276 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 directly or indirectly, in this Agreement or any such subcontract except to the extent that such benefits are provided equally lo all residents and/or business owners in the Area. Furthermore, no SSAC member, relative of any SSAC member, Cily official, agent or employee shall be a Subcontractor, employee or shareholder of the Contractor or receive anything of value from the Contractor. No member of or delegate to the Congress of the United States or the Illinois General Assembly and no alderman ofthe City or City employee shall be admitted lo any share or part ofthis Agreement or to any financial benefit to arise from it. The Contractor acknowledges that any agreement entered into, negotiated or performed in violation of any of the provisions of Chapter 2-156 shall be voidable by the Cily. The Contractor covenants that it, its officers, directors and employees, and the officers, directors and employees ofeach ofits members if a joint venture, and Subcontractors presently have no financial interest and shall acquire no interest, direct or indirect, in the Services undertaken by the Contractor pursuant to the Agreement that would conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement no person having any such interest shall be employed. The Contracior agrees that ifthe Commissioner in his reasonable judgment determines that any ofthe Contractor's services for others conflict with the Services the Contractor is to provide for the City under this Agreement, the Contracior shall terminate such other services immediately upon request ofthe Cily. 6.04 Non-Ilability of Public Officials No official, employee or agent ofthe City shall be charged personally by the Contractor, or by any assignee or Subcontractor ofthe Contractor, with any liability or expenses of defense or be held personally liable lo them under any term or provision hereof because ofthe City's execution or attempted execution hereof, or because of any breach hereof 6.05 Independent Contractor The Contractor shall perfonn under this Agreement as an independent contractor to the Cily and not as a representative, employee, agent, or partner ofthe Cily. 6.06 Business Relationships with Elected Offlcials Pursuant to Section 2-156-030(b) ofthe Municipal Code ofthe Cily ofChicago, il is illegal for any elected official ofthe City, or any person acting al the direction ofsuch official, to contact, either orally or in writing, any other Cily official or employee with respeci lo 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 vole on any matter involving the person with whom an elected official has a business relationship. Violation ofSection 2-156-030(b) by any elected offlcial with respect lo this Agreement is grounds for 12/17/2003 REPORTS OF COMMITTEES 15277 termination ofthis Agreement. The term business relationship is defined as set forth in Section 2-156-080 ofthe Municipal Code ofChicago. Section 2-156-080 defines a "business relationship" as any contractual or other private business dealing ofan official, or his or her spouse, or ofany entity in which an official or his or her spouse has a financial interesl, with a person or 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 al 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 shares, 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; (iii) 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 from an insurance company. A "contractual or other private business dealing" shall not include any employment relationship ofan official's spouse with an entity when such spouse has no discretion conceming or input relating to the relationship between that entity and the City. 6.07 Chicago "Living Wage" Ordinance (a) Section 2-92-610 ofthe Municipal Code ofChicago provides for a living wage for certain categories of workers employed in the performance of City contracts, specifically non-City employed security guards, parking attendants, day laborers, home and health care workers, cashiers, elevator operators, custodial workers and clerical workers ("Covered Employees"). Accordingly, pursuant to Section 2-92-610 and regulations promulgated under it: (i) IfContractor has 25 or more full-time employees, and (ii) If at any time during the performance ofthis Agreement, Contractor and/or any Subcontractor or any other entity that provides any portion ofthe Services (collectively "Performing Parties") uses 25 or more fiill-lime security guards, orany number of other full-time Covered Employees, then (iii) Contractor must pay its Covered Employees, and musl assure that all other Perfonning Parties pay their Covered Employees, not less than the minimum hourly rate as determined in accordance with this provision (the "Base Wage") for all Services performed under this Agreement. (b) Contractor's obligation to pay, and to assure payment of the Base Wage will begin at any time during the term ofthis Agreement when the conditions set forth in (a)(i) and (a)(ii) above are met, and will continue until the end ofthe term ofthis Agreement. (c) As of July 1,2003, the Base Wage became $9.20, and each July 1 thereafter, the Base Wage will be adjusted, using the most recent federal poverty guidelines for a family of four as published annually by the U.S. Department of Health and Human Services, to constitute the 15278 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 following: the poverty guidelines for a family of four divided by 2000 hours or the current base wage, whichever is higher. At all times during the term ofthis Agreement. Contractor and all other Performing Parties musl pay the Base Wage (as adjusted in accordance with the above). Ifthe payment of prevailing wages is required for Services done under this Agreement, and the prevailing wages for Covered Employees are higher than the Base Wage, then Contractor and all other Performing Parties must pay the prevailing wage rates. (d) Contractor must include provisions in all subcontracts requiring its Subcontractors to pay the Base Wage to Covered Employees. Contracior agrees lo provide the Cily with documentation acceptable to the Chief Procurement Officer demonstrating that all Covered Employees, whether employed by Contractor or by a Subcontractor, have been paid the Base Wage, upon the City's request for such documentation. The Cily may independently audit Contracior and/or Subcontractors to verify compliance with this section. Failure to comply with the requirements ofthis section will be an event of default under this Agreement, and further, failure to comply may result in ineligibility for any award ofa City contract or subcontract for up to 3 years. (e) Not-for-Profit Corporations: IfContractor is a corporation having federal tax-exempt status under Section 501(c)(3) ofthe Intemal Revenue Code and is recognized under Illinois not-for-profit law, then the provisions ofSections (a) through (d) above do not apply. 6.08 Deemed Inclusion Provisions required by law, ordinances, mles, regulations, or executive orders to be inserted in this Agreement are deemed inserted in this Agreement whether or not they appear in this Agreement or, upon application by either party, this Agreement will be amended lo make the insertion; however, in no event will the failure to insert the provisions before or after this Agreement is signed prevent its enforcement. ARTICLE 7 EVENTS OF DEFAULT, REMEDIES, TERMINATION, RIGHT TO OFFSET, SUSPENSION 7.01 Events of Default Deflned The following constitute events of default: A. Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance, made by Contractor lo the Cily. B. Contractor's material failure to perform any ofits obligations under the Agreement including, bul not limited lo, the following: 12/17/2003 REPORTS OF COMMITTEES 15279 (1) failure to commence or ensure timely completion ofthe Services due lo a reason or circumstance within Contractor's reasonable conlrol; (2) failure to perform the Services in a manner satisfactory to the City; (3) failure to promptly re-perform within a reasonable time Services that were rejected as enoneous or unsatisfaclor>'; (4) discontinuance ofthe Services for reasons within the Contractor's reasonable control; (5) failure to comply with a material term ofthis Agreement, including but not limited to the provisions conceming insurance and nondiscrimination; and (6) any other acts specifically and expressly staled in this Agreement as constituting an event of default. C. The Contractor's default under any other agreement il may presently have or may enter into with the Cily during the life ofthis Agreement. The Contractor acknowledges and agrees that in the event of a default under this Agreement the Cily may also declare a default under any such other agreements. 7.02 Remedies The occurrence ofany event of default which the Contractor fails to cure within 30 calendar days after receipt of notice specifying such default or which, if such event of default cannot reasonably be cured wilhin 30 calendar days after notice, the Contractor fails, in the sole opinion of the Commissioner, lo commence and continue diligent efforts to cure, permits the City to declare the Contractor in default. Whether to declare the Contractor in default is within the sole discretion of the Commissioner. Written notification ofthe default, and any intention ofthe Cily to tenninate the Agreement, shall be provided to Contracior and such decision is final and effective upon Contractor's receipt ofsuch notice. Upon receipt ofsuch notice, the Contractor must discontinue any services, unless otherwise directed in the notice, and deliver all materials accumulated in the performance of this Agreement, whether completed or in the process of completion, to the City. At such time the City may invoke any legal or equitable remedy available to il including, bul not limited to, the following: A. The right lo lake over and complete thc Services or any part thereof as agent for and at the cost ofthe Contracior, either directly or through others. The Contractor shall have, in such event, the right lo offset from such cost the amount il would have cost the Cily under the terms and conditions herein had the Contractor completed the Services. B. The right to terminate this Agreement as to any or all ofthe Services yet lo be perfonned, effective al a lime specified by the Cily. 15280 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 C. The right of specific performance, an injunction or any other appropriate equitable remedy. D. The right lo money damages. E. The right to withhold all or any part of Contractor's compensation hereunder. F. The right to deem Contractor non-responsible in future contracts to be awarded by the City. If the City considers it to be in its best interest, it may elect not to declare default or to terminate this Agreement. The parties acknowledge that this provision is solely for the benefit ofthe City and that ifthe City permits the Contractor to continue to provide the Services despite one or more events of default, the Contractor is in no way relieved ofany ofits responsibilities, duties or obligations under this Agreement nor does the Cily waive or relinquish any of ils rights. No delay or omission to exercise any right accming upon any event of default impairs any such right nor shall it be constmed as a waiver ofany event of default or acquiescence therein, and every such right may be exercised from time to time and as often as may be deemed expedient. 7.03 Right to Offset The City reserves its rights under §2-92-380 ofthe Municipal Code ofChicago and the Commissioner shall consult with the SSAC before exercising such rights. 7.04 Suspension The City may at any time request that lhe Contracior suspend ils Services, or any part thereof, by giving 15 days prior written notice to the Contractor or upon no notice in the event of emergency. No costs incuned after the effective date ofsuch suspension shall be allowed. The Contractor shall promptly resume ils perfonnance upon written notice by the Department. The Budget may be revised pursuant to Section 5.02 to account for any additional costs or expenses actually incuned by the Contractor as a result of recommencing the Services. 7.05 No Damages for Delay The Contractor agrees that it, ils members, if a partnership or joint venture and its Subcontractors shall make no claims againsi the City for damages, charges, additional costs or hourly fees for costs incuned by reason of delays or hindrances by the City in the performance of its obligations under this Agreement. 7.06 Early Termination In addition to tennination for default, the City may, at any lime, elect to tenninate this Agreement pr any portion of the Services lo be performed under il at the sole discretion of the Commissioner by a written notice lo the Contractor. Ifthe City elects lo terminate the Agreement 12/17/2003 REPORTS OF COMMITTEES in full, all Services shall cease and all materials accumulated in performing this Agreement, whether completed or in the process of completion, shall be delivered to the Departmenl within 10 days after receipt ofthe notice or by the date staled in the notice. During the final len days or other time period stated in the notice, the Contractor shall restrict its activities, and those of its Subcontractors, to winding down any reports, analyses, or other activities previously begun. No costs incuned afterthe effective dale ofthe termination are allowed. Payment for any Services actually and satisfactorily performed before the effective date of the tennination shall be on the same basis as set forth in Article 5 hereof, bul ifany compensation is described or provided for on the basis ofa period longer than ten days, then the compensation shall be prorated accordingly. If a court of competent jurisdiction determines that the City's election to terminate this Agreement for default has been wrongful, then such termination shall be deemed to be an early termination. ARTICLE 8 GENERAL CONDITIONS 8.01 Entire Agreement This Agreement, and the exhibits attached hereto and incorporated hereby, shall constitute the entire agreement between the parties and no other wananties, inducements, considerations, promises, or interpretations shall be implied or impressed upon this Agreement that are not expressly addressed herein. 8.02 Counterparts This Agreement is comprised of several identical counterparts, each to be fully executed by the parties and each to be deemed an original having identical legal effect. 8.03 Amendments No changes, amendments, modifications, or discharge ofthis Agreement, or any part thereof, shall be valid unless in writing and signed by the authorized agent of the Contractor and the Commissioner, or their successors and assigns. The City shall incur no liability for revised services without a written amendment to this Agreement pursuant to this Section. 8.04 Compliance with All Laws Thc Contracior shall at all times observe and comply with all applicable laws, ordinances, mles, regulations and executive orders ofthe federal, state and local govemment, now existing or 15281 15282 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 hereinafter in effect, which may in any manner affect the perfonnance ofthis Agreement. Provisions required by law, ordinances, mles, 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 ofthis Agreement. 8.05 Compliance with ADA and Other Accessibility Laws If this Agreement involves services to the public, the Contractor wanants that all Services provided hereunder shall comply with all accessibility standards for persons with disabilities or environmentally limited persons including, but not limited to the following: Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. and the Rehabilitation Act of 1973, 29 U.S.C. §§ 793-94. In the event that the above cited standards are inconsistent, the Contractor shall comply with the standard providing greater accessibility. If this Agreement involves design for construction and/or Constmction, the Contractor wanants that all design documents produced and/or used under this Agreement shall comply with all federal, state and local laws and regulations regarding accessibility standards for persons with disabilities or environmentally limited persons including, bul not limited to, the following: Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 el seq. and the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities; the Architectural Baniers Act, P.L. 90-480 and the Uniform Federal Accessibility Standards; and the Environmental Baniers Act, 410 ILCS 25/1 et seq.. and the regulations promulgated thereto at 111. Admin. Code til. 71, ch. 1, § 400.110. In the event that the above cited standards are inconsistent, the Contractor shall comply with the standard providing greater accessibility. Ifthe Contracior fails to comply with the foregoing standards, it shall perform again at no expense all services required lo be reperformed as a direct or indirect result ofsuch failure. 8.06 Assigns All ofthe terms and conditions ofthis Agreement shall be binding upon and inure lo the benefit ofthe parties hereto and their respective legal representatives, successors, transferees and assigns. 8.07 Cooperation The Contracior agrees al all times to cooperate fully with the City and to act in the City's best interests. Upon the termination or expiration ofthis Agreement, the Contracior shall make every effort lo assure an orderly transition to another provider of the Services, if any, orderly demobilization ofits operations in cormection with the Services, uninlenupted provision of Services during any transition period and shall otherwise comply with reasonable requests ofthe Department in connection with this Agreement's termination or expiration. 12/17/2003 REPORTS OF COMMITTEES 15283 8.08 Severability Ifany provision ofthis Agreement is held or deemed lo 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 hereof or ofany constitution, statute, ordinance, mle of law or public policy, or for any other reason, such circumstances shall not have the effect of rendering such provision inoperative or unenforceable in any other case or circumstances, or of rendering any other provision herein invalid, inoperative, or unenforceable to any extent. The invalidity of any one or more phrases, sentences, clauses or sections herein shall not effect the remaining portions of this Agreement or any part thereof. 8.09 Interpretation All headings in this Agreement are for convenience of reference only and do not define or limit the provisions thereof Words of gender are deemed to include conelative words ofthe other gender. Words importing the singular number include the plural number and vice versa, unless the context otherwise indicates. All references to exhibits or documents are deemed to include all supplements and/or amendments to such exhibits or documents if entered into in accordance with the temis and conditions hereof and thereof All references to persons or entities are deemed to include any persons or entities succeeding to the rights, duties, and obligations ofsuch persons or entities in accordance with the terms and conditions herein. 8.10 Miscellaneous Provisions Whenever under this Agreement the City by a proper authority waives the Contractor's performance in any respect or waives a requirement or condition to the Contractor's performance, the waiver, whether express or implied, applies only to that particular instance and is not a waiver forever or for subsequent instances ofthe performance, requirement or condition. No waiver shall be constmed as a modification ofthe Agreement regardless ofthe number of times the City may have waived the performance, requirement or condition. 8.11 Disputes Except as otherwise provided in this Agreement, the Contractor shall and the SSAC may bring any dispute conceming a question of fact arising under this Agreement that is not otherwise disposed of to the City's Chief Procurement Officer for decision based upon written submissions of the parties. (A copy ofthe "Regulations ofthe Departmenl of Procurement Services for Resolution of Disputes between Contractors and the City ofChicago" is available in City Hall, 121 N. LaSalle Street, Room 301. Bid and Bond Room.) The Chief Procurement Officer will reduce his decision to writing and fumish a copy of it to the Contractor and the SSAC. Such decision shall be final and binding. 15284 JOURNAL-CITY COUNCIL-CHICAGO 8.12 12/17/2003 Contractor Affldavit The Contractor must provide to the City, no later than thirty days after the end of each year, a fully executed and notarized Affidavit certifying the expenditures for the prior year. The form of this affidavit is attached as Exhibit 8 and incorporated by reference. ARTICLE 9 NOTICES Notices provided for herein shall be in writing and may be delivered personally or by United States mail, first class, certified, retum receipt requested, with postage prepaid and addressed as follows: Ifto the City: Special Service Area #25 Department ofPIanning and Development City Hall, Room 1000 121 North LaSalle Street Chicago, Ilhnois 60602 Attention: Commissioner With Copies lo: Departmenl of Law Room 600, City Hall 121 North LaSalle Street Chicago, Illinois 60602 Attention: Corporation Counsel Ifto Contractor: Little Village - 26"" Street Area Chamber of Commerce 3610 W. 26th Streel 2nd Floor Chicago, IL 60623 Attention: Martha De La Vega Changes in the above-referenced addresses musl be in writing and delivered in accordance with the provisions ofthis Section. Notices delivered by mail shall be deemed received 3 days after mailing in accordance with this Section. Notices delivered personally shall be deemed effective upon receipt. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement on the date first set forth above, at Chicago, Illinois. Recommended by: SSAC Chairperson 12/17/2003 REPORTS OF COMMITTEES 15285 CITY OF CHICAGO By: Commissioner, Departmenl of Planning and Development Approved as lo form and legality Assistant Corporation Counsel CONTRACTOR By: Its: Attested By: hs: State of County of. This instmment was acknowledged before me on (date) by (name/s of person/s) as (type of authority, e.g., officer, trustee, etc.) of. _(name of party on behalf of whom instrument was executed). (Signature of Notary Public) (Sub)Exhibits 1, 2, 3, 4, 5, 6, 7 and 8 referred to in this Service Provider Agreeinent for Special Service Area Number 25 read as follows: 15286 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 1. (To Service Provider Agreement For Special Service Area Number 25) 2004 Scope Of Services Special Service Area Number 2 5 Little Village. Advertising and promotion for the development of the commercial area through publications such as business, directories, newsletters and brochures; Public way maintenance and beautification activities, including sidewalk sweeping; Landscaping including planters and tree maintenance; Snow removal on sidewalks; Beautification programs, including banners and streetscape fumiture; Professional administration, office space, and office expenses; and Other technical assistance activities to promote commercial and economic development including, but not limited to, streetscape improvements, enhanced land-use oversight and control initiatives, and strategic planning for the general development of the Area. 12/17/2003 REPORTS OF COMMITTEES 15287 (Sub)Exhibit 2. (To Service Provider Agreement For Special Service Area Number 25) Department Of Planning And Development Proposed Special Service Area Budget. (Page 1 of 2) Special Service Area Name and Number: Little Village Special Service Area #25 Chairperson, Special Service Area: Martha De La Vega Telephone: (Omittedforprinting purposes) Sole Service Provider: Little Village Chamber of Commerce Program Manager: Martha de la Vega Budget Period: From: January 1, 2004 Item Advertising & Promolion (SSA Development) Facade/Storefront Improvement Telephone: (Omitted for printing purposes) To: December 31, 2004 Year 2003 Levy $17,000 Carry-over Total 2004 Budget $17,000 $50,000. General Maintenance of Areaincludes street/sidewalk cleaning and scavenger services Landscaping Services-includes $17,000 flower/tree planting services Security Services $50,000 Snow Plowing $25,000 $25,000 $50,000 $50,000 Training and Workshops Involving Resident or Business Commimity Participation Other direct Special Services to the Area (please specify): Beautification (e.g. Banners, Streetscape Fumiture) $17,000 15288 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 2. (To Service Provider Agreement For Special Service Area N u m b e r 25) Department Of Planning And Development Proposed Special Service Area Budget. (Page 2 of 2) Item Year 2003 Levy $3,000 Administrative Fee for Managing SSA Program Contingency Fund for Uncollected Taxes (5% of Budget-Recommended) TOTAL Carry-over $8,000 $8,000 $170,000 $170,000 Total Operating Budget: Estimated Tax Levy Rate: C M ^(DPD use only, do not fill in) This budget is q>proved by the Sponsoring Oiganization: Executive Director MARTHA DE LA VEGA (Print Name) Executive Director Date Total 2004 Budget $3,000 12/17/2003 REPORTS OF COMMITTEES 15289 (Sub)Exhibit 3. (To Service Provider Agreement For Special Service Area Number 25) City Of Chicago Economic Disclosure Statement And Affidavit. The City of Chicago (the "City") requires disclosure of the information requested in this Economic Disclosure Statement and Affidavit ("EDS") before any City agency, department or City Council action regarding the matter that is the subject of this EDS. Please fully complete each statement, with all information current as of the date this EDS is signed. If a question is not applicable, answer with "N.A." An incomplete EDS wili be returned and any City action will be Interrupted. Please print or type all responses clearly and legibly. Add additional pages if needed, being careful to identify the portion of the EDS to which each additional page refers. WHO fWUST SUBMIT AN EDS: 1. Applicants: Any individual or entity (the" Applicant') making an application to the City for action requiring City Council or other City agency approval must file this EDS. 2. Entities holding an interest in the Applicant Generally, whenever an ownership interest in the Applicant (for example, shares of stock of the Applicant or a limited partnership interest In the Applicant) is held or owned by a legal entity (for example, a corporation or partnership, rather than an individual) each such legal entity must also file an EDS on its own behalf, and any parent of that legal entity must do so until individual owners are disclosed. However, if an entity filing an EDS Is a corporationwhose shares are registered on a national securities exchange pursuant to the Securities Exchange Act of 1934, only those shareholders that own 10% or more of that filing entity's s*':';k mi'stfile EDSs on iheir own behalf ACKNOWLEDGMENT OF POSSIBLE CREDIT AND OTHER CHECKS: By completing and filing this EDS. the Undersigned acknowledges and agrees, on behalf of itself and the entities or individualsnamed in this EDS, that the City may investigatethe creditworthinessof some or all of the entities or individuals named in this EDS. CERTIFYING THIS EDS: Execute the certification on the date of the initial submission of this EDS. You may be asked to re-certify this EDS on the last page as of the date of submission of any related ordinance to the City Council, or as of the date of the closing of your transaction. 15290 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 PUBLIC DISCLOSURE: It is the City's policy to make this document available to the public on Its Intemet stte and/or upon request. GENERAL INFORMATION Date this EDS is completed: l^d^jmbt'C "^ . Z 0 0 3 , A. Who is submitting this EDS7 That individual or entity will be the "Underslgnsd" throughout this EDS. L i I4|^ Vilkat^ - ' ^ ' ^ S ^ - ^ hft, Onn^r A ^oi«inyrce NOTE: The Undersigned is the indhrtdual or entity submitting this EDS, whether tlie Undersigned Is an Applicant or is an entity holding an interest in the Applicant. This EDS requires certain disclosures and certifications from Applicants that are not required from entitles holding an Interest In the Applicant. When completing this EDS, please observe whether the section you are completing applies only to Applicants. 1^ Check here if the Undersigned is filing this EOS as an ApplicanL [] Check here If the Undersigned is filing as an entity holding an interest in an Applicant. Also, please identify the Applicant in which this entity holds an interest B. Business address of the Undersigned: C, Telephone:(Omitted for piintingFax: (Omitted for printing Email: Dr\dt]ft^B^/ll M^U/fPT^P^^'^^'*^ *" D. Name of contact person: E: Tax identification number (optional): purposes) • i 56flQ purposes) i \lJ^\fI^^^~4^er.]r . J M Y i h i T V l A \l^t\Cr^ \J 12/17/2003 REPORTS OF COMMITTEES 15291 Brief description of contract, transaction or other undertaking (referred to below as the "Matter) to which this EDS pertains. (Include project number and location if applicable): l£i±L ,, ,, G. Is the Matter a procurement? [ ] Yes H. If a procurement, Spedfication # „ jaMjii*fMi (J^o and Contract # L If not a procurement 1. a t y Agency requesting E D S : T ) r p f W n V f r ( ^ ^ ' ^ ''*<^ '\>«|opmm-i 2. City action requested (e.g. loan, grant, sale of property): 3. If property involved, list property kTcatkxt: SECTION ONE: DISCLOSURE OF OWNERSHIP INTERESTS A. NATURE OF ENTITY 1. Indicate whether the Undersigned is an individual or legal entity; [ ] Individual I ] Limited Liability Company [ ] Business corporation [ j Joint venture [ ] Sole proprietorship M Not-tor-profit corporation (Is the not-for-profit corporation also a 501 (c)(3))? MYes I ] No [ ] General partnership [ ] Other entity (please specify) I I Limited partnership 2. State of Incorporation or organization, if applicable; 3. For legal entities not organized in the State of Illinois: Is the organizationauthorired to do business In the State of Illinois as a foreign entity? IlYes ()No ffN/A 15292 B. JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 ORGANIZATION INFORMATION 1. IF THE UNDERSIGNED IS A CORPORATION: a. List below the names and titles of all executive officers and all directors of the corporation. For not-for-profit corporations, also list below any executive director of the corporation, and indicate all membiers, If any. who are legal entities. If there are no such members, write *no members." Name "Hgn Ar((^_ ^ M n r ?fflrD-7fl—: r-¥)m/>tQ (nraA\U TNIe . ChA\rn\&'{> "^e^^yA^—, \MfVG>e.Arn\ b(1). If the Matteris a procurementand the Undersigned is a corporation whose shares are registered on a nattonal securities exchange pursuantto the Securities Exchange Act of 1934, please provide the following infbnrtation concerning shareholders who own shares equal to or in excess of 7.5% of the corporation's outstanding stores. Name Business Address Percentage Interest b(2). Ifthe Matteris nota procurement, and tlia Undersigned is a corporatkmwhose shares are registered on a national securities exchange pursuant to the Securities Exchange Act of 1934, please provide the following information concerning shareholders who own shares equal to or In excess of 10% of the corporation's outstanding shares. Name Business Address Percentage Interest c. For corporations that are not registered on a national securities exchange pursuantto the Securities Exchange Act of 1934, list below the name, business address and percentage of ownership interest of each sharehoUer. 12/17/2003 Name REPORTS OF COMMITTEES Business Address 15293 Percentage Interest 2. IF THE UNDERSIGNED IS A PARTNERSHIP OR JOINT VENTURE: For general or limited partnerships or joint ventures: list below the name, business address and percentage of ownership interest of each partner. For limited partnerships, indicate whether each partner is a general partner or a limited partner Name Business Address Percentage Interest 3. IF THE UNDERSIGNED IS A LIMfFED LIABIUTY COMPANY: a. List below the name, business address and percentage of ownership interest of each (i) member and (ii) manager. If there are no managers, write "no managers," and indicate how the company is managed. Name Business Address Percentage Interest b. Ust below the names and titles of all officers, if any. If there are no officers, write "no officers." Name Title 4. IF THE UNDERSIGNED IS A U\ND TRUST, BUSINESS TRUST, ESTATE OR OTHER SIMILAR ENTITY: a. List below the name and business address of each individual or legal entity holding 15294 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 legal title to the property that is the subject of the trust. Name Business Address b. List below the name, business address and percentage of beneficial interest of each beneficiary on vitiose behalf title is held, Name Business Address Percentage Interest 5. IF THE UNDERF"^NED IS ANY OTHEn LEGAL ENTITY, first describe the entity, then provide the name, business address, and the percentage of interest of a|l individuals or legal entities having an ownership or other beneficial interest in the entity. Describe the entity: Name Business Address Percentage Interest SECTION TWO: BUSINESS RELATIONSHIPS WITH CiTY ELECTED OFFICIALS A. DEFINITIONS AND DISCLOSURE REQUIREMENT 1. The Undersigned must indicate whether it had a "business relationship" with a City elected official in the 12 months before the date this EDS is signed. 12/17/2003 REPORTS OF COMMITTEES 2. Pursuant to Chapter 2 -156 of the Municipal Code of Chicago (the 'Municipal Code"), a "business relationship" means any 'contractual or other private business dealing" of an official, or his or her spouse, or of any entity in which an official or his or her spouse has a "financial interest," with a person or entity vt^ich entitles an official to compensation or payment in the amount of $2,500 or more in a calendar yean but a "financial interest" does not include: (i) any ownership through purchase at fair market value or inheritance of less than 1 % of the shares of a corporation, or any corporate subsidiary, parent or affiliate thereof, regardless of the value of or dividends on such shares, 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; (iii) 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 from an insurance company. A "contractual or other private business dealing" does not include any employment reiationsHp 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. B. CERTIFICATION 1. Has the Unuei-signtd had a "busiriess relationship" with any City elected official in the 12 months before the date this EDS is signed? tJYes tfNo If yes, please identify below the name(s) of such City elected official(s) and describe such relationship(s); SECTION THREE: DISCLOSURE QF RETAINED PARTIES A. DEFINITIONS AND DISCLOSURE REQUIREMENTS 1. The Undersigned must'disclose certain information about attomeys, lobbyists, accountants, consultants, subcontr^ictorG, and any other person whom the Undersigned has retained or expects to retain in connectionwith the Matter. In particular, the Undersigned mist disclose the name of each such person, his/her business address, the nature of the relationship, and the total amount ofthe fees paid or estimated to b>e paid. The Undersigned is not required to disclose employees who are paid solely through the Undersigned's regular payroll. "Lobbyist" means any person (i) who, for compensation or on behalf of any person other than himself, undertakes to influence any legislative or administrative action, or (ii) any part of 15295 15296 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 whose duty as an emptoyee of anottier includes undertaking to influence any legislative or administrative action. 2. Ifthe Undersignedis uncertainwhethera disdosureis requiredunderthls Section, the Undersigned must either ask the City whether disclosure is required or make the disclosure. B. CERTIFICATION Each and every attorney, kibbyist, accountant, consultant, subcontractor, or other person retained or anticipated to be retained directly by the Undersigned with respect to or in connection with the Matter is listed below [begin list here, add sheets as necessary]: Name Business Relationship to Undersigned (indicate Address (attomey, tobbylst, etc.) whether retained or anticipated to t>e retained) r1in^(l>ny:cVr^I^.^yt^^^oo1W^^ O S u | V M Fees (indicate whether paid or estimated) 4n3.^^(j-0C) e?Vi BY IHE U NDERSIG^ED OR ARE ANnOPAIDTO BE RETAMB) BY THE UrOBSKUEa SECTION FOUR; CERTIFICATIONS I. CERTIFICATION OF COMPLIANCE For purposes of the certifications In A B, and 0 below, the tenn "afliliate" means any individual or entity that directly or indirectly: controls the Undersigned, is controlled by the Undersigned, or Is. with the Undersigned, under common control of another individual or entity. Indicia of control indude, without limitation: interiocking managementorownershtp;identity of interests among family members; shared facilities and equipment; common use of employees; or organization of a business entity fbltowing the ineligibility of a business entity to do business with the federal govemment or a state or tocal govemment, including the City, using substantially the same management, ownership, or principals as the ineligibleentity. A. The Undersigned is not delinquent in the payment of any tax administeredby the Illinois Deparimentof Revenue, nor are the Undersignedor its afiiliatesdelinquentin paying anyfine, fee, tax or other charge owed to the City. This includes all water charges, sewer charges, license fees, paridng tickets, proper^ taxes or sales taxes. If there are any such 12/17/2003 REPORTS OF COMMITTEES delinquencies, note them below: If the letters "NA" the word 'None," or no response appears on the lines above, it will be conclusively presumed that the Undersigned certified to the above statements. B. The Undersigned and its affiliates have not, in the past five years, been found in violation of any City, state or federal environmental law or regulation. If there have been any such violations, note them below: ., tJo If the letters 'NA" the word 'None," or no response appears on the lines above, it will be conclusively presumed that the Undersigned certified to the above statements. C. If the Undersigned is the Applicant, the Undersigned and its affiliates will not use, nor pennit their subcontractors to use, any facility on the U.S. EPA's List of Violating Facilities in connection with the Matter for the duration of time that such facility remains on the list. D. If the Undersigned is the Applicant, the Undersigned will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in Section Four, I, (A-C) above and will not, without the prior written consent of the City, use any such contractor/subcontractorthat does not provide such certifications or that the Undersigned has reason to believe has not provided or cannot provide truthful certifications. If the Undersigned is unable to make the certifications required in Section Four, paragraph I (C) and (D) atrave, provide an explanation: If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Undersigned certified to the above statements. 15297 15298 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 IL CHILD SUPPORT OBUGATIONS • CERTIFICATION REGARDING COURTORDERED CHILD SUPPORT COMPLIANCE For purposes of this part, "Substantial Owner" means any individual who, directly or indirectly, owns or holds a 10% or more interest in the Undersigned .Note: This may include individuals disclosed in Section One (Disclosure of Ownership Interests), and individuals disclosed in an EDS filed by an entity holding an interest in the Applicant. If the Undersigned's response below is #1 or #2, then all of the Undersigned's Substantial Owners must remain in compliancewith any such child support obligations until the Matteris completed. Failure of the Undersigned's Substantial Owners to remain in compliance with their child suppori obligationsin the manner set forth in either#1 or#2 constituiesan eventof default. Check one: 1. No Substantial Owner has been declared in arrearage on any child support obligations by the Circuit Court of Cook County, Illinois or by another Illinois court of competent jurisdiction. 2. The Circuit Court of Cook County, Illinois or another Illinois court of competent jurisdiction has issued an onjerdeclaringoneormore Substantial Owners in arrearage on child support obligations. All such Substantial Owners, however, have entered into court-approved agreements for the payment of all such child support owed, and all such Substantial Owners are in compliance with such agreements. 3. The Circuit Court of Cook County, Illinois or another Illinois court of competent jurisdiction has issued an order declaring one or more Substantial Owners in arrearage on child support obligations and (a) at least one such Substantial Owner has not entered into a court-approved agreement for the payment of all such child support owed: or (b) at least one such Substantial Owner is not in compliancewith a courtapproved agreement for the payment of all such child support owed; or both (a) and There are no Substantial Owners. 12/17/2003 HI, REPORTS OF COMMITTEES FURTHER CERTIFICATIONS A. The Undersigned and, if the Undersigned is a legal entity, its principals (officers, directors, partners, members, managers, executive director): 1. are not presently deban-ed, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of govemment; 2. have not, within a five-year period preceding the date of this EDS, been convicted j f a criminal offense, adjudged guilty, cr harl a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitmst statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property; 3. are not presently indicted for or otherwise criminally or civilly charged by a govemmental entity (federal, state or local) with commission of any of the offenses enumerated in clause (A)(2) of this section; 4. have not, within a five-year period preceding the date of this EDS, had one or more public transactions (federal, state or local) temninated for cause or default; and 5. have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, orfound liable in a civil proceeding, in any criminal or civil action instituted by the City or by the federal govemment, any state, or any other unit of local govemment. The certifications in subparts B and D concem: • the Undersigned; • any party participating in the performance of the Matter ("an Applicable Party"); • any "Affiliated Entity" (meaning an individual or entity that, directly or indirectly: controls the Undersigned, is controlled by the Undersigned, or is, with the Undersigned, under common control of another individual or entity. Indicia of control Include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local govemment, including the City, using substantially the same management, ownership, or principals as the 15299 15300 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 ineligibleentity); with respectto Applicable Parties, the term Affiliated Entity means an individual or entity that directly or indirectly controls the Applicable Party, is controlled by it, or, with the Applicable Party, is under common control of another individual or entity; any responsible official of the Undersigned, any Applicable Party or any Affiliated Entity or any other official, agent or employee of the Undersigned, any Applicable Party or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of fhe Undersigned, any Applicable Party or any Affiliated Entity (collectively !Agents"). • Neitherthe Undersigned, nor any Applicable Party, nor any Affiliated Entity of eitherthe Undersigned or any Applicable Party nor any Agents have, during thefiveyears before the date this EDS is signed, or, with respect to an Applicable Party, an Affiliated Entity, or an Affiliated Entity of an Applicable Party during the five years before the date of such Applicable Party's or Affiliated Entity's contract or engagementin connectionwith the Matten 1. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal govemment or of any state or local govemment in the United States of America, in that officer's or employee's official capacity; 2. agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid afixedprice or otherwise; or 3. made an admission of such conduct described in (1) or (2) above that is a matter of record, but have not been prosecuted for such conduct; or 4. violated the provisions of Section 2-92-610 of the Municipal Code (Living Wage Ordinance). C. The Undersigned understands and shall comply virith (1) the applicable requirements of the GovemmentalEthicsOnJinance ofthe City, Title 2, Chapter 2-156 of the Municipal Code; and (2) all the applicable provisions of Chapter 2-56 of the Municipal Code (Office of the Inspector General). D. Neither the Undersigned, Affiliated Entity or Applicable Party, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local govemment as a result of engaging In or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-i; or (3) 12/17/2003 E. REPORTS OF COMMITTEES if the Undersigned is unable to certify to any of the above statements In this Part III, the Undersigned must explain below: Jit. If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Undersigned certified to the above statements. IV, CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION For purposes of this Part IV, under Section 2-32-455(b) of the Municipal Code, the tenn "financial institution* means a bank, savings and loan association, thrift, credit union, mortgage banker, mortgage broker, trust company, savings bank. Investment bank, securities broker, municipal securities broker, securities dealer, municipal securities dealer, securities urxlerwriter. municipal securities underwriter, investmenttrust, venture capital company, bank holding company, finandal services holding company, or any licensee under the Consumer Installment Loan Act, the Sales Finance Agency Act, or the Residential Mortgage Licensing AcL However, "finandal institution* specifically shall not indude any entity whose predominant business is the providing of tax deferred, defined contribution, pension plans to public employees in accordance with Sections 403(b) and 457 of the Intemal Revenue Code. [Additional definitions may be found in Section 2-32-455(b) of the Munidpal Code.] A CERTIFICATION The Undersigned certifies that the Undersigned [check one] ^is _-X-'snot a Tinancial institution' as defined In Section 2-32-455(b) ofthe Municipal Code. B. If the Undersigned IS a financial institution, then the Undersigned pledges: "We are not and will not become a predatory lender as defined in Chapter 2 -32 of the Munidpal Code. Wefijrlherpledgethatnoneofour affiliates Is, and none of them will become, a predatoiy lender as defined in Chapter 2-32 of the Munidpal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City.' If the Undersigned is unable to make this pledge because K or any of its affiliates (as defined in Section 2-32-455(b) of the Munidpal Code) is a predatory lender within the 15301 15302 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 meaning of Chapter 2 -32 of the Municipal Code, explain here (attiach additional pages If necessary): x\± . If the letters *NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Undersigned certified to the above statements. y. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS Any words or terms that are defined in Chapter 2-156 of the Munidpal Code have the same meanings when used in this Part V. 1. In accordance wtth Section 2-156-110 of the Munidpal Code: Does any ofiidal or .employee of the City have a finandal interest in his or her own name or in the name of any other person in the Matter? [lYes I#No NOTE: If you answered "No" to Kem V(1), you are not required to answer Items V(2) or (3) below. Instead, review the certification In Kem V(4) and then proceed to Part VI. If you answered "Yes" to Item V(1), you must first respond to Kem V(2) and provide the information requested In Kem V(3). After responding to those Kems, review the certification In Item V(4) and proceed to Part VI. 2. Unless sold pursuant to a process of competitive bidding, no City elected offidal or emptoyee shall have afinandalinterest In his or her own name or in the name of any other person In the purchase of any property that (i) belongs io the City, or (il) is sold for taxes or assessments, or (III) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power d oes not constitute afinandalinterest within the meaning of this Partv. Does the Matter involve a City Property Sale? [JYes pW 3. lfyouan8wered'yes"toltemV(1),providethenamesandbuslnessaddressesof the City offidals or employees having such interest and klentify the nature of such interest Name Business Address Nature of Interest 12/17/2003 REPORTS OF COMMITTEES 4. The UndersignedfurthercertifiesthatnoprohibitedfinandalinterestintheMatterwID be acquired by any City offidal or emptoyee. VK CERTIFICATION REGARDING SLAVERY ERA BUSINESS The Undersigned has searched any and all records of the Undersigned and any and all predecessor entities for records of investments or profits from slavery, the slave industry, or slaveholder insurance polides from the slavery era (induding insurance policies Issued to slaveholders that provkJed coverage for damage to or injury or death of their slaves) and has disclosed in this EDS any and all such records to the City. In additton, the Undersigned must disdose the names of any and all slaves or slaveholders described in those records. Failure to comply with these disctosure requirements may make the Matterto which this EDS pertains voidable by the City. Please check either (1) or (2) below. Ifthe Undersigned checks (2), the Undersigned must disclose below or In an attachment to this EDS all requisite information as set forth in that paragraph (2), T N 1. The Undersigned verifies that (a) the Undersigned has searched any and all records of the Undersigned and any and all predecessorentlties for records of investments or profits from slavery, the slave industry, or slaveholder insurance polides, and (b) the Undersigned has found no records of Investments or profits firom slavery, (he slave industry, or slaveholder insurance policies and no records of names of any slaves or slaveholders. 2. The Undersigned verifies ttiat, as a result of conducting the search In step (1)(a) above, the Undersigned has found records relating to investments or profits from slavery, the slave industry, or slavehokier insurance policies and/or the names of any slaves or slaveholders. The Undersigned verifiesthatthefbOowlngconstitutesfulldisdosureofallsuch records: 15303 15304 JOURNAL-CITY COUNCIL-CHICAGO SECTION FIVE: I. 12/17/2003 CERTIFICATIONS FOR FEDERALLY-FUNDED MATTERS CERTIFICATION REGARDING LOBBYING A. List betowthe names ofall IndMduals registered underthe federal Lobbying Disdosure Actof 1995 who have madetobbyingcontacts on behalf of the Undersigned with respect to the Matter [Begin list here, add sheets as necessary]: Jit. Pfno explanation appears or begins on the Unes above, or If the letters "NA'ar ifthe word "None" appear, it will be condusively presumed that the Undersigned means that NO Individuals registered under the Lobbying Disclosure Actof 1995 have made lobbying contacts on behalf of the Undersigned with respect to the Matter.] B. The Undersigned has not spent and will not expend any federally appropriated funds to pay any Individual listed In Paragraph (A) above for his or her lobbying activitiesor to pay any individual to influence or attempt to influence an officeror employeeof any agency, as defi ned by applicable federal law, a memt>er of Congress, an officer or employee of Congress, or an employee of a member of Congress, in oonnection with the award of any federalty fijnded contract, making any federaly funded grant ortoan,entering into any cooperative agreement, cr to extend, continue, renew, amend, or modiiy any federally liinded contract, grant,toan,or cooperative agreemenL C. The Undersigned will submit an updated certification at the end of each calendar quarter in whtoh there occurs any event that materially affects the accuracy ofthe statements and Infonnation set forth In paragraphs 1(A) and 1(B) above. If the Matter is federally funded and any funds other than federally appropriated funds have been or will be paidtoany individual for influendng or attempting to influence an officer or emptoyee of any agency (as defined by applicable federal law), a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the Matter, the Undersigned must complete and submit Standard Form4XL, "Disclosure Form to Report Lobbying." in accordance with Its instructions. The form may be obtained online from the federal Office of Management and Budget (OMB) web site at httD://www.whltehouse.qov/omb/Qrant8/sfllBn.pdf. linked on the page http:/Awww.whltehouse.aov/omb/arants/Qrants fbrms.html. 12/17/2003 REPORTS OF COMMITTEES D. The Undersigned certifies that either (i) it is not an organization described in section 501(c)(4) of the Intemal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Intemal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities". E. If the Undersignedis the Applicant,theUndersignedmustobtaincertificationsequalin form and substance to paragraphs 1(A) through 1(D) above frbm all subcontractors before it awards any subcontract and the Undersigned must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon requesL «. CERTIFICATION REGARDING NONSEGREGATED FACILITIES A. If the Undersigned is the Applicant, the Undersigned does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, andit does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. "Segregated facilities," as used in this provision, means any vvaiting rooms, work areas, restrooms, washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainmentareas,transportation.and housing provided for employees, that are segregated by explidt directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of habit, local or employee custom, or otherwise. However, separated or single-user restrooms and necessary dressing or sleeping areas must be provided to assure privacy between the sexes. B. If the Undersignedis the Applicantand the Matterisfederallyfunded, the Undersigned will, before the award of subcontracts (if any), obtain identical certifications fi'om proposed subcontradors under which the subcontractorwill be subject to the Equal Opportunity Clause. Contracts and subcontracts exceeding $10,000, or having an aggregate value exceeding $10,000 in any 12-month period, are generally subject to the Equal Qoportunity Clause. Seg, 41 CFR F^rt 60 for fijrther information regarding the Equal Opportunity Clause, The Undersigned must retain the certifications required by this paragraph (B) for the duration of the contract (ifany) and must make such certifications promptly available to the City upon request C. Ifthe Undersigned Is the Applicantand the Matteris federallyfunded, the Applicantwill forward the notice set forth below to proposed subcontractors: 15305 15306 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATIONS OF NONSEGREGATED FACIUTIES Subcontractors must submit to the Contractor a Certification of Nonsegregated Fadlities before the award of any subcontract under which the subcontractorwill be subject to the federal Equal Opportuntty Clause. The subcontractor may submit such certifications either for each subcontractor for all subcontracts during a period (e.g., quarteriy, semiannually, or annually). !!L CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY Federal regulations require prospective contiactors for federallyfunded Matters (e.g., ttie Appltoant) and proposed subcontiBctorsto submit the fdtowing infonnation witti ttieir bids or In writing at ttie outset of negotiations. (NOTE: This Part III Is t o be completed only if the Undersigned Is t h e Applicant.) A. B. C. Have you devetoped and do you have on file affirmative action programs pursuant to appitoable federal regulations? (See 41 CFR Part 60-2.) []Yes (]No ffN/A Have you partidpatedin any previous contracts or subcontracts subject to the equal opportuni^ dause? [JYes [INo ^N/A HaveyoufiledwittittieJointReporttngCommlttee,theDlrectorcffttieOfficeof Federal Contract Compliance Programs.orttie Equal Empksyment Opportunity Commisston afl reports due underthe applicable filing requirements? (lYes [JNo ^N/A SECTION SIX; NOTICE ANP ACKNOWLEDGMENT REGARDING GOVERNMENTAL ETHICS AND CAMPAIGN FINANCE ORDINANCES CITY The City's Govemmental Ettiics and Campaign Rnandng 0rdinances,Chapter8 2 -156and2164 of Uie Munidpal Code, impose pertain duties and obligations on Individuals or entities seeking City contracts, wortc, business, or ti-ansacUons. The Eioard of EUiics has developed an ettiics tiaining program for such Individuals and entities. The full text of ttiese ordinances and Uie training program is available on line at wvw.dtvofchlcaao.oro/Ethlcs/. and may also t>e obtained from ttie City's Board of Ettiics, 740 N. Sedgwick St., Suite 500, Chicago, IL 60610, Telephone: (Omitted f o r p r i n t i n g purposes). 12/17/2003 REPORTS OF COMMITTEES The f o l l o w i n g i s d e s c r i p t i v e only and does n o t p u r p o r t t o cover every a s p e c t of C h a p t e r s 2-156 and 2-164 of t h e Municipal Code. The Undersigned must comply f u l l y w i t h t h e a p p l i c a b l e o r d i n a n c e s . ^ BYCHECKING THIS BOX THEUNDERSIGNED ACKNOWLEDGESTHAT THE UNOERSKSNEO UNDERSTANDS THAT THE C n V s GOVERNMENTAL ETHICS ANO CAMPAIGN FINANCING ORDINANCES, AMONG OTHER THINGS: 1) Provide that any contract negotiated, entered into or performed in violation of the City's ethics laws can be voided by the City. 2) Limit the gifts and favors any individual or entity can give, or offer to give, to any City official, employee, contractor or candidate for elected City office or the spouse or minor child of any of them, including: a. b. any cash gift or any anonymous gift; and any gift based on a mutual understanding that Uie City official's or employee's or City contractor's actions or dedsions will be influenced in any way by Uie gift. 3) Prohibit any City elected offidal or City employee from having a finandal interest, direcUy or indirectiy, in any contract, woric,ti'ansactionor business ofthe City, if that Interest has a cost or present value of $5,000 or more, or if Uiat interest entiUes the owner to receive more than 32,500 per year. 4) Prohibit any appointed City offidal from engaging in any contract, work, transaction or business ofthe City, unless the matter is wholly unrelated to'the appointed offidal's duties or responsibilities. 5) Provide that City employees and officials, or their spouses or minor children, cannot receive compensation or anything of value In retum for advice or assistance on matters conceming the operation or business of the City, unless their services are wholly unrelated to their City duties and responsibilities. 6) Provide that former City emptoyees and offidals cannot, for a period of one year after their City employment ceases, assist or represent another on any matter involving the City if, while with the Cily, Uiey were personally and substantially Involved in the same matter. 15307 15308 JOURNAL-CITY COUNCIL-CHICAGO 7) 12/17/2003 Provide that former City emptoyees and offidals cannot ever assist or represent anottier on a City contract if, while witti ttie City, ttiey were personally involved in or direcUy supervised the formulation, negotiation or execution of ttiat contracL SECTION SEVEN: CONTRACT DISCLOSURE INCORPORATION. COMPLIANCF. PENALTIES. The Undersigned understands and agrees that: A. The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between ttie Applicant and the City in connection vAVnttieMatter, whether procurement. City assistance, or ottier City action, and are material inducements to the City's execution of any contract or taking other action wiVn respect tothe Matter. The Undersigned understandsttiatitmustcomplywith all statutes, ordinances, and regulations on which this EDS is based. B. If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any conti'act or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies underthe contractor agreement (if not rescinded, void or voidable), at law, or in equity, induding tenninating the Undersigned's participation in he Matter and/or dedining to allow the Undersigned to participate in other transactions with ttie City. C. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Intemet, in response to a Freedom of Infonnation Act request, or otherwise. By completing and signing this EDS, the Undersigned waives and releases any possible rights or daims which it may have against the City in connection witti Uie public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS. D'. The Undersigned has not withheld or reserved any disdosures as to economic interests in Uie Undersigned, or as to the Matter, or any infomiation, data or plan as to the intended use or purpose for which the Applicant seeks City Council or other City agency action. E. The information provided in this EDS must be kept cun-ent. In the event of changes, ttie Undersigned must supplement this EDS upto ttie time the City takes action on the Matter. 12/17/2003 REPORTS OF COMMITTEES CERTmCA'nON Under penalty of peijury the person signing below: (1) warrants that iie/she is authorized to execute this EDS on behalf of the undersigned, and (2) warrants that all certifications and statements contained in this EDS are true, accurate and complete as ofthe date fumished to the City. Little VillaRe-26''' {Street Area Chamber of Commerce Date: ll-OT-OS (frin or typ> a n v oriidividail cr I q ^ crttty wtnailiiif this EDS) By: JAfL A SL U^y (•ipihen) Print or name of signatory: iDeJ Title of signatoty Executive Director Subscribed to before nie on [date] MoV. 1 , ^ O d ^ . at i ^ Q >^ Commission expires: County, "yfeg^i^^,-v^U5a^ l - < P ^ ' ^ ^ S 'TAIIY ! : S tPUBLIC ^ L V• .' •^*^' =^ »^^ ' * N O \ ' W v w - , . . " "fU|^:o?«eii>s \ 15309 15310 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 4. (To Service Provider Agreement For Special Service Area Number 25) Contractor's Insurance Provisions Special Service Area Number 25 Little Village - 26'" Street Area Chamber Of Commerce. The Contractor must provide and maintain at Contractor's own expense, during the term of this Agreement, and during the time period following expiration if Contractor is required to r e t u m and perform additional Services, the insurance coverages and requirements specified below, insuring all operations related to the Agreement. A. Insurance To Be Provided. 1) Workers' Compensation And Employer's Liability. Workers' Compensation, as prescribed by applicable law covering all employees who are to provide a service under this Agreement and Employer's Liability coverage with limits of not less than One Hundred Thousand Dollars ($100,000) each accident or illness. 2) Commercial General Liability (Primary And Umbrella). Commercial General Liability Insurance or equivalent with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage liability. Coverage must include the following: all premises and operations, products/completed operations, separation of insureds and contractual liability (with no limitation endorsement). The City of Chicago is to be named as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the Services. 3) Automobile Liability (Primary And Umbrella). When any motor vehicles (owned, non-owned and hired) are used in 12/17/2003 REPORTS OF COMMITTEES 15311 connection with work to be performed, the Contractor must provide Automobile Liability Insurance with limits of not less than One Million Dollars ($ 1,000,000) per occurrence for bodily injury and property damage. 4) Professional Liability. When any professional consultants (e.g., C.P.A.s, attomeys, architects, engineers, construction managers) perform work in connection with this Agreement, Professional Liability Insurance covering acts, errors or omissions must be maintained with limits of not less than Five Hundred Thousand Dollars ($500,000). Coverage must include contractual liability. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede, start of work on the Agreement. A claims-made policy which is not renewed or replaced must have an extended reporting period of two (2) years. 5) Crime. Contractor must be responsible for all persons handling funds under this Agreement, against loss by dishonesty, robbery, burglary, theft, destruction, or disappearance, computer fraud, credit card forgery and other related crime risks. The Contractor may self-insure for this exposure. B. Security Firms. If the Contractor enters into a subcontract with a Security Firm, such Security Firm must be certified by the State oflllinois, and the Security Firm's employees must be registered and certified by the State. Contractor must ensure and require any Security Firm subcontractor to comply with the Risk Management Division approved Security Firm Insurance Provisions set forth in (Sub) Exhibit 5 of this Agreement, attached hereto and incorporated by references as though fully set forth herein. C. Other Requirements. The Contractor will fumish the City of Chicago, Department of Planning and Development, Community and Neighborhood Development, Room 1000,121 North LaSalle Street, 60602, original Certificates of Insurance evidencing the required 15312 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 coverage to be in force on the date of this Agreement, and Renewal Certificates of Insurance, or such similar evidence, ifthe coverages have an expiration or renewal date occurring during the term of this Agreement. The Contractor must submit evidence of insurance on the City of Chicago Insurance Certificate of Coverage Form (copy attached) prior to award of this Agreement. The receipt of any certificate does not constitute agreement by the City that the insurance requirements in the Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all requirements of this Agreement. The failure of the City to obtain certificates or other insurance evidence from Contractor must not be deemed to be a waiver by the City. The Contractor must advise all insurers of the Agreement provisions regarding insurance. Nonconforming insurance must not relieve Contractor ofits obligation to provide insurance as specified herein. Nonfulfillment of the insurance conditions may constitute a violation of the Agreement, and the City retains the right to stop work until proper evidence of insurance is provided, or the Agreement may be terminated. The insurance must provide for sixty (60) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or nonrenewed. Any deductibles or self-insured retentions on referenced insurance coverages must be bome by Contractors. The Contractor agrees that insurers must waive their rights of subrogation against the City of Chicago, its employees, elected officials, agents or representatives. The coverages and limits furnished by Contractor in no way limit the Contractor's liabilities and responsibilities specified within the Agreement or by law. Any insurance or self-insurance programs maintained by the City of Chicago do not contribute with insurance provided by the Contractor under the Agreement. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Agreement or any limitation placed on the indemnity in this Contract given as a matter of law. The Contractor must require all subcontractors to provide the insurance required herein, or Contractor may provide the coverage for subcontractors. All 12/17/2003 REPORTS OF COMMITTEES 15313 subcontractors are subject to the same insurance requirements of Contractor unless otherwise specified herein. IfContractor, or its subcontractors, desire additional coverage, the party desiring the additional coverages is responsible for the acquisition and cost. The City ofChicago Risk Management Department maintains the right to modify, delete, alter or change these requirements. [City of Chicago Insurance Certificate of Coverage form referred to in these Contractor's Insurance Provisions unavailable at time of printing.] (Sub)Exhibit 5. (To Service Provider Agreement For Special Service Area Number 25) Security Firm Insurance Provisions Special Service Area Number 2 5 Little Village - 2&" Street Area Chamber Of Commerce. The Security Firm must provide and maintain at Security Firm's own expense, until Contract completion, and during the time period following expiration if the Security Firm is required to return and perform additional Services, the insurance coverages specified below, insuring all operations related to the Contract. A. Insurance To Be Provided. 1) Workers' Compensation And Employer's Liability. Workers' Compensation, as prescribed by applicable law covering all employees who are to provide a service under this Contract and Employer's Liability coverage with limits of not less than Five Hundred Thousand Dollars ($500,000) each accident or illness. 15314 2) JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Commercial General Liability (Primary And Umbrella). CommerciEil General Liability Insurance or equivalent with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage liability. Coverage must include the following: all premises and operations, products/completed operations, separation of insureds and contractual liability (with no limitation endorsement). The S.S.A.C, the City of Chicago and the Contractor are to be named as additional insureds on a primciry, noncontributory basis for any liability arising directly or indirectly from the work. 3) Automobile Liability (Primary And Umbrella). When any motor vehicles (owned, non-owned and hired) are used in connection with work to be performed, the Security Firm must provide Automobile Liability Insurance with limits of not less than One Million Dollars ($ 1,000,000) per occurrence for bodily injury and property damage. 4) Professional Liability. Professional Liability Insurance covering acts, errors or omissions must be maintained with limits ofnot less than One Million Dollars ($1,000,000). Coverage must include contractual liability. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede, start of work on the Contract. A claims-made policy which is not renewed or replaced must have an extended reporting period of two (2) years. B. Other Requirements. The Security Firm will fumish the Contractor original Certificates of Insurance evidencing the required coverage to be in force on the date of this Contract, and Renewal Certificates of Insurance, or such similar evidence, ifthe coverages have an expiration or renewal date occurring during the term of this Contract. The Security Firm must submit evidence of insurance prior to Contract award. The receipt of any certificate does not constitute agreement by the Contractor that the insurance requirements in the Contract have been fully met or that the insurance policies indicated on the certificate are in compliance with all Contract 12/17/2003 REPORTS OF COMMITTEES 15315 requirements. The failure of the Contractor to obtain certificates or other insurance evidence from Security Firm must not be deemed to be a waiver by the Contractor. The Security Firm must advise all insurers ofthe Contract provisions regarding insurance. Nonconforming insurance must not relieve Security Firm of its obligation to provide insurance as specified herein. Nonfulfillment of the insurance conditions may constitute a violation of the Contract, and the Contractor retains the right to stop work until proper evidence of insurance is provided, or the Contract may be terminated. The insurance must provide for sixty (60) days prior written notice to be given to the Contractor in the event coverage is substantially changed, canceled, or nonrenewed. Any deductibles or self-insured retentions on referenced insurance coverages must be bome by Security Firm. The Security Firm agrees that insurers must waive their rights of subrogation against the Contractor and the City of Chicago, its employees, elected officials, agents, or representatives. The coverages and limits fumished by Security Firm in no way limit the Security Firm's liabilities ctnd responsibilities specified within the Contract or by law. Any insurance or self-insurance programs maintained by the Contractor must not contribute with insurance provided by the Security Firm under the Contract. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of law. The Security Firm must require all subcontractors to provide the insurance required herein, or Security Firm may provide the coverages for subcontractors. All subcontractors are subject to the same insurance requirements of Security Firm unless otherwise specified herein. If Security Firm desires additional coverages, the Security Firm and each ofits subcontractors desiring the additional coverages is responsible for the acquisition and cost. The Contractor maintains the right to modify, delete, alter or change these requirements. JOURNAL-CITY COUNCIL-CHICAGO 15316 12/17/2003 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 25) Prevailing Wages. (Page 1 of 9) Cook County Prevailing Wage For November, 2003. Trade Mame ASBESTOS ABT-GEN ASBESTOS ABT-MEC BOILERMAKER BRICK MASON CARPENTER CEMENT MASON C E R A M I C T I L E FNSHER COMM. ELECT. E L E C T R I C PWR E Q M T O P E L E C T R I C PWR G R N D M A N E L E C T R I C PWR L I N E M A N ELECTRICIAN ET.RVATOR C O N S T R U C T O R FENCE ERECTOR GLAZIER H T / F R O S T INSULATOR IRON WORKER LABORER LATHER MACHINIST MARBLE FINISHERS MARBLE MASON MILLWRIGHT OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER O P E R A T I N G ENGINEER O P E R A T I N G ENGINEER O P E R A T I N G ENGINEER O R N A M N T L 1IRON WORKER RG TYP„C Base ALL BLD BLD BLD ALL ALL BLD BLD ALL ALL ALL ALL BLD ALL BLD BLD ALL ALL BLD BLD ALL BLD ALL BLD BLD BLD BLD FLT FLT FLT FLT HWY HWY HWY HWY HWY ALL 1 2 3 4 1 2 3 4 1 2 3 4 5 29. 000 23. 300 35. 600 30. 550 33. 320 34. 000 24. 450 29. 94 0 33. 000 25. 740 33. 000 33. 650 35.,655 23.,540 29..000 30..450 32,.580 29,.000 33,.320 33,.230 24 .050 30 .550 33 .320 35 .700 34 .400 31 .850 30 .100 38 .350 36 .850 32 .800 27 .300 33 .900 33 .350 31 .300 29 .900 28 .700 30 .850 FRMAN *M-F>e OSA OSH H/W 29. 750 24. 800 38. 800 32. 550 34. 820 35. 000 0. 000 32. 340 38. 450 38. 450 38. 450 36..150 40.,110 24.,790 30..000 32..200 34..080 29,.750 34,.820 34,.980 26 .050 32 .550 34 .820 39 .700 39 .700 39 .700 39 .700 38 .350 38 .350 38 .350 38 .350 37 .900 37 .900 37 .900 37 .900 37 .900 32 .600 1. 5 1. 5 2. 0 1. 5 1. 5 2. 0 2. 0 1. 5 1.,5 1. 5 1..5 1.,5 2.,0 1..5 1..5 1..5 2..0 1,.5 1 .5 2 .0 1 .5 1 .5 1 .5 2 .0 2 .0 2 .0 2 .0 .5 .5 .5 .5 .5 .5 .5 .5 .5 2 .0 1. 5 1. 5 2. 0 1. 5 1. 5 1. 5 1. 5 1. 5 1. 5 1. 5 1. 5 1.,5 2..0 1..5 2..0 1,.5 2,.0 1,.5 1 .5 2 .0 1 .5 1 .5 1 .5 2 .0 2 .0 2 .0 2 .0 .5 .5 .5 .5 .5 .5 .5 .5 .5 .0 2. 0 4. 170 2. 0 3. 640 2. 0 4. 550 2. 0 4. 950 2. 0 4. 930 2. 0 5. 080 2. 0 4. 750 2. 0 5. 100 2. 0 5. 570 2. 0 4. 350 2. 0 5.,570 2. 0 7.,450 2. 0 5.,775 2.,0 6..000 2.,0 5,.340 2.,0 6..810 2..0 6 .000 2,.0 4 .170 2 .0 4 .930 2 .0 3 .200 2 .0 4 .470 2 .0 4 .950 2 .0 4 .930 2 .0 5 .700 2 .0 5 .700 2 .0 5 .700 2 .0 5 .700 2 .0 5 .400 2 .0 5 .400 2 .0 5 .400 2 .0 5 .400 2 .0 5 .700 2 .0 5 .700 2 .0 5 .700 2 .0 5 .700 2 .0 5 .700 2 .0 6 .000 Pensn Vac 3. 380 5. 520 5. 690 5. 860 4 .140 3. 750 3. 950 5. 240 7. 770 6. 060 7. 770 5. 980 2. 880 5. 320 7.,900 8.,010 9..660 3..3 80 4 .140 3 .600 5 .860 5 .860 4 .140 4 .500 4 .500 4 .500 4 .500 4 .250 4 .250 4 .250 4 .250 4 .500 4 .500 4 .500 4 .500 4 .500 7 .870 0. 000 0. 000 0. 000 0. 000 0. 000 0. 000 0. 000 0. 000 0. 000 0. 000 0. 000 0. 000 2. 140 0. 000 0.,000 0..000 0,.000 0 .000 0 .000 2 .290 0 .000 0 .000 0,.000 1,.800 1,.800 1,.800 1 .800 1 .700 1 .700 1 .700 1 .700 1 .800 1 .800 1 .800 1 .800 1 .800 0 .000 Trng 0. 170 0. 000 0. 210 0. 550 0. 440 0. ISO 0. 210 0. 700 0. 170 0. 120 0. 170 0. 750 0. 000 0. 000 0.,400 0..230 0 .270 0 .170 0 .440 0 .000 0 .550 0 .550 0 .440 0 .550 0 .550 0 .550 0 .550 0 .000 0 .000 0 .000 0 .000 0 .550 0 .550 0 .550 0 .550 0 .550 0 .750 12/17/2003 REPORTS OF COMMITTEES 15317 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 25) Prevailing Wages. (Page 2 of 9) Cook County Prevailing Wage For November, 2003. Trade Name RG TYP.'C Base FAINTER PAINTER SIGNS PILEDRIVER PIPEFITTER PLASTERER PLUMBER ROOFER SHEETMETAL WORKER SIGN HAHGER SPRINKLER FITTER STEEL ERECTOR STONE MASON TERRAZZO FINISHER TERRAZZO MASON TILE MASON TRAFFIC SAFETY WRKR TRUCK DftlVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TUCKPOINTER E E E E W W W W ALI BLD ALL BLD BLD BLD BLD BLD BLD BLD ALL BLD BLD BLD BLD HWY ALL ALL ALL ALL ALL ALL ALL ALL BLD 31 .350 25 .530 33 .320 34 .000 29 .990 36 .000 30 .850 30 .730 22 .530 33 .700 32 .580 30 .550 25 .140 29 .050 2d .050 22 .050 26 .900 27 .150 27 .350 27 S50 27 .500 27 .650 27 .850 28 .050 32 .200 PRMAN *M-F>B OSA OSH H/W Pensn 35 .260 28 .660 34 .820 36 000 30 990 38 000 32 .850 33 ,190 23 .380 35 .500 34 ,080 32 .550 0 000 30 550 31 850 23 550 27 .550 27 SSO 27 ,550 27 .550 28 .050 28 .050 28 .050 28 .050 33 .200 4.400 2.040 4.140 5.350 5.450 3.040 2.460 6.790 1.890 5.000 9.660 860 630 550 750 800 3.200 200 .200 .200 ,100 .100 ;100 ,100 .340 1.5 1.5 1.5 2.0 2.0 2.0 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1:5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 l.s 700 600 930 720 500 100 120 310 730 600 000 950 450 450 750 478 200 200 200 200 200 200 200 200 760 Vac Trng 0.000 340 0.000 000 0.000 440 000 000 000 400 000 390 000 320 000 0.490 440 0.000 000 450 000 270 000 550 000 200 000 160 0.000 430 0.000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 0.580 Legend: M-F>e (Overtime Is required for any hour greater tSian 8 worked each day, Monday through Friday. OSA (Overtime is required for every hour worked on Saturday I OSH (Overtime is required for every hour worked on Sunday and Holidays) H/K (Health k Welfare Insurance) Fensn (Pension) Vac (Vacation) Trng (Training) 15318 JOURNAL-CITY COUNCIL-CHICAGO 1 2 / 1 7 / 2003 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 25) Prevailing Wages. (Page 3 of 9) Explanations. COOK COUNTY TRUCK DRIVERS (WEST) - That part of the county West of Barrington Road. The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial/Decoration Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day. Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration such as the day after Thanksgiving for Veterans Day. If in doubt, please check with IDOL. EXPLANATION OF CLASSES ASBESTOS - GENERAL - removal of asbestos material from any place in a building, including mechanical systems where those mechanical systems are to be removed. This includes the removal of asbestos materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close future date. ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where; the mechanical systems are to remain. CERAMIC TILE FINISHER The grouting, cleaning, and polishing of all classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed products; all composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass, mosaics, fiberglass, and all substitute materials, for tile made in tile-like units,- all mixtures in tile like form of cement, metals, and other materials that are for and intended for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings, swimming pools, and all other places where tile is to form a finished interior or exterior. The mixing of all setting mortars including but 12/17/2003 REPORTS OF COMMITTEES (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 25) Prevailing Wages. (Page 4 of 9) Explanations. not limited to thin-set mortars, epoxies, wall mud, and any other sand and cement mixtures or a(ihesives when used in the preparation, installation, repair, or maintenance of tile and/or similar materials. The handling and unloading of all sanci, cement, lime, tile, fixtures, equipment, a\V^\^J O J 15374 JOURNAL-CITY COUNCIL-CHICAGO F. Brief description of contract, transaction or other undertaking (refen-ed to below as the "Matter") to which this EDS pertains. (Include project number and location if applicable): .1^ /i ( A x G. Is the Matter a procurement? [ ] Yes H, If a procurement, Specification # Contract # L If not a procurement 1. City Agency requesting E D S : _ D e t o L _ £ i _ ? U « J ' ^ ' ' * ^ 5 , . 12/17/2003 -TA^ *^e,vjeAoi^(rvte«^ 2. Cityactionrequested(e.g. loan, grant, sale of property): ^ . t y Cot.»oc.(i-approval ^ o ^ 3 lfpropertyinvolved.listp2Pertylo.^tion:PJ--/jJ^^ SECTION ONE; DISCLOSURE OF OWNERSHIP INTERESTS A NATURE OF ENTITY 1. Indicate whether the Undersigned is an individual or legal entity: [ ] Individual [] Limited Liability Company [ j Business corporation [ j Joint venture [] Sole proprietorship HT Not-for-profit corporation (Is the not-for-profit corporation also a 501 (c)(3))? []Yes HTJo [ ] General partnership [] Other entity (please specify) [ ] Limited partnership State of incorporation or organization, if applicable: ll.Lt»iovS> For legal entities not organized in the Stateof Illinois: Is the organization authorized to do business in the State of Illinois as a foreign entity? []Yes []No (^N/A 12/17/2003 B. REPORTS OF COMMITTEES 15375 ORGANIZATION INFORMATION 1. IF THE UNDERSIGNED IS A CORPORATION: a. List below the names and titles of all executive officers and all directors of the corporation. For not-for-profit corporations, also list below any executive director of the corporation, and indicate all members, if any. who are legal entities. If there are no such members, write "no members." Name ± ,t^ Title Ui^-A.«».MJfl.TT>cJ PtttC<.iDgK/r b(1). If the Matter Is a procurement and the Undersigned is a corporation whose shares are registered on a national securities exchange pursuantto the Securities Exchange Act of 1934, please provide the following information conceming shareholders who own shares equal to or in excess of 7.5% of the corporation's outstanding shares. Name Business Address Percentage interest b(2). Ifthe Matteris not a procurement, and the Undersignedis a corporationwhose shares are registered on a national securities exchange pursuant to the Securities Exchange Act of 1934, please provide the following infomiation conceming shareholders who own shares equal to or in excess of 10% of the corporation's outstanding shares. Name Business Address Percentage Interest 15376 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Edgewater Chamber of Commerce Board of Directors & Staff 2003 Chairman of the Board JackSweetman President Timothy Harrington Weinstein Family Funeral Services Barr Funeral Home Vice Presidents Executive David Frederickson State Farm Insurance Business & Customer Safety John Sink Dominick's Finer Foods Business Education Clifton Truman Daniel Truman College Image & Promotions Jim McHale North Community Bank Street Improvements Barbara Bernsen Bernsen Management Secretary Gregory J. Lindeman Piser Chapels Treasurer First Commercial Bank Ailisa Herrera Directors Sisay Abebe Karen Cash-McNeel Jennifer Clark Dorothy Fields Alexi Giannoulias Mike Khoury Alan H. Klein Marion Kozlowski Laura Lee Larry Little Randy Marras Shenwin Packer Jaclyn Sperando Jim Stolier Helen Wagner Ethiopian Diamond Restaurant South & West Loyola University Chicago A.S.C.O. Broadway Bank Castle Food & Liquors Alan Klein & Assoc. Kindred Chicago Hospital Uptown National Bank The ACT Group Pause Ollie's Lounge / Orchard Realty MB Financial Bank The Building Group H.M. Wagner Realty Services 12/17/2003 REPORTS OF COMMITTEES 15377 c. For corporations that are not registered on a national securities exchange pursuantto the Securities Exchange Act of 1934, list below the name, business address and percentage of ownership interest of each shareholder. Name Business Address Percentage Interest 2. IF THE UNDERSIGNED IS A PARTNERSHIP OR JOINT VENTURE: For general or limited partnerships or joint ventures: list below the name, business address and percentage of ownership interest of each partner. For limited partnerships, Indicate whether each partner is a general partner or a limited partner. Name Business Address Percentage Interest 3. IF THE UNDERSIGNED IS A LIMfTED LIABILITY COMPANY: a. Listbelowthe name, business address and percentageof ownership interest of each (i) member and (ii) manager. If there are no managers, write "no managers," and indicate how the company Is managed. Name Business Address Percentage Interest b. List below the names and titles of all officers, If any. If there are no officers, write "no officers." Name Title 15378 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 4. IF THE UNDERSIGNED IS A LAND TRUST, BUSINESS TRUST. ESTATE OR OTHER SIMILAR ENTITY: a. List below the name and business address of each individual or legal entity holding legal title to the property that is the subject of the tmst. Name Business Address b. List below the name, business address and percentage of beneficial interest of each beneficiary on whose behalf title is held. Name Business Address Percentage Interest 5. IF THE UNDERSIGNED IS ANY OTHER LEGAL ENTITY, first describe the entity, then provide the name, business address, and the percentage of interest of all individuals or legal entities having an ownership or other beneficial interest in the entity. Describe the entity: Name Business Address Percentage Interest 12/17/2003 REPORTS OF COMMITTEES 15379 SECTION TWO: BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS A DEFINITIONS AND DISCLOSURE REQUIREMENT 1. The Undersigned must indicate whether rt had a "business relationship" with a City elected official in the 12 months before the date this EDS is signed. 2. Pursuant to Chapter 2 -156 ofthe Municipal Code of Chicago (the "Municipal Code"), a "business relationship" means any "contractual or other private business dealing" of an official, or his or her spouse, or of any entity in which an official or his or her spouse has a "financial interest" with a person or entity which entitles an official to compensation or payment in Uie amount of $2,500 or more in a calendar yean but a "financial Interesf does not include: (i) any ownership through purchase at fair mari . M r ? ^ \ / p t . r - ^ r . n i a ^ j ^ h ^ ^ ' k l . M O t ^ O ^ C ^ ^i^'^(.NOfTC^i^f^OOO CSV J S i i i u B r x . ^ u < r y ~12>2.6,^r^^o .col^;50LTA<^, if/0J5bo ^ e r r . S. R. PengoMP^Ni^ A;ai >j.Lfr<^A-Leayg;Q^ U6(oo{.cc^r'A\x^ <^/6'ysLIS" ;Po I ] C H E C K HERE F NO SUCH INDIVIDUALS HAVE BEEN RETUNEO BY TME U NDERSXit^ED OR ARE ANiaPATBJTO BE RETAINED BY THE U N D E R S K S N E D . 12/17/2003 REPORTS OF COMMITTEES SECTION FOUR: CERTIFICATIONS I. CERTIFICATION OF COMPUANCE For purposes of the certifications in A, B. and C below, the term "affiliate" means any individual or entity Uiat, directiy or indirectiy: controls tiie Undersigned, is controlled byttieUndersigned, or is, wrth the Undersigned, under common conta-ol of another individual or entity. Indicia of control include, wrthout limitation: interlocking managementor ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business wtth the federal govemment or a state or local govemment, including the Crty, using substantially tiie same management, ownership, or principals as Uie ineligible entity. A. The Undersigned is not delinquent in the payment of any tax administeredbyttieIllinois Department of Revenue, nor aretfieUndersigned or its affiliates delinquentin paying any fine, fee, tax or other charge owed to the City. This includes all water charges, sewer charges, license fees, periling tickets, property taxes or sales taxes. If there are any such delinquencies, note them below: .^ bU If the letters "NA" tiie word "None," or no response appears on the lines above, rt will be conclusively presumed that the Undersigned certified to the above statements. B. The Undersigned and rts affiliates have not, in tiie past five years, been found in violation of any City, state or federal environmental law or regulation. If there have been any such violations, note tiiem below: r If Uie letters "NA." ttie word "None," or no response appears on the lines above, rt will be conclusively presumed that the Undersigned certified to the above statements. 15381 15382 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 0. If the Undersigned is Uie Applicant, the Undersigned and its affiliates will not use, nor permrtttieirsubcontractors to use, any facility on the U.S. EPA's List of Violating Facilities in connection wrth the Matter for the duration oftimethat such facility remains on the list. D. If the Undersigned is tfie Applicant, the Undersigned will obtain frcim any conb'actors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to Uiose in Section Four. I. (A-C) above and will not, without Uie prior written consent of the City, use any such contractor/subcontractorthat does not provide such certifications or that the IJndersigned has reason to believe has not provided or cannot provide truthful certifications. If the Undersigned is unable to make the certifications required in Section Four, paragraph I (C) and (D) above, provide an explanation: If the letters "NA," Uie word "None," or no response appears on the lines above, rt will be conclusively presumed that the Undersigned certified to the above statements. lj. CHILD SUPPORT OBLIGATIONS - CERTIFICATION REGARDING COURTORDERED CHILD SUPPORT COMPLIANCE For purposes of this part, "Substantial Owner" means any individual who, directty or indirectiy, owms or holds a 10% or more interest in the Undersigned./Vote: This may include individuals disclosed in Section One (Disclosure of Ownership Interests), and individuals disclosed in an EDS filed by an entity holding an interest in the Applicant. If the Undersigned's response below is #1 or #2, then all of tiie Undersigned's Substantial Owners must remain in compliance wrth any such child support obligations until the Matteris completed. Failure of the Undersigned's Substantial Owners to remain in compliance wfth their child support obligationsin the manner set forth In either#1 or #2 constitutes an eventof defautt. 12/17/2003 REPORTS OF COMMITTEES 15383 Check one: 1. No Substantial Owner has been declared in arrearage on any child support obligations by the Circuit Court of Cook County, Illinois or by another Illinois court of competent jurisdiction. 2. The Circurt Court of Cook County, Illinois or another Illinois court of competent jurisdiction has issued an order declaring one or more Substantial Owners in an-earage on child support obligations. All such Substantial Owners, however, have entered into court-approved agreements for ttie payment of all such child support owed, and all such Substantial Owners are in compliance wrth such agreements. 3. The Circuit Court of Cook County, Illinois or anottier Illinois court of competent jurisdiction has issued an order declaring one or more Substantial Owners in arrearage on child support obligations and (a) at least one such Substantial Owner has not entered into a court-approved agreement for the payment of all such child support owed; or (b) at least one such Substantial Owner is not in compliance witti a courtapproved agreement for the payment of all such child support owed; or both (a) and (b). V 4. ni. There are no Substantial Owners. FURTHER CERTIFICATIONS A. The Undersigned and. if the Undersigned is a legal entity, its principals (officers, directors, partners, members, managers, executive director): 1. are not presently deban-ed. suspended. proposed for debamient, declared ineligible or voluntarily excludedfi-omany transactions by any federal, state or local unrt of govemment; 2. have not, wrthin a five-year period preceding the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public ttansaction; a violation of federal or state antitmst statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property; 15384 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 3. are not presently indicted for or otherwise criminally or civilly charged by a govemmental entity (federal, state or local) with commission of any of ttie offenses enumerated in clause (A)(2) of this section; 4. have not, wittiin afive-yearperiod preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and 5. have not, within a five-year period preceding the date of this EDS. been convicted, adjudged guilty, orfound liable in a civil proceeding, in any criminal or civil action instituted by the Crty or by the federal government, any state, or any other unrt of local govemment. The certifications in subparts B and D concem: • the Undersigned; • any party participating in the pertormance of the Matter ("an Applicable Party"); • any "Affiliated Entity" (meaning an individual or entity ttiat, directiy or indirecUy: conti-ols the Undersigned, is controlled by the Undersigned, or is, with the Undersigned, under common contiDl of another individual or entity. Indicia of confrol include, wrthout limrtation: interiocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local govemment, including the City, using sut>stantiallyttiesame management, ownership, or principals as the ineligible entity); with respectto Applicable Parties, the tenm Affiliated Entity means an individual or entity that directly or indirectiy controls the Applicable Party, is controlled byrt,or, with the Applicable Party, is under common control of another individual or entrty; • any responsible official of the Undersigned, any Applicable Party or any Affiliated Entrty or any other official, agent or employee of the Undersigned, any Applicable Party or any Affiliated Entity, acting pursuantto the direction or authorization of a responsible official ofttieUndersigned,any Applicable Party or any Affiliated Entity (collectively "Agents"). Nerthertiie Undersigned, nor any Applicable Party, nor any Affiliated Entity of erther ttie Undersigned or any Applicable Party nor any Agents have, during the five years before the datettiisEDS is signed, or, wrth respectto an Applicable Party, an Affiliated Entity, or an Affiliated Entity of an Applicable Party during the five years before the date of such Applicable Party's or Affiliated Entit/s contract or engagementin connecfion wfth tiie Matter 12/17/2003 REPORTS OF COMMITTEES 15385 1. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee ofthe Crty.ttieState of Illinois, or any agency of the federal govemment or of any state or local govemment in the United States of America, in that officer's or employee's official capacity; 2. agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid afixedprice or otherwise; or 3. made an admission of such conduct described in (1) or (2) above that is a matter of record, but have not been prosecuted for such conduct; or 4. violated the provisions of Section 2-92-610 of the Municipal Code (Living Wage Ordinance). C. The Undersigned understands and shall comply with (1) the applicable requirements of the Govemmental Ethics Ordinance of the City, Trtle 2, Chapter 2 -156 of the Municipal Code; and (2) all the applicable provisions of Chapter 2-56 of the Municipal Code (Office of the Inspector General). D. Neither the Undersigned, Affiliated Entity or Applicable Party, or any of ttieir employees, officials, agents or partners, is ban-ed from confr-acting with any unit of state or local govemment as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating. E. If the Undersigned is unable to certify to any ofthe above statements in this Part III, ttie Undersigned must explain below: If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumedttiatthe Undersigned certified to tfie above statements. 15386 JOURNAL-CITY COUNCIL-CHICAGO ly. 12/17/2003 CERTIFICATION QF STATUS AS FINANCIAL INSTITUTION For purposes of this Part IV, under Section 2-32-455(b) of the Municipal Code, the term Tinancial institution" means a bank, savings and loan association,tiirift,credrt union, mortgage banker, mortgage broker, trust company, savings bank, investment bank, securities broker, municipal securities broker, securities dealer, municipal securities dealer, securities undenvriter. municipal securities undenvriter, investinenttrust, venture capital company, bank holding company,financialservices holding company, or any licensee under the Consumer Installment Loan Act. the Sales Finance Agency Act, or the Residential Mortgage Licensing Act However, "financial instihjtion" specifically shall not include any entity whose predominant business is the providing of tax deferred, defined contribution, pension plans to public employees in accordance with Sections 403(b) and 457 of the Intemal Revenue Code. [Additional definitions may be found in Section 2-32-455(b) of the Municipal Code.] A CERTIFICATION The Undersigned certifies that the Undersigned [check one] is y is not a Tinancial institution" as defined in Section 2-32-455(b) of the Municipal Code. B. If the Undersigned IS a financial Institution, then the Undersigned pledges: "We are not and will not become a predatory lender as defined in Chapter 2 -32 ofthe Municipal Code. Wefijrtherpledge that none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 of the Municipal Code. We understandttiatbecoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business wrth the City." Ifthe Undersigned is unable to make this pledge becausertor any of its affiliates (as defined in Section 2-32-455(b) ofthe Municipal Code) is a predatory lender wittiin the meaning of Chapter2-32 of the Municipal Code, explain here (attacii additional pages if necessary): 12/17/2003 REPORTS OF COMMITTEES 15387 If ttie letters *NA' the word "None,* or no response appears on the lines above, ft will be conclusively presumed Uiat Uie Undersigned certified to the above statements. y. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS Any words or terms that are defined In Chapter 2-156 of the Municipal Code ha ve the same meanings when used in this Part V. 1. In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of the City have afinancialinterest in his or her own name or in the name of any ottier person in the Matter? [JYes UNO NOTE: If you answered "No" to Item V(1), you are not required to answer Items V(2) or (3) below. Instead, review the certification in item V(4) and then proceed to Part VI. If you answered "Yes" to Item V(1), you must first respond to Kem V(2) and provide the Information requested in Item V(3). After responding to those Items, review the certification In Item V(4) and proceed to Part VI. 2. Unless sold pursuant to a process of competitive bidding, no City elected official or employee shall have afinancialinterest in his or her own name or in the name of any ottier person in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at Uie suit of Uie City (collectively, "City Property Sale"). Compensation for property taken pursuant to the Crty's eminent domain power d oes not constitute afinancialinterest wrthinttiemeaning of this Part V. Does the Matter involve a City Property Sale? []Yes []No 3. If you answered "yes" to Item V(1), provide the names and business addresses of the City officials or employees having such interest and identify tiie nahjre of such interest Name Business Address NahJre of Interest 15388 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 4. The Undersigned further certifies that no prohibitedfinancialinterest in the Matter will be acquired by any City official or employee. VL CERTIFICATION REGARDING SLAVERY ERA BUSINESS The Undersigned has searched any and all records of ttie Undersigned and any and all predecessor entities for records of investments or profitsfi-omslavery, the slave industiy. or slaveholder insurance policies from the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves) and has disclosed in this EDS any and all such records to the City. In addition,ttieUndersigned must disclose the names of any and all slaves or slaveholders described in those records. Failure to comply wittittiesedisclosure requirements may make the Matterto which this EDS pertains voidable byttieCrty. Please check either (1) or (2) below. Ifthe Undersigned checks (2), the Undersigned must disclose below or In an attachment to this EDS all requisite information as set forth in that paragraph (2). _ y _ ^ . The Undersigned verifiesttiat(a) the Undersigned has searched any and all records of the Undersigned and any and all predecessor entities for records of investments or profits from slavery, the slave industry, or slaveholder insurance policies, and (b) the Undersigned has found no records of investinents or profrtsft-omslavery, the slave industry, or slaveholder insurance policies and no records of names of any slaves or slaveholders. 2. The Undersigned verifies ttiat, as a result of conducting the search in step (1)(a) above, the Undersigned has found records relating to investments or profits fnam slavery, ttie slave industry, or slaveholder insurance policies and/or the names of any slaves or slaveholders. The Undersigned verifies that the following constitutes full disclosure of all such records: 12/17/2003 SECTION FIVE: I. REPORTS OF COMMITTEES CERTIFICATIONS FOR FEDERALLY-FUNDED MATTERS CERTIFICATION REGARDING LOBBYING A. List belowtfienames of all individuals registered under the federal Lobbying Disclosure Act of 1995 who have made lobbying contacts on behalf ofttieUndersigned with respect to tfie Matter: [Begin list here, add sheets as necessary]: ll pfno explanation appears or begins on the lines above, or If the letters "NA" or If the word "None" appear. It will be conclusively presumed that the Undersigned means that NO Individuals registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Undersigned with respect to the Matter.] B. The Undersigned has not spent and will not expend any federally appropriated funds to pay any individual listed in Paragraph (A) above for his or her lobbying activitiesor to pay any individual to influence or attempt to influence an officeror employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federallyfunded conti*act, making any federallyfunded grantor loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federallyfijndedcontract, grant, loan, or cooperative agreement. C. The Undersigned will submrt an updated certification at the end of each calendar quarter in vrtiich tiiere occurs any event that materially affects the accuracy of the statements and infonnation set forth in paragraphs 1(A) and 1(B) above. If the Matter is federally funded and any funds ottier than federally appropriated funds have been or will be paid to any individual for influencing or attempting to influence an officer or employee of any agency (as defined by applicable federal law), a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection vfltti ttie Matter, the Undersigned must complete and submrt Standard Fomn-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The form may be obtained onlinefix>mttiefederal Office of Management and Budget (OMB) web site at httP'7/vww.whrtehouse.gov/omb/Qrants/sflllin.pdf. linked on ttie page httt)://www.vyhrtehouse.oov/omb/grants/qrants forms .html. 15389 15390 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 D. The Undersigned certifies tfiat either (i)rtis not an organization described in section 501(c)(4) of the Intemal Revenue Code of 1986; or (ii) rt is an organization described in section 501(c)(4) of the Intemal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities". E. Ifthe Undersigned is the Applicant, the Undersigned must obtain certifications equal in form and substance to paragraphs 1(A) through 1(D) abovefi-omall subcontractors before it awards any subconti-act and ttie Undersigned must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to ttie City upon requesL IL CERTIFICATION REGARDING NONSEGREGATED FACILITIES A. If the Undersigned is the Applicant, ttie Undersigned does not and will not maintain or provide forrtsemployees any segregated facilities at any of its establishments, anditdoes not, and will not permtt rts employees to perform their services at any location under rts control where segregated facilities are maintained. "Segregated facilities," as used in this provision, means any waiting rooms, work areas, restrooms, washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, periling lots, drinking fountains, recreation or entertainmentareas,tiansportation,and housing pnsvided for employees,tfiatare segregated by explidt directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of habit, local or employee custom, or othenvise. However, separated or single-user restrooms and necessary dressing or sleeping areas must be provided to assure privacy between the sexes. B. IftfieUndersigned is the Applicantand the Matter is federallyfunded, the Undersigned will, before the award of subcontf-acts (if any), obtain identical certifications from proposed subcontractors under whichttiesubcontractorwill be subjectto ttie Equal Opportunity Clause. Conttttcts and subcontiacts exceeding $10,000, or having an aggregate value exceeding $10,000 in any 12-montfi period, are generally subject to tfie Equal Opportunity Clause. See 41 CFR F^rt 60 for further infonnation reganjing the Equal Opportunity Clause. The Undersigned must retaintfiecertifications required bytfiisparagraph (B) for the duration of the contract (if any) and must make such certifications promptly available to the Crty upon requesL 12/17/2003 REPORTS OF COMMITTEES 15391 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES Subcontractors must submit to the Contractor a Certification of Nonsegregated Facilities before tlie award of any subcontract under wtiich the subcontractorwill be subject to the federal Equal Opportunity Clause. The subcontractormay submit such certifications either for each subcontractor for all subcontracts during a period (e.g., quarterly, semiannually, or annually). in. CERTinCATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY Federal regulations require prospective contractors for federallyfunded Matters (e.g., the Applicant) and proposed subcontractorsto submit the following information with their bids or in writing at the outset of negotiations. (NOTE: This Part 111 Is t c be completed only if the Undersigned is the Applicant.) A. B. C. Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.) IlYes I I No tfWA Have you participated in any previous contracts or subcontractssubjectto the equal opportuni^ clause? IlYes llNo ^N/A Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Complianca Programs, orthe Equal EmploymentOpportunity Commission all reports due underthe applicable filing requirements? UYes llNo \^U/A SECTION SIX: NOTICE AND ACKNOWLEDGMENT REGARDING GOVERNMENTAL ETHICS AND CAMPAIGN FINANCE ORDINANCES CITY The City's Govemmental Ethics and Campaign Financing Ordinances, Chapters2-156and2164 of the Municipal Code, impose certain duties and obligations bn individuals or entities seelcing City contracts, wortc. business, or transactions. The Board ofEthics has developed an ethics training program for such individuals and entities. The full text of these ordinances and the training program is available on line at www.citvofchicaao.oro/Ethics/. and may also be obtained from the City's Board of Ethics, 740 N. Sedgwick St., Suite 500, Chicago, IL 60610, Telephone: (Omitted f o r p r i n t i n g p u r p o s e s ) . 15392 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 The f o l l o w i n g i s d e s c r i p t i v e o n l y and does n o t p u r p o r t t o c o v e r every a s p e c t of Ctiapters 2-156 and 2-164 of t h e Municipal Code. The Undersigned must comply f u l l y w i t h t h e a p p l i c a b l e o r d i n a n c e s . ^ BY CHECKING THIS BOX THEUNDERSIGNED ACKNOWIHXSESTHM •me U NDERSIGNED UNDERSTANDS THAT THE C H V S GOVERNMENTAL E T H I C S AND CAMPAIGN FINANCING ORDINANCES, AMONG OTHER THINGS : 1) Provide that any contract negotiated, entered Into or performed in violation of the City's ethics laws can be voided by the City. 2) Limit the gifts and favors any individual or entity can give, or offer to give, to any City offlcial, employee, contractor or candidate for elected City offlce or thie spouse or minor child of any of them, including: a. b. any cash gift or any anonymous gift; and any gill based on a mutual understanding that the City offlcial's or employee's or City contractor's actions or decisions will be influenced in any way by the gift. 3) Prohibit any Cily elected offlcial or City employee from having a financial interest, diriectly or indirectly, in any contract, work, transaction or business ofthe City, if that interest has a cost or present value of $5,000 or more, or if that interest entitles the owner to receive more than S2,500 per year. 4) Prohibit any appointed City offlcial from engaging in any contract, wortc. transaction or business of the City, unless the matter Is v^olly unrelated to the appointed offlcial's duties or responsibilities. 5) Provide that City employees and officials, or their spouses or minor children, cannot receive compensation or anything of value in retum for advice or assistance on matters concerning the operation or business of the City, unless their services are wholly unrelated to their City duties arid responsibilities^ 6) Provide that former City employees and officials cannot, for a period of one year after their City employment ceases, assist or represent another on any matter involving the City if, while with the City, they were personally and substantially Involved in the same matter. 12/17/2003 7) REPORTS OF COMMITTEES 15393 Provide that former City employees and officials cannot ever assist or represent another on a City contract if, while with the City, they were personally involved in or directly supervised the fonnulation, negotiation or execution of that contract SECTION SEVEN: CONTRACT DISCLOSURE INCORPORATION. COMPLIANCE. PENALTIES. The Undersigned understands and agrees that: A. The certiflcations, disclosures, and acknowledgments contained in this EDS wili become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution ofany contract or taking other action with respect to the Matter. The Undersigned understands that it must complywith all statutes, ordinances, and regulations on which this EDS Is based. B. Ifthe City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the Citymay pursue any remedies underthe contractor agreement (if not rescinded, void or voidable), at law, or in equity, including tenninating the Undersigned's participation in he Matter and/or declining to allow the Undersigned to participate in other transactions with the City. C. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Intemet, in response to a Freedom of Infonnation Act request, or otherwise. By completing and signing this EDS, the Undersigned waives and releases any possible rights or claims which it may have against the City in connectionwith the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any infomiation submitted in this EDS. D. The Undersigned has not withheld or reserved any disclosures as to economic interests in the Undersigned, or as to the Matter, or any infomiatioa data or plan as to the intended use or purpose for which the Applicant seeks City Council or other City agency action. E. The infomiation provided in this EDS must be kept current. In the event of changes, the Undersigned must supplement this EDS upto the time the City takes action on the Matter. 15394 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 CERTIFICATION Under penalty of perjury, the person signing below: (1) wan-ants that he/she is authorized to execute this EDS on behalf of the Undersigned, and (2) wan-ants that all certiflcations and statements contained in this EDS are true, accurate and complete as of the date fumished to the City. Date: (Pnnt or lypa name oUhdividuai or legal entity aubmltting ttija tnia EOS) Ll*5mrnerc£. d^ 3ioaB By: Print or type name of signatory: Tifle of signatory: Subscribed to before m e o n [date] Istatel. /*^ " ^ - ^-^'e - j gt Notary Public. Commission expires:. c?r\aALseM. r.oLANDosAmuao Mvi^issi2fc.a5^ Mycommlwlon Bvirw anefOS & . ^ County, 12/17/2003 REPORTS OF COMMITTEES 15395 (Sub)Exhibit 4. (To Service Provider Agreement For Special Service Area Number 26) Contractor's Insurance Provisions Special Service Area Number 26 East Edgewater Chamber Of Commerce. The Contractor must provide and maintain at Contractor's own expense, during the term of this Agreement, and during the time period following expiration if Contractor is required to return and perform additional Services, the insurance coverages and requirements specified below, insuring all operations related to the Agreement. A. Insurance To Be Provided. 1) Workers' Compensation And Employer's Liability. Workers' Compensation, as prescribed by applicable law, covering all employees who are to provide a service under this Agreement and Employer's Liability coverage with limits of not less than One Hundred Thousand Dollars ($100,000) each accident or illness. 2) Commercial General Liability (Primary And Umbrella). Commercial General Liability Insurance or equivalent with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage liability. Coverage must include the following: all premises and operations, products/completed operations, separation of insureds and contractual liability (with no limitation endorsement). The City ofChicago is to be named as additional insureds i on a primary, noncontributory basis for any liability arising directly or indirectly from the Services. 3) Automobile Liability (Primary And Umbrella). When any motor vehicles (owned, non-owned and hired) are used in 15396 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 connection with work to be performed, the Contractor must provide Automobile Liability Insurance with limits of not less than One Million Dollars ($ 1,000,000) per occurrence for bodily injury and property damage. 4) Professional Liability. When any professional consultants (e.g., C.P.A.s, attomeys, architects, engineers, construction managers) perform work in connection with this Agreement, Professional Liability Insurance covering acts, errors or omissions must be maintained with limits of not less than Five Hundred Thousand Dollars ($500,000). Coverage must include contractual liability. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede, start of work on the Agreement. A claims-made policy which is not renewed or replaced must have an extended reporting period of two (2) years. 5) Crime. Contractor must be responsible for all persons handling funds under this Agreement, against loss by dishonesty, robbery, burglary, theft, destruction or disappearance, computer fraud, credit card' forgery and other related crime risks. The Contractor may self-insure for this exposure. B. Security Firms. If the Contractor enters into a subcontract with a Security Firm, such Security Firm must be certified by the State oflllinois, and the Security Firm's employees must be registered and certified by the State. Contractor must ensure and require any Security Firm subcontractor to comply with the Risk Management Division approved Security Firm Insurance Provisions set forth in (Sub)Exhibit 5 of this Agreement, attached hereto and incorporated by references as though fully set forth herein. C. Other Requirements. The Contractor will fumish the City of Chicago, Department of Planning and Development, Community and Neighborhood Development, Room 1000, 121 North 12/17/2003 REPORTS OF COMMITTEES 15397 LaSalle Street, 60602, original Certificates of Insurance evidencing the required coverage to be in force on the date of this Agreement, and Renewal Certificates of Insurance, or such similar evidence, ifthe coverages have an expiration or renewal date occurring during the term of this Agreement. The Contractor must submit evidence of insurance on the City of Chicago Insurance Certificate of Coverage Form (copy attached) prior to award of this Agreement. The receipt of any certificate does not constitute agreement by the City that the insurance requirements in the Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all requirements of this Agreement. The failure of the City to obtain certificates or other insurance evidence from Contractor must not be deemed to be a waiver by the City. The Contractor must advise all insurers of the Agreement provisions regarding insurance. Non-conforming insurance must not relieve Contractor ofits obligation to provide insurance as specified herein. Nonfulfillment of the insurance conditions may constitute a violation of the Agreement, and the City retains the right to stop work until proper evidence of insurance is provided, or the Agreement may be terminated. The insurance must provide for sixty (60) days prior written notice to be given to the City in the event coverage is substantially changed, canceled or nonrenewed. Any deductibles or self-insured retentions on referenced insurance coverages must be bome by Contractors. The Contractor agrees that insurers must waive their rights of subrogation against the City of Chicago, its employees, elected officials, agents or representatives. The coverages and limits fumished by Contractor in no way limit the Contractor's liabilities and responsibilities specified within the Agreement or by law. Any insurance or self-insurance programs maintained by the City of Chicago do not contribute with insurance provided by the Contractor under the Agreement. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Agreement or any limitation placed on the indemnity in this Contract given as a matter of law. The Contractor must require all subcontractors to provide the insurance 15398 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 required herein, or Contractor may provide the coverage for subcontractors. All subcontractors are subject to the same insurance requirements of Contractor unless otherwise specified herein. IfContractor, or its subcontractors, desire additional coverage, the party desiring the additional coverages is responsible for the acquisition and cost. The City ofChicago Risk Management Department maintains the right to modify, delete, alter or change these requirements. [City of Chicago Insurance Certificate of Coverage Form referred to in these Contractor's Insurance Provisions unavailable at time of printing.] (Sub)Exhibit 5. (To Service Provider Agreement For Special Service Area Number 26) Security Firm Insurance Provisions Special Service Area Number 26 East Edgewater Chamber Of Commerce. The Security Firm must provide and maintain at Security Firm's own expense, until Contract completion, and during the time period following expiration if the Security Firm is required to r e t u m and perform additional Services, the insurance coverages specified below, insuring all operations related to the Contract. A. Insurance To Be Provided. 1) Workers' Compensation And Employer's Liability. Workers' Compensation, as prescribed by applicable law covering all employees who are to provide a service under this Contract and Employer's Liability coverage with limits of not less than Five Hundred Thousand Dollars ($500,000) each accident or illness. 2) Commercial General Liability (Primary And Umbrella). Commercial General Liability Insurance or equivalent with limits of not 12/17/2003 REPORTS OF COMMITTEES 15399 less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage liability. Coverage must include the following: all premises and operations, products/completed operations, separation of insureds and contractual liability (with no limitation endorsement). The S.S.A.C, the City of Chicago and the Contractor are to be named as additional insureds on a primary, noncontributory basis for any liability arising directly or indirectly from the work. 3) Automobile Liability (Primary And Umbrella). When any motor vehicles (owned, non-owned and hired) are used in connection with work to be performed, the Security Firm must provide Automobile Liability Insurance with limits of not less than One Million Dollars ($ 1,000,000) per occurrence for bodily injury and property damage. 4) Professional Liability. Professional Liability Insurance covering acts, errors or omissions must be maintained with limits ofnot less than One Million Dollars ($1,000,000). Coverage must include contractual liability. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede, start of work on the Contract. A claims-made policy which is not renewed or replaced must have an extended reporting period of two (2) years. B. Other Requirements. The Security Firm will fumish the Contractor original Certificates of Insurance evidencing the required coverage to be in force on the date of this Contract, and Renewal Certificates of Insurance, or such similar evidence, ifthe coverages have an expiration or renewal date occurring during the term of this Contract. The Security Firm must submit evidence of insurance prior to Contract award. The receipt ofany certificate does not constitute agreement by the Contractor that the insurance requirements in the Contract have been fully met or that the insurance policies indicated on the certificate are in compliance with all Contract requirements. The failure of the Contractor to obtain certificates or other insurance evidence from Security Firm must not be deemed to be a waiver by the Contractor. The Security Firm must advise all insurers ofthe Contract provisions 15400 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 regarding insurance. Nonconforming insurance must not relieve Security Firm of its obligation to provide insurance as specified herein. Nonfulfillment of the insurance conditions may constitute a violation of the Contract, and the Contractor retains the right to stop work until proper evidence pf insurance is provided, or the Contract may be terminated. The insurance must provide for sixty (60) days prior written notice to be given to the Contractor in the event coverage is substantially changed, canceled or nonrenewed. Any deductibles or self-insured retentions on referenced insurance coverages must be bome by Security Firm. The Security Firm agrees that insurers must waive their rights of subrogation against the Contractor and the City of Chicago, its employees, elected officials, agents or representatives. The coverages and limits furnished by Security Firm in no way limit the Security Firm's liabilities and responsibilities specified within the Contract or by law. Any insurance or self-insurance programs maintained by the Contractor must not contribute with insurance provided by the Security Firm under the Contract. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of law. The Security Firm must require all subcontractors to provide the insurance required herein, or Security Firm may provide the coverages for subcontractors. AU subcontractors are subject to the same insurance requirements of Security Firm unless otherwise specified herein. If Security Firm desires additional coverages, the Security Firm and each ofits subcontractors desiring the additional coverages is responsible for the acquisition and cost. The Contractor maintains the right to modify, delete, alter or change these requirements. 12/17/2003 REPORTS O F COMMITTEES 15401 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 26) Prevailing Wages. (Page 1 of 9) Cook County Prevailing Wage For November, 2003. Trade Name RG TYP„C Base FRMAN •M-F>8 OSA OSH H/W Pensn Vac B B B K S e e S S S C B S S S S B S S SB SBKCCB SSBCB SSSSBB ASBESTOS ABT-GEN ASBESTOS ABT-MEC BOILERMAKER BRICK MASON CARPENTER CEMENT MASON CERAMIC TILE FNSHER COMM. ELECT. ELECTRIC PWR EQMT OP ELECTRIC PWR GRNDMAN ELECTRIC PWR LINEMAN ELECTRICIAN ELEVATOR CONSTRUCTOR FENCE ERECTOR GLAZIER HT/FROST INSULATOR IRON WORKER LABORER LATHER MACHINIST MARBLE FINISHERS MARBLE MASON MILLWRIGHT OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER ORNAMNTL IRON WORKER =BE SS S S C B S S 5ESSKS ALL BLD BLD BLD ALL ALL BLD BLD ALL ALL ALL ALL BLD ALL BLD BLD ALL ALL BLD BLD ALL BLD ALL BLD BLD BLD BLD FLT FLT FLT FLT HWY HWY HWY HWY HWY ALL 29.000 29.750 1.5 23.300 24.800 1.5 35.600 38.800 2.0 30.550 32.550 1.5 33.320 34.820 1.5 34.000 35.000 2.0 24.450 0.000 2.0 29.940 32.340 1.5 33.000 38.450 1.5 25.740 38.450 1.5 33.000 38.450 1.5 33.650 36.150 1.5 35.655 40.110 2.0 23.540 24.790 1.5 29.000 30.000 1.5 30.450 32.200 1.5 32.580 34.080 2.0 29.000 29.750 1.5 33.320 34.820 1.5 33.230 34.980 2.0 24.050 26.050 1.5 30.550 32.550 1.5 33.320 34.820 1.5 1 35.700 39.700 2.0 2 34.400 39.700 2.0 3 31.850 39.700 2.0 4 30.100 39.700 2.0 1 38.350 38.350 1.5 2 36.850 38.350 1.5 3 32.800 38.350 1.5 4 27.300 38.350 1.5 1 33.900 37.900 1.5 2 33.350 37.900 1.5 3 31.300 37.900 1.5 4 29.900 37.900 1.5 5 26.700 37.900 1.5 . 30.B50 32.600 2.0 =S= SSS SBSSS Trng SSBKS 1.5 2.0 4.170 3.3B0 0.000 0.170 1.5 2.0 3.640 5.520 0.000 0.000 2.0 2.0 4.550 5.690 0.000 0.210 1.5 2.0 4.950 5.860 0.000 0.550 1.5 2.0 4.930 4.140 0.000 0.440 1.5 2.0 5.080 3.750 0.000 O.ISO 1.5 2.0 4.750 3.950 0.000 0.210 1.5 2.0 5.100 5.240 OlOOO 0.700 1.5 2.0 5.570 7.770 0.000 0.170 1.5 2.0 4.350 6.060 0.000 0.120 1.5 2.0 5.570 7.770 0.000 0.170 1.5 2.0 7.450 5.980 0.000 0.750 2.0 2.0 5.775 2.880 2.140 0.000 1.5 2.0 6.000 5.320 0.000 0.000 2.0 2.0 5.340 7.900 0.000 0.400 1.5 2.0 6.810 8.010 0.000 0.230 2.0 2.0 6.000 9.660 0.000 0.270 1.5 2.0 4.170 3.380 0.000 0.170 1.5 2.0 4.930 4.140 0.000 0.440 2.0 2.0 3.200 3.600 2.290 0.000 1.5 2.0 4.470 5.860 0.000 0.550 1.5 2.0 4.950 5.860 0.000 0.550 1.5 2.0 4.930 4.140 0.000 0.440 2.0 2.0 5.700 4.500 1.800 0.550 2.0 2.0 5.700 4.500 1.800 0.550 2.0 2.0 5.700 4.500 1.800 0.550 2.0 2.0 5.700 4.500 1.800 0.550 1.5 2.0 5.400 4.250 1.700 0.000 1.5 2.0 5.400 4.250 1.700 0.000 1.5 2.0 5.400 4.250 1.700 0.000 1.5 2.0 5.400 4.250 1.700 0.000 1.5 2.0 5.700 4.500 1.800 0.550 1.5 2.0 5.700 4.500 1.800 0,550 1.5 2.0 5.700 4.500 1.800 0.550 1.5 2.0 5.700 4.500 1.800 0.550 1.5 2.0 5.700 4.500 1.800 0.550, 2.0 2.0 6.000 7.870 0.000 0.750 JOURNAL-CITY COUNCIL-CHICAGO 15402 12/17/2003 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 26) Prevailing Wages. (Page 2 of 9) Cook County Prevailing Wage For November, 2003. Trade Name RG TYPH'C Base FRMAN *M-F>8 OSA OSH H/N t PAINTER PAINTER SIGNS PILEDRIVER PIPEFITTER PXASTERER PLUMBER ROOFER SHEETMETAL WORKER SIGN HANGER SPRINKLER FITTER STEEL ERECTOR STONE MASON TERRAZZO FINISHER TERRAZZO MASON TILE MASON TRAFFIC SAFETY WRKR TRtJCK TJRIVKR TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER ALI BLD ALL BLD BLD BLD BLD BLD BLD hU> E E E B H H W W ALL BLD BLD BLD BLD HWY ALL ALL ALL ALL ALL ALL ALL ALL BLD Pensn Vac Trng 4.400 0.000 2.040 0.000 4.140 0.000 5,350 0.000 5.450 0.000 3,040 0.000 2.460 0.000 6,790 0.000 1.890 0.440 5.000 0.000 9.660 0,000 5.860 0.000 4.630 0.000 5.550 0.000 4.750 0.000 1.800 0,000 3.200 0.000 3.200. 0.000 3.200 0,000 3.200 0.000 3.100 0.000 3.100 0.000 3; 100 0.000 3,100 0.000 5.340 0,000 0.340 0.000 0.440 0.000 0.400 0.390 0.320 0.490 0.000 0.450 0.270 0.550 0.200 0.160 0.430 0.000 0.000 0.000 O.OOO 0.000 0.000 0.000 0,000 0.000 0.580 BBC 31.350 25.530 33.320 34.000 29.990 36.000 30.850 30.730 22.530 33,700 32.580 30,550 25,140 29.050 29 .<50 22.050 1. 26.900 2 27,150 3 27.350 4 27.550 1 27.500 2 27.650 3 27.B50 4 28.050 32.200 35,260 28,660 34.820 36.000 30.990 38.000 32.850 33.190 23.380 35.500 34.080 32.550 0.000 30.550 31.850 23.550 27,550 27,550 27.550 27,550 28.050 28.050 28.050 28.050 33.200 1.5 1.5 1.5 l.s 1.5 1.5 1.5 1.5 1.5 2.0 2.0 1.5 2.0 2.0 2.0 1.5 1.5 1.5 1.5 1.5 1.5 1,5 1.5 1.5 1.5 1,5 1:5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 2.0 2.0 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 l.s 1.5 1.5 1.5 1.5 1.5 1.5 2.0 2.0 2,0 2.0 2,0 2,0 2,0 2.0 2.0 2.0 2,0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2,0 2,0 2.0 4,700 2,600 4,930 5.720 4.500 5,100 4.120 4.310 3.730 6.600 6,000 4.950 5.450 5.450 4.750 2.47B 4.200 4.200 4.200 4.200 4.200 4.200 4.200 4.200 3.760 Legend: M-F>B (Overtime is required for any hour greater than B worked each day, Monday through Friday. OSA (Overtime ie required for every hour worked on Saturday! OSH (Overtime is required for every hour worked on Sunday and Holidays) H/H (Health & Nelfare Insurance) Pensn (Pension) Vac (Vacation) Trng (Training) 12/17/2003 REPORTS OF COMMITTEES 15403 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 26) Prevailing Wages. (Page 3 of 9) Explanations. COOK COUNTY TRUCK DRIVERS (WEST) - That part of the county West of Barrington Road. The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial/Decoration Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day. Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration such as the day after Thanksgiving for Veterans Day. If in doubt, please check with IDOL. EXPLANATION OF CLASSES ASBESTOS - GENERAL - removal of asbestos material from any place in a building, including mechanical systems where those mechanical systems are to be removed. This includes the removal of asbestos materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close future date. ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where^ the mechanical systems are to remain. CERAMIC TILE FINISHER The grouting, cleaning, and polishing of all classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed products; all composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass, mosaics, fiberglass, and all substitute materials, for tile made in tile-like units; all mixtures in tile like form of cement, metals, and other materials that are for and intended for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings, swimming pools, and all other places where tile is to form a finished interior or exterior. The mixing of all setting mortars including but 15404 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 26) Prevailing Wages. (Page 4 of 9) Explanations. not limited to thin-set mortars, epoxies, wall mud, and any other sand and cement mixtures or adhesives when used in the preparation, installation, repair, or maintenance of tile and/or similar materials. The handling and unloading of all sand, cement, lime, tile, fixtures, equipment, adhesives, or any other materials to be used in the preparation, installation, repair, or maintenance of tile and/or similar materials. Ceramic Tile Finishers shall fill all joints and voids regardless of method on all tile work, particularly and especially after installation of said tile work. Application of any and all protective coverings to all types of tile installations including, but not be limited to, all soap compounds, paper products, tapes, and all polyethylene coverings, plywood, masonite, cardboard, and any new type of products that may be used to protect tile installations, Blastrac equipment, and all floor scarifying equipment used in preparing floors to receive tile. The clean up and removal of all waste and materials. All demolition of existing tile floors and walls to be re-tiled. COMMUNICATIONS ELECTRICIAN - Installation, operation, inspection, maintenance, repair emd service of radio, television, recording, voice sound vision production and reproduction, telephone and telephone interconnect, facsimile, data apparatus, coaxial, fibre optic and wireless equipment, appliances and systems used for the transmission and reception of signals of any nature, business, domestic, commercial, education, entertainment, and residential purposes, including but not limited to, communication and'telephone, electronic and soxind equipment, fibre optic and data commxmication systems, and the performance of euiy task directly related to such installation or service whether at new or existing sites, such tasks to include the placing of wire and cable and electrical power conduit or other raceway work within the equipment room and pulling wire and/or cable through conduit and the installation of any incidental conduit, such that the employees covered hereby can complete any job in full. MARBLE FINISHER Loading and unloading trucks, distribution of all materials (all stone, sand, etc.), stocking of floors with material, performing all rigging for heavy work, the handling of all mateiral that may be needed for the installation of such materials, building of scaffolding, polishing if needed, patching, waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble, 12/17/2003 REPORTS OF COMMITTEES 15405 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 26) Prevailing Wages. (Page 5 of 9) Explanations. holding water on diamond or Carborundum blade or saw for setters cutting, use of tvib saw or any other saw needed for preparation of material, drilling of holes for wires that anchor material set by setters, mixing up of molding plaster for installation of material, mixing up thin set for the installation of material, mixing up of sand to cement for the installatin of material and such other work as may be required in helping a Marble Setter in the handling of all material in the erection or installation of interior marble, slate, travertine, art marble, serpentine, alberene stone, blue stone, gremite and other stones (meaning as to stone any foreign or domestic materials as are specified and used in building interiors and experiors and customarily known as stone in the trade), carrara, sanionyx, vitrolite and similar opaque glass and the laying of all marble tile, terrazzo tile, slate tile and precast tile, steps, risers treads, base, or any other materials that may be used as substitutes for any of the aforementioned materials and which are used on interior and experior which sare installed in a similar manner. TERRAZZO FINISHER The handling of sand, cement, marble chips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the mixing, grinding, grouting, cleaning and sealing of all Marble, Mosaic, and Terrazzo work, floors, base, stairs, and wainscoting "by hand or machine, and in addition, assisting and aiding Marble, Masonic, and Terrazzo Mechanics. i TRAFFIC SAFETY Work associated with barricades, horses and drums used to reduce lane usage on highway work, the installation and removal of temporary lane markings, eUid the installation and removal of temporary road signs. TRUCK DRIVER - BUILDING, HEAVY'AND HIGHWAY CONSTRUCTION - EAST & WEST Class 1. Two or three Axle Trucks. A-frame Truck when used for tremsportation purposes; Air Compressors and Welding Machines, including those pulled by cars, pick-up trucks and tractors; Ambulances; Batch Gate Lockers; Batch Hopperman; Car and Truck Washers; Carry-alls; Fork Lifts and Hoisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors 2-man operation; Pavement Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors; Self-propelled Chip Spreader; Skipman; Slurry Trucks, 2-man operation; 15406 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 26) Prevailing Wages. (Page 6 of 9) Explanations. Slurry Truck Conveyor Operation, 2 or 3 man; TEamsters Unskilled dumpman; and Truck Drivers hauling waming lights, barricades, and portable toilets on the job site. Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or Turnatrailers when pulling other than self-loading equipment or similar equipment under 16 cubic yards; Mixer Trucks under 7 yards; Ready-mix Plant Hopper Operator, and Winch Trucks, 2 Axles. Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or turnapulls when pulling other than self-loading equipment or similar equipment over 16 cubic yards; Explosives and/or Fission Material Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Oil Distributors, 1-man operation; Pole Trailer, over 40 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry trucks, 1-man operation; Winch trucks, 3 axles or more; Mechanic--Truck Welder smd Truck Painter. Class 4, Six axle trucks; Dual-purpose vehicles, such as mounted creme trucks with hoist and accessories; Foreman; Master Mechanic; Self-loading equipment like P,B. and trucks with scoops on the front. OPERATING ENGINEERS - BUILDING Class 1. Mechanic; Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with Caisson attachment; Batch Plant; Benoto; Boiler and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant; Combination Back Hoe Front End-loader Machine; Compressor and Throttle Valve; Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Paver; Concrete Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted); Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes, (GCI and similar Type); Creter Crane; Crusher, stone, etc.; Derricks, All; Derricks, Traveling; Formless Curb and Gutter Machine; Grader, Elevating; Grouting Machines; Highlift Shovels or Front Endloader 2-1/4 yd. and over; Hoists, Elevators, outside type rack and pinion and similar machines; Hoists, one, two and three Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment); Locomotives, All; Motor Patrol; Pile Drivers and Skid Rig; Post Hole Digger; Pre-Stress Machine; Pump 12/17/2003 REPORTS OF COMMITTEES 15407 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 26) Prevailing Wages. (Page 7 of 9) Explanations. Cretes Dual Ram; Pump Cretes; Squeeze Cretes-screw Type Pumps; Raised and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor Drawn; Slip-form Paver; Straddle Buggies; Tournapull; Tractor with Boom and Side Boom; Trenching Machines. Class 2. Bobcat (over 3/4 cu. yd.); Boilers; Brick Forklift; Broom, All Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over); Conveyor, Portable; Forklift Trucks; Greaser Engineer; Highlift Shovels or Front Endloaders under 2-1/4 yd.; Hoists, Automatic; Hoists, inside Freight Elevators; Hoists, Sewer Dragging Machine; Hoists, Tugger Single Drum; Laser Screed; Rock Drill (self-propelled); Rock Drill (tr^ck mounted); Rollers, All; Steam Generators; Tractors, All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame. Class 3. Air Compressor; Combination - Small Equipment Operator; Generators; Heaters, Mechanical; Hoists, Inside Elevators - (Rheostat Manual Controlled); Hydraulic Power Units (Pile Driving, Extracting, and Drilling); Pumps, over 3" (1 to 3 not to exceed a total of 3 00 ft.); Pumps, Well Points; Welding Machines (2 through 5); Winches, 4 small Electric Drill Winches; Bobcat (up to and including 3/4 cu. yd.). Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick Forklift. OPERATING ENGINEERS - FLOATING ' Class 1. Craft foreman (Master Mechanic), diver/wet tender, engineer (hydraulic dredge). Class 2. Crane/backhoe operator, mechanic/welder, assistant engineer (hydraulic dredge), leverman (hydraulic dredge), and diver tender. Class 3. Deck equipment operator (machineryman), maintenance of crane (over 50 ton capacity) or backhoe (96,000 pounds or more), tug/launch operator, loader, dozer and like equipment on barge, breakwater wall, slip/dock or scow, deck machinery, etc. Class 4. Deck equipment operator (machineryman/fireman), (4 equipment units or more) and crane maintenemce 50 ton capacity and under or backhoe weighing 96,000 pounds or less, assistant tug operator. OPERATING ENGINEERS - HEAVY AND HIGHWAY CONSTRUCTION Class 1. Craft Foreman; Asphalt Plant; Asphalt Heater and Planer 15408 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 26) Prevailing Wages. (Page 8 of 9) Explanations. Combination; Asphalt Heater Scarfire; Asphalt Spreader; Autograder/GOMACO or other similar type machines; ABG Paver; Backhoes with Caisson attachment; Ballast Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi-Mix Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with attachments); Concrete Breaker (Truck Moxinted): Concrete Conveyor; Concrete Paver over 27E cu. ft.; Concrete Placer; Concrete Tube Float; Cremes, all attachments; Cranes, Hammerhead, Linden, Peco & Machines of a like nature; Crete Crane; crusher, Stone, etc.; Derricks, All; Derrick Boats; Derricks, Traveling; Dowell machine with Air Compressor; Dredges; Field Mechanic-Welder; Formless Curb and Gutter Machine; Gradall and Machines of a like nature; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard Rail Post Driver Mounted; Hoists, One, Two and Three Drum; Hydraulic Backhoes; Backhoes with shear attachments; Mucking Machine; Pile Drivers and Skid Rig; Pre-Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck Mounted; Roto Mill Grinder; Slip-Form Paver; Soil Test Drill Rig (Truck Mounted); Straddle Buggies; Hydraulic Telescoping Form (Tunnel); Tractor Drawn Belt Loader (with attached pusher - two engineers); Tractor with Boom; Tractaire with Attachments; Trenching Machine; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole; Drills (Tunnel Shaft); Undergrovmd Boring and/or Mining Machines; Wheel Excavator; Widener (APSCO). Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front Endloader Machine (less than 1 cu. yd. Backhoe Bucket or over or with attachments); Compressor and Throttle Valve; Compressor, Common Receiver (3); Concrete Breaker or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 7S Series to and including 27 cu. ft.; Concrete Spreader; Concrete Curing Machine, Burlap Machine, Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or Similar Type); Drills, All; Finishing Machine Concrete; Greaser Engineer; Highlift Shovels or Front Endloader; Hoist - Sewer Dragging Machine; Hydraulic Boom Trucks (All Attachments); Hydro-Blaster; All Locomotives, Dinky; Pump Cretes; Squeeze Cretes-Screw Type Pumps, Gypsum Bulker and Pump; Roller, Asphalt; Rotory Snow Plows; Rototiller, Seaman, etc., self-propelled; Scoops Tractor Drawn; Self-Propelled Compactor; Spreader - Chip - Stone, etc.; Scraper; Scraper - Prime Mover in Tandem (Regardless of Size); Tank Car Heater; Tractors, Push, Pulling Sheeps Foot, Disc, Compactor, etc.; Tug Boats. 12/17/2003 REPORTS OF COMMITTEES 15409 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 26) Prevailing Wages. (Page 9 of 9) Explanations. Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2); Concrete Mixer (Two Bag amd Over); Conveyor, Portable; Farm-Type Tractors Used for Mowing, Seeding, etc.; Fireman on Boilers; Forklift Trucks; Grouting Machine; Hoists, Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Pipe Jacking Machines; Post-Hole Digger; Power Saw, Concrete Power Driven; Pug Mills; Rollers, other than asphalt; Seed emd Straw Blower; Steam Generators; Stump Machine; Winch Trucks with "A" Frame; Work Boats; Tamper - Form-Motor Driven. Class 4. Air Compressor; Combination - Small Equipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic Power Unit (Pile Driving, Extracting, or Drilling); HydroBlaster; Light Plants, All (1 through 5); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Pumps, Well Points; Tractaire; Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches. Class 5. Bobcats (all); Brick Forklifts, Oilers. Other Classifications of Work: For definitions of classifications not otherwise set out, the Department generally has on file such definitions which are available. If a task to be performed is not subject to one of the classifications of pay set out, the Department will upon being contacted state which neighboring county has such a classification and provide such rate, such rate being deemed to exidt by reference in this document. If no neighboring coimty rate applies to the task, the Department shall undertake a special determination, such special determination being then deemed to have existed under this determination. If a project requires these, or any classification not listed, please contact IDOL at 618/993-7271 for wage rates or clarifications. LANDSCAPING Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of equipment used or its size) is covered by the classifications of operating engineer. The work performed by landscape truck drivers (regardless of size of truck driven) is covered by the classifications of truck driver. 15410 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 7. (To Service Provider Agreement For Special Service Area Number 26) Performance Bond Form. CONTRACTOR'S PERFORMANCE & PAYMENT BOND ^ n o f o ^ I ^ t n by tlfese ^ r e s e n i s , That we. Principal, hereinafter referred to as Contractor, and , Surety ^ t h e County of Cook and State of Illinois, are held and fumly bound unto the CITY OF CHICAGO in the penal sum of lawful money of the United States, for the payment of which sum of money, well and tnily to be made, we bind ourselves, our heirs, executois, administrators, successors and assigns, jointly and severally, fumly by ttese presents. f^tViitu with our seals and dated this day of AJ)., 20 ^\\t CDubxitoti of i\\t ^ o l i e dDbligaitoti ts suclf, That whereas the above bounden Contractor has entered into a certain contract with the CITY OF CHICAGO, bearing Contiact No. and Specification No. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ all in confonnity with said contract, for. The said contract is incoq>orated herein by reference in its entirety, including without limitation, any and all indenmification provisions. Now, if the said Contractor shall in all respects well and tmly keep and peifonn the said contract on its part, in acconlance with the terms and provisions of all of the Contract Documents comprising said contract, and in the time and manner therein prescribed, and fiirther shall save, indemnify, and keep hannless the City of Chicago against all loss, damages, clainu, liabilities, judgements, costs and expenses which may in anywise accnie against said City of Chicago, b consequence of the granting of said contract, or which may in anywise result therefrom, or which may result from strict liability, or which may in anywise resuh from any injuries to, or death of, any penon, or damage to any real or personal propeity, arising directly or indirectly from or in connection with, work performed or to be 12/17/2003 REPORTS OF COMMITTEES 15411 performed under said comract by said Contractor, iu Agents, Employees or Workmen, assignees, subcontracton, or anyone else, in any respect whatever, or which may resuh on account pf any infringement of any patent by reason of the materials, machinery, devices or apparatus used in the perfonnance of said contract, and moreover, shall pay to said City any sum or sums of ntoney determined by the Purchasing Agent, and/or by a coun of competent jurisdiction, to be due said City by reason of any failure or neglect in the perfonnance of the requirements of said contract wherefore the said Purchasing Agent shall have elected to suspend or cancel the same, and shall pay all claims and demands whatsoever, which may accrue to each and every materialman and subcontractor, and to each and every person who shall be employed by the said Contractor or by its assignees and subcontracton, in or about tbe performance of said contract, and with wages paid at prevailing wage rates if so required by said contract, and shall insure its liability to pay the compensation, and shall pay all claims and demands for compensation which may accrue to each and every penon who shall be employed by them or any of them in or about the perfonnance of said contract, or which shall accrue to the beneficiaries or dependents of any such penon, under the provisioas of the Worken" Compensation Act, 820 ILCS 305, as amended, and the Worken" Occupational Disease Act, 820 ILCS 310, as amended (hereinafler referred to as "Acts") then is this obligation to be null and void, otherwise to remain in full force and effect And it is hereby expressly undentood and agreed, and made a condition hereof, that any judgement rendered against said City in any suit based upon any loss, damages, claims, liabilities, judgements, costs or expenses which may in anywise accrue against said City as a consequence of the granting of said contract, or which may in anywise result therefiom, or which nuy in anywise result from any injuries to, or death of. any person, or damage to any real or penonal property, arising directly or indirectly from, or in connection with, woik perfoimed, or to be perfonned under said conoact by said Contractor or its agents, employees or woikmen, assignees, subcontractors, or anyone else and also any decision of the Industrial Commission of the State oflllinois. and any ottier of coun based upon such decision, or judgement thereon, rendered against said Qty of Chicago in any suit or claim arising under the aforementioned Acts when notice of the pendency or aibitration proceedings or suit shall have been given said Contractor, shall be conclusive against each and all parties to this obligation, as to amount, liability and all other ttiings pertaining thereto. f Every peison fimiishing inaterial or performing labor in the perfoniuuice of said contract, eittier as an individual, as a subcontractor, or otherwise, shaU have lhe hght to sue on this bond in the name of the City of Chicago for his use and benefit and in such suit said person as plaintiff, shall file a copy of this bond, cenified by the party or parties in whose charge this bond shall be, which copy shall be, unless execution thereof be denied under oath, prima facie evidence of the execution and delivery of the original; provided, that nothing in this bond contained shall be taken to make the Qty of Chicago liable to any subcontractor, nuterialman, laborer or to any other penon to any greater extent than it would have been liable prior to the enactment of the Public Consouction Bond Act, 30 ILCS 350, as amended; provided Aiither, that any penon having a claim for-iabn' and materials hunished in the perfoimance of this contract shall have no ri^t of action unless he shall have filed a verified notice of such claim with the Qerk of the Qty of Chicago within 180 days after the date of the last item of woik or the fiimishing of the last item of materials, and shall have fiunished a copy of such verified notice to the contiactor within 10 days of the filing ofthe nodoe with the Qty ofChicago. Sucb claim shall be verified and shall contain the name and address of the claimant, the business address of tiie claimant within the State of Illinois, if any, or if the claimant be a foreign coiporation having no place of business with the Sute the principal place of business of said coiporation, and in all cases of paimoship the names and residences of eadi of the paitnen, the name of the contractor for the Qty of Chicago, the name of the penon, fiimOTcoiporation by whom die claimant was employed or to whom such claimant fiunished materials, the amount of the claim and a brief description of the public improvement for the construction or installation of which the contract is to be perfonned. Provided, fiuther, that no defect in Itie notice herein provided for shall deprive the claimant of his right of action under the terms and provisions of this bond unless it shall affiimatively appear that such defect has prejudiced the rights of an interested pany asserting the same; provided, fiiither, that no action sball be brought until the expiration of one hundred twenty (120) days after the date of the last item of work or of the ftimishing of the last item of material, except in cases where the final settlement between the Qty of Chicago and the Contractor shall have been made prior to the expiration ofthe 120 day period in which case action may be taken immediately following such final setdement, and provided, fiuther, that no action of any kind shall be brought later than six (6) months after the acceptance by the Qty of Oiicago of the completion of wcalc Any suit upon this bond shall be brought only in a circuit coun of the State of Dlinois in the judicial district in which the contract shall have been perfoimed The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of any of the Contract Documents comprising said connect, or to the work to be performed thereunder, shall in anywise affect the obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said Contract Documenu or to ihe work. JOURNAL-CITY COUNCIL-CHICAGO 15412 12/17/2003 (Sod) .20_ Approved. (Seal) (Seal) Puitfaaiiiig Agent (Seal) Approved as to form inid legality: (Seal) (Seal) Assistant Corporation Counsel STATE OF ILLINOIS,! _ COUNTY OF COOK, J I , a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that. President and . Secretary of the. i who are personally known to me to be the same penons whose names are subscribed in the foregoing instrument as . President and. such. . Secretary, appeared before me tiiis day in penon and acknowledged that they signed, sealed and delivered the said instrument of writing as IS their firee and voluntary act, and as the free and voluntary act of the said for the uses and purposes therein set forth, and caused the corporate seal of said Company to be thereto attached. & GIVEN under my hand and Notarial Seal this \ day of Notary Public 20. 12/17/2003 REPORTS OF COMMITTEES 15413 { STATE OF ILLINOIS,! COUNTY OF COOK, J , a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY A a t . . of the § to be the same person 8 whose name ^who penonally known subscribed in the foregoing instrument as such. L appeared before m e this day in person and acknowledged that fa signed, sealed and delivered the said instrument of writing as fiee and voluntary act, and as the free and voluntaty act of the said for the uses and purposes therein set forth, and caused the coiporate seal of said Company to be thereto attached. CO GIVEN under my hand and Notarial Seal tiiis day of '^ ^20_ Notary Public ( STATE OF ILLINOIS,! COUNTY OF COOK, J , a Notary Public in and for ttie Coun^r and State •J aforesaid, DO HEREBY CERTIFY tiiat. ^1 h who personally known to me to be the same penons whose name instrument, appeared before me tiiis day in penon and acknowledged said instniment of writing as "6 he signed, sealed and delivered ttie fiee and voluntaiy act, for the uses and piuposes therein set foith. GIVEN under my hand and Notarial Seal w ttiat subscribed in the foregoing ttiis day of 20 Notary Public artc-iaaeii.26-i 15414 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 8. (To Service Provider Agreement For Special Service Area Number 26) Contractor Affidavit. Contractor Name: Special Service Area Number: Agreement ("Agreement"): Agreement between the City of Chicago and ^___ , relating to the provision of Special Services. dated, Affidavit. The undersigned, , as , and on behalf of , having been duly swom under oath, certifies that in the year , it performed all of the Services described in (Sub)Exhibit 1 ofthe Agreement in accordance with the terms ofthe Agreement and that it spent all funds obtained from the City in connection with that Agreement on the Services described in (Sub)Exhibit 1. Nothing in this Affidavit may be construed as limiting Contractor's obligations under the Agreement. All terms not defined in this Affidavit will be as defined in the Agreement. Under penalty of perjury, I certify that I am authorized to execute this Affidavit on behalf of the Contractor, that I have personal knowledge of the certifications made in this Affidavit and that they are true and correct. Name of Contractor: Signature of Authorized Officer Name of Authorized Officer (Print or Type) 12/17/2003 REPORTS OF COMMITTEES 15415 State of County of Swom to and acknowledged before me by as [title] of this day of , 20 . [name of signatory] [name of contracting party] Signature of Notary AUTHORIZATION FOR ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 2 7 , IMPOSITION OF TAX LEVY, APPROVAL OF 2 0 0 4 BUDGET AND EXECUTION OF SERVICE PROVIDER AGREEMENT. The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council Your Committee on Finance, having had under consideration an ordinance authorizing the establishment of Special Service Area Number 27, the imposition of a tax levy, the approval of the 2004 budget and the execution of a service provider agreement for Special Service Area Number 27, having had 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 viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. 15416 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Munoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Rebo5Tas, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore - 48. Nays — None. Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed: WHEREAS, Special service areas may be established pursuant to Article VII Sections 6(1) and 7(6) ofthe Constitution ofthe State oflllinois, and pursuant to the provisions ofthe Special Service Area Tax Law, 35 ILCS 200/27-5, et seq. (the "Act") and pursuant to the Revenue Act of 1939, 35 ILCS 2 0 5 / 1 , et seq. (the "Revenue Act"), as amended from time to time; amd WHEREAS, The City Council ofthe City ofChicago (the "City Council") determines that it is in the best interests ofthe City ofChicago (the "City") to establish a special service area to be known and designated as Special Service Area Number 27 (the "Area") to provide certain special govemmental services in addition to services provided generally by the City, all as further provided in this ordinance (the "Special Services"), and further determines to authorize the levy ofan annual ad valorem real property tax, for a period often (10) years in the Area sufficient to produce revenues required to provide those Special Services (the "Services Tax"); and WHEREAS, The City Council desires to authorize the execution of an agreement with a service provider for the provision of the Special Services in and for the Area in fiscal year 2004; now, therefore. Be It Ordained by the City Council of the City of Chicago: SECTION 1. Incorporation Of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. SECTION 2. Findings. The City Council finds and declares as follows: 12/17/2003 REPORTS OF COMMITTEES 15417 (a) the Area, as established by this ordinance, consists of contiguous territory in the City; (b) the City Council adopted an ordinance on October 1, 2003 authorizing a public hearing (the "Public Hearing") to consider the establishment ofthe Area and the levy of the Services Tax on the taxable property located in the Area to provide the Special Services; (c) notice of the Public Hearing was given by publication at least once not less than fifteen (15) days prior to the hearing in the Chicago Sun-Times, a newspaper published in and of general circulation within the City, and notice of the Public Hearing was also given by depositing said notice in the United States mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each property lying within the Area, not less than ten (10) days prior to the time set for the Public Hearing. For any properties for which taxes for the last preceding year were not paid, the notice was sent to the person last listed on the tax rolls prior to that year as the owner of the property; (d) the notice complied with all of the applicable provisions of the Act; (e) the Public Hearing was held on November 3, 2003 by the Committee on Finance ofthe City Council. All interested persons, including all persons owning real property located within the Area, were given an opportunity to be heard at the Public Hearing regarding any issues embodied in the notice and have had an opportunity to file with the City Clerk of the City written objections on such issues; (f) the Committee on Finance of the City Council has heard and considered all ofthe comments, objections, protests and statements made at the Public Hearing with regard to the issues embodied in the notice and has determined to recommend to the City Council that it is in the public interest and in the interest of the City and the Area to establish the Area and to authorize the levy of the Services Tax, all as provided in this ordinance; (g) the Public Hearing was finally adjourned on November 3, 2003; (h) the sixty (60) day period as described in Section 27-55 of the Act, in which an objection petition to this ordinance may be filed, commenced on November 3, 2003; and 15418 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (i) the City Council hereby finds and determines that it is in the best interests ofthe City that the Area be established and the Services Tax be authorized, all as set forth herein. SECTION 3. Area Established. There is hereby established a special service area located within the City to be known and designated as City of Chicago Special Service Area Number 27. The approximate street location of said territory consists of Lincoln Avenue, from George Street to Addison Street; Ashland Avenue, from Diversey Parkway to Addison Street; Belmont Avenue, from Paulina Street to Racine Avenue; and Southport Avenue, from Belmont Avenue to Byron Street. A legal description of the Area is attached as Exhibit 1 hereto and hereby incorporated herein. A map ofthe Area is attached as Exhibit 2 hereto and hereby incorporated herein. A list of permanent index numbers for the properties in the Area is attached hereto as Exhibit 3 and hereby incorporated herein. SECTION 4. Special Services Authorized. The Special Services authorized hereby include maintenance and beautification activities; security services, including, but not limited to, the development of safety programs; recruitment and promotion of new businesses to the Area and retention and promotion of existing businesses within the Area; coordinated marketing and promotional activities; strategic planning for the general development of the Area; financing of storefront facade improvements; and other technical assistance activities to promote commercial and economic development, including, but not limited to, streetscape improvements, strategic transit/parking improvements including parking management studies, and enhanced land-use oversight and control initiatives such as monitoring zoning and building code compliance (collectively, the "Special Services"). The Special Services shall be in addition to services provided to and by the City generally. SECTION 5. Authorization Of Levy. There is hereby authorized to be levied in each year beginning in 2003 through and including 2012 the Services Tax upon the taxable property within the Area to produce revenues required to provide the Special Services, said Services Tax not to exceed the sum of zero and two-tenths percent (0.2%)of the equalized assessed value of the taxable property within the Area. The Services Tax shall be in addition to all other taxes provided by law and shall be levied pursuant to the provisions of the Revenue Act. The levy of the Services Tax for each year shall be made by annual ordinance, commencing with this ordinance. SECTION 6. Appropriations. Based on the recommendation of the Department ofPIanning and Development, there is hereby appropriated the following sum in the amount and for the purposes necessary to provide the Special Services in and for the Area indicated as follows: 12/17/2003 REPORTS OF COMMITTEES 15419 Special Service Area Number 27 Special Service Area Budget. For the fiscal year beginning January 1, 2004 and ending December 3 1 , 2004. Expenditures Service Provider Agreement for the provision of Special Services $325,400 TOTAL BUDGET REQUEST: $325,400 Source Of Funding Tax levy at a rate not to exceed zero and two-tenths percent (0.2%) of the assessed value, as equalized, of taxable property within Special Service Area Number 27 $325,400 SECTION 7. Levy Of Taxes. There is hereby levied pursuant to the provisions of Article VII, Sections 6(a) and 6(1)(2) ofthe Constitution ofthe State oflllinois and pursuant to the provisions of the Act and pursuant to the provisions of this ordinance, the sum ofThree Hundred Twenty-five Thousand Four Hundred Dollars ($325,400) as the amount of the Services Tax for the tax year 2003. SECTION 8. Commission Authorized. There is hereby established the Lincoln/Belmont/Ashland Special Service Area Commission (the "Commission") which shall consist of nine (9) members. The Mayor, with the approval ofthe City Council, shall appoint the initial Commission members from a list of nominees submitted by the Lakeview Chamber of Commerce, an Illinois not-for-profit corporation (the "Organization"). Of the initial Commission members, five (5) members shall be appointed to serve for two (2) year terms, and four (4) shall be appointed to serve for one (1) year terms. Upon the expiration of the term of any Commission member, the Mayor, with the approval of City Council, shall appoint a successor Commission member from a list of nominees submitted by the 15420 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Organization. Other than the initial Commissioners, each Commission member shall be appointed to serve for a term of two (2) years and until a successor is appointed. In the event of a vacancy on the Commission due to resignation, death, inability to serve, removal by the Mayor or other reason, the Mayor, with the approval of City Council, shall appoint a successor from a list of nominees submitted by the Organization. Each successor so appointed shall serve for the remaining term for which h e / s h e was appointed. The Commission shall designate one member as the chairman ofthe Commission, and h e / s h e shall serve not more than two (2) successive two (2) year terms. The Commission may establish bylaws for its procedural operation. The Commission shall have the powers delegated to it in Section 9 hereof. The terms and powers ofthe Commission members shall cease upon the termination of the time period for which the levy ofthe Services Tax is authorized. The members of the Commission shall serve without compensation. SECTION 9. Powers Of The Commission. The Commission is hereby granted the following powers: (a) to recommend the rate or amount ofthe Services Tax and an annual budget' to the City Council; and (b) to recommend a sole service provider contract, including a scope of services and a contractor therefor, to the City Council for the provision of the Special Services. SECTION 10. Service Provider Agreement. The Commissioner of the Department ofPIanning and Development (the "Commissioner"), or a designee ofthe Commissioner, are each hereby authorized, subject to approval by the Corporation Counsel as to form and legality, to enter into, execute and deliver an agreement with the Organization, in substantially the form attached hereto as Exhibit 4 and hereby made a part hereof (the "Service Provider Agreement"), and such other supporting documents, ifany, as may be necessary to carry out and comply with the provisions ofthe Service Provider Agreement, with such changes, deletions and insertions as shall be approved by the persons executing the Service Provider Agreement. SECTION 11. Exemption. The Service Provider Agreement is hereby declared exempt from Section 2-156-020 ofthe Municipal Code ofChicago. SECTION 12. Protests And Objections. Ifapetitionof objection is filed with the Office ofthe City Clerk ofthe City signed by at least fifty-one percent (51%) ofthe electors residing within the boundaries of the Area and by at least fifty-one percent (51%) ofthe owners ofrecord ofthe property included within the boundaries ofthe 12/17/2003 REPORTS OF COMMITTEES 15421 Area within sixty (60) days following the adjournment of the Public Hearing, all as provided for in Section 27-55 of the Act, as a result of such filing this ordinance shall be deemed to be null and void, the Area shall not be created, the Services Tax shall not be levied, and the Service Provider Agreement shall not be entered into or shall be deemed to be null and void and no compensation in connection therewith shall be provided to the Organization. SECTION 13. Severability. Ifany provision ofthis ordinance or the application of any such provision to any person or circumstances shall be invalid, such invalidity shall not affect the provisions or application of this ordinance which can be given effect without the invalid provision or application, and to this end each provision of this ordinance is declared to be severable. SECTION 14. Filing. The City Clerk is hereby ordered and directed to file in the Office of the County Clerk of Cook County, Illinois (the "County Clerk"), in accordance with Section 27-75 of the Act, a certified copy of this ordinance containing an accurate map of the Area. The City Clerk is hereby further ordered and directed to file in the Office of the Recorder of Deeds of Cook County, in accordance with Section 27-40 of the Act, a certified copy of this ordinance containing a description of the Area, within sixty (60) days of the effective date of this ordinance. In addition, the City Clerk is hereby further ordered and directed to file in the Office ofthe County Clerk, in accordance with Section 27-75 ofthe Act, a certified copy ofthis ordinance on or prior to December 30, 2003, and the County Clerk shall thereafter extend for collection together with all other taxes to be levied by the City, the Services Tax herein provided for, said Services Tax to be extended for collection by the County Clerk for the tax year 2003 against all the taxable property within the Area, the amount of the Services Tax herein levied to be in addition to and in excess of all other taxes to be levied and extended against all taxable property within the Area. SECTION 15. Conflict. This ordinance shall control over any provision of any other ordinance, resolution, motion or order in conflict with this ordinance, to the extent of such conflict. SECTION 16. Publication. This ordinance shall be published by the City Clerk, in special pamphlet form, by preparing at least one hundred (100) copies thereof, which copies are to be made available in his office for public inspection and distribution to members of the public who may wish to avail themselves of a copy of this ordinance. SECTION 17. Effective Date. This ordinance shall take effect ten (10) days after its passage and publication. 15422 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 [Exhibit 2 referred to in this ordinance printed on page 15430 of this Journal] Exhibits 1, 3 and 4 referred to in this ordinance read as follows: Exhibit 1. (To Ordinance) Legal Description. AU that part ofSections 19, 20, 29 and 30 in Township 40 North, Range 14 East ofthe Third Principal Meridian, bounded and described as follows: beginning at the northwest comer of Lot 1 in Block 4 of Talbot's Subdivision of Blocks 3 and 4 of Edson's Subdivision of, a subdivision of the east half of the northwest quarter ofSection 20, Township 40 North, Range 14 East ofthe Third Principal Meridian, said northwest comer being also the point of intersection of the south line of West Byron Street with the east line of the alley lying east of North Southport Avenue; thence south along said east line of the alley east of North Southport Avenue to the south line of an alley north of West Addison Street; thence west along said south line of the alley north of West Addison Street to the northeast comer of Lot 21 in Block 12 o f t h e subdivision of Blocks 11 and 12 of Edson's Subdivision; thence south along the east line of said Lot 21 to the north line of West Addison Street; thence east along said north line of West Addison Street to the northerly extension ofthe east line ofan alley east of North Southport Avenue; thence south along said northerly extension of the east line of the alley east of North Southport Avenue to the north line of an alley north of West Belmont Avenue, all in the east halfofthe northwest quarter of Section 20, Township 40 North, Range 14 East of the Third Principal Meridian; thence east along said north line of the alley north of West Belmont Avenue to the west line of North Racine Avenue; thence south along said west line of North Racine Avenue to the southeast comer of Lot 310 in John P. Altgeld's Subdivision of Blocks 1 to 4, the north half of Block 6 and all of Block 7 lying northeasterly of the centerline of North Lincoln Avenue, in subdivision by executors of W. E. Jones in Section 29, Township 40 North, Range 14 East ofthe Third Principal Meridian, the south line of said Lot 310 being also the north line ofan alley south of West Belmont Avenue; thence west along the south line of said Lot 310, and along said north line ofthe alley south of West Belmont Avenue to the southwest comer of Lot 291 in aforesaid John P. 12/17/2003 REPORTS OF COMMITTEES 15423 Altgeld's Subdivision; thence northeast along the west line of said Lot 291 and its northerly extension to the centerline of West Belmont Avenue; thence west along the centerline of West Belmont Avenue to the northerly extension of the east line of Lot 175 in aforesaid J o h n P. Altgeld's Subdivision; thence south along said northerly extension of the east line of Lot 175 in aforesaid J o h n P. Altgeld's Subdivision and the east line of said Lot 175 to the south line of said Lot 175, said south line of Lot 175 being also the north line ofthe alley south of West Belmont Avenue; thence west along said north line of the alley south of West Belmont Avenue to the southwest comer of Lot 155 in aforesaid John P. Altgeld's Subdivision, the west line of said Lot 155 being also the east line of an alley east of North Southport Avenue; thence north along said east line of the alley east of North Southport Avenue to the easterly extension of the south line of Lot 146 in aforesaid John P. Altgeld's Subdivision; thence west along said easterly extension and the south line of Lot 146 to the east line of North Southport Avenue; thence south along the east line of North Southport Avenue to the easterly extension of the south line of the north l 2 feet of Lot 72 in aforesaid J o h n P. Altgeld's Subdivision of Blocks 1 to 4, the north half of 6 and all of 7 l3dng northeasterly of the centerline of North Lincoln Avenue, in subdivision by executors of W. E. Jones in Section 29, Township 40 North, Range 14 East ofthe Third Principal Meridian; thence west along said easterly extension ofthe south line ofthe north 12 feet of Lot 72 and along the south line of Lot 72 in aforesaid John P. Altgeld's Subdivision to the east line of an alley west of North Southport Avenue; thence south along said east line of the alley west of North Southport Avenue to the easterly extension of the south line of an alley south of West Belmont Avenue; thence west along said easterly extension ofthe south line ofthe alley south of West Belmont Avenue and along the south line of said alley south of West Belmont Avenue to the east line of North Greenview Avenue; thence south along the east line of North Greenview Avenue to the southwest comer of Lot 97 in aforesaid John P. Altgeld's Subdivision, the south line of said Lot 97 being also the north line of an alley south of West Fletcher Street; thence east along said south line of Lot 97 and said north line of the alley south of West Fletcher Street to the northerly extension of the east line of Lot 142 in aforesaid J o h n P. Altgeld's Subdivision; thence south along said northerly extension ofthe east line of Lot 142 and the east line of said Lot 142 in aforesaid J o h n P. Altgeld's Subdivision to the north line of West Barry Avenue; thence east along the north line of West Barry Avenue to the northerly extension of the west line of Lot 38 in Block 5 of aforesaid subdivision by executors of W. E. Jones in Section 29, Township 40 North, Range 14 East ofthe Third Principal Meridian; thence south along said northerly extension ofthe west line of Lot 38 and the west line of Lot 38 to the southwest corner thereof, a distance of 79.2 feet, more or less; thence southeast along the east line of an alley northeast of, and parallel to North Lincoln Avenue, to the southwest comer of Lot 12 in said Block 5 ofthe subdivision by executors of W. E. Jones; thence east along the south line of said Lot 12 and its easterly extension to the east line 15424 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 of North Southport Avenue; thence south along the east line of North Southport Avenue to the north line ofan alley north of West Wellington Avenue; thence east along said north line of the alley north of West Wellington Avenue to the northerly extension ofthe east line of Lot 2 in a subdivision ofthe west 250 feet of the south half of Block 6 in the aforesaid subdivision by executors of W. E. Jones in Section 29, Township 40 North, Range 14 East ofthe Third Principal Meridian; thence south along said northerly extension and the east line of said Lot 2 to the south line thereof, said south line being also the north line of West Wellington Avenue; thence east along the north line of West Wellington Avenue to the northerly extension of west line of Lot 53 in Gross and Counselman's Subdivision of Block 9 in the aforesaid subdivision by executors of W. E. Jones in Section 29, Township 40 North, Range 14 East of the Third Principal Meridian; thence south along said northerly extension and the west line of said Lot 53 to the southwest comer thereof, said southwest comer being also the northerlymost point of Lot 5 in said Gross and Counselman's Subdivision; thence southeast along the south line of said Lot 53 to the southwest comer of Lot 52 in said Gross and Counselman's Subdivision, said southwest comer being also the northerlymost point of Lot 6 in said Gross and Counselman's Subdivision; thence southeast along the southwest line of said Lot 52 to the southerlymost point of thereof; thence northeast along the southeast line of said Lot 52 in said Gross and Counselman's Subdivision to the south line of Lot 51 in said Gross and Counselman's Subdivision, said south line being also the north line of an alley north of North Lincoln Avenue and south of West Wellington Avenue; thence southeast along said north line ofthe alley north of North Lincoln Avenue and south of West Wellington Avenue to the southeast comer of Lot 47 in said Gross and Counselman's Subdivision; thence south along the southerly extension ofthe east line of said Lot 47 to the northeast line of Lot 11 in said Gross and Counselman's Subdivision; thence southeast along the northeast lines of Lots 11 through 2 1 , inclusive, in said Gross and Counselman's Subdivision, to the easterlymost point of said Lot 2 1 ; thence southwest along the west line of Lot 30 in said Gross and Counselman's Subdivision to the southwest comer thereof; thence southeast along the west lines of Lots 29 and 28 in said Gross and Counselman's Subdivision to the north line of Lot 24 in said Gross and Counselman's Subdivision; thence east along said north line to the west line of North Lakewood Avenue; thence south along the west line of North Lakewood Avenue to the south line of West George Street; thence west along the south line of West George Street to the southerly extension of the east line of Lot 7 in the resubdivision of Lots 40 to 46 in S. R. Jacobsen's Subdivision of Block 6 in Wm. Mill and Heirs of Michael Diversey Subdivision in Section 29, Township 40 North, Range 14 East of the Third Principal Meridian; thence north along said southerly extension and along the east line of said Lot 7 in the resubdivision of Lots 40 to 46 in S. R. Jacobsen's Subdivision to the northeast comer thereof; thence northwest along the north lines of Lots 7, 6 and 5, to the northeast comer of Lot 4 in said resubdivision of 12/17/2003 REPORTS OF COMMITTEES 15425 Lots 40 to 46 in S. R. Jacobsen's Subdivision; thence west along the north line of said Lot 4 and Lot 3 in said resubdivision of Lots 40 to 46 in S. R. Jacobsen's Subdivision to the southerly extension of the east line of Lot 34 in aforesaid S. R. Jacobsen's Subdivision; thence north along said southerly extension and the east line of Lot 34 to the northeast corner thereof; thence northwest along the east lines of Lots 33, 32, 3 1 , 30 and 29 to the northeast comer of said Lot 29, all in said S. R. Jacobsen's Subdivision; thence west along the north line of said Lot 29 and its westerly extension to the west line of North Southport Avenue; thence north along the west line of North Southport Avenue to the south line of West Wellington Avenue; thence west along the south line of West Wellington Avenue to the southerly extension of the east line of Lot 24 in Peter Ott's Subdivision of Block 13 in Wm. Lill and Heirs of Michael Diversey Subdivision in the northwest quarter of Section 29, Township 40 North, Range 14 East of the Third Principal Meridian; thence north along said southerly extension and the east line of Lot 24 in Peter Ott's Subdivision to the northeast comer thereof, the north line of said Lot 24 being also an alley south of and parallel to North Lincoln Avenue; thence northwest along the alley south of and parallel to North Lincoln Avenue to the northeast comer of Lot 41 in said Peter Ott's Subdivision; thence west along the north line of said Lot 41 to the west line of North Greenview Avenue; thence north along the west line of North Greenview Avenue to the south line of Lot 3 in Sundmacher and Glades Subdivision of Blocks 14 and 15 in Wm. Lill and Heirs of Michael Diversey Subdivision in the northwest quarter ofSection 29, Township 40 North, Range 14 East ofthe Third Principal Meridian; thence west along said south line of Lot 3 to the east line of Lot 12 in said Sundmacher and Glades Subdivision, said east line being also the west line of an alley west of North Greenview Avenue; thence north along said west line of the alley west of North Greenview Avenue to the south line of West Barry Avenue; thence west along the south line of West Bany Avenue to the southerly extension of the east line of Lot 24 in Cath. Weckler's Subdivision of Wm. Lill and Heirs of Michael Diversey Subdivision in the northwest quarter of Section 29, Township 40 North, Range 14 East ofthe Third Principal Meridian; thence north along said southerly extension and along the east line of said Lot 24 to the northeast comer thereof, the northeast line of said Lot 24 being also the southwest line of an alley southwest of and parallel to North Lincoln Avenue; thence northwest along said southwest line of the alley southwest of and parallel to North Lincoln Avenue to the northeast comer of Lot 28 in said Cath. Weckler's Subdivision; thence west along the north line of said Lot 28 and the north line of Lot 29 in said Cath. Weckler's Subdivision to the northwest comer of said Lot 29, the west line thereof being also the east line of an alley east of North Ashland Avenue; thence south along the east line of the alley east of North Ashland Avenue to the south line of West Wolfram Street; thence west a distance of 8.00 feet, more or less, to the east line of the parcel of property bearing Permanent Index Number 14-29-128-001; thence south along said east 15426 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 line and its southerly extension to the north line of West Diversey Parkway; thence west along the north line of West Diversey Parkway to the west line ofan alley west of West Ashland Avenue; thence north along said west line ofthe alley west of West Ashland Avenue to the north line of West Wolfram Street; thence east along the north line of West Wolfram Street to the west line of the parcel of property bearing Permanent Index Number 14-30-225-017; thence north along said west line ofthe parcel of property bearing Permanent Index Number 14-30225-017 to the northwest comer thereof; thence west along the north line of W. A. Haynes' Addition to Chicago, a subdivision ofthe north 60 feet of Lot 1 and the west 21 feet of Lot 2 and all of Lots 3 and 5 and with the south half of the north 5 acres of the east half of the southeast quarter of the northeast quarter of Circuit Court Partition of the south 5 acres of the east half of the southeast quarter of the northeast quarter of Section 30, Township 40, Range 14 East of the Third Principal Meridian to the east line of North Paulina Street; thence north along the east line of North Paulina Street a distance of 10 feet, more or less, to the southwest comer ofthe parcel of property bearing Permanent Index Number 14-30-224-027; thence northeast along the southeast line of said parcel of property bearing Permanent Index Number 14-30-224-027, a distance of 415.005 feet, more or less, to the southeast comer of the parcel of property bearing Permanent Index Number 14-30-224-030; thence north along the east line ofthe parcel of property bearing Permanent Index Number 14-30-224-030 to the northeast comer thereof; thence west along the north line of the parcel of property bearing Permanent Index Number 14-30-224-030 and along the south line of the Ashland-Wellington Subdivision of part of the east half of the southeast quarter of the northeast quarter of Section 30, Township 40 North, Range 14 East of the Third Principal Meridian to the east line of North Paulina Street; thence north along the east line of North Paulina Street to the south line of West Nelson Street; thence east along the south line of West Nelson Street to the southerly extension of the west line of the alley west of West Ashland Avenue; thence north along said southerly extension and the west line of the alley west of West Ashland Avenue to the north line of West Barry Avenue; thence west along the north line of West Barry Avenue to the southeast comer of Lot 124 in Prussing's Addition to Lakeview in Section 30, Township 40 North, Range 14 East ofthe Third Principal Meridian; thence north along the east line of said Lot 124 and its northerly extension to the northeast comer of Lot 62 in aforesaid Prussing's Addition; thence west along the north line of said Lot 62 and along the south line of an alley south of West Belmont Avenue to the east line of North Paulina Street; thence north along the east line of North Paulina Street to the southwest comer of Lot 30 in Block 10 of Gross' North Addition to Chicago, the south line of said Lot 30 being also the north line of an alley north of West Belmont Avenue; thence east along said north line of the alley north of West Belmont Avenue to the southeast comer of Lot 43 of Block 10 in 12/17/2003 REPORTS OF COMMITTEES 15427 said Gross' North Addition to Chicago; thence north along the east line of said Lot 43 and its northerly extension to the north line of West Melrose Street; thence west along the north line of West Melrose Street to the southeast comer of Lot 14 in Block 8 of said Gross' North Addition to Chicago; thence north along the east line of said Lot 14 to the northeast comer thereof; thence northwest along the north line of said Lot 14 and Lots 15 And 16 in Block 8 of said Gross' North Addition to Chicago to the southerly extension of the west line of the parcel of property bearing Permanent Index Number 14-19-430-022; thence north along said southerly extension etnd the west line of said parcel of property bearing Permanent Index Number 14-19-430-022 to the north line of West School Street; thence west along the north line of West School Street to the southeast comer of Lot 19 in Block 6 of said Gross' North Addition to Chicago; thence north along the east line of said Lot 19 to the northeast comer thereof; thence west along the north line of said Lot 19 and Lots 20 and 21 in said Block 6 to the east line of North Paulina Street; thence north along the east line of North Paulina Street to the southwest comer of Lot 25 in said Block 6; thence eaist along the south line of said Lot 25 to the southeast comer thereof; thence northwest along the east line of said Lot 25 in said Block 6 to the northeast comer thereof; thence west along the north line of said Lot 25 to the east line of North Paulina Street; thence north alongthe east line of North Paulina Street to the easterly extension of the south line of an alley south of West Roscoe Street; thence west along said easterly extension and the south line of the alley south of West Roscoe Street to the southerly extension of the west line of Lot 46 in Block 4 of said Gross' North Addition to Chicago; thence north along said southerly extension and the west line of said Lot 46 to the south line of West Roscoe Street; thence west along the south line of West Roscoe Street to the southerly extension ofthe east line of Lot 14 in Block 3 of said Gross' North Addition to Chicago; thence north along said southerly extension and the east line of said Lot 14 to the northeast comer thereof; thence northwest along the north line of said Lot 14 and Lots 15 and 16 in said Block 3 to the southerly extension of the east line of Lot 42 in said Block 3; thence north along said southerly extension and the east line of said Lot 42 to the northeast comer thereof; thence west along the south line of West Newport Avenue to the southerly extension of the east line of Lot 14 in Block 2 of said Gross' North Addition to Chicago; thence north along said southerly extension and the east line of Lot 14 to the northeast comer thereof; thence northwest along the north line of said Lot 14 and Lot 15 in said Block 2 to the southerly extension of the east line of Lot 29 in said Block 2; thence north along said southerly extension and the east line of Lot 29 of said Block 2 to the northeast comer thereof; thence west along the south line of West Comelia Street to the southerly extension of the east line of Lot 17 in Block 1 of said gross' north addition to Chicago; thence north along said southerly extension and the east line of said Lot 17 to the 15428 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 northeast comer thereof; thence northwest along the north line of said lot 17 to the northwest comer thereof; thence west along the north line of Lot 18 in said Block 1 to the northwest comer thereof; thence north along the east line of an alley east of North Ravenswood Avenue to the southwest comer of Lot 10 in said Block 1; thence northwest along the southwest line of said Lot 10 and north along the west line of said Lot 10 and Lot 9, 8 and 7 in said Block 1 to the northwest comer of said Lot 7; thence west along the south line of Lot 6 in said Block 1 to the east line of North Ravenswood Avenue, thence north along the east line of North Ravenswood Avenue to the south line of West Addison Street; thence east along the south line of West Addison Street to the northwest comer of Lot 3 in Block 4 of L. Turner's Resubdivision of Blocks 1 to 6 in L. Turner's Subdivision; thence south along the west line of said Lot 3 and its southerly extension to the south line ofan alley south of West Addison Street; thence west along said south line ofthe alley south of West Addison Street to the northwest comer of Lot 24 in Block 4 of said L. Turner's Resubdivision; thence southeast along the west line of said Lot 24 and Lots 23, 22 and 21 in said Block 4 to the southwest comer of said Lot 21; thence east along the south line of Lot 21 and its easterly extension to the east line of North Hermitage Avenue; thence south along the east line of north hermitage avenue to the north line of West Comelia Street; thence east along the north line of West Comelia Street to the northerly extension ofthe east line ofan alley west of North Paulina Street; thence south along said northerly extension and the east line of the alley west of North Paulina Street to the southwest comer of Lot 3 in Block 5 of said L. Turner's Resubdivision; thence east along the south line of said Lot 3 and Lots 2 and 1 in said Block 5 to the east line of North Paulina Street; thence south along the east line of North Paulina Street to the northwest comer of Lot 27 in Block 6 of said L. Turner's Resubdivision; thence east along the north line of said Lot 27 and its easterly extension to the east line ofan alley east of North Paulina Street; thence south along the east line of the alley east of North Paulina Street and its southerly extension to the south line of West Roscoe Street; thence east along the south line of West Roscoe Street to the northwest comer of Lot 18 in Block 9 of G. H. A. Thomas' Subdivision of Blocks 8 and 9 of L. Turner's Subdivision; thence southeast along the east line ofan alley west of North Marshfield Avenue to the southwest comer of Lot 22 in said Block 9; thence east along the south line of said Lot 22 and its easterly extension to the east line of North Marshfield Avenue; thence south along the east line of North Marshfield Avenue to the north line ofan alley north of West School Street in Block 8 of said G. H. A. Thomas' Subdivision; thence east along said north line of the alley north of West School Street to the west line of an alley east of North Marshfield Avenue; thence north along the west line ofthe alley east of North Marshfield Avenue to the northeast comer of Lot 5 in the subdivision of (except the east 8 feet) the west half of the south 99.47 feet of Block 7 of L. Turner's Subdivision; thence west along the 12/17/2003 REPORTS OF COMMITTEES 15429 north line of said subdivision of (except the east 8 feet) the west halfofthe south 99.47 feet of Block 7 of L. Turner's Subdivision to the northwest comer thereof; thence north along a straight line a distance of 25.37 feet, more or less to the north line of a Chicago Transit Authority right-of-way; thence east along said north line of the Chicago Transit Authority right-of-way to the east line of an alley west of North Ashland Avenue; thence north along said east line ofthe alley west of North Ashland Avenue and its northerly extension to the center line of West Addison Street; thence east along the centerline of West Addison Street to the northerly extension of the west line of the alley east of North Ashland Avenue; thence south along said northerly extension and the west line of the alley east of North Ashland Avenue and its southerly extension to the south line of West Henderson Street; thence east along the south line of West Henderson Street to the northeast comer ofthe parcel of property bearing Permanent Index Number 14-20-320-001; thence south along the east line of said parcel of property bearing Permanent Index Number 14-20-320-001 and its southerly extension to the north line of West School Street; thence west along the north line of West School Street to the northerly extension of the west line of the alley east of North Ashland Avenue; thence south along said west line ofthe alley east of North Ashland Avenue and its southerly extension to the south line of West Melrose Street; thence east along the south line of West Melrose Street to the east line of North Greenview Avenue; thence south along the east line of North Green Avenue to the south line ofan alley north of West Belmont Avenue, said south line being also the north line of Lots 71 to 94 inclusive in Albert Wisner's Subdivision; thence east along said south line ofthe alley north of West Belmont Avenue to the southerly extension of the east line of the alley west of North Southport Avenue; thence north along said southerly extension and along the east line of the alley west of North Southport Avenue to the south line of West Grace Street, said south line being also the north line of Lot 1 in Block 2 of Rood's Subdivision in the southwest quarter ofthe northwest quarter ofSection 20, Township 40 North, Range 14 East; thence west along the south line of West Grace Street to the east line of North J a n s s e n Avenue; thence north along the east line of north J a n s s e n Avenue to the northwest corner of Lot 19 in Block 4 of Lake View High School Subdivision in the northwest quarter ofthe northwest quarter of Section 20, Township 40 North, Range 14 East; thence east along the north line of said Lot 19 and its easterly extension to the east line ofthe alley west of North Southport Avenue; thence north along said east line of the alley west of North Southport Avenue and its northerly extension to the north line of an alley south of West Byron Street; thence east along said north line ofan alley south of West Byron Street to the southwest corner ofthe east 15.00 feet of Lot 7 in Block 4 of said Lake View High School Subdivision in the northwest quarter of the northwest quarter of Section 20, Township 40 North, Range 14 East; thence north along the west line ofthe east 15.00 feet of Lot 7 in Block 4 of said Lake View High School Subdivision to the south line of West B3a-on Street; thence east along the south line of West Byron Street to the point of beginning, all in Cook County, Illinois. 15430 JOURNAL-CITY COUNCIL-CHICAGO Exhibit 2. (To Ordinance) Project Area Boundary Map. 12/17/2003 REPORTS O F COMMITTEES 12/17/2003 15431 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 1 of 28) PIN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 PIN 1 - 404 - 001 - OOOO - 404 - 002 - oooo - 404 - 003 - oooo - 404 - 004 - oooo - 404 - 005 - oooo - 404 - 014 -oooo - 404 - 015 - oooo - 404 - 016 - oooo - 404 - 017 - oooo - 404 - 018 - oooo - 404 - 019 - oooo - 404 - 020 - oooo - 404 - 021 - oooo - 404 - 024 - oooo - 404 - 025 - oooo - 405 - 001 - oooo - 405 - 002 - oooo - 405 - 003 - oooo - 405 - 006 - oooo - 405 - 007 - oooo - 405 - 008 - oooo - 405 - 009 - oooo - 405 - 010 - oooo - 405 - 015 - oooo - 405 - 016 - oooo - 405 - 017 - oooo - 405 - 018 - oooo - 408 - 023 - oooo 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 - 408 408 408 408 408 408 408 408 408 408 408 408 408 408 408 408 408 408 408 408 408 413 413 413 413 413 413 413 1 - 024 025 026 027 028 029 030 031 032 033 034 035 036 037 038 039 040 041 042 043 044 018 019 020 021 022 030 031 - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo 15432 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 2 of 28) PIN 57 14 - 19 58 14 - 19 59 14 - 19 60 14 - 19 61 14 - 19 62 14 - 19 63 14 - 19 64 14 - 19 65 14 - 19 66 14 - 19 67 14 - 19 68 14 - 19 69 14 - 19 70 14 - 19 71 14 - 19 72 14 - 19 73 14 - 19 74 14 - 19 75 14 - 19 76 14 - 19 77 14 - 19 78 14 - 19 79 14 - 19 80 14 - 19 81 14 - 19 82 14 - 19 83 14 - 19 84 1 14 -19 1 - 414 - 030 - OOOO - 414 - 031 - OOOO - 414 - 032 - OOOO - 414 - 033 - OOOO - 414 - 034 - OOOO - 414 - 035 - OOOO - 414 - 036 - OOOO - 414 - 037 - OOOO - 415 - 001 - OOOO - 415 - 002 - oooo j - 415 - 003 - oooo - 415 - 004 - oooo 1 - 415 - 005 - oooo - 415 - 006 - oooo - 415 - 007 - oooo - 415 - 008 - oooo - 415 - 009 - oooo - 415 - 010 - oooo - 415 - Oil - oooo - 415 - 012 - oooo - 415 - 014 - oooo - 415 - 015 - oooo - 415 - 016 - oooo - 415 - 017 - oooo - 415 - 018 - oooo - 415 - 019 - oooo - 415 - 020 - oooo - 415 - 021 - oooo PIN 85 14 86 14 87 14 88 14 89 14 90 14 91 14 92 14 93 14 94 14 95 14 96 14 97 14 98 14 99 14 100 1 1"^ ' lOI 14 102 14 103 14 . 104 14 105 14 106 14 107 14 108 14 109 14 - 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 no 14 - 19 111 14 - 19 112 14 - 19 1 - 415 - 023 - OOOO - 415 - 024 - OOOO - 416 - 021 - OOOO - 416 - 022 - OOOO - 417 - 012 - OOOO - 417 - 013 - OOOO - 417 - 014 - oooo - 417 - 015 - oooo - 417 - 016 - oooo - 417 - 017 - oooo - 417 - 018 - oooo - 417 - 020 - oooo - 417 - 024 - oooo - 417 - 025 - oooo - 417 - 026 - oooo - 417 - 027 - oooo - 417 - 028 - oooo - 417 - 029 - oooo - 417 - 030 - oooo - 417 - 031 - oooo - 417 - 032 - oooo - 417 - 033 - oooo - 422 - 021 - oooo - 424 - 002 - oooo - 424 - 003 - oooo - 424 - 004 . oooo - 424 - 006 - oooo - 424 - 013 - oooo] 12/17/2003 REPORTS OF COMMITTEES 15433 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 3 of 28) 1 PIN 113 14 114 14 115 14 116 14 117 14 118 14 119 14 120 14 121 14 122 14 123 14 124 14 125 14 126 14 127 14 128 14 129 14 130j 14 131 14 132 14 133 14 134 14 135 14 136 14 137 14 138 14 139 14 140 14 - 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 - 424 - 424 - 424 - 424 - 424 - 424 - 424 - 424 - 424 - 424 - 424 . 424 - 424 - 424 - 424 - 424 - 424 - 424 - 424 - 424 - 424 - 424 - 424 - 424 - 424 - 424 - 424 - 424 - 015 016 017 017 017 017 017 017 017 017 017 017 017 017 017 017 017 017 017 017 017 017 017 017 017 017 017 017 - OOOO - OOOO - 1001 - 1002 - 1003 - 1004 - 1005 - 1006 - 1007 - 1008 - 1009 - 1010 - 1011 - 1012 - 1013 - 1014 - 1015 - 1016 - 1017 - 1018 - 1019 - 1020 - 1021 - 1022 - 1023 - 1024 - 1025 - 1026 1 PIN 141 14 142 14 143 14 144 14 145 14 146 14 147 14 148 14 149 14 150 14 151 14 152 14 153 14 154 14 155 14 156 14 157 14 158j 14 159 14 160 14 161 14 162 14 163 14 164 14 165 14 166 14 167 14 168 14 - 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 - 424 424 424 424 424 424 424 424 424 424 425 425 425 425 425 425 425 425 425 425 425 425 425 425 425 425 425 425 . - 017 017 017 017 017 017 017 017 018 019 001 002 003 004 005 006 007 013 014 015 016 017 018 021 021 021 021 021 - 1027 - 1028 - 1029 - 1030 - 1031 - 1032 - 1033 - 1034 - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - 1003 - 1004 - 1005 - 1006 - 1007 JOURNAL-CITY COUNCIL-CHICAGO 15434 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 4 of 28) PIN 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 PIN 1 - 425 - 021 - 1008 . 425 - 021 - 1009 - 425 - 021 - 1010 - 425 - 021 - IOU - 425 - 021 - 1012 - 425 - 021 - 1013 - 425 - 021 - 1014 - 425 - 021 - 1015 - 425 - 021 - 1016 - 425 - 021 - 1017 - 426 - 013 - OOOO - 426 -014 - OOOO - 426 - 015 - OOOO - 426 - 016 - OOOO - 426 - 017 - OOOO - 426 - 024 - OOOO - 426 - 025 - oooo - 426 - 026 - oooo - 426 - 033 - oooo - 426 - 034 - oooo - 426 - 035 - oooo - 426 - 036 - oooo - 426 - 037 - oooo - 426 - 038 - oooo - 426 - 039 - oooo - 426 - 040 - oooo - 426 - 041 - oooo - 426 - 042 - 1001 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 1 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 1002 - 1003 - 1004 - 1005 - 1006 - 1007 - 1008 - 1009 - 1010 - IOU - 1012 - 1013 - 1014 - 1015 - 1016 - 1017 - 1018 - 1019 - 1020 - 1021 - 1022 - 1023 - 1024 - 1025 - 1026 - 1027 - 1028 - 1029 REPORTS OF COMMITTEES 12/17/2003 15435 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 5 of 28) 1 PIN 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 1030 - 1031 - 1032 - 1033 - 1034 - 1035 -1036 - 1037 - 1038 - 1039 - 1040 - 1041 - 1042 - 1043 - 1044 - 1045 - 1046 - 1047 - 1048 - 1049 - 1050 - 1051 - 1052 - 1053 - 1054 - 1055 - 1056 - 1057 1 PIN 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 - 426 426 426 426 426 426 426 426 426 426 426 426 426 426 426 426 426 426 426 426 426 426 426 426 426 426 426 426 - 042 - 042 - 042 - 042 . 042 - 042 - 042 - 042 - 042 -042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 1058 - 1059 - 1060 - 1061 - 1062 - 1063 - 1064 - 1065 - 1066 - 1067 - 1068 - 1069 - 1070 - 1071 - 1072 - 1073 - 1074 - 1075 - 1076 - 1077 -1078 - 1079 - 1080 - 1081 - 1082 - 1083 - 1084 - 1085 JOURNAL-CITY COUNCIL-CHICAGO 15436 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 6 of 28) 1 PIN 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 426 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 016 - 017 - 018 - 019 - 020 - 021 - 022 - 022 - 022 - 022 - 1086 - 1087 - 1088 - 1089 - 1090 - 1091 - 1092 - 1093 - 1094 - 1095 - 1096 - 1097 - 1098 - 1099 - 1100 - 1101 - 1102 - 1103 - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - 1001 - 1002 - 1003 - 1004 PIN 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 1 - 430 - 022 - 1005 - 430 - 022 - 1006 - 430 - 022 - 1007 - 430 - 022 - 1008 - 430 - 022 - 1009 - 430 - 022 - 1010 - 430 - 022 - 1011 - 430 - 022 - 1012 - 430 - 022 - 1013 - 430 - 022 - 1014 - 430 - 022 - 1015 - 430 - 022 - 1016 - 430 - 022 - 1017 - 430 - 022 - 1018 - 430 - 022 - 1019 - 430 - 022 - 1020 - 430 - 022 - 1021 - 430 - 022 - 1022 - 430 - 022 - 1023 - 430 - 022 - 1024 - 430 - 022 - 1025 - 430 - 022 - 1026 - 430 - 022 - 1027 - 430 - 022 - 1028 - 430 - 022 - 1029 - 430 - 022 - 1030 - 430 - 022 - 1031 - 430 - 022 - 1032 12/17/2003 REPORTS O F COMMITTEES 15437 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 7 of 28) PIN 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 1 022 - 1033 022 - 1034 022 - 1035 022 - 1036 022 - 1037 022 - 1038 022 - 1039 022 - 1040 022 - 1041 022 - 1042 022 - 1043 022 - 1044 022 - 1045 022 - 1046 022 - 1047 022 - 1048 022 - 1049 022 - 1050 022 - 1051 022 - 1052 022 - 1053 022 - 1054 022 - 1055 022 - 1056 022 - 1057 022 - 1058 022 - 1059 022 - 1060 PIN 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 . - 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 430 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - i061 - 1062 - 1063 - 1064 - 1065 - 1066 - 1067 - 1068 - 1069 - 1070 - 1071 - 1072 - 1073 - 1074 - 1075 - 1076 - 1077 - 1078 - 1079 - 1080 - 1081 - 1082 - 1083 - 1084 - 1085 - 1086 - 1087 - 1088 15438 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 8 of 28) 1 PIN 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 - 430 430 430 430 430 430 430 430 430 430 430 430 430 430 430 430 430 430 430 430 430 430 430 430 430 430 430 430 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 -022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 022 - 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 UOO UOI 1102 1103 1104 1105 1106 1107 1108 1109 UIO - UU - 1112 - 1113 - 1114 - 1115 - 1116 PIN 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 1 - 430 - 022 -'1117 - 430 - 022 - 1118 - 430 - 022 - 1119 - 430 - 022 - 1120 - 430 - 022 - 1121 - 430 - 022 - 1122 - 430 - 022 - 1123 - 430 - 022 - 1124 - 430 - 022 - 1125 - 430 - 022 -1126 - 430 - 022 - 1127 - 430 - 022 - 1128 - 430 - 022 - 1129 - 430 - 022 - 1130 1 - 430 - 022 - 1131 1 - 430 - 022 - 1132 - 430 - 022 - 1133 - 430 - 022 - 1134 - 430 - 022 - 1135 - 430 - 022 - 1136 - 430 - 022 - 1137 - 430 - 022 - 1138 - 430 - 022 - 1139 - 430 - 022 - 1140 - 430 - 022 - 1141 - 430 - 022 - 1142 - 430 - 022 - 1143 - 430 - 022 - 1144 12/17/2003 REPORTS OF COMMITTEES 15439 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 9 of 28) PIN 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 - 430 - 430 - 430 - 430 - 430 - 430 - 430 . 430 - 435 - 435 . 435 - 435 - 435 - 435 - 435 - 435 - 435 - 435 - 435 - 435 - 435 - 435 - 435 - 435 - 435 - 435 - 435 - 435 1 - 022 022 022 022 022 022 022 022 014 015 016 - 1145 - 1146 - 1147 - 1148 - 1149 - 1150 - 1151 - 1152 - OOOO - oooo - oooo - on - oooo . 020 - oooo - 021 - oooo - 022 - oooo - 023 - oooo - 024 - oooo - 025 - oooo - 026 - oooo - 027 - oooo - 028 - oooo - 029 - oooo - 030 - oooo - 031 - oooo - 032 - oooo - 033 - oooo - 034 - oooo - 035 - oooo PIN 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 19 19 19 19 19 19 19 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 - 435 435 435 500 500 500 500 107 107 107 107 107 107 107 107 107 107 107 107 107 107 107 107 107 107 107 107 107 1 - 036 037 041 037 038 041 043 020 021 022 028 029 032 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - oooo - oooo - oooo - oooo - QOOO - oooo - 1001 - 1002 - 1003 - 1004 - 1005 - 1006 - 1007 - 1008 - 1009 - 1010 - IOU - 1012 - 1013 - 1014 - 1015 JOURNAL-CITY COUNCIL-CHICAGO 15440 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 10 of 28) PIN 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 • •• •• •• •• •• •. •• .•- 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 - 107 107 107 108 108 108 108 108 108 108 108 108 108 108 108 108 108 108 108 108 108 108 108 1 - 037 037 037 001 002 003 004 005 006 007 008 009 010 OU 012 013 014 015 016 019 039 039 039 - 108 - 108 - 108 - 108 - 039 039 039 041 041 -m - 1016 1017 1018 OOOO OOOO OOOO OOOO OOOO OOOO - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - 1001 - 1002 - 1003 -1004 - 1005 - 1006 - 1001 - 1002 PIN 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 20 20 20 20 20 20 • - 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 - 108 108 108 108 108 108 108 108 108 108 108 108 108 108 114 114 114 114 114 114 114 114 114 114 114 114 114 114 1 - 041 - 041 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 042 - 043 - 043 - 043 - 024 - 025 - 026 - 027 - 028 - 029 - 030 - 031 - 032 - 033 - 036 - 037 - 038 - 039 - 1003 - 1004 - 1001 - 1002 - 1003 - 1004 - 1005 - 1006 - 1007 - 1008 - 1009 - 1001 - 1002 - 1003 - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - oooo - oooo - oooo 12/17/2003 REPORTS OF COMMITTEES 15441 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 11 of 28) PIN 561 14 562 14 563 14 564 14 565 14 566 14 567 14 568 14 569 14 570 14 571 14 572 14 573 14 574 14 575 14 576 14 577 14 578 14 579 14 580 14 581 14 582 14 583 14 584 .14 585 14 586 1 1"^ 587 14 588 14 - 20 20 20 20 20 20 20 20 20 - 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 - 114 - 114 - 114 - 114 - 114 - 114 - 114 - 114 - 114 - 114 - 114 - 114 - 114 - 114 - 114 - 114 - 114 - 114 - 114 - 114 - 114 - 114 - 114 - 114 - 114 - 115 - 115 - 115 1 - 040 041 044 045 045 045 - 045 045 045 045 045 045 045 045 045 052 052 052 052 052 052 053 053 053 053 002 003 004 - OOOO - OOOO - OOOO - 1001 - 1002 - 1003 - 1004 - 1005 - 1006 - 1007 - 1008 - 1009 - 1010 - IOU - 1012 - 1001 - 1002 - 1003 - 1004 - 1005 - 1006 - 1001 - 1002 - 1003 - 1004 - OOOO - OOOO - OOOO PIN 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 •• -• •• .•• •• •• .••• •• • • • ••• •• • .• •. • . • 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 - 115 115 115 115 115 115 115 115 115 115 115 115 115 115 122 122 122 122 122 122 122 122 122 122 122 122 122 122 1 - 005 006 007 008 009 010 OU 012 013 014 036 037 040 041 018 019 020 021 022 023 - 024 025 026 027 028 029 030 031 - OOOO OOOO OOOO OOOO OOOO - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo JOURNAL-CITY COUNCIL-CHICAGO 15442 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 12 of 28) PIN 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 14 14 14 14 14 14 14 14 14 14 14 ~ < .• 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 • • - 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 - 122 122 122 123 123 123 123 123 123 123 300 300 300 300 300 300 300 303 303 303 303 303 303 303 303 303 303 303 1 - 032 033 037 001 002 003 004 005 041 042 001 002 003 004 006 024 025 016 017 018 019 020 021 022 023 024 - 025 - 026 - OOOO OOOO OOOO OOOO OOOO OOOO - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo . oooo - oooo - oooo - oooo - oooo - oooo - oooo PIN 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 14' 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 1 - 303 - 027 - OOOO - 303 - 031 - OOOO - 304 - 0 0 1 - OOOO - 304 - 002 - OOOO - 304 - 003 - oooo - 304 - 004 - oooo - 304 - 005 - oooo - 304 - 006 - oooo - 305 - 001 - oooo - 305 - 002 - oooo - 305 - 003 - oooo - 308 - 001 - oooo - 308 - 002 - oooo - 308 - 003 - oooo - 308 - 004 - oooo - 308 - 005 - oooo - 308 - 010 - oooo - 308 - O U - oooo - 308 - 012 - oooo - 308 - 013 - oooo - 308 - 031 - oooo - 308 - 032 - oooo - 308 - 033 - oooo - 311 - 015 - oooo - 311 - 016 - oooo - 311 - 017 - oooo - 311 - 018 - oooo - 311 - 019 - oooo REPORTS OF COMMITTEES 12/17/2003 15443 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 13 of 28) PIN 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 -311 - 020 - 311 - 021 - 311 - 022 - 311 - 023 - 311 - 024 - 311 - 025 - 311 - 026 - 311 - 027 - 311 -• 028 - 311 •• 029 - 311 •• 030 - 311 •• 031 - 311 .. 032 - 311 .. 033 - 312 •• 001 - 312 •- 002 - 312 - 003 - 312 - 004 - 312 - 005 - 312 - 006 - 313 - 001 - 313 - 002 - 313 - 003 - 316 - 001 - 316 - 002 - 316 - 003 - 316 - 004 - 316 - 005 1 - OOOO - OOOO - OOOO - OOOO - OOOO - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo PIN 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 - 316 316 316 316 317 317 317 317 317 317 317 317 317 317 317 317 317 317 317 317 317 317 317 317 318 318 318 318 1 - 006 007 008 009 034 035 036 037 038 039 040 041 046 046 046 047 047 047 047 047 047 047 047 047 001 002 004 005 - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - oooo - oooo - oooo - oooo - oooo - 1001 - 1002 - 1003 - 1001 - 1002 - 1003 - 1004 - 1005 - 1006 - 1007 - 1008 - 1009 - OOOO - OOOO - OOOO - OOOO JOURNAL-CITY COUNCIL-CHICAGO 15444 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 14 of 28) PIN 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 - 318 318 318 318 318 318 318 320 320 320 320 320 320 320 321 321 321 321 321 321 321 321 321 321 321 321 321 321 1 - 006 041 042 043 046 046 046 001 002 003 004 005 006 007 038 039 040 043 044 045 046 047 047 047 047 047 054 054 - OOOO OOOO OOOO OOOO 1001 1002 1003 OOOO OOOO OOOO - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - 1001 1002 1003 1004 1005 1001 1002 PIN 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 . - 321 321 322 322 322 322 322 322 322 322 322 322 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 - 1 054 054 003 004 005 006 007 008 009 010 046 047 005 006 007 044 048 048 048 048 048 048 048 048 048 048 048 048 - 1003 1004 OOOO OOOO OOOO OOOO OOOO OOOO - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - 1001 - 1002 - 1003 - 1004 - 1005 - 1006 - 1007 - 1008 - 1009 - 1010 - IOU - 1012 15445 REPORTS OF COMMITTEES 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 15 of 28) PIN 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 14 14 14 14 14 14 14 14 14 14 14 14 • 14 •• 14 •14 •• 14 •• 14 .. 14 •14 14 14 14 14 14 14 14 14 14 - 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 - 324 - 324 - 324 - 324 - 324 - 324 - 324 - 325 - 325 - 325 - 325 - 325 - 325 - 325 - 325 - 325 - 325 - 326 - 326 - 326 - 326 - 326 - 326 - 326 - 326 - 326 - 326 - 326 1 - 048 - 048 - 048 - 048 - 048 - 048 - 048 - 036 - 037 - 038 - 039 - 040 - 041 - 042 - 043 - 044 - 045 - 003 - 004 - 005 - 006 - 007 - 008 - 050 - 051 - 052 - 053 - 053 - 1013 - 1014 - 1015 - 1016 - 1017 - 1018 - 1019 - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - 1001 - 1002 PIN 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 •• •• •• •• ••• -• •• •• •• • • •• ••• • 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 - 326 326 326 328 328 328 329 329 329 329 329 329 329 329 329 329 329 329 329 329 329 329 329 329 329 329 329 329 1 - 053 053 053 026 027 041 019 020 022 023 024 025 026 027 028 029 030 031 032 033 034 035 036 037 038 039 040 041 - 1003 - 1004 - 1005 - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo 12/17/2003 JOURNAL-CITY COUNCIL-CHICAGO 15446 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 16 of 28) 1 PIN 841 842 843 844 845 846 847 848 849 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 .4 - 20 - 329 - 042 - 20 - 329 - 043 - 20 - 329 - 044 - 20 - 329 - 047 - 20 - 329 - 047 - 20 - 329 - 047 - 20 - 329 - 048 - 20 - 330 - 001 . 20 - 330 - 002 - 20 - 330 - 003 - 20 - 330 - 004 - 20 - 330 - 021 - 20 - 330 - 022 - 20 - 330 - 023 - 20 - 330 - 024 - 20 - 330 - 025 - 20 ,- 330 - 026 - 20 - 330 - 027 - 20 - 330 - 030 - 20 - 330 - 031 - 20 - 330 - 032 - 20 - 330 - 043 - 20 ,- 330 - 044 - 20 - 330 - 045 - 20 - 330 - 045 - 20 - 330 - 045 - 20 - 330 - 045 - 20 - 330 - 045 - OOOO OOOO OOOO 1001 1002 1003 OOOO - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - 1001 1002 1003 1004 - 1005 869 870 871 872 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 14 14 14 14 14 14 14 14 14 14 14 14 14 14 -• •• -• •14 14 • 14 14 14 14 14 14 14 14 14 14 14 14 - 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 PIN 1 - 330 330 330 330 - 330 330 330 330 330 330 330 330 330 330 330 330 330 330 330 330 330 330 330 330 330 330 330 330 - 045 - 1006 - 046 - 1001 - 046 - 1002 - 046 - 1003 - 046 - 1004 - 046 - 1005 - 046 - 1006 - 047 - 1001 - 047 - 1002 - 047 - 1003 - 047 - 1004 - 047 - 1005 - 047 - 1006 - 047 - 1001 - 047 - 1002 - 047 - 1003 - 047 - 1004 - 047 - 1005 - 047 - 1006 - 048 - 1001 - 048 - 1002 - 048 - 1003 - 048 - 1004 - 048 - 1005 - 048 - 1006 - 048 - 1001 - 048 - 1002 - 048 - 1003 15447 REPORTS OF COMMITTEES 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 17 of 28) PIN PIN 897 898 899 900 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 14 14 14 14 14 14 14 14 14 14 14 14 . - 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 - 330 - 330 - 330 - 330 - 330 - 330 - 330 - 330 - 330 - 330 - 331 - 331 - 331 - 331 - 331 - 331 - 331 - 331 -331 - 331 - 331 - 331 - 331 - 500 - 500 - 500 - 500 - 502 - 048 - 048 - 048 - 049 - 050 - 050 - 050 - 050 - 050 - 050 - 006 - 026 - 027 - 028 - 029 - 030 - 031 - 032 - 033 - 043 - 048 - 050 - 052 - 037 - 038 - 041 - 043 - 001 - 1004 - 1005 - 1006 - OOOO - 1001 - 1002 - 1003 - 1004 - 1005 - 1006 - OOOO - OOOO - OOOO - OOOO - OOOO - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo 925 926 927 928 929 930 931 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 20 20 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 - 502 502 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 1 - 008 009 006 007 008 009 010 OU 012 014 015 016 017 018 033 034 036 037 038 039 040 040 040 040 040 040 040 040 - OOOO - OOOO - OOOO - OOOO - OOOO - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - 1001 - 1002 - 1003 - 1004 - 1005 - 1006 - 1007 - 1008 12/17/2003 JOURNAL-CITY COUNCIL-CHICAGO 15448 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 18 of 28) PIN 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967 968 969 970 971 972 973 974 975 976 977 978 979 980 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 1 - 100 - 040 - 1009 - 100 - 040 - 1010 - 100 - 040 - IOU - 100 - 040 - 1012 - 100 - 040 - 1013 - 100 - 040 - 1014 - 100 - 040 - 1015 - 100 - 040 - 1016 - 100 - 040 - 1017 - 100 - 040 - 1018 - 100 - 040 - 1019 - 100 - 040 - 1020 - 100 - 040 - 1021 - 100 - 040 - 1022 - 100 - 040 - 1023 - 100 - 040 - 1024 - 100 - 040 - 1025 - 100 - 040 - 1026 - 100 - 040 - 1027 - 100 - 040 - 1028 - 100 - 040 - 1029 - 100 - 040 - 1030 - 100 - 040 - 1031 - 100 - 040 - 1032 - 100 - 040 - 1033 - 100 - 040 - 1034 - 100 - 040 - 1035 - 100 - 040 - 1036 1 PIN 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 29 - 29 - 29 - 29 - 29 - .29 - 29 - 29 - 29 - 29 - 29 - 29 - 29 - 29 - 29 - 29 - 29 - 29 - 29 - 29 - 29 - 29 - 29 - 29 - 29 - 29 - 29 - 29 - 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 101 101 101 - 040 040 040 040 040 040 040 040 040 040 040 040 040 040 040 040 041 042 042 042 042 042 042 042 042 002 003 004 - 1037 - 1038 - 1039 - 1040 - 1041 - 1042 - 1043 - 1044 - 1045 - 1046 - 1047 - 1048 - 1049 - 1050 - 1051 - 1052 - OOOO - 1001 - 1002 - 1003 - 1004 - 1005 - 1006 - 1007 - 1008 - OOOO - OOOO - OOOO 15449 REPORTS OF COMMITTEES 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 19 of 28) PIN 1009 1010 IOU 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 . - 29 29 29 29^ 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 - 101 - 005 - 101 - 006 - 101 - 007 - 101 - 008 - 101 - 009 - 101 - 010 - 101 - OU - 101 - 012 - 101 - 013 - 101 - 014 - 101 - 015 - 101 - 016 - 101 - 034 - 101 - 035 - 101 - 036 - 101 - 037 - 101 - 039 - 101 - 040 - 101 - 041 - 101 - 042 - 101 - 043 - 101 - 044 - 101 - 045 - 101 - 045 - 101 - 045 - 101 - 045 - 101 - 048 -, 101 - 049 1 - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - oooo . oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - 1001 1002 1003 1004 - oooo - oooo PIN 1037 14 - 29 1038 14 - 29 1039 14 - 29 1040 14 - 29 1041 14 - 29 1042 14 - 29 1043 14 - 29 1044 14 - 29 1045 14 - 29 1046 14 - 29 1047 14 - 29 1048 14 - 29 1049 14 - 29 1050 14 - 29 1051 14 - 29 1052 14 - 29 1053 14 - 29 1054 14 - 29 1055 14 - 29 1056 14 - 29 1057 14 - 29 1058 14 - 29 1059 14 - 29 1060 14 - 29 1061 14 - 29 1062 14 - 29 1063 14 - 29 1064 14 - 29 - 102 102 102 102 102 102 102 102 102 102 102 102 102 102 102 102 102 102 102 102 102 103 103 103 103 103 103 103 - 001 - OOOO O U - OOOO 012 - oooo 013 - oooo 014 - oooo 015 - oooo 016 - oooo 017 - oooo 018 - oooo 019 - oooo 020 - oooo 021 - oooo 022 - oooo 023 - oooo 024 . oooo 025 - oooo 026 - oooo 027 - oooo 028 - oooo 029 - oooo 030 - oooo 001 - oooo 002 - oooo 003 - oooo 004 - oooo - 005 - 006 - 007 - oooo - oooo - oooo JOURNAL-CITY COUNCIL-CHICAGO 15450 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 20 of 28) PIN 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 . - 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 - 103 - 008 103 - 009 103 - 010 103 - on 103 - 012 103 - 013 104 •• 002 104 •• 003 104 -• 004 104 -• 005 104 •- 006 104 •• 007 104 - 008 104 - 017 104 - 018 104 - 019 104 - 020 104 - 021 104 - 022 104 - 023 104 - 024 104 - 025 104 - 026 104 - 027 104 - 028 104 - 029 104 - 030 104 - 034 PIN 1 - OOOO - OOOO - OOOO - OOOO - OOOO - oooo - oooo - oooo . oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo -oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo 1093 1094 1095 1096 1097 1098 1099 UOO UOI 1102 1103 1104 1105 1106 1107 1108 1109 1110 nil 1112 1113 1114 1115 1116 1117 1118 1119 1120 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 29 29 29 29 29 29 29 29 29 29 - 2? - 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 1 - 104 - 035 - OOOO - 104 - 039 - OOOO - 104 - 040 - OOOO - 104 - 041 - OOOO - 104 - 042 - 1001 - 104 - 042 - 1002 - 104 - 042 - 1003 - 104 - 042 - 1004 - 104 - 042 - 1005 - 104 - 042 - 1006 - 104 - 043 - OOOO - 104 - 044 - 1001 - 104 - 044 - 1002 - 104 - 044 - 1003 - 104 - 044 - 1004 - 104 - 044 - 1005 - 104 - 044 - 1006 - 104 - 044 - 1007 - 104 - 044 - 1008 - 104 - 044 - 1009 - 104 - 044 - 1010 - 104 - 044 - 1011 - 104 - 044 - 1012 - 104 - 044 - 1013 - 104 - 044 - I0I4 - 104 - 044 - 1015 - 104 - 044 - 1016 - 104 - 044 - 1017 REPORTS OF COMMITTEES 12/17/2003 15451 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 21 of 28) PIN 1121 14 1122 14 1123 14 1124 14 1125 14 1126 14 1127 14 1128 14 1129 14 1130 14 1131 14 1132 14 1133 14 1134 14 1135 14 1136 14 1137 14 1138 14 1139 14 . 1140 1 1"* 1141 1 141142 14 1143 14 1144 14 1145 14 1146 14 1147 14 1148 I 14- 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 - 104 104 104 104 104 104 104 104 104 104 104 104 104 104 104 104 104 104 104 104 104 104 104 104 104 29 - 104 29 - 104 29 - 104 - 1 PIN 044 044 044 044 044 044 044 044 044 044 044 044 044 044 044 044 044 044 044 044 044 044 044 044 044 044 044 044 - 1018 1019 1020 1021 1022 1023 1024 - 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 - 1035 1036 1037 10381 1039 1040 1041 1042 1043 1044 1045 1149 1150 1151 1152 1153 L 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 -• -• •• •• - 29 29 29 29 29 29 29 29 14- 29 29 29 29 29 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 1175 14 1176 1 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 - 104 104 104 104 104 104 104 104 104 104 104 104 104 104 104 104 104 104 104 104 105 105 105 105 105 105 108 108 . - 044 044 044 044 044 044 044 044 044 044 044 044 044 044 044 044 044 044 044 044 047 047 047 047 047 047 002 003 - 10461 - 1047 - 1048 - 1049 - 1050 - 1051 - 1052 - 1053 - 1054 - 1055 - 1056 - 1057 - 1058 - 1059 -1060 - 1061 - 1062 - 1063 - 1064 - 1065 - 1001 - 1002 - 1003 - 1004 - 1005 - 1006 - OOOO - OOOO 15452 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 22 of 28) PIN 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 -• .• •• •• •• •• - 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 - 108 108 108 108 108 108 108 108 109 109 109 109 109 109 109 109 109 109 109 109 109 109 109 109 109 109 109 109 - 1 004 005 006 007 008 033 042 043 001 002 003 004 006 007 008 009 010 - OOOO - OOOO - OOOO - OOOO - OOOO - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo on - oooo 012 - oooo 013 - oooo 014 - oooo 015 - oooo 016 - oooo 017 - oooo 018 - oooo 019 - oooo 040 - 1001 040 - 1002 PIN 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 - 109 109 112 112 112 112 - 112 112 112 112 112 112 - 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 1 - 1003 - 1004 1 - OOOO - OOOO - OOOO - OOOO - 005 - OOOO - 006 - OOOO - 007 - oooo - 008 - oooo - 009 - oooo - 010 - oooo - 001 - oooo - 002 - oooo - 003 - oooo - 004 - oooo - 017 - oooo - 018 - oooo - 019 - oooo - 020 . oooo - 021 - oooo - 022 - oooo - 023 - oooo - 024 - oooo - 025 - oooo - 026 - oooo - 027 - oooo - 028 - oooo - 040 040 001 002 003 004 REPORTS OF COMMITTEES 12/17/2003 15453 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 23 of 28) 1 PIN 1233 14 1234 14 1235 14 1236 14 • 1237 14 1238 14 1239 14 1240 14 1241 14 1242 14 1243 14 1244 14 •• 1245 14 •1246 14 •1247 14 • 1248 14 1249 14 1250 14 1251 14 1252 14 1253 14. 1254 1 14 • 1255 14 1256 14 1257 14 1258 14 1259 14 1260 14 - 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 - 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 - 029 030 033 034 036 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 038 038 038 038 - OOOO - OOOO - OOOO - OOOO - OOOO - OOOO - 1001 - 1002 - 1003 - 1004 - 1005 - 1006 - 1007 - 1008 - 1009 - 1010 - IOU - 1012 - 1013 - 1014 - 1015 1016 1017 1018 1001 1002 1003 1004 1 PIN 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 - 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 113 114 116 - 1005 - 1006 - 1007 - 1008 - 1009 - 1010 - 1011 - 1012 - 1013 - 1014 - 1015 - 1016 - 1017 - 1018 - 1019 - 1020 - 1021 - 1022 - 1023 - 1024 - 1025 - 1026 - 1001 - 1002 - 1003 - 040 - 1004 - 026 - OOOO - 001 - OOOO - 038 038 038 038 038 038 038 038 038 038 038 038 038 038 038 038 038 038 038 038 038 038 040 040 040 15454 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 24 of 28) PIN 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 1315 1316 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 29 - 116 - 002 29 - 116 - 003 29 - 116 - 004 29 - 116 - 005 29 - 116 - 006 29 - 116 - 007 29 - 116 - 008 29 - 116 - 009 29 - 116 - 010 29 - 116 - 049 29 - 116 - 049 29 - 116 - 049 29 - 116 . 049 29 - 116 - 049 29 - 118 - 001 29 - 118 - 003 29 - 118 - 004 29 - 118 - 005 29 - 118 - 006 29 - 118 - 012 29 - 118 - 013 29 - 118 - 014 29 - 118 - 015 29 - 118 - 016 29 - 118 - 017 29 - 118 - 018 29 - 118 - 019 29 - 118 - 020 1 - OOOO OOOO OOOO OOOO - OOOO -oooo - oooo - oooo - oooo - 1001 1002 1003 1004 1005 OOOO OOOO - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo PIN 14 14 14 14 14 14 14 14 1325 14 1326 14 1327 14 1328 -14 1329 14 1330 14 1331 14 1332 14 1333 14 1334 14 1335 14 1336 14 1337 14 1338 14 1339 14 1340 14 1341 14 1342 14 1343 14 1344 14 1317 1318 1319 1320 1321 1322 1323 1324 - 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 - 118 118 118 118 118 118 118 118 118 118 118 118 118 118 118 118 118 118 118 118 118 118 118 118 118 118 118 118 1 - 021 047 048 061 061 061 061 061 061 061 061 061 061 061 061 061 061 061 061 061 061 061 061 061 061 061 061 061 - OOOO - OOOO - OOOO - 1001 - 1002 - 1003 - 1004 - 1005 - 1006 - 1007 - 1008 - 1009 - 1010i - 1011 - 1012 - 1013 - 1014 - 1015 - 1016 - 1017 - 1018 - 1019 - 1020 - 1021 - 1022 - 1023 - 1024 - 1025 ..1 15455 REPORTS O F COMMITTEES 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 25 of 28) PIN 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 1368 1369 14 1370 14 1371 14 1372 14 • •• •• •• •• • • • •- 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 - 118 118 118 118 118 118 118 118 118 120 120 120 120 120 122 122 122 122 122 122 122 122 122 122 122 122 122 122 1 - 061 061 061 061 061 061 061 061 061 007 008 009 010 045 001 002 003 025 029 030 031 032 033 034 035 036 037 038 - 1026 1027 1028 1029 1030 1031 1032 1033 1034 OOOO OOOO OOOO OOOO OOOO OOOO OOOO - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo PIN 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 1393 1394 1395 1396 1397 1398 1399 1400 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 .14 14 14 14 14 14 - 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 - 122 122 122 122 122 122 122 122 122 122 122 122 122 122 122 122 122 122 122 122 122 124 124 124 124 124 124 124 1 - 039 042 043 044 045 046 047 048 049 049 049 049 049 050 050 050 050 050 050 050 050 002 003 004 005 006 007 008 - OOOO ' OOOO OOOO OOOO OOOO OOOO - oooo - oooo - 1001 - 1002 - 1003 - 1004 - 1005 - 1001 - 1002 - 1003 - 1004 - 1005 - 1006 - 1007 - 1008 - OOOO - OOOO - OOOO - OOOO - OOOO - oooo - oooo JOURNAL-CITY COUNCIL-CHICAGO 15456 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 26 of 28) PIN 1401 1402 1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427 1428 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 • - 29 29 29 29 29 29 29 29 29 29 29 29 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 1 - 124 124 124 124 124 124 - 009 010 050 050 050 051 - 124 128 128 128 128 128 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 . - 052 - OOOO 001 - oooo 002 . oooo 003 - oooo 004 - oooo 005 - oooo 030 - oooo 033 - oooo 044 - oooo 049 - oooo 050 - oooo 051 - oooo 052 - oooo 055 - oooo 057 - oooo 060 - oooo 063 - oooo 064 - oooo 065 - oooo 066 - oooo 067 - 1001 067 - 1002 - OOOO OOOO 1001 1002 1003 OOOO PIN 1429 14 1430 14 1431 14 1432 14 1433 14 1434 14 1435 14 1436 14 1437 14 1438 14 1439 14 1440 14 1441 14 1442 14 1443 14 1444 14 1445 14 1446 14 1447 14 1448 14 1449 14 1450 14 1451 14 1452 14 1453 14 1454 14 1455 14 1456 14 - 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 - 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 1 - 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 - 1003 - 1004 - 1005 - 1006 - 1007 - 1008 - 1009 - 1010 - IOU - 1012 - 1013 -1014 - 1015 - 1016 - 1017 - 1018 - 1019 - 1020 - 1021 - 1022 - 1023 - 1024 - 1025 - 1026 - 1027 - 1028 - 1029 - 1030 REPORTS OF COMMITTEES 12/17/2003 15457 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 27 of 28) 1 PIN 1457 1458 1459 1460 1461 1462 1463 1464 1465 1466 1467 1468 1469 1470 1471 1472 1473 1474 1475 1476 1477 1478 1479 1480 1481 1482 1483 1484 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 30 30 30 30 30 30 30 30 30 - 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 - 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 - 204 204 204 204 204 204 - 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 - 1031 - 1032 - 1033 - 1034 - 1035 - 1036 - 1037 - 1038 - 1039 - 1040 - 1041 - 1042 - 1043 - 1044 - 1045 - 1046 - 1047 - 1048 - 1049 - 1050 - 1051 - 1052 - 1053 1054 1055 1056 1057 1058 1 PIN 1485 1486 1487 1488 1489 1490 1491 1492 1493 1494 1495 1496 1497 1498 1499 1500 1501 1502 1503 1504 1505 1506 1507 1508 1509 1510 1511 1512 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 •. -• -• •• •• .• •• •• •• •• ••••• •• • •• •• - 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 - 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 - 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 - 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 JOURNAL-CITY COUNCIL-CHICAGO 15458 12/17/2003 Exhibit 3. (To Ordinance) Permanent Index Numbers. (Page 28 of 28) PIN 1513 1514 1515 1516 1517 1518 1519 1520 1521 1522 1523 1524 1525 1526 1527 1528 1529 1530 1531 1532 1533 1534 1535 1536 1537 1538 1539 1540 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 - 30 - 30 -30 - 30 - 30 - 30 - 30 - 30 - 30 - 30 - 30 - 30 - 30 - 30 - 30 - 30 - 30 - 30 - 30 - 30 - 30 - 30 - 30 - 30 - 30 - 30 - 30 - 30 . - 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 1 - 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 067 - 1087 - 1088 - 1089 - 1090 -1091 - 1092 - 1093 - 1094 - 1095 - 1096 - 1097 - 1098 - 1099 - UOO - UOI - 1102 - 1103 - 1104 - 1105 - 1106 - 1107 - 1108 - 1109 - UIO - UU 1112 1113 1114 PDSf 1541 14 1542 14 1543 14 1544 14 1545 14 1546 14 -• 1547 14 .• 1548 14 •1549 14 •1550 14 •• 1551 14 •1552 14 •• 1553 14 •1554 14 •1555 14 • 1556 14 1557 14 1558 14 1559 14 • 1560 14 1561 14 1562 14 1563 14 • 1564 14 1565 14 1566 14 1567 14 1568 14 - 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 - 204 204 204 212 212 212 212 212 212 212 216 216 216 224 224 224 224 224 224 224 224 - 225 225 225 225 225 225 225 1 - 067 067 067 033 034 035 036 037 038 039 004 005 006 017 028 032 033 035 036 037 038 028 029 030 031 032 033 034 - 1115 1116 1117 OOOO OOOO OOOO OOOO OOOO OOOO OOOO - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo - oooo 12/17/2003 REPORTS OF COMMITTEES 15459 Exhibit 4. (To Ordinance) Agreement For Special Service Area Number 2 7 Between The City Of Chicago (Represented By The Special Service Area Commission) And Lakeview Chamber Of Commerce Effective January 1, 2004 Through December 3 1 , 2005. This Agreement for the management of Special Service Area Number 27 is entered into by and between the Lakeview Chamber of Commerce, an Illinois not-for-profit corporation ("Contractor"), and the City ofChicago ("City"), a municipal corporation and home rule unit oflocal govemment existing underthe Constitution ofthe State oflllinois, acting through the Special Service Area Commission at Chicago, Illinois. RECITALS WHEREAS, special service areas may be established pursuant to Article VII, §§ 6(1) and 7(6) ofthe Constitution ofthe State oflllinois, and pursuant to the provisions ofthe Special Service Area Tax Law, 35 ILCS 200/27-5 et seq.: and WHEREAS, the City Council ofthe City ofChicago ("City Council") has established a special service area known and designated as "Special Service AreaNumber 27" ("Area"), to provide special services in addition to those services provided generally by the City ("Special Services"). The City Council has further authorized the levy ofan annual ad valorem real property tax in the Area sufficient to produce revenues required to provide those Special Services but not to exceed 0.2% of the equalized assessed value ofall property within the Area ("Service Tax"), all £is provided in the Establishment Ordinance (hereinafter defined); and WHEREAS, the City Council, on , 2003, authorized the levy ofthe Service Tax and appropriation of the funds therefrom for the Area for fiscal year 2004 for the provision of the Special Services in the Area, and the City wishes to provide that the Contractor, beginning on January 1, 2004, and continuing until December 31, 2004, may use those funds to provide the Services, subject to the terms and conditions ofthis Agreement; and WHEREAS, the Contractor and the City desire to enter into this Agreement to provide such Special Services in the Area and the Contractor is ready, willing and able to enter into this Agreement to provide the Special Services to the full satisfaction ofthe City; NOW, THEREFORE, in consideration ofthe mutual promises contained in this Agreement, the City and the Contractor agree as follows: 15460 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 ARTICLE 1 INCORPORATION OF RECITALS The recitals set forth above are incorporated by reference as if fully set forth herein. ARTICLE 2 DEFINITIONS The foUowing words and phrases shall have the following meanings for purposes of this Agreement: "Agreement" means this Special Service Area Agreement, including all exhibits attached to it and incorporated in it by reference, and all amendments, modifications or revisions made in accordance with its terms. "Commissioner" means the Commissioner ofthe Department ofPIanning and Development or a duly authorized representative of the Commissioner of the Department of Planning and Development. "Construction" means landscaping, building activities, including but not limited to, physical building improvements, installations, and other fixed works, but does not include pre-development work (design and preparation of specifications). "Days" means business days in accordance with the City ofChicago business calendar. "Department" means the City ofChicago Department ofPIanning and Development. "Establishment Ordinance" means, the ordinance enacted by City Council on , 2003, and any subsequent amendments thereto authorizing imposition ofthe Service Tax and setting forth the Special Services to be provided in the Area. "Risk Management Division" means the Risk Management Division ofthe Department of Finance which is under the direction ofthe Comptroller ofthe City and is charged with reviewing and zmalyzing insurance and related liability matters for the City. "Security Firm" means a business entity certified by the State of Illinois pursuant to the Private Detective, Private Alarm and Private Security Act of 1993, 225 ILCS 446/1 et seq.. and whose employees are licensed by the State oflllinois. "Services" means, collectively, the services, duties and responsibilities described in Article 3 and Exhibit I (Scope of Services) of this Agreement and any revisions thereof and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement. "Service Tax Funds" means the amount actually collected pursuant to the Service Tax. 12/17/2003 REPORTS OF COMMITTEES 15461 "Special Service Area Commission ('SSAC')" means the body established pursuant to the Establishment Ordinance to prepare the Budget, identify a Contractor and supervise the provision ofthe Special Services in the Area. "Subcontractor" means any person or entity with whom Contractor contracts to provide any part ofthe Services, including subcontractors ofany tier, subconsultants ofany tier, suppliers and materialmen, whether or not in privity with the Contractor. "Surplus Funds" means those Service Tax Funds already collected and disbursed to the Contractor in prior years for the provision of Special Services in the Area which remain unspent, including any interest eamed thereon. ARTICLE 3 DUTIES AND RESPONSIBILITIES OF CONTRACTOR 3.01 Scope of Services The Services that the Contractor shall provide from January 1,2004 through December 31, 2004 of this Agreement include, but are not limited to, those described in this Article 3 and in Exhibit 1 which is attached hereto and incorporated by reference as if fully set forth here. The SSAC reserves the right to require the Contractor to perform revised services that are within the general scope of services of this Agreement and of the Special Services identified in the Establishment Ordinance subject to the same terms and conditions herein. Revised services are limited to changes or revisions to the line items in the Budget, do not affect the maximum compensation, and require the prior written approval ofthe SSAC. The SSAC may by written notice to the Department and the Contractor delete or zmiend the figures contained and described in the Budget attached hereto as Exhibit 2 and incorporated by reference as if fully set forth herein. The Contractor shall provide the Services in accordance with the standards of perfonnance set forth in Section 3.02. Prior to the second year ofthis Agreement, and no later than the deadline established by the Department, the SSAC, in consultation with the Contractor, must prepare and provide to the Department a proposed Budget and Scope of Services for that year, comprised of services authorized in the Establishment Ordinance, for the approval ofthe Commissioner. Ifthe parties agree on the Scope of Services and the Budget for that year, this Agreement will be amended to include such budget and scope of services. If the parties do not agree and an amendment is not executed, this Agreement will terminate at the end ofthe first year ofthis Agreement. 3.02 Standard of Performance The Contractor shall perform all Services required of it with that degree of skill, care and diligence normally shown by a contractor performing services ofa scope, purpose and magnitude comparable with the nature of the Services to be provided hereunder. The Contractor shall at all times use every reasonable effort on behalf of the City to assure timely and satisfactory rendering and completion of its Services. 15462 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 The Contractor shall at all times act in the best interests of the City consistent with the professional obligations assumed by it in entering into this Agreement. The Contractor shall perform all Services in accordance with the terms and conditions of this Agreement and to the full satisfaction of the SSAC. The Contractor shall fumish efficient business administration and supervision to render and complete the Services at reasonable cost. The Contractor shall assure that all Services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. The Contractor remains responsible for the professional and technical accuracy of all Services provided, whether by the Contractor or its Subcontractors or others on its behalf Ifthe SSAC determines that the Contractor has failed to comply with the foregoing standards, the Contractor shall perform again, at its own expense, all Services required to be reperformed as a direct or indirect result of such failure. Any review, approval, acceptance or payment for any or all ofthe Services by the City does not relieve the Contractor ofits responsibility for the professional and technical accuracy of its Services. This provision in no way limits the City's rights against Contractor, either under this Agreement, at law or in equity. 3.03 Personnel A. Key Personnel The Contractor shall, immediately upon receiving a fully executed copy ofthis Agreement, assign and maintain during the term ofthis Agreement and any extension thereof an adequate staff of competent persormel, who are fiilly equipped, licensed as appropriate, available as needed, qualifled and assigned to perform the Services. Contractor shall pay the salaries and wages due all its employees performing Services under this Agreement unconditionally and at least once a month without deduction or rebate on any account, except only for such payroll deductions as are mandatory by law or are permitted under applicable law and regulations. B. Prevailing Wages If the Contractor engages in Construction, it shall comply, and shall cause all of its Subcontractors to comply by inserting appropriate provisions in their contracts, with 820 ILCS 130/0.01 etseq. regarding the payment ofthe general prevailing rate of hourly wage for all laborers, workers, and mechanics employed by or on behalf of the Contractor and all Subcontractors in connection with any and all Construction work. The prevailing rates of wages applicable at the time of execution ofthis Agreement are included in Exhibit 6 to this Agreement, which is incorporated by reference as though fully set forth herein. C. Illinois Workers, Veterans' Preference and Steel Products 12/17/2003 REPORTS OF COMMITTEES 15463 If the Contractor engages in Construction, it shall comply, and shall cause all of its Subcontractors to comply by inserting appropriate provisions in their contracts, with the Employment oflllinois Workers on Public Works Act, 30 ILCS 570/0.01 etseq.. the Veterans Preference Act, 330 ILCS 55/0.01 et seq.. and the Steel Products Procurement Act, 35 ILCS 30/565/1 et seg. 3.04 Nondiscrimination A. Federal Requirements It shall be an unlawful employment practice for the Contractor (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation or the terms, conditions, or privileges of his employment because of such individual's race, color, religion, sex, age, handicap or national origin; or (2) to limit, segregate, or classify its employees or applicants for employment in emy way which would deprive or tend to deprive any individual of employment opportimities or otherwise adversely affect his status as an employee, because ofsuch individual's race, color, religion, sex, age, handicap or national origin. The Contractor shall comply with the Civil Rights Act of 1964,42 U.S.C. § 2000 etseq.. as amended. 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. 14,303 (1967) and by Exec. Order No. 12,086, 43 Fed. Reg. 46,501 (1978); Age Discrimination Act, 42 U.S.C. §§6101-06; Rehabilitation Actof 1973,29U.S.C.§§ 793-94; Americans with Disabilities Act of 1990,42 U.S.C. § 12101 et seq.. and 41 C.F.R. Part 60 et seq. B, State Requirements Contractor shall comply with the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq.. the Equal Employment Opportunity Clause, III. Admin. Code tit. 5, §750 Appendix A and the Public Works Employment Discrimination Act, 775 ILCS 10/0.01 et seq. as amended. C. Citv Requirements Contractor shall comply with the Chicago Human Rights Ordinance, § 2-160-010 et seq.. as amended, of the Municipal Code of Chicago. 3.05 Insurance The Contractor shall comply with the insurance provisions attached hereto as Exhibit 4 and incorporated by reference as if fully set forth herein, or such other insurance provisions as may be required in the reasonablejudgement ofthe Risk Management Division. Ifthe Contractor enters into 15464 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 a subcontract with a Security Firm such Security Firm shall comply with the insurance provisions attached hereto as Exhibit 5 and incorporated by reference as if fully set forth herein, or such other insurance provisions as may be required in the reasonable judgement of the Risk Management Division. If the Contractor subcontracts with a Subcontractor other than a Security Firm, such Subcontractor shall comply with the Contractor insurance provisions attached hereto as Exhibit 4. The Risk Management Division may waive or reduce any ofthe insurance requirements set forth herein. In addition, the Risk Management Division will review each new Scope of Services which the SSAC, in consultation with the Contractor, prepares annually during the term of this Agreement pursuant to Section 3.01 and may, if wishes, revise the insurance required herein. 3.06 Indemnification A. On written notice from the City of Losses the City believes are Losses Arising under this Agreement as defmed in this Section 3.06, the Contractor shall defend, indemnify, and hold completely harmless the City Indemnitees from and against such Losses, regardless of whether Contractor challenges the City's belief The defense, indemnification and hold harmless obligations ofthe Contractor toward City Indemnitees remain an affirmative obligation of Contractor following the City's notice of Losses the City believes are Losses Arising under this Agreement, unless and until a court of competent jurisdiction finally determines otherwise and all opportunities for appeal have been exhausted or have lapsed. B. For purposes ofthis Section 3.06, "City Indemnitees" means, individually and collectively, the City ofChicago, its officials, agents, employees and SSAC members. "Losses" means, individually and collectively, all kinds of liabilities, losses, suits, claims, damages, judgments, fines, and demands, including all reasonable costs for investigation, reasonable attorneys' fees, court costs, and experts' fees, arising by reason of injury or death of any person, damage to property, patent or copyright infringement. "Arising under this Agreement" means (i) arising out of awarding this Agreement, (ii) arising out ofthe enforcement ofthis Agreement, including the enforcement ofthis indemnification provision; (iii) arising out of or in connection with Contractor's perfonnance or non-performance of this Agreement (including the acts or omission of Contractor, ils officers, agents, employees, consultants, subconsultants, licensees, or invitees), any breach by any of them ofany warranty made under this Agreement, or any failure by any of them to meet any applicable standard of performamce under this Agreement; or (iv) any combination ofany ofthe foregoing. C. To the extent permissible by law. Contractor waives any limits on Contractor's liability that it would otherwise have by virtue of the Worker's Compensation Act or any other related law or judicial decision (such as Kotecki v. Cyclops Welding Corporalion, 146 111. 2d 155 12/17/2003 REPORTS OF COMMITTEES 15465 (1991)). The City, however, does not waive any limitations it may have on its liability under the Worker's Compensation Act or under the Illinois Pension Code. D. The City has the right, at its option and at its own expense, to participate in the defense of any suit without relieving Contractor of any of its obligations under this indemnity provision. The requirements set forth in this indemnity provision are separate from and not limited by the amount of insurance Contractor is required to obtain under this Agreement or by its bonds pursuant to other provisions in this Agreement. Further, the indemnitees contained in this provision survive the expiration or termination ofthis Agreement. 3.07 Records and Audits The Contractor shall deliver or cause to be delivered all documents, data, studies, reports, findings or information to the SSAC promptly in accordance with the time limits prescribed herein and if no lime limit is specified, then upon reasonable demand therefore, or upon termination or completion of the Services hereunder. The Contractor and any Subcontractors shall fumish the SSAC with semi-annual reports or provide such information as may be requested relative to the performance and cost ofthe Services. The Contractor shall maintain records showing actual time devoted and costs incurred. The Contractor shall keep books, documents, paper, records and accounts in cormection with the Services open to inspection, copying, abstracting, transcription, and an independent audit by City employees or agents or third parties, and shall make these records available to the City and any other interested govemmental agency at reasonable times during the performance of its Services. In addition. Contractor shall retain them in a safe place and make them available for an independent audit, inspection, copying and abstracting for at least five years after the final payment made in connection with this Agreement. THE CONTRACTOR SHALL NOT COMMINGLE SERVICE TAX FUNDS WITH FUNDS FROM OTHER SOURCES, and to the extent that the Contractor conducts any business operations separate and apart from the Services hereunder using, for example, personnel, equipment, supplies or facilities also used in connection with this Agreement, then the Contractor shall maintain and make similariy available to the City detailed records supporting the Contractor's allocation to this Agreement ofthe costs and expenses attributable to any such shared usages. The Contractor shall provide an annual audited financial statement to the Department and the SSAC within 120 calendar days after the end ofthe calendar year and the system of accounting shall be in accordance with generally accepted accounting principles and practices, consistently applied throughout. No provision in this Agreement granting the City a right of access to records and documents is intended to impair, limit or affect any right of access to such records and documents that the City would have had in the absence ofsuch provisions. The City may in its sole discretion audit the records of Contractor or its Subcontractors, or 15466 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 both, at any time during the term ofthis Agreement or within five years after the Agreement ends, in connection with the goods, work, or services provided under this Agreement. Each calendar year or partial calendar year is considered an "audited period." If, as a result of such an audit, it is determined that Contractor or any of its Subcontractors has overcharged the City in the audited period, the City will notify Contractor. Contractor must then promptly reimburse the City for any amounts the City has paid Contractor due to the overcharges and also some or all ofthe cost ofthe audit, as follows: A. Ifthe audit has revealed overcharges to the City representing less than 5% of the total value, based on the Agreement prices, ofthe goods, work, or services provided in the audited period, then the Contractor must reimburse the City for 50% ofthe cost of the audit and 50% ofthe cost ofeach subsequent audit that the City conducts; B. If, however, the audit has revealed overcharges to the City representing 5% or more of the total value, based on the Agreement prices, of the goods, work, or services provided in the audited period, then Contractor must reimburse the City for the full cost ofthe audit and ofeach subsequent audit. Failure of Contractor to promptly reimburse the City in accordance with Section A or B above is an event of default under Section 7.01 ofthis Agreement, and Contractor will be liable for all of the City's costs of collection, including any court costs and attorneys' fees. 3.08 Subcontracts and Assignments The Contractor shall not assign, delegate, subcontract or otherwise transfer all or emy part of its rights or obligations under this Agreement or any part hereof, unless otherwise provided for herein or without the express written consent ofthe SSAC. The absence of such provision or written consent shall void the attempted assigrunent, delegation or transfer and shall be of no effect as to the Services or this Agreement. All subcontracts, all approvals of Subcontractors and any assignment to which the SSAC consents are, regardless of their form, deemed conditioned upon performance by the Subcontractor or assignee in accordance with the terms and conditions ofthis Agreement. Ifthe Contractor subcontracts for security services, the Subcontractor shall be a Security Firm certified by the State oflllinois and the Security Firm's employees shall be licensed by the State of Illinois. The Contractor, upon entering into any subcontract with a Security Firm, shall fumish the SSAC and the Department with a copy ofthe subcontract for their approval. The City expressly reserves the right to approve all Security Firm subcontracts. 3.09 License, Permits and Safety Considerations A. Licenses and Permits 12/17/2003 REPORTS O F COMMITTEES 15467 If the Contractor engages in Construction, it is responsible for and, in a timely manner consistent with its obligations hereunder, shall secure and maintain at its expense such permits, licenses, authorizations and approvals as are necessary for it to engage Construction under this Agreement. B. Safety Considerations Ifthe Contractor engages in Construction, it shall at all times exercise reasonable care, shall comply with all applicable provisions of federal, state and local laws to prevent accidents or injuries, and shall take all appropriate precautions to avoid damage to and loss of City property and the property of third parties in connection with the Construction. The Contractor shall erect and properly maintain at all times all necessary safeguards, barriers, flags and lights for the protection ofits and its Subcontractors' employees. City employees, and the public. Ifthe Contractor engages in Construction, it shall report to the Department any damage on, about, under or adjacent to City property or the property of third persons resulting from its performance under this Agreement. The Contractor is responsible for any damage to City property and the property of third parties due, in whole or in part, to the Contractor's Construction activities under this Agreement, and the Contractor shall repair such damage to a reasonably acceptable standard. 3.10 Performance Bond Ifthe Contractor engages in Construction work where expenditures exceed $ 100,000, it shall, not later than the date the Contractor begins such work or executes a subcontract for such work, provide or cause to be provided to the Department a performance and payment bond in the amount allocated for the Constmction work (but not including the amount allocated for design and preparation of specifications), by a surety or sureties acceptable to the City. The performance bond shall be in the form ai\d to the effect of Exhibit 7 hereto, which is incorporated by reference as if fully set forth here. If any of the sureties on such bond at any time fail financially, or etre deemed to be insufficient seciirity for the penalty ofthe bond, then the City may, on giving 10 days notice thereof in writing, require the Contractor to fumish a new and additional bond with sureties satisfactory to the City, and, if so required. Contractor must promptly provide such bond. ARTICLE 4 TERM OF SERVICES This Agreement shall take effect as of January 1,2004 ("Effective Date") and shall continue through December 31, 2005, or until the Agreement is terminated earlier in accordance with its terms. 15468 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 ARTICLES COMPENSATION 5.01 Basis of Payment The maximum compensation that the Contractor may be paid under this Agreement between January 1,2004 and December 31,2004 is the sum of (a) $325,400.00 or the total amount of Service Tax Funds actually collected for tax year 2003, whichever is less. For the second year ofthis Agreement, the maximum compensation that the Contractor may be paid under this Agreement is the amount set forth in the Budget for that year, pursuant to Section 5.02 and 8.03, or the amount of Service Tax ftinds actually collected for the preceding tax year, whichever is less; provided that the maximum amount of compensation for such year of this Agreement may also include the amount of Service Tax Funds collected for prior tax years which remain previously unspent. The City Comptroller will transfer the Service Tax Funds to the Contractor as received. The Contractor shall reimburse its Subcontractors for Services satisfactorily performed pursuant to the Budget. 5.02 Budget for Services The Contractor in conjunction with the SSAC has prepared a Budget through December 31, 2004, attached hereto as Exhibit 2 and incorporated by reference as if fully set forth here, covering all services described in the Scope of Services. Subject to the restriction that the maximum amount that may be spent in calendar year 2004 may not exceed $325,400.00, the SSAC reserves the right to transfer funds between line items or make Budget revisions that do not affect the maximum compensation set forth in Section 5.01. The SSAC shall revise the Budget ifany pairt ofthe Contractor's Services is terminated. For the second year of this Agreement, and subject to the provisions of Section 3.01, a Budget for that year shall be incorporated into this Agreement by written amendment pursuant to Section 8.03. 5.03 Method of Payment The Contractor shall establish a separate checking account ("Account") in a bank authorized to do business in the State oflllinois that is insured by the Federal Deposit Insurance Corporation. All Service Tax Funds that the Comptroller transfers to the Contractor shall be deposited in the Account and disbursements from the Account shall be pursuant to this Agreement. THE CONTRACTOR SHALL NOT COMMINGLE SERVICE TAX FUNDS WITH FUNDS FROM OTHER SOURCES. The Contractor shall provide to the SSAC the signature card and sample check from the bank which shows the signature(s) ofthe Contractor's authorized representative(s). The SSAC reserves the right to audit the account and require the Contractor to refund any funds that were 12/17/2003 REPORTS OF COMMITTEES 15469 not spent pursuant to the Budget or that were not approved by the SSAC. The name and address of the bank is and the wire transfer and the Account numbers are _ ^ . All funds remaining in the Account at the expiration or early termination ofthis Agreement, including any interest eamed, belong to the City for the benefit ofthe Area and shall be retumed to the City to be used only for Special Services. 5.04 Criteria for Payment The SSAC, in its sole discretion, shall determine the reasonableness, allocability and allowability ofany rates, costs and expenses charged or incurred by the Contractor. 5.05 Funding Payments under this Agreement shall be made from Service Tax Funds in fund number and are subject to the availability of funds therein. 5.06 Non-Appropriation In the event that no funds or insufficient funds are appropriated and budgeted in any City fiscal period for payments to be made under this Agreement, then the City will notify the Contractor of such occurrence and this Agreement shall terminate on the earlier of the last day of the fiscal period for which sufficient appropriation was made or whenever the funds appropriated for payment under this Agreement are exhausted. No payments shall be made or due to the Contractor under this Agreement beyond those amounts appropriated and budgeted by the City to fiind payments hereunder. ARTICLE 6 SPECIAL CONDITIONS 6.01 Warranties and Representations In cormection with the execution ofthis Agreement, the Contractor warrants and represents: A. That it is financially solvent; that it and each of its employees, agents, and Subcontractors are competent to perform the Services required; that it is legally authorized to execute and perform or cause to be performed this Agreement under the terms and conditions stated herein; and B. That it shall not knowingly use the services ofany ineligible Subcontractor for any purpose in the performance ofthe Services; and C. That it and its Subcontractors are not in default at the time of the execution of this 15470 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Agreement, or deemed by the Department to have, within five years immediately preceding the date ofthis Agreement, been found to be in default on any contract awarded by the City; and D. That it and, to the best of its knowledge, its Subcontractors are not in violation of the provisions of §2-92-320 ofthe Municipal Code ofChicago, 720 ILCS 5/33E-1 et seq. ofthe Criminal Code of 1961, and 65 ILCS 5/11-42.1-1 ofthe Illinois Municipal Code; and E. That it, all Subcontractors and their respective officers, directors, agents, partners, and employees shall cooperate with the Inspector General in any investigation or hearing undertaken pursuant to Chapter 2-56 ofthe Municipal Code ofChicago; that it understands £md will abide by all provisions of Chapter 2-56 ofthe Municipal Code ofChicago and all subcontracts shall inform Subcontractors of such provision and require understanding and compliance therewith; and F. That, except only for those representations, statements, or promises expressly contained in this Agreement and any exhibits attached hereto, no representation, statement or promise, oral or written, or ofany kind whatsoever, by the City, its officials, agents, or employees, has induced the Contractor to enter into this Agreement; and G. That the Contractor understands and agrees that any certification, affidavit or acknowledgment made under oath in connection with this Agreement is made under penalty of perjury and, if false, is also cause for termination for default. 6.02 Economic Disclosure Statement and Affidavit The Contractor has provided the City with an Economic Disclosure Statement (EDS), which is attached hereto as Exhibit 3 and incorporated by reference as iffijUyset forth herein. Contractor shall apprise the Department promptly of any changes in the information provided in the EDS by completing and submitting a revised EDS. In addition, the Contractor shall provide the City with copies of its latest articles of incorporation, by-laws and resolutions, or partnership or joint venture agreement, as applicable, and evidence of its authority to do business in the State of Illinois, including without limitation, registrations of assumed names or limited partnerships and certifications of good standing with the Office ofthe Secretary of State oflllinois. 6.03 Conflict of Interest Pursuant to Chapter 2-156 ofthe Municipal Code ofChicago, and 65 ILCS 5/3.1-55-10, no member ofthe goveming body ofthe City or other unit of govemment, no other officer, employee, SSAC member, or agent of the City or other unit of govemment who exercises any functions or responsibilities in connection with the Services to which this Agreement or any related subcontract 12/17/2003 REPORTS OF COMMITTEES 15471 pertain, and no relative ofany SSAC member shall have any personal economic or financial interest, directly or indirectly, in this Agreement or any such subcontract except to the extent that such benefits are provided equally to all residents and/or business owners in the Area. Furthermore, no SSAC member, relative of any SSAC member. City official, agent or employee shall be a Subcontractor, employee or shareholder of the Contractor or receive anything of value from the Contractor. No member of or delegate to the Congress of the United States or the Illinois General Assembly and no alderman ofthe City or City employee shall be admitted to any share or part ofthis Agreement or to any financial benefit to arise from it. The Contractor acknowledges that any agreement entered into, negotiated or performed in violation of any of the provisions of Chapter 2-156 shall be voidable by the City. The Contractor covenants that it, its officers, directors and employees, zmd the officers, directors and employees ofeach ofits members if a joint venture, and Subcontractors presently have no financial interest and shall acquire no interest, direct or indirect, in the Services undertaken by the Contractor pursuant to the Agreement that would conflict in any marmer or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement no person having any such interest shall be employed. The Contractor agrees that ifthe Commissioner in his reasonable judgment determines that any ofthe Contractor's services for others conflict with the Services the Contractor is to provide for the City under this Agreement, the Contractor shall terminate such other services immediately upon request ofthe City. 6.04 Non-liability of Public Officials No official, employee or agent ofthe City shall be cheu-ged personally by the Contractor, or by any assignee or Subcontractor ofthe Contractor, with any liability or expenses of defense or be held personally liable to them under any term or provision hereof, because ofthe City's execution or attempted execution hereof, or because ofany breach hereof 6.05 Independent Contractor The Contractor shall perform under this Agreement as an independent contractor to the City and not as a representative, employee, agent, or partner ofthe City. 6.06 Business Relationships with Elected Officials Pursuant to Section 2-156-030(b) ofthe Municipal Code ofthe City ofChicago, it is illegal for any elected official ofthe City, or any person acting at the direction ofsuch 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 15472 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 ofSection 2-156-030(b) by any elected official with respect to this Agreement is grounds for termination of this Agreement. The term business relationship is defined as set forth in Section 2-156-080 ofthe Municipal Code ofChicago. Section 2-156-080 defines a "business relationship" as any contractual or other private business dealing ofan official, or his or her spouse, or ofany entity in which an official or his or her spouse has a financial interest, with a person or 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 amy corporate subsidiary, parent or affiliate thereof, regardless ofthe value of or dividends on such shares, 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; (iii) 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 purcheised from an insurance company. A "contractual or other private business dealing" shall not include any employment relationship ofan official's spouse with am entity when such spouse has no discretion conceming or input relating to the relationship between that entity and the City. 6.07 Chicago "Living Wage" Ordinance (a) Section 2-92-610 ofthe Municipal Code of Chicago provides for a living wage for certain categories of workers employed in the performance of City contracts, specifically non-City employed security guards, parking attendants, day laborers, home and health care workers, cashiers, elevator operators, custodial workers and clerical workers ("Covered Employees"). Accordingly, pursuant to Section 2-92-610 and regulations promulgated under it: (i) If Contractor has 25 or more full-time employees, and (ii) If at any time during the performance of this Agreement, Contractor and/or any Subcontractor or any other entity that provides any portion of the Services (collectively "Performing Parties") uses 25 or more full-time security guards, or any number of other full-time Covered Employees, then (iii) Contractor must pay its Covered Employees, and must assure that all other Performing Parties pay their Covered Employees, not less than the minimum hourly rate as determined in accordance with this provision (the "Base Wage") for all Services performed under this Agreement. (b) Contractor's obligation to pay, and to assure payment of, the Base Wage will begin at any time during the term ofthis Agreement when the conditions set forth in (a)(i) and (a)(ii) above are met, and will continue until the end ofthe term ofthis Agreement. (c) As of July 1,2003, the Base Wage became $9.20, and each July 1 thereafter, the Base Wage will be adjusted, using the most recent federal poverty guidelines for a family of four as 12/17/2003 REPORTS OF COMMITTEES 15473 published annually by the U.S. Department of Health and Human Services, to constitute the following: the poverty guidelines for a family of four divided by 2000 hours or the current base wage, whichever is higher. At all times during the term ofthis Agreement, Contractor and all other Performing Parties must pay the Base Wage (as adjusted in accordance with the above). If the payment of prevailing wages is required for Services done under this Agreement, and the prevailing wages for Covered Employees are higher than the Base Wage, then Contractor and all other Performing Parties must pay the prevailing wage rates. (d) Contractor must include provisions in all subcontracts requiring its Subcontractors to pay the Base Wage to Covered Employees. Contractor agrees to provide the City with documentation acceptable to the Chief Procurement Officer demonstrating that all Covered Employees, whether employed by Contractor or by a Subcontractor, have been paid the Base Wage, upon the City's request for such documentation. The City may independently audit Contractor and/or Subcontractors to verify compliance with this section. Failure to comply with the requirements ofthis section will be an event of default under this Agreement, and further, failure to comply may result in ineligibility for any award ofa City contract or subcontract for up to 3 years. (e) Not-for-Profit Corporations: IfContractor is a corporation having federal tax-exempt status under Section 501(c)(3) ofthe Intemal Revenue Code and is recognized under Illinois not-for-profit law, then the provisions of Sections (a) through (d) above do not apply. 6.08 Deemed Inclusion Provisions required by law, ordinances, rules, regulations, or executive orders to be inserted in this Agreement are deemed inserted in this Agreement whether or not they appear in this Agreement or, upon application by either party, this Agreement will be amended to make the insertion; however, in no event will the failure to insert the provisions before or after this Agreement is signed prevent its enforcement. ARTICLE 7 EVENTS OF DEFAULT, REMEDIES, TERMINATION, RIGHT TO OFFSET, SUSPENSION 7.01 Events of Default Defined The following constitute events of default: A. Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance, made by Contractor to the City. B. Contractor's material failure to perform any ofits obligations under the Agreement including, but not limited to, the following: 15474 JOURNAL-CITY COUNCIL-CHICAGO 1 2 / 1 7 / 2003 (1) failure to commence or ensure timely completion ofthe Services due to a reason or circumstance within Contractor's reasonable control; (2) failure to perform the Services in a manner satisfactory to the City; (3) failure to promptly re-perform within a reasonable time Services that were rejected as erroneous or unsatisfactory; (4) discontinuance ofthe Services for reasons within the Contractor's reasonable control; (5) failure to comply with a material term ofthis Agreement, including but not limited to the provisions conceming insurance and nondiscrimination; and (6) any other acts specifically and expressly stated in this Agreement as constituting an event of default. C. The Contractor's default under any other agreement it may presently have or may enter into with the City during the life ofthis Agreement. The Contractor acknowledges and agrees that in the event ofa default under this Agreement the City may also declare a default under any such other agreements. 7.02 Remedies The occurrence ofany event of default which the Contractor fails to cure within 30 calendar days after receipt of notice specifying such default or which, if such event of default cannot reasonably be cured within 30 calendar days after notice, the Contractor fails, in the sole opinion of the Commissioner, to commence and continue diligent efforts to cure, permits the City to declare the Contractor in default. Whether to declare the Contractor in default is within the sole discretion of the Commissioner. Written notification ofthe default, and any intention ofthe City to terminate the Agreement, shall be provided to Contractor and such decision isfinaland effective upon Contractor's receipt of such notice. Upon receipt of such notice, the Contractor must discontinue any services, unless otherwise directed in the notice, and deliver all materials accumulated in the performance of this Agreement, whether completed or in the process of completion, to the City. At such time the City may invoke any legal or equitable remedy available to it including, but not limited to, the following: A. The right to take over and complete the Services or any part thereof as agent for and at the cost ofthe Contractor, either directly or through others. The Contractor shall have, in such event, the right to offset from such cost the amount it would have cost the City under the terms and conditions herein had the Contractor completed the Services. B. The right to terminate this Agreement as to any or all ofthe Services yet to be performed, effective at a time specified by the City. 12/17/2003 REPORTS OF COMMITTEES 15475 C. The right of specific performance, an injunction or any other appropriate equitable remedy. D. The right to money damages. E. The right to withhold all or any part of Contractor's compensation hereunder. F. The right to deem Contractor non-responsible in future contracts to be awarded by the City. If the City considers it to be in its best interest, it may elect not to declare default or to terminate this Agreement. The parties acknowledge that this provision is solely for the benefit ofthe City and that if the City permits the Contractor to continue to provide the Services despite one or more events of default, the Contractor is in no way relieved ofany ofits responsibilities, duties or obligations under this Agreement nor does the City waive or relinquish any ofits rights. No delay or omission to exercise any right accruing upon amy event of default impairs any such right nor shall it be construed as a waiver ofany event of default or acquiescence therein, and every such right may be exercised from time to time and as often as may be deemed expedient. 7.03 Right to Offset The City reserves its rights under §2-92-380 of the Municipal Code of Chicago and the Commissioner shall consult with the SSAC before exercising such rights. 7.04 Suspension The City may at any time request that the Contractor suspend its Services, or any part thereof, by giving 15 days prior written notice to the Contractor or upon no notice in the event of emergency. No costs incurred after the effective date ofsuch suspension shall be allowed. The Contractor shall promptly resume its performance upon written notice by the Department. The Budget may be revised pursuant to Section 5.02 to account for any additional costs or expenses actually incurred by the Contractor as a result of recommencing the Services. 7.05 No Damages for Delay The Contractor agrees that it, its members, if a partnership or joint venture and its Subcontractors shall make no claims against the City for damages, charges, additional costs or hourly fees for costs incurred by reason of delays or hindrances by the City in the performance of its obligations under this Agreement. 7.06 Early Termination In addition to termination for default, the City may, at any time, elect to terminate this 15476 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Agreement or any portion of the Services to be performed under it at the sole discretion of the Commissioner by a written notice to the Contractor. Ifthe City elects to terminate the Agreement inftall,all Services shall cease and all materials accumulated in performing this Agreement, whether completed or in the process of completion, shall be delivered to the Department within 10 days after receipt ofthe notice or by the date stated in the notice. During the final ten days or other time period stated in the notice, the Contractor shall restrict its activities, and those of its Subcontractors, to winding down any reports, analyses, or other activities previously begun. No costs incurred after the effective date ofthe termination are allowed. Payment for any Services actually and satisfactorily performed before the effective date of the termination shall be on the same basis as set forth in Article 5 hereof, but ifany compensation is described or provided for on the basis ofa period longer than ten days, then the compensation shall be prorated accordingly. If a court of competent jurisdiction determines that the City's election to terminate this Agreement for default has been wrongful, then such termination shall be deemed to be an early tennination. ARTICLE 8 GENERAL CONDITIONS 8.01 Entire Agreement This Agreement, and the exhibits attached hereto and incorporated hereby, shall constitute the entire agreement between the parties and no other warranties, inducements, considerations, promises, or interpretations shall be implied or impressed upon this Agreement that are not expressly addressed herein. 8.02 Counterparts This Agreement is comprised of several identical counterparts, each to be fully executed by the parties and each to be deemed an original having identical legal effect. 8.03 Amendments No changes, amendments, modifications, or discharge ofthis Agreement, or any part thereof, shall be valid unless in writing and signed by the authorized agent of the Contractor and the Commissioner, or their successors and assigns. The City shall incur no liability for revised services without a written amendment to this Agreement pursuant to this Section. 8.04 Compliance with AU Laws The Contractor shall at all times observe and comply with all applicable laws, ordinances. 12/17/2003 REPORTS OF COMMITTEES 15477 rules, regulations and executive orders ofthe federal, state and local govemment, now existing or hereinafter in effect, which may in any manner affect the performance ofthis Agreement. Provisions 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 ofthis Agreement. 8.05 Compliance with ADA and Other Accessibility Laws If this Agreement involves services to the public, the Contractor warrants that all Services provided hereunder shall comply with all accessibility standards for persons with disabilities or environmentally limited persons including, but not limited to the following: Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. and the Rehabilitation Act of 1973, 29 U.S.C. §§ 793-94. In the event that the above cited standards are inconsistent, the Contractor shall comply with the standard providing greater accessibility. If this Agreement involves design for construction and/or Construction, the Contractor warrants that all design documents produced and/or used under this Agreement shall comply with all federal, state and local laws and regulations regarding accessibility standards for persons with disabilities or environmentally limited persons including, but not limited to, the following: Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. and the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities; the Architectural Barriers Act, P.L. 90-480 and the Uniform Federal Accessibility Standards; and the Envirorunental Barriers Act, 410 ILCS 25/1 et seq., and the regulations promulgated thereto at III. Admin. Code tit. 71, ch. 1, § 400.110. In the event that the above cited standards are inconsistent, the Contractor shall comply with the standard providing greater accessibility. Ifthe Contractor fails to comply with the foregoing standards, it shall perform again at no expense all services required to be reperformed as a direct or indirect result ofsuch failure. 8.06 Assigns All of the terms and conditions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, transferees and assigns. 8.07 Cooperation The Contractor agrees at all times to cooperate fully with the City and to act in the City's best interests. Upon the termination or expiration ofthis Agreement, the Contractor shall make every effort to assure an orderly transition to another provider of the Services, if any, orderly demobilization ofits operations in connection with the Services, uninterrupted provision of Services during any transition period and shall otherwise comply with reasonable requests ofthe Department 15478 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 in connection with this Agreement's termination or expiration. 8.08 Severability Ifany provision ofthis Agreement is 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 hereof or ofany constitution, statute, ordinance, rule of law or public policy, or for any other reason, such circumstances shall not have the effect of rendering such provision inoperative or unenforceable in any other case or circumstances, or of rendering any other provision herein invalid, inoperative, or unenforceable to any extent. The invalidity of any one or more phrases, sentences, clauses or sections herein shall not effect the remaining portions of this Agreement or any part thereof 8.09 Interpretation All headings in this Agreement are for convenience of reference only and do not define or limit the provisions thereof Words of gender are deemed to include correlative words ofthe other gender. Words importing the singular number include the plural number and vice versa, unless the context otherwise indicates. All references to exhibits or documents are deemed to include all supplements and/or amendments to such exhibits or documents if entered into in accordance with the terms and conditions hereof and thereof All references to persons or entities are deemed to include any persons or entities succeeding to the rights, duties, and obligations ofsuch persons or entities in accordance with the terms and conditions herein. 8.10 Miscellaneous Provisions Whenever under this Agreement the City by a proper authority waives the Contractor's performance in any respect or waives a requirement or condition to the Contractor's performance, the waiver, whether express or implied, applies only to that particular instance and is not a waiver forever or for subsequent instances ofthe performance, requirement or condition. No waiver shall be constmed as a modification ofthe Agreement regardless ofthe number of times the City may have waived the performance, requirement or condition. 8.11 Disputes Except as otherwise provided in this Agreement, the Contractor shall and the SSAC may bring any dispute conceming a question of fact arising under this Agreement that is not otherwise disposed of to the City's Chief Procurement Officer for decision based upon written submissions of the parties. (A copy ofthe "Regulations ofthe Department of Procurement Services for Resolution of Disputes between Contractors and the City ofChicago" is available in City Hall, 121 N. LaSalle Street, Room 301, Bid and Bond Room.) The Chief Procurement Officer will reduce his decision to writing and fumish a copy of it to the Contractor and the SSAC. Such decision shall be final and binding. 12/17/2003 8.12 REPORTS OF COMMITTEES 15479 Contractor Affidavit The Contractor must provide to the City, no later than thirty days after the end ofeach year, a fully executed and notarized Affidavit certifying the expenditures for the prior year. The form of this affidavit is attached as Exhibit 8 and incorporated by reference. ARTICLE 9 NOTICES Notices provided for herein shall be in writing and may be delivered personally or by United States mail, first class, certified, retum receipt requested, with postage prepaid and addressed as follows: Ifto the City: Special Service Area #27 Department of Planning and Development City Hall, Room 1000 121 North LaSalle Street Chicago, Illinois 60602 Attention: Commissioner With Copies to: Department of Law Room 600, City Hall 121 North LaSalle Street Chicago, Illinois 60602 Attention: Corporation Counsel Ifto Contractor: Lakeview Chamber of Commerce 1609 W.Belmont Chicago, IL 60657 Attention: Heather E. Way Changes in the above-referenced addresses must be in writing and deHvered in accordance with the provisions ofthis Section. Notices delivered by mail shall be deemed received 3 days after mailing in accordance with this Section. Notices delivered personally shall be deemed effective upon receipt. 15480 JOURNAL-CITY COUNCIL-CHICAGO 12/17/ 2003 IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement on the date first set forth above, at Chicago, Illinois. Recommended by: SSAC Chairperson CITY OF CHICAGO CONTRACTOR By:__ Commissioner, Department of Planning and Development By: Approved as to form and legality Attested By: Its: Its: Assistant Corporation Counsel State of County of. This instrument was acknowledged before me on (date) by (name/s of person/s) as (type of authority, e.g., officer, trustee, etc.) of. .(name of party on behalf of whom instrument was executed). (Signature of Notary Public) (Sub)Exhibits 1 , 2 , 3 , 4, 5, 6, 7 and 8 referred to in this Service Provider Agreement for Special Service Area Number 27 read as follows: 12/17/2003 REPORTS OF COMMITTEES 15481 (Sub)Exhibit 1. (To Service Provider Agreement For Special Service Area Number 27) 2004 Scope Of Services Special Service Area Number 2 7 Lincoln/Belmont/Ashland. Coordinated marketing and promotional activities, including promotion and outreach to create the Special Service Area; Financing of storefront facade and signage improvements; Sidewalk maintenance, including scavenger services; Beautification activities, including banner maintenance and holiday decorations; Snow removal on sidewalks; Design and implementation ofpublic parking lot signage and wa3^nding program; Professional administration and office space; and Other technical assistance activities to promote commercial and economic development including, but not limited to, streetscape improvements, enhanced land-use oversight and control initiatives, and strategic planning for the general development of the Area. JOURNAL-CITY COUNCIL-CHICAGO 15482 12/17/2003 (Sub)Exhibit 2. (To Service Provider Agreement For Special Service Area Number 27) Department Of Planning And Development Proposed Special Service Area Budget. (Page 1 of 2) Special Service Area Name and Number: Lincoln/Belmont/Ashland SSA #27 Sole Service Provider: Lakeview Chamber of Commerce Program Manager: Heather Wav Telephone: (Omitted for printing purposes) Budget Period: From: January 1. 2004 Item Advertising & Promotion- includes SSA development outreach Facade/Storefront Improvement To: December 31. 2004 Year 2003 Levy $61,000 Carry-over Tota! 2004 Budget $61,000 $23,000 $23,000 General Maintenance of Area$85,000 includes street/sidewalk cleaning and scavenger services Area Beautification- includes $28,000 banners and holiday decorations Security Services $85,000 Snow Plowing $50,000 $50,000 $25,000 $25,000 1 Training and Workshops Involving Resident or Business Community Participation Other direct Special Services to the Area (please specify): Parking Lot Signage Program $28,000 12/17/2003 15483 REPORTS O F COMMITTEES (Sub)Exhibit 2. (To Service Provider Agreement For Special Service Area N u m b e r 27) Department Of Planning A n d Development Proposed Special Service Area Budget. (Page 2 of 2) Item Administrative Fee for Managing SSA Program Contingency Fund for Uncollected Taxes (5% of Budget-Recommended) TOTAL Year 2003 Levy $37,400 Carry-over $16,000 $16,000 $325,400 $325,400 Total Operating Budget: Estimated Tax Levy Rate: 6^ilo^/(D?D use only, do not Till in) This budget is approved by the SSA Commission Chairperson: Chairperson Signature g-^..^^,^?. (Print Name) SSA Chairperson Date Total 2004 Budget $37,400 n 15484 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 3. (To Service Provider Agreement For Special Service Area Number 27) City Of Chicago Economic Disclosure Statement And Affidavit. The City of Chicago (the "City") requires disclosure of the infonnation requested in this Economic Disclosure Statement and Affidavit ("EDS") before any City agency, department or City Council action regarding the matter that is the subject of this EDS. Please fully complete each statement, with all information current as of the date this EDS is signed. If a question is not applicable, answer with "N.A" An Incomplete EDS will be retumed and any City action wili be interrupted. Please print ortype all responses clearly and legibly. Add additional pages if needed, being careful to identify the portion of the EDS to which each additional page refers. WHO MUST SUBMIT AN EDS: 1. Applicants: Any individual orentity (the "Appiicant") making an application tothe City for action requiring City Council or other City agency approval must file this EDS. 2. Entities hoiding an interest in the Applicant Generally, whenever an ownership interest in the Applicant (for example, shares of stock of the Applicanlor a limited partnership interest in the Applicant) is held or owned by a legal entity (for example, a corporation or partnership, rather than an individual) each such legal entity must also file an EDS on its own behalf, and any parent of that legal entity must do so until individual owners are disclosed. However, if an entityfiling an EDS is a corporationwhose shares are registered on a national securities exchange pursuant to the Securities Exchange Act of 1934, only those shareholders that own 10% or more of that filing entity's stock must file EDSs on their own behalf. ACKNOWLEDGMENT OF POSSIBLE CREDIT AND OTHER CHECKS: By completing and filing this EDS, the Undersigned acknowledges and agrees, on behalf of itself and the entities or individuals named in this EDS, that the City may investigatethe creditworthinessof some or all of the entities or individuals named in this EDS. 12/17/2003 REPORTS OF COMMITTEES 15485 CERTIFYING THIS EDS: Execute the certification on the date of the initial submission of this EDS. You may be asked to re-certify this EDS on the last page as of the date of submission of any related ordinance to the City Council, or as of the date of the closing of your transaction. PUBLIC DISCLOSURE: It is the City's policy to make this document available to the public on its Intemet site and/or upon request. GENERAL INFORMATION Date this EDS is completed: ^ 6 g ^ >.^\Q<^?^^ :3OC:>^ A. Who is submitting this EDS? That individual or entity will be the "Undersigned" throughout this EDS. V-.r.^-^Vi.g.^V't-gju'-j 0>e:^<-Jl,"»-^ Vr>.r^v^ t::>P NOTE: The Undersigned is the individual or entity submitting this EDS, whether the Undersigned is an Applicant or is an entity holding an interest in the Applicant. This EDS requires certain disclosures and certifications from Applicants that are not required from entitles holding an interest in the Applicant. When completing this EDS, please observe whether the section you are completing applies only to Applicants. J(l Check here if the Undersigned is filing this EDS as an Applicant [] Check here if the Undersigned is filing as an entity holding an interest in an Applicant. Also, please identify the Applicant in which this entity holds an interest: B. Business address of the Undersigned: IVex^ KJ^- ftx:-4ywijr-vV> "Xi- C. D. Telephone: (OmittedforprintingFaxtOmitted for printing^Email: purposes) purposes) W • ^e. ^-i\=>-j»v>>oejr'-tjQ Name of contact person: |-|-<;>c.<->-H->gji^ l>Jbt-«-j E; Tax identification number (optional): 15486 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 F. Brief description of contract, transaction or other undertaking (referted to below as the "Matter") to which this EDS pertains. (Include project number and location if applicable): G. Is the Matter a procurement? (] Y ^ " * " * ^ * ^ ^ f i f 5 ^ ^*^-^ ^ ^ v — v - p r - . = c . « ^ . H. If a procurement. Specification # Contract # I. and . If not a procurement: 1. Citv Agency requesting EDS: taei.pu-yoh>fNej«-j»- c f 2. City action requested (e.g. loan, grant, sale of property): ptc»_Arvrv\v^ c:>-*y=^ 3. If property involved, list property kDcation: ftti pv-t^p^-a-L^T-^ >-o>^•4-v-^ t<.^^f. Fees (indicate whether paid or estimated) ^ I 1 C HECK HERE IF NO SUCH INDIVIDUALS HAVE BEEN RETAINED BY THE U NDERSIGNED OR ARE ANT1CPATH>TO BE RETAINED BY TME UNDERSIGNED. 15491 15492 JOURNAL-CITY COUNCIL-CHICAGO SSA #27 Disclosure of Retained Parties-Attachment Gina Caruso, Caruso Consults Project Consultant, Retained 2600 Thayer Street, Evanston IL 60062 Fees: $15,000 estimated SB Friedman & Co. 221 North LaSalle, Chicago IL 60602 Real Estate Analyst, Retained Fees: $6000 Lindenbaum Coffman Kuriander Brisky & Grippo, Ltd. Attorneys, not yet retained 70 West Madison Street, Chicago IL 60602 Fees: $1500 estimated Burton Partners Auditor, not yet retained 980 Plum Grove Court, Schaumburg IL 60173 Fees: $3000 estimated Marketing/PR/Promotions Not yet retained Fees: $86,000 estimated Snow Removal Service Provider Not yet retained $50,000 estimated Maintenance Provider Not yet retained $85,000 estimated Area Beautification Not yet retained $51,000 estimated 12/17/2003 12/17/2003 REPORTS OF COMMITTEES SECTION FOUR: CERTIFICATIONS I. CERTIFICATION OF COMPLIANCE For purposes of the certifications in A, B, and C below, the tenn "affiliate" means any individual or entitythat directly or indirectly: controls the Undersigned, is controlled by the Undersigned, or is, with the Undersigned, under common control of another individual or entity. Indicia of control include, without limitation: interiocking managementor ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do t>us iness with the federal govemment or a state or local govemment, including the City, using substantially the same management, ownership, or principals as the ineligible entity. A. The Undersigned is not delinquent in the payment of any tax administeredby the Illinois Department of Revenue, nor are the Undersigned or its afiiliatesdelinquentin paying anyfine, fee, tax or other charge owed to the City. This includes all water charges, sewer charges, license fees, parking fickets, property taxes or sales taxes, tf there are any such delinquencies, note them t>elow: If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Undersigned certified to the above statements. B. The Undersigned and its affiliates have not, in the past five years, been found in violation of any City, state or federal environmental law or regulation. If there have been any such violations, note them below: If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Undersigned certified to the above statements. 15493 15494 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 C. If the Undersigned is the Applicant, the Undersigned and its affiliates will not use, nor pennit their subcontractors to use, any facility on the U.S. EPA's List of Violafing Facilifies in connection with the Matter for the durafion of time that such facility remains on the list. D. If the Undersigned is the Applicant, the Undersigned vwll obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in Section Four, I, (A-C) above and will not, without the prior written consent of the City, use any such contractor/subcontractorthat does not provide such certificafions or that the Undersigned has reason to believe has not provided or cannot provide truthfiji certifications. If the Undersigned is unable to make the certifications required in Section Four, paragraph I (C) and (D) above, provide an explanation: If the letters "NA" the word "None," or no response appears on the lines above, it will be conclusively presumed that the Undersigned certified to the above statements. II. CHILD SUPPORT OBLIGATIONS - CERTIFICATION REGARDING COURTORDERED CHILD SUPPORT COMPLIANCE For purposes of this part, "Substantial Owner" means any individual who, directly or indirectiy, owns or holds a 10% or more interest in the Undersigned./Vote.- This may include individuals disclosed in Section One (Disclosure of Ownership Interests), and individuals disclosed in an EDS filed by an entity holding an interest in the Applicant If the Undersigned's response below is #1 or #2, then all of the Undersigned's Substantial Owners must remain in compliance with any such child support obligations until the Matter is completed. Failure of the Undersigned's Substantial Owners to remain in compliance with their child support obligations in the rrianner set forth in either #1 or #2 constitutes an event of default. 12/17/2003 REPORTS OF COMMITTEES Check one: 1. No Substantial Owner has been declared in arrearage on any child support obligations by the Circuit Court of Cook County, Illinois or by another Illinois court of competent jurisdiction. 2. The Circuit Court of Cook County, Illinois or another Illinois court of competent jurisdiction has issued an order declaring one or more Substantial Owners in anearage on child support obligations. All such Substantial Owners, however, have entered into court-approved agreements for the payment of all such child support owed, and all such Substantial Owners are in compliancewith such agreements. 3. The Circuit Court of Cook County, Illinois or another Illinois court of competent jurisdiction has issued an order declaring one or more Substantial Owners in arrearage on child support obligations and (a) at least one such Substantial Owner has not entered into a court-approved agreement for the payment of all such child support owed; or (b) at least one such Substanfial Owner is not in compliance with a courtapproved agreement for the payment of all such child support owed; or both (a) and (b). yi_ 4. HI. There are no Substantial Owners. FURTHER CERTIFICATIONS A. The Undersigned and, if the Undersigned is a legal entity, its principals (officers, directors, partners, members, managers, execufive director): 1. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excludedft-omany transactions by any federal, state or local unit of govemment; 2. - have not, within a five-year period preceding the date of this EDS, been convicted of a criminal Ciffense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or pertorming a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destmction of records; making false statements; or receiving stolen property; 15495 15496 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 3. are not presently indicted for or otherwise criminally or civilly charged by a govemmental entity (federal, state or local) with commission of any of ttie offenses enumerated in clause (A)(2) of this section; 4. have not, witiiin afive-yearperiod preceding the date of this EDS, had one or more publictiansactions(federal, state or local) terminated for cause or default; and 5. have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, in any criminal or civil action instituted by the City or by the federal govemment, any state, or any other unit of k)cal govemment. The certifications in subparts B and D concem: • the Undersigned; • any party participating in the performance of the Matter ("an Applicable Party"); • any "Afflliated Entity" (meaning an individual or entity tiiat, directly or indirectly: controls ttie Undersigned, is controlled by the Undersigned, or is, with the Undersigned, under common conti^ol of anottier individual or entity. Indicia of conti'ol include, without limitation: interiocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local govemment, including ttie City, using sut)stantiallytiiesame management, ownership, or principals as ttie ineligible entity); with respect to Applicable Parties, the term Affiliated Entity means an individual or entity that directly or indirecfiy controls the Applicable Party, is conb'olled by it, or, with the Applicable Party, is under common control of another individual or entity; • any responsible official of the Undersigned, any Applicable Party or any Affiliated Entity or any other official, agent or employee of the Undersigned, any Applicable Party or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official oftiie Undersigned, any Applicable Party or any Affiliated Entity (collectively "Agefita^). » — Neitherthe Undersigned, nor any Applicable Party, nor any Affiliated Entity of eittier the Undersigned or any Applicable Party nor any Agents ha ve, during thefiveyears before the date this EDS is signed, or, with respectto an Applicable Party, an Affiliated Entity, or an Affiliated Entity of an Applicable Party during the five years before the date of such Applicable Party's or Afflliated Entity's contract or engagementin connectionwith the Matter 12/17/2003 REPORTS OF COMMITTEES 15497 1. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employeeof the City, the Stateof Illinois, orany agency of the federal govemment or of any state or local govemment in ttie United States of America, in that officer's or employee's official capacity; 2. agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid afixedprice or otherwise; or 3. made an admission of such conduct described in (1) or (2) above that is a matter of record, but have not been prosecuted for such conduct; or 4. violated the provisions of Section 2-92-610 of the Municipal Code (Living Wage Ordinance). C. The Undersigned understands and shall comply with (1) the applicable requirements of the Govemmental Ethics Ordinance ofthe City, Title 2, Chapter 2 -156 of the Municipal Code; and (2) all the applicable provisions of Chapter 2-56 of the Municipal Code (Office of the Inspector General). D. Neither the Undersigned, Affiliated Entity or Applicable Party, or any of their employees, officials, agents or partners, is ban'edfiismconti-acting witti any unit of state or local govemment as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating. E. If the Undersigned is unable to certify to any of the above statements in this Part 111, the Undersigned must explain below: '^W- : : If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Undersigned certified to the above statements. 15498 JOURNAL-CITY COUNCIL-CHICAGO IV. 12/17/2003 CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION For purposes of this Part IV, under Section 2-32-455(b) of the Municipal Code, the term "financial institution" means a bank, savings and loan association, thrift, credit union, mortgage banker, mortgage broker, trust company, savings bank, investment bank, securities broker, municipal securifies broker, securifies dealer, municipal securities dealer, securities underwriter, municipal securities underwriter, investinentb-ust, venture capital company, bank holding company,finandalservices holding company, or any licensee under the Consumer Installment Loan Act, the Sales Finance Agency Act, or the Residenfial Mortgage Licensing Act. However, "financial institution" specifically shall not include any entity whose predominant business is the providing of tax defened, defined contribution, pension plans to public employees in accordance with Secfions 403(b) and 457 of the Intemal Revenue Code. [Addifional definitions may be found in Section 2-32-455(b) of the Municipal Code.] A. CERTIFICATION The Undersigned certifies that the Undersigned [check one] is >o is not a "financial institufion" as defined in Section 2-32-455(b) of the Municipal Code. B. If the Undersigned IS a flnancial institution, then the Undersigned pledges: "We are not and will not become a predatory lender as defined in Chapter 2-32 ofthe Municipal Code. Wefurtherpledgethatnoneof our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 of the Municipal Code. We understandtiiatbecoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City." tf the Undersigned is unable to make this pledge because it or any of its affiliates (as defined in Section 2-32-455(b) of the Municipal Code) is a predatory lender within the meaning of Chapter 2-32 ofthe Municipal Code, explain here (attach addifional pages if necessary): 12/17/2003 REPORTS OF COMMITTEES 15499 If ttie letters "NA," tiie word "None," or no response appears on the lines above, it will be conclusively presumed that the Undersigned certified to the above statements. y. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS Any words or terms that are defined in Chapter 2-156 of the Municipal Code have the same meanings when used in this Part V. 1. In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of the City have afinancialinterest in his or her own name or in the name of any otiier person in the Matter? IlYes :j(JNo NOTE: If you answered "No" to Item V(1), you are not required to answer Items V(2) or (3) below. Instead, review the certiflcation in Item V(4) and then proceed to Part VI. If you answered "Yes" to Item V(1), you must flrst respond to Item V(2) and provide the information requested in Item V(3). After responding to those items, review the certiflcation in Item V(4) and proceed to Part VI. 2. Unless sold pursuant to a process of competifive bidding, no City elected official or employee shall have afinancialinterest in tiis or her own name or in the name of any ottier person in the purchase of any property that (i) belongs to Uie City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power d oes not constitute afinancialinterest wittiin tiie meaning of this Part V. Does the Matter involve a City Property Sale? []Yes []No 3. If you answered "yes" to Item V(1), provide the names and business addresses of the City offlcials or eiiiployees having such interest and identify tiie nature of such interest Name Business Address Nature of Interest 15500 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 4. The Undersigned further certifies that no prohibitedfinancialinterest in the Matter will be acquired by any City official or employee; VL CERTIFICATION REGARDING SLAVERY ERA BUSINESS The Undersigned has searched any and all records of ttie Undersigned and any and all predecessor entifies for records of investments or profits from slavery, the slave industiy, or slaveholder insurance policies from the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves) and has disclosed in this EDS any and all such records to Uie City. In addition,ttieUndersigned must disdose the names of any and all slaves or slaveholders described in those records. Failure to complywith these disclosure requirements may maketiieMatterto which this EDS pertains voidable by the City. Please check either (1) or (2) below. Ifthe Undersigned checks (2), the Undersigned must disclose below or in an attachment to this EDS all requisite information as set forth in that paragraph (2). y^ 1. The Undersigned verifies that (a) the Undersigned has searched any and ali records of the Undersigned and any and all predecessorentlties for records of investments or profits from slavery, the slave industry, or slaveholder insurance policies, and (b) the Undersigned has found no records of investinents or profits li-om slavery, the slave industry, or slaveholder insurance policies and no records of names of any slaves or slaveholders. 2. The Undersigned verifies that, as a result of conducting ttie search in step (1)(a) above, the Undersigned has found records relating to investments or profits from slavery, the slave industry, or slaveholder insurance policies and/or the names of any slaves or slaveholders. The Undersigned verifies that the following constitutes full disclosure of all such records: 12/17/2003 REPORTS OF COMMITTEES SECTION FIVE: I 15501 CERTIFICATIONS FOR FEDERALLY-FUNDED MATTERS CERTIFICATION REGARDING LOBBYING A. List belowthe names ofall individuals registered underttie federal Lobbying Disclosure, Act of 1995 who have made lobbying contacts on behalf ofttieUndersigned with respect tp Uie Matter: [Begin list here, add sheets as necessary]: pfno explanation appears or begins on the lines above, or if the letters "NA"or Ifthe word "None" appear, it will be conclusively presumed that the Undersigned means that NO Individuals registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Undersigned with respect to the Matter.] B. The Undersigned has not spent and will not expend any federally appropriatedftjndsto pay any individual listed in Paragraph (A) above for his or her lobbying activitiesor to pay any individualto infiuence or attempt to influence an officer or erhployee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection witti the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant,toan,or cooperative agreement. C. The Undersigned will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs 1(A) and 1(B) above. if the Matter is federally funded and anyftjndsother than federally appropriated funds have been or will be paid to any individual for influencing or attempting to influence an officer or employee of any agency (as defined by applicable federal law), a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection writti ttie Matter, the Undersigned must complete and submit Standard Fomi-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The form may be obtained online from the federal Office of Management and Budget (OMB) web site at http://www.whitehouse.qov/omb/qrants/sflllin.pdf. linked on the page httD://www.whitehouse.qov/omfa/qrants/Qrants ftanns.html. 15502 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 D. The Undersigned certifies that either (i) it is not an organization described in section 501(c)(4) of ttie Intemal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Intemal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities". E. If theUndersignedis the Applicant, theUndersignedmustobtaincertificationsequalin form and substance to paragraphs 1(A) through 1(D) abovefi'omall subcontractors before it awards any subconti-act and the Undersigned must maintain all such subcontractors' certifications for Uie duration of the Matter and must make such certifications promptly available to ttie City upon requesL II. CERTIFICATION REGARDING NONSEGREGATED FACILITIES A. If the Undersigned is the Applicant, the Undersigned does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and it does not and will not pemiit its employees to perform their services at any location under its control where segregated facilities are maintained. "Segregated facilities," as used in this provision, means any waifing rooms, woric areas, restrooms, washrooms, restaurants and other eafing areas,timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainmentareas, transportation, and housing provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin t>ecause of habit, local or employee custom, or otiierwise. However, separated or single-user restrooms and necessary dressing or sleeping areas must be provided to assure privacy between the sexes. B. If the Undersigned is the Applicant and the Matter is federallyfunded, the Undersigned will, before ttie award of subcontracts (if any), obtain idenfical certifications from proposed subcontractors under which the sutxxjntractorwill be subjectto the Equal Opportunity Clause. Contiacts and subcontracts exceeding $10,000, or having an aggregate value exceeding $10,000 in any 12-month period, are generally subjecttottieEqual Opportunity Clause. See 41 CFR F^rt 60 for further information regarding the Equal Opportunity Clause. The Undersigned must retain the certifications required bytiiisparagraph (B) for the duration of ttie contract (if any) and must make such certificafionsprompUy available to the City upon requesL C. Ifttie UndersignedisttieApplicantandttieMatteris federallyfunded,ttieApplicantwill forward the notice set forth below to proposed subcontractors: 12/17/2003 REPORTS OF COMMITTEES 15503 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATIONS OP NONSEGREGATED FACJUTIES Subcontractors must submit to the Contractor a Certification of Nonsegregated Facilities before the award of any subcontract under which the subcontractorwill be subject to the federal Equal Opportunity Clause. The subcontractormay submit such cettiflcations either for each subcontract or for all subcontracts during a period (e.g., quarterty, semiahhualiy, or annually). !!L CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY Federal regulations require prospective contractors for federallyfunded Matters {e.g„ the Applicant) and proposed subcontractorsto submit the followfng information wtthttieirbids orln writing at the outset of negotiations. (NOTE: This Part III Is to be completed only if the Undersigned Is the Applicant.) A. B. C. Have you developed and do you have onfileafRnmaiive action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.) UYes (JNo ffN/A Have you participated in any previous contiacls or subcontracts subject to the equal opportuni^ dause? UYes UNO ^N/A Have you filed with the Joint Reporting Committee, the Directorof the Office of Federal Contract Complianca Programs, orthe Equal EmploymentOpportunity Conunission all reports due under the applicablefliingrequirements? [lYes (JNo \jlfVA SECTION SIX; NOTICE AND ACKNOWLEDGMENT REGARDING GOVERNMENTAL ETHICS AND CAMPAIGN FINANCE ORDINANCES Cmf The City's QovemmentalEthics and Campaign Rnandng Ordinances.Chapters 2 -1S6and2164 of the Muiiicipal Code, impose certain duties and obligations bn Individuals or entitles seeking City contracts, work, business, or transactions. The Board ofEthics has developed an ethics training program for such Individuals and entities. The full text of these ordinances and the training program is avaUable on line at www.clWofchlcaqo.ora/Ethlcs/. and may also be obtained from the City's Board of Ettiics, 740 N. Sedgwick St., Suite 500, Chicago, IL 60610, Telephone: ( O m i t t e d f o r p r i n t i n g p u r p o s e s ) . 15504 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 The following is deacriptive only and doea not purport to cover every aapect of Chapters 2-156 and 2-164 of the Municipal Code. The Dnderaigned must comply fully with the applicable ordinances. J)( BY CHECKING THIS BOX THEUNDERSIGNED ACKNOWiHXJESTHAT TME U NT^ERSIONEO UNDERSTANDS THAT THE CIRVS GOVEFWMENTAL ETHICS AND CAMPAIGN FINANCING ORDINANCES, AMONG OTHER THINGS : 1) Provide that any contract negotiated, entered into or pertormed in violation of the City's ethics laws can be voided by the City. 2) Limit Uie gifts andfavorsanyindivtelualorentitycang'ive,oroffertogive,toany City official, employee, contractor or candidate for elected City office or the spouse or minor child of any of them, induding; a. b. any cash gift or any anonymous gift; and any gift based on a mutual understanding Uiat Uie City official's or employee's or City contractor's actions or dedsions will be influenced tn any way by Uie gift. 3) Prohibit any City elected offidal or City employee from having a finandal interest. direcUy or indirecUy, in any conti-ad, wotk, ti'ansaction or business ofthe City, if that interest has a cost or present value of $5,000 or more, or if ttiat interest entities Uie owner to receive more than S2,500 per year. 4) Prohibit any appointed City offidal frpm engaging in any contract, wortc, transaction or business ofthe City, unless the matter is wholly unrelated to'the appointed offidal's duties or responsibilities. 5) Provide that City employees and offidals, or their spouses or^ minor children, isannot receive compensation or anything of value In retum for advice or assistance on maUers conceming the operation or business of the City, unless their services are wholly unrelated to their City duties and responsibiliUes. 6) Provide that former City employees and offidals cannot, for a period of one year after their City employment ceases, assist or represent another on any matter Involving the City If. while with the Cily. tfiey were personally and substantially involved in the same matter. 12/17/2003 7) REPORTS OF COMMITTEES Provide that former City employees and officials cannot ever assist or represent another on a City contt'ad if, while with the City, ttiey were personally involved in or directly supervised the formulation, negotiation or execution of that contract. SECTION SEVEN: CONTRACT INCORPORATION. COMPLIANCE. PENALTIES. DISCLOSURE The Undersigned understands and agrees that: A. The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contrad or other agreement between ttie Applicant and the City in connection witti the Matter, whettier procurement. City assistance, or other City action, and are material inducements to the City's execution of any conti'act or taking other action with respect to the Matter. The Undersigned understands that it must comply witti all statiJtes, ordinances, and regulations on which tills EDS is based. B. If the City detennines that any information provided in this EDS is false, incompleteor inaccurate, any conti-d or other agreement in connedion with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contractor agreement (if not rescinded, void or voidable), at law, or in equity, including terminating the Undersigned's participation in he Matter and/or declining to allow the Undersigned to participate in otherti-ansactionswith the City. C. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to ttie public on the Intemet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Undersigned waives and releases any possible rights or daims which it may have against the City in connedion with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS. D. The Undersigned has not withheld or reserved any disdosures as to economic interests inttieUndersigned,or as to the Matter, or any information, data or plan as to the intended use or purpose for wiiich the Applicant seeks City Council or ether City agency action. E. The information provided in this EDS must be kept current. In the eventof changes, ttie Undersigned must supplement this EDS up to thetimethe City takes action on the Matter. 15505 JOURNAL-CITY COUNCIL-CHICAGO 15506 12/17/2003 CERTIFICATION Under penalty of perjury, the person signing below: (1) waaants ttiat he/she is authorized to execute this EDS on behalf of the Undersigned, and (2) wanants that all certifications and statements contained in this EDS are true, accurate and complete as of the date fumished to the City. Date: <^ • H - »<^3cs>=^ (Print or lype name of individjal or legal entity subi4ining Ihis EOS) iubmir By < L t „ ^ 5 i ! = A J i _ / ^ UL-J? n . (sl^n here) ^ Print or type name of signatory: «Lj • • I Titie of signatory: .•hoy-x_j Subscribed to before me on [date] -JAWvA-OX^ [state]. n - '4- > o c 3 a , /f/f{/p^t / / ^J^,7/C Commission expires:. ^(((^fo-^ imm "OFFICIAL SEAL" OPKimois OOMMMldN BMMS Ptn t/S3 g( Notary Public. c..'>:r>vi_ . County, 12/17/2003 REPORTS OF COMMITTEES 15507 (Sub)Exhibit 4. (To Service Provider Agreement For Special Service Area Number 27) Contractor Insurance Provisions Special Service Area Number 2 7 Lakeview Chamber Of Commerce. The Contractor must provide and maintain at Contractor's own expense, during the term of this Agreement, and during the time period following expiration if Contractor's is required to return and perform additional Services, the insurance coverages and requirements specified blow, insuring all operations related to the Agreement. A. Insurance To Be Provided. 1) Workers' Compensation And Employer's Liability. Workers' Compensation, as prescribed by applicable law covering all employees who are to provide a service under this Agreement, and Employer's Liability coverage with limits of not less than One Hundred Thousand Dollars ($100,000) each accident or illness. 2) Commercial General Liability (Primary And Umbrella). Commercial General Liability Insurance or equivalent with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage liability. Coverage must include the following: all premises and operations, products/completed operations, separation of insureds and contractual liability (with no limitation endorsement). The City of Chicago is to be named as an additional insured on a primary, non contributory basis for any liability arising directly or indirectly from the services. 3) Automobile Liability (Primary And Umbrella). When any motor vehicles (owned, non-owned and hired) are used in connection with work to be performed, the Contractor must provide 15508 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Automobile Liability Insurance with limits of not less than One Million Dollars ($ 1,000,000) per occurrence for bodily injury and property damage. 4) Professional Liability. When any professional consultants (e.g., C.P.A.s, attomeys, architects, engineers, construction managers) perform work in connection with this Agreement, Professional Liability Insurance covering acts, errors or omissions must be maintained with limits of not less than Five Hundred Thousand Dollars ($500,000). Coverage must include contractual liability. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede, start of work on the Agreement. A claims-made policy which is not renewed or replaced must have an extended reporting period of two (2) years. 5) Crime. Contractor must be responsible for all persons handling funds under this Agreement, against loss by dishonesty, robbery, burglary, theft, destruction or disappearance, computer fraud, credit card forgery and other related crime risks. The Contractor may self-insure for this exposure. B. Security Firms. If the Contractor enters into a subcontract with a Security Firm, such Security Firm must be certified by the State of Illinois, and the Security Firm's employees must be registered and certified by the State. Contractor must ensure and require any Security Firm subcontractor to comply with the Risk Management Division approved Security Firm Insurance Provisions set forth in (Sub)Exhibit 5 of this Agreement, attached hereto and incorporated by references as though fully set forth herein. C. Other Requirements. The Contractor will fumish the City of Chicago, Department of Planning and Development, Community and Neighborhood Development, Room 1000, 121 North LaSalle Street, 60602, original Certificates of Insurance evidencing the required coverage to be in force on the date of this Agreement, and Renewal Certificates of Insurance, or such similar evidence, ifthe coverages have an expiration or renewal 12/17/2003 REPORTS OF COMMITTEES 15509 date occurring during the term of this Agreement. The Contractor must submit evidence of insurance on the City ofChicago Insurance Certificate of Coverage Form (copy attached) prior to award ofthis Agreement. The receipt ofany certificate does not constitute agreement by the City that the insurance requirements in the Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all requirements of this Agreement. The failure of the City to obtain certificates or other insurance evidence from Contractor must not be deemed to be a waiver by the City. The Contractor must advise all insurers ofthe Agreement provisions regarding insurance. Nonconforming insurance must not relieve Contractor of its obligation to provide insurance as specified herein. Nonfulfillment of the insurance conditions may constitute a violation of the Agreement, and the City retains the right to stop work until proper evidence of insurance is provided, or the Agreement may be terminated. The insurance must 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 deductibles or self-insured retentions on referenced insurance coverages must be borne by Contractors. The Contractor agrees that insurers must waive their rights of subrogation against the City ofChicago, its employees, elected officials, agents or representatives. The coverages and limits fumished by Contractor in no way limit the Contractor's liabilities and responsibilities specified within the Agreement or by law. Any insurance or self-insurance programs maintained by the City of Chicago do not contribute with insurance provided by the Contractors under the Agreement. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Agreement or any limitation placed on the indemnity in this Contract given as a matter of law. The Contractor must require all subcontractors to provide the insurance required herein or Contractor may provide the coverage for the subcontractors. All subcontractors are subject to the same insurance requirements of Contractor unless otherwise specified herein. IfContractor, or its subcontractors, desire additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost. The City of Chicago Risk Management Department maintains the right to modify, delete, alter or change these requirements. 15510 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 [City of Chicago Insurance Certificate of Coverage Form referred to in these Contractor Insurance Provisions unavailable at time of printing.] Exhibit 5. (To Service Provider Agreement For Special Service Area Number 27) Security Firm Insurance Provisions Special Service Area Number 2 7 Lakeview Chamber Of Commerce. The Security Firm must provide and maintain at Security Firm's own expense, until Contract completion, and during the time period following expiration ifthe Security Firm is required to r e t u m and perform additional Services, the insurance coverages specified below, insuring all operations related to the Contract. A. Insurance To Be Provided. 1) Workers' Compensation And Employer's Liability. Workers' Compensation, as prescribed by applicable law covering all employees who are to provide a service under this Contract, and Employer's Liability coverage with limits of not less than Five Hundred Thousand Dollars ($500,000) each accident or illness. 2) Commercial General Liability (Primary And Umbrella). Commercial General 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 must include the following: all premises and operations, products/completed operations, separation of insureds and contractual liability (with no 12/17/2003 REPORTS OF COMMITTEES 15511 limitation endorsement). The S.S.A.C, the City of Chicago and the Contractor are to be named as the additional insureds on a primary, noncontributory basis for any liability arising directly or indirectly from the work. 3) Automobile Liability (Primary And Umbrella). When any motor vehicles (owned, non-owned and hired) are used in connection with work to be performed, the Security Firm must provide Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage. 4) Professional Liability. Professional Liability Insurance covering acts, errors or omissions must be maintained with limits ofnot less than One Million Dollars ($1,000,000). Coverage must include contractual liability. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede, start of work on the Contract. A claims-made policy which is not renewed or replaced must have an extended reporting period of two (2) years. B. Other Requirements. The Security Firm will fiarnish the Contractor original Certificates of Insurance evidencing the required coverage to be in force on the date of this Contract, and Renewal Certificates of Insurance, or such similar evidence, if the coverages have an expiration or renewal date occurring during the term of this Contract. The Security Firm must submit evidence of insurance prior to Contract award. The receipt of any certificate does not constitute agreement by the Contractor that the insurance requirements in the Contract have been fully met or that the insurance policies indicated on the certificate are in compliance with all Contract requirements. The failure ofthe Contractor to obtain certificates or other insurance evidence from Security Firm must not be deemed to be a waiver by the Contractor. The Security Firm must advise all insurers of the Contract provisions regarding insurance. Nonconforming insurance must not relieve Security Firm of its obligation to provide insurance as specified herein. Nonfulfillment of the insurance 15512 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 conditions may constitute a violation ofthe Contract, and the Contractor retains the right to stop work until proper evidence of insurance is provided, or the Contractor may be terminated. The insurance must provide for sixty (60) days prior written notice to be given to the Contractor in the event coverage is substantially changed, canceled or nonrenewed. Any deductibles or self-insured retentions on referenced insurance coverages must be bome by Security Firm. The Security Firm agrees that insurers must waive their rights of subrogation against the Contractor and the City of Chicago, its employees, elected officials, agents, or representatives. The coverages and limits fumished by Security Firm in no way limit the Security Firm's liabilities and responsibilities specified within the Contract or by law. Any insurance or self-insurance programs maintained by the Contractor must not contribute with insurance provided by the Security Firm under the Contract. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of law. The Security Firm must require all subcontractors to provide the insurance required herein, or Security Firm may provide the coverages for subcontractors. All subcontractors are subject to the same insurance requirements of Security Firm unless otherwise specified herein. If Security Firm desires additional coverages, the Security Firm and each of its subcontractors desiring the additional coverages is responsible for the acquisition and cost. The Contractor maintains the right to modify, delete, alter or change these requirements. REPORTS OF COMMITTEES 12/17/2003 15513 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 27) Prevailing Wages. (Page 1 of 9) Cook County Prevailing Wage For November, 2003. Trade Name ASBESTOS ABT-GEN ASBESTOS ABT-MEC BOILERMAKER BRICK MASON CARPENTER CEMENT MASON CERAMIC TILE FNSHER COMM. ELECT. ELECTRIC PWR EQMT OP ELECTRIC PWR GRNDMAN ELECTRIC PWR LINEMAN ELECTRICIAN ELEVATOR CONSTRUCTOR FENCE ERECTOR GLAZIER HT/FROST INSULATOR IRON WORKER LABORER LATHER MACHINIST MARBLE FINISHERS MARBLE MASON MILLWRIGHT OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER ORNAMNTL IRON WORKER RG TYP„C Base ALL BLD BLD BLD ALL ALL BLD BLD ALL ALL ALL ALL BLD ALL BLD BLD ALL ALL BLD BLD ALL BLD ALL BLD BLD BLD BLD FLT FLT FLT FLT HWY HWY HWY HWY HWY ALL 29.000 23.300 35.600 30.550 33.320 34.000 24.450 29.940 33.000 25.740 33.000 33.650 35.655 23.540 29.000 30.450 32.580 29.000 33.320 33.230 24.050 30.550 33.320 35.700 34.400 31.850 30.100 38.350 36.850 32.800 27.300 33.900 33.350 31.300 29.900 28.700 30.850 FRMAN •M-F>B OSA OSH H/W 29.750 24.800 38.800 32.550 34.820 35.000 0.000 32.340 38.450 38.450 38.450 36.150 40.110 24.790 30.000 32.200 34.080 29.750 34.820 34.980 26.050 32.550 34.820 39.700 39.700 39.700 39.700 38.350 38.350 38.350 38.350 37.900 37.900 37.900 37.900 37.900 32.600 1.5 1.5 2.0 1.5 1.5 2.0 2.0 1.5 1.5 1.5 1.5 1.5 2.0 1.5 1.5 1.5 2.0 1.5 1.5 2.0 1.5 1.5 1.5 2.0 2.0 2.0 2.0 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 2.0 1.5 1.5 2.0 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 2.0 1.5 2.0 1.5 2.0 1.5 1.5 2.0 1.5 1.5 1.5 2.0 2.0 2.0 2.0 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 2.0 2.0 4 . 1 7 0 2.0 3 . 6 4 0 2.0 4.550 2.0 4.950 4 930 5 080 4 750 5 100 5 570 2.0 4 350 2.0 5 570 2.0 7 450 2.0 5 775 2.0 6 000 5 340 6 810 6 000 4 170 4 930 3.200 2.0 4 . 4 7 0 2.0 4 . 9 5 0 2, 4 . 9 3 0 2, 5 . 7 0 0 2, 5 . 7 0 0 2, 5 . 7 0 0 2, 5 . 7 0 0 2.0 5 . 4 0 0 5.400 5.400 5.400 5.700 5.700 5.700 5.700 5.700 6.000 Pensn Vac 3.3B0 5.520 5.690 5'860 4 .140 3.750 3.950 5.240 7.770 6.060 7.770 5.980 2.880 5.320 7.900 8.010 9.660 3.380 4.140 eoo 860 860 140 500 0.000 0.000 0.000 0.000 0.000 O.OOO 0.000 6.000 0.000 0.000 O.OOO 0.000 2.140 0.000 0.000 0.000 0.000 0.000 0.000 2.290 0.000 0.000 0.000 1.800 500 i.eoo 500 500 250 250 250 250 500 4.500 4.500 4.500 4.500 7.870 1.800 1.800 1.700 1.700 ,700 .700 .800 .800 .800 .800 .800 .000 Trng 0.170 0.000 0.210 0.550 0.440 O.ISO 0.210 0.700 0.170 0.120 0.170 0.750 0.000 0.000 0.400 0.230 0.270 0.170 440 000 550 550 440 550 550 550 550 000 000 .000 ,000 ,550 0.550 0.550 0.550 0.550 0.750 15514 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 27) Prevailing Wages. (Page 2 of 9) Cook County Prevailing Wage For November, 2003. Trade Mame RG TYP.'C Baee FAINTER PAINTER SIGNS PILEDRIVER PIPEFITTER PLASTERER PLUMBER ROOFER SHEETMETAL WORKER SIGN HANGER SPRINKLER FITTER STEEL ERECTOR STONE MASOH TERRAZZO FINISHER TERRAZZO MASON TILE MASON TRAFFIC SAFETY WRKR TRUCK DRIVER TRtJCK DRIVER TRUCK DRIVER TRUCK DRIVBR TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TUCKPOINTER E E E E W H W V ALI BLD ALL BLD siiD BLD BLD BLD BLD BLD ALL BLD BLD BLD BLD HWV ALL ALL ALL ALL ALL ALL ALL ALL BLD 1 2 3 4 1 2 3 4 FRMAH *M-P>e OSA OSH H/H 31.350 35 260 25.530 28. 660 33.320 34 820 34.000 36. 000 29.990 30. 990 36.000 38, 000 30.850 32 850 30.730 33 190 22.530 23 380 33.700 35 500 32.580 34 080 30.550 32 550 25.140 0 000 29.050 30 550 2d.«50 31 850 22.050 23 550 26.900 27 ,550 27.150 27 550 27.350 27 550 27.550 27 550 27.500 28 050 27.650 28 050 27.850 26 050 28.050 28 OSO 32.200 33 .200 2.0 2.0 1.5 1.5 1.5 1.5 1.5 l.s 700 600 930 720 500 100 120 310 730 600 000 950 450 450 750 478 200 200 200 200 200 200 200 200 760 Pensn 400 040 140 350 450 040 2.460 6.790 1.890 5.000 9.660 5.860 4.630 5.550 750 800 200 200 200 200 100 100 100 100 340 Vac Trng 0.000 0.340 0.000 0.000 0.000 0.440 0.000 0.000 000 0.400 000 390 000 320 000 490 440 000 000 4S0 000 0.270 000 O.SSO 000 0.200 000 0.160 000 0.430 000 000 000 ODO 000 000 000 000 000 000 0.000 000 0.000 000 0.000 000 0.000 000 0.000 560 Legend: M-F>B (Overtime is required for any hour greater t.'isn B worked each day, Monday through Friday. OSA (Overtime is required for every hour worked on Saturday) OSH (Overtime is required for every hour worked on Sunday and Holidays) H/V (Health ii Melfare Insurance) Pensn (Pension) Vac (Vacation) Trng (Training) 12/17/2003 REPORTS OF COMMITTEES (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 27) Prevailing Wages. (Page 3 of 9) Explanations. COOK COUNTY TRUCK DRIVERS (WEST) - That part of the county West of Barrington Road. The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial/Decoration Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day. Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration such as the day after Thanksgiving for Veterans Day. If in doubt, please check with IDOL. EXPLANATION OF CLASSES ASBESTOS - GENERAL - removal of asbestos material from any place in a building, including mechanical systems where those mechanical systems are to be removed. This includes the removal of asbestos materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close future date. ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where; the mechanical systems are to remain. CERAMIC TILE FINISHER The grouting, cleaning, and polishing of all classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed products; all composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass, mosaics, fiberglass, and all substitute materials, for tile made in tile-like units; all mixtures in tile like form of cement, metals, and other materials that are for and intended for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings, swimming pools, and all other places where tile is to form a finished interior or exterior. The mixing of all setting mortars including but 15515 15516 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 27) Prevailing Wages. (Page 4 of 9) Explanations. not limited to thin-set mortars, epoxies, wall mud, and any other sand and cement mixtures or adhesives when used in the preparation, installation, repair, or maintenance of tile and/or similar materials. The handling and unloading of all sand, cement, lime, tile, fixtures, e<5uipment, a(3hesives, or any other materials to be used in the preparation, installation, repair, or maintenance of tile and/or similar materials. Ceramic Tile Finishers shall fill all joints and voids regardless of method on all tile work, particularly and especially after installation of said tile work. Application of any and all protective coverings to all types of tile installations including, but not be limited to, all soap compounds, paper products, tapes, and all polyethylene coverings, plywood, masonite, cardboard, cmd any new type of products that may be used to protect tile installations, Blastrac equipment, and all floor scarifying ecjuipment used in preparing floors to receive tile. The clean up and removal of all waste and materials. All demolition of existing tile floors and walls to be re-tiled. COMMUNICa^TIONS ELECTRICIAN - Installation, operation, inspection, maintenance, repair and service of radio, television, recording, voice sound vision production and reproduction, telephone and telephone interconnect, facsimile, data apparatus, coaxial, fibre optic and wireless eguipment, appliances and systems used for the transmission and reception of signals of any nature, business, domestic, commercial, education, entertainment, and residential purposes, including but not limited to, communication and'telephone, electronic and sound eguipment, fibre optic and data communication systems, and the performance of any task directly related to such installation or service whether at new or existing sites, such tasks to include the placing of wire and cable and electrical power conduit or other raceway work within the ecjuipment room and pulling wire and/or cable through conduit and the installation of any incidental conduit, such that the employees covered hereby can complete any job in full. MARBLE FINISHER Loading and unloading trucks, distribution of all materials (all stone, sand, etc.), stocking of floors with material, performing all rigging for heavy work, the handling of all mateiral that may be needed for the installation of such materials, building of scaffolding, polishing if needed, patching, waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble, 12/17/2003 REPORTS OF COMMITTEES (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 27) Prevailing Wages. (Page 5 of 9) Explanations. holding water on diamond or Carborundum blade or saw for setters cutting, use of tub saw or any other saw needed for preparation of material, drilling of holes for wires that anchor material set by setters, mixing up of molding plaster for installation of material, mixing up thin set for the installation of material, mixing up of sand to cement for the installatin of material and such other work as may be reijuired in helping a Marble Setter in the handling of all material in the erection or installation of interior marble, slate, travertine, art marble, serpentine, alberene stone, blue stone, granite and other stones (meaning as to stone any foreign or domestic materials as are specified and used in building interiors and experiors and customarily known as'stone in the trade), carrara, sanionyx, vitrolite and similar opacjue glass and the laying of all marble tile, terrazzo tile, slate tile and precast tile, steps, risers treads, base, or any other materials that may be used as substitutes for any of the aforementioned materials and which are used on interior and experior which sare installed in a similar manner. TERRAZZO FINISHER The handling of sand, cement, marble chips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the mixing, grinding, grouting, cleaning and sealing of all Marble, Mosaic, and Terrazzo work, floors, base, stairs, and wainscoting-by hand or machine, and in addition, assisting and aiding Marble, Masonic, and Terrazzo Mechanics. • TRAFFIC SAFETY Work associated with barricades, horses and drums used to reduce lane usage on highway work, the installation and removal of temporary lane markings, and the installation and removal of temporary road signs. TRUCK DRIVER - BUILDING, HEAVY'AND HIGHWAY CONSTRUCTION - EAST & WEST Class 1. Two or three Axle Trucks. A-frame Truck when used for transportation purposes; Air Compressors and Welding Machines, including those pulled by cars, pick-up trucks and tractors; Ambulances; Batch Gate Lockers; Batch Hopperman; Car and Truck Washers; Carry-alls; Fork Lifts and Hoisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors 2-man operation; Pavement Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors; Self-propelled Chip Spreader; Skipman; Slurry Trucks, 2-man operation; 15517 15518 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 27) Prevailing Wages. (Page 6 of 9) Explanations. Slurry Truck Conveyor Operation, 2 or 3 man; TEamsters Unskilled dumpman; and Truck Drivers hauling waming lights, barricades, and portable toilets on the job site. Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or Turnatrailers when pulling other than self-loading ecjuipment or similar ecjuipment under 16 cubic yards; Mixer Trucks under 7 yards; Ready-mix Plant Hopper Operator, and Winch Trucks, 2 Axles. Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or turnapulls when pulling other than self-loading equipment or similar ecjuipment over 16 cubic yards; Explosives and/or Fission Material Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Oil Distributors, 1-man operation; Pole Trailer, over 40 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry trucks, 1-man operation; Winch trucks, 3 axles or more; Mechanic--Truck Welder and Truck Painter. Class 4. Six axle trucks; Dual-purpose vehicles, such as mounted crane trucks with hoist and accessories; Foreman; Master Mechanic; Self-loading ecjuipment like P.B. and trucks with scoops on the front. OPERATING ENGINEERS - BUILDING Class 1. Mechanic; Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with Caisson attachment; Batch Plant; Benoto; Boiler and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant; Combination Back Hoe Front End-loader Machine; Compressor and Throttle Valve; Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Paver; Concrete Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted); Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes, (GCI and similar Type); Creter Crane; Crusher, Stone, etc.; Derricks, All; Derricks, Traveling; Formless Curb and Gutter Machine; Grader, Elevating; Grouting Machines; Highlift Shovels or Front Endloader 2-1/4 yd. and over; Hoists, Elevators, outside type rack and pinion and similar machines; Hoists, one, two and three Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar ecjuipment); Locomotives, All; Motor Patrol; Pile Drivers and Skid Rig; Post Hole Digger; Pre-Stress Machine; Pump 12/17/2003 REPORTS OF COMMITTEES (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 27) Prevailing Wages. (Page 7 of 9) Explanations. Cretes Dual Ram; Pump Cretes; Scjueeze Cretes-screw Type Pumps; Raised and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor Drawn; Slip-form Paver; Straddle Buggies; Tournapull; Tractor with Boom and Side Boom; Trenching Machines. Class 2. Bobcat (over 3/4 cu. yd.); Boilers; Brick Forklift; Broom, All Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over); Conveyor, Portable; Forklift Trucks; Greaser Engineer; Highlift Shovels or Front Endloaders under 2-1/4 yd.; Hoists, Autonwtic; Hoists, inside Freight Elevators; Hoists, Sewer Dragging Machine; Hoists, Tugger Single Drum; Laser Screed; Rock Drill (self-propelled); Rock Drill (truck mounted); Rollers, All; Steam Generators; Tractors, All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame. Class 3. Air Compressor; Combination - Small Ecjuipment Operator; Generators; Heaters, Mechanical; Hoists, Inside Elevators - (Rheostat Manual Controlled); Hydraulic Power Units (Pile Driving, Extracting, and Drilling); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Pumps, Well Points; Welding Machines (2 through 5); Winches, 4 small Electric Drill Winches; Bobcat (up to and including 3/4 cu. yd.). Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick Forklift. OPERATING ENGINEERS - FLOATING Class 1. Craft foreman (Master Mechanic), diver/wet tender, engineer (hydraulic dredge) . Class 2. Crane/backhoe operator, mechanic/welder, assistant engineer (hydraulic dredge), leverman (hydraulic dredge), and diver tender. Class 3. Deck ecjuipment operator (machineryman), maintenance of crane (over 50 ton capacity) or backhoe (96,000 pounds or more), tug/launch operator, loader, dozer and like ecjuipment on barge, breakwater wall, slip/dock or scow, deck machinery, etc. Class 4. Deck ecjuipment operator (machineryman/fireman), (4 eguipment vmits or more) and crane maintenance 50 ton capacity and under or backhoe weighing 96,000 pounds or less, assistant tug operator. OPERATING ENGINEERS - HEAVY AND HIGHWAY CONSTRUCTION Class 1. Craft Foreman; Asphalt Plant; Asphalt Heater and Planer 15519 15520 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 27) Prevailing Wages. (Page 8 of 9) Explanations. Combination; Asphalt Heater Scarfire; Asphalt Spreader; Autograder/GOMACO or other similar type machines; ABG Paver; Backhoes with Caisson attachment; Ballast Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi-Mix Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with attachments); Concrete Breaker (Truck Mounted): Concrete Conveyor; Concrete Paver over 27E cu. ft.; Concrete Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Hammerhead, Linden, Peco & Machines of a like nature; Crete Crane; Crusher, Stone, etc.; Derricks, All; Derrick Boats; Derricks, Traveling; Dowell machine with Air Compressor; Dredges; Field Mechanic-Welder; Formless Curb and Gutter Machine; Gradall and Machines of a like nature; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard Rail Post Driver Mounted; Hoists, One, Two and Three Drum; Hydraulic Backhoes; Backhoes with shear attachments; Mucking Machine; Pile Drivers and Skid Rig; Pre-Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck Mounted; Roto Mill Grinder; Slip-Form Paver; Soil Test Drill Rig (Truck Mounted); Straddle Buggies; Hydraulic Telescoping Form (Tunnel); Tractor Drawn Belt Loader (with attached pusher - two engineers); Tractor with Boom; Tractaire with Attachments; Trenching Machine; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole; Drills (Tunnel Shaft); Underground Boring and/or Mining Machines; Wheel Excavator; Widener (APSCO). Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front Endloader Machine (less than 1 cu. yd. Backhoe Bucket or over or with attachments); Compressor and Throttle Valve; Compressor, Common Receiver (3); Concrete Breaker or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 7S Series to and including 27 cu. ft.; Concrete Spreader; Concrete Curing Machine, Burlap Machine, Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or Similar Type); Drills, All; Finishing Machine Concrete; Greaser Engineer; Highlift Shovels or Front Endloader; Hoist - Sewer Dragging Machine; Hydraulic Boom Trucks (All Attachments); Hydro-Blaster; All Locomotives, Dinky; Pump Cretes; Scjueeze Cretes-Screw Type Pumps, Gypsum Bulker and Pump; Roller, Asphalt; Rotory Snow Plows; Rototiller, Seaman, etc., self-propelled; Scoops Tractor Drawn; Self-Propelled Compactor; Spreader - Chip - Stone, etc.; Scraper; Scraper - Prime Mover in Tandem (Regardless of Size); Tank Car Heater; Tractors, Push, Pulling Sheeps Foot, Disc, Compactor, etc.; Tug Boats. 12/17/2003 REPORTS OF COMMITTEES (Sub)Exhibit 6. (To Service Provider Agreement For Special Service Area Number 27) Prevailing Wages. (Page 9 of 9) Explanations. Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2); Concrete Mixer (Two Bag and Over); Conveyor, Portable; Farm-Type Tractors Used for Mowing, Seeding, etc.; Fireman on Boilers; Forklift Trucks; Grouting Machine; Hoists, Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Pipe Jacking Machines; Post-Hole Digger; Power Saw, Ccsncrete Power Driven; Pug Mills; Rollers, other than asphalt; Seed and Straw Blower; Steam Generators; Stump Machine; Winch Trucks wdth "A" Frame; Work Boats; Tamper - Form-Motor Driven. Class 4. Air Compressor; Combination - Small Ecjuipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic Power Unit (Pile Driving, Extracting, or Drilling); HydroBlaster; Light Plants, All (l through 5); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Pumps, Well Points; Tractaire; Welding Machines [2 through 5); Winches, 4 Small Electric Drill Winches. Class 5. Bobcats (all); Brick Forklifts, Oilers. Other Classifications of Work: For definitions of classifications not otherwise set out, the Department generally has on file such definitions which are available. If a task to be performed is not subject to one of the classifications of pay set out, the Department will upon being contacted state which neighboring county has such a classification and provide such rate, such rate being deemed to exist by reference in this document. If no neighboring county rate applies to the task, the Department shall undertake a special determination, such special determination being then deemed to have existed under this determination. If a project requires these, or any classification not listed, please contact IDOL at 618/993-7271 for wage rates or clarifications. LANDSCAPING Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of ecjuipment used or its size) is covered by the classifications of operating engineer. The work performed by landscape truck drivers (regardless of size of truck driven) is covered by the classifications of truck driver. 15521 15522 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 7. (To Service Provider Agreement For Special Service Area Number 27) Performance Bond Form. Pno&i (All ^ t n bg li\tit presents, That we. Principal, hereinafler refened to as Contnctor, and .Surety oTthe County of Cook and State of Illinois, are held and funily bound unto the CITY OF CHICACO in the penal sum of lawful money of the United States, for the payment of which sum of money, well and tnily to be made, we bind ouiselves, our heirs, executois, administrators, successors and assigns, jpintly and severally, firmly by these presents. ^tulth with our seals and dated this day of A.D., 20 ®l{e (HonbUton of fife ^ a ) s t ®bltgatlon te sucl{, That whereas the above bounden Contiactor has entered into a certain contract with Ihe CITY OF CHICAGO, beating Contract No. and Specification No. all in confonnity with said contract, for, The said contract is incoiporated herein by reference in its entirety, including without limiution, any and all indemnification provisions. Now, if the said Contractor shall in all respects well and tmly keep and perform the said contract on its part, in accordance with the terms and provisions of all of the Contract Dcx:uments comprising said contract, and in the time and manner therein prescTil>ed, and further shall save, indemnify, and keep harmless the City of Chicago against all loss, damages, claims, liabilities, judgements, costs and expenses which may in anywise accnie against said City of Chicago, in consequence of the granting of said contract, or which may in anywise result therefrom, oc which may result from strict liabiUty, or which may in anywise result from any injuiies to, or death of, any person, or damage to any real or penonal property, arising directly or indirectly from or in connection with, work perfonned or to be 12/17/2003 REPORTS OF COMMITTEES 15523 performed under said contfact by said Contractor, its Agents, Employees or Workmen, assignees, subcontractors, or anyone d i e , in any respect whatever, or which may result on account of any infringement of any patent by reason of the materials, machinety, devices or apparams used in the performance of said contract, and moreover, shall pay to said City any sum or sums of money detemiined by Ihe Puichasing Agent, and/'or by a coun of competent jurisdiction, to be due said City by reason of any failure or neglect in lhe performance of the requirements of said contfact, wherefore the said Purchasing Agent Shall have elected lo suspend or cancel the same, and shall pay all claiins and demands whatsoever, which may accrue to each and every materialman and subconuactoi, and lo each and every person who thall be employed by the said Contiactor or by its assignees and subcontractois, in or about the performance of said contract, and with wages paid ai prevailing wage rates if so required by said contract, and shall insure its Uability to pay the compensation, and shall pay all claims ind demands for compensauon which may accrue to each and every person who shall be employed by them or any of Ihem in or about the peifoimance of said conoact, or which shall accrue to the beneficiaries or dependents of any such person, under die provision! of the Worken' Compensation Act, 820 ILCS 305, as amended, and the Woricen' Occupauonal Disease Act, 820 ILCS 310, as amended (hereinafter refened to as "Acts") then Is this obligaiion to be null and void, otherwise to remain in hill force and effect. And it is hereby expressly undentood and agreed, and made a condition hereof, that any judgement rendeied against taid City in any suit based upon any loss, damages, claims, liabilities, judgements, costs or expenses which may in anywise accnie against said City • s • consequence of the giandng of taid contiact, or which may in anywise result tfaerebom, or which may in anywise result fiom any injuries to, or death of, any penon, or damage lo any real or penonal property, arising directly or indirectly from, or in connectioa with, wotk performed, or to be perfonned under said contract by said Contractor or its agents, employees or workmen, assignees, tubconltaclors, or anyone else and also any decision of the Industrial Commissicm of the State of Ulinois. and any order of court based upon such decision, or judgement thereon, rendered against said City of Chicago in any suit or claim arising under the aforementioned Acts when notice of the pendency or aibitration proceedings or suit shall have been given said Contractor, shall be conclusive againsi each and all parties 10 this obligation, as to amount, liabiUty and all other things pertaining thereto. fl E v o y peison fiimishing material or perfonning labor in the perfonnance of said contiact, either as an individual, as a subcontractor, or otherwise, shall have the right to sue on diis bond in the name of the Qty of Chicago for his use and benefit and in tuch tuit said peison as plaintiff, shall file a copy of this bond, certified by the party or parties in whose chaige this bond shaU be, which copy shaU be, unless execution theieof lie denied under oath, prima facie evidence of tbe execution and deUveiy of Ihe original; provided, that nothing in this bond contained shaU be taken to make the Q t y of Chicago liable to any subcontractor, materialman, laborer or to any other penon to any greater extent than it would have been Uable prior to the enactmem of the PubUc Constniction Bond Act, 30 ILCS S^O, as amended; provided fiuther, that any peison having a claim for-labor and materials himished in the performance of this ccmtract shall have no right of action unless he shall have filed a veiified nonce of such claim with the Cleik of the G t y of Chicago widiin 180 days after the date of the last item of wotk or the furnishing of the last item of materials, and shall have fumished a copy of such verified notice to the contractor within 10 days ofthe filing of the notice widi die Q t y ofChicago. Such claim shall be verified and shall conuin die name and address of the claimant, the business acUress of the claimant within the State of IlUnois, if any, or if the claimant be a foreign coiporation having no place of business with the State die principal place of business of said coiporation, and in all cases of pannership die names tnd lesidenoes of each of the paitners, the name of die contractor for the Q t y of Chicago, die name of die penon, firm or coiporation by whom the daimaiu was employed or to whom sudi claimant fumished materials, die amcxuit of the claim and a brief description of the public improvement for the construction or instaUation of which the contract is to t>c perfonned. Provided, fiuther, that no defect in the notice herein piovided for shaU deprive the claimant of his right of action under the terms and provisions of this bond unless it shaD afiiimativdy appear that such defect has prejudiced the tights of an interested pany asserting the same; provided, further, diat no action shall be brought until the expinuion of one hundred twenty (120) days after the date of die last item of woik or of the ftimishing of the last item of material except in cases where the final setdement between the Q t y of C3iicago and the Contractor thaU have been made prior to dte expiration ofthe 120 day period in which case action may be taken immediately following such final settlement, and provided, finther, that no action of any kind shaU be brought later than six (6) mondis after the acceptance by the Qty of Oiicago of die completion of woik. Any suit upon dus bond shall be btought only in a circuit coun of dte State of DUnois in die Judicial district in which die connact shall have been perfoimed. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of any of the C^intract Documents comprising said contfact, or to the work to be performed thereunder, shall in anywise affect the obligations on diis bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said Contiact Documents or to the woik. JOURNAL-CITY COUNCIL-CHICAGO 15524 12/17/2003 @Ml) Approved. -20_ (Scad) (Seal) Punharing Agent (Sod) Approved ai to fonn and legilliy: (Seal) (Seal) Assistant Corporation Counsei STATE OF ILLINOIS,! „ COUNTY OF COOK, J L , a Notaiy PubUc in and for die County and State aforesaid, DO HEREBY CERTIFY d i a t . President and . Secretary of the_ Z who are penonaUy known to me to be the same persons whose names are subscribed in the foregoing instrument as o such. . President and_ . Secrretoiy, appeared before me diis day in penon and acknowledged that they signed, sealed and deUvered the said instfument of writing as up their free and voluntary act, and as Ihe free and voluntaiy act of Ihe said b for Ihe uses ahd puiposes therein set forth, and caused the coiporate seal of said Company to be thereto attached. GIVEN under my hand and Nourial Seal dus \ day of Notary PubUc 20_ 12/17/2003 REPORTS OF COMMITTEES 15525 ( STATE OF ILLINOIS,! COUNTY OF COOK, J , a Notary PubUc in and for die County and State aforesaid. DO HEREBY CERTIFY that_ I . of the to be the tame penon O whose name who personally known subscribed in the foregoing institiment as such_ L, appeared before me this day in penon and acknowledged that u signed, sealed and deUvered the taid instnunent of writing as b i free and voluntary act, and as the free and voluntary act ofthe said _^ for the uses and puiposes therein set fottb, and caused the corporate seal of said Company to be thereto attached. GIVEN under my hand and Notarial Seal diis day of \ ( 20_ Notary PubUc STATE OF ILLINOIS,! COUNTY OF COOK, J _, a Notary PubUc in and for the County and Stale aforeuid. DO HEREBY CERIIFY dial. II who personally known to me to be the tame penons whose name instrument, appeared before me diis day in peison and acknowledged that taid instrument of writing as he signed, sealed and deUvered die fiec and voluntaiy act, for the uses and puiposes therein let forth. GIVEN under my hand and Notarial Seal diis k subscribed in the foregoing day of 20 Notary Public ORC.iaazii.26-t 15526 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit 8. (To Service Provider Agreement For Special Service Area Number 27) Contractor Affidavit. Contractor Name: Special Service Area Number: Agreement ("Agreement"): Agreement between the City ofChicago and , relating to the provision of special services dated, Affidavit. The undersigned, , as , and on behalf of , having been duly sw^orn under oath, certifies that in the year , it performed all of the Services described in (Sub)Exhibit 1 ofthe Agreement in accordance w^ith the terms ofthe Agreement and that it spent all funds obtained from the City in connection with that Agreement on the Services described in (Sub)Exhibit 1. Nothing in this Affidavit may be construed as limiting Contractor's obligations under the Agreement. All terms not defined in this Affidavit will be as defined in the Agreement. Under penalty of perjury, I certify that I am authorized to execute this Affidavit on behalf of the Contractor, that I have personal knowledge of the certifications made in this Affidavit, and that they are true and correct. Name of Contractor: Signature of Authorized Officer Name of Authorized Officer (Print or Type) 12/17/2003 REPORTS OF COMMITTEES 15527 State of County of Swom to and acknowledged before me by as [title] of this day of , 20 . [name of signatory] [name of contracting party] Signature of Notary DESIGNATION OF SL MIDWAY, L.L.C. AS PROJECT DEVELOPER, AUTHORIZATION FOR EXECUTION OF REDEVELOPMENT AGREEMENT AND ISSUANCE OF CITY NOTE FOR ACQUISITION AND DEVELOPMENT OF PROPERTY AT 6 7 0 1 SOUTH CICERO AVENUE. The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration an ordinance authorizing the execution of a redevelopment agreement and the issuance of a City ofChicago Tax Increment Allocation Revenue Note for SL Midway, L.L.C, amount of Note not to exceed: $2,750,000, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. 15528 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 This recommendation was concurred in by a viva voce vote of the members of the Committee. Alderman Burke abstained from voting pursuant to Rule 14 ofthe City Council's Rules of Order and Procedure. Respectfially submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Munoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore - 47. Nays — None. Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. 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. The following is said ordinance as passed: WHEREAS, Pursuant to an ordinance adopted by the City Council ("City Council") ofthe City ofChicago (the "City") on October 2, 2002 and published at pages 94205 — 95264 of the Joumal of the Proceedings of the City Council of the City of Chicago the "JoumaF) of such date, a certain redevelopment plan and project (the "Plan") for the 67'*'/Cicero Redevelopment Project Area (the "Area") was approved pursuant to the Illinois Tax Increment Allocation Redevelopment Act, as amended (65 ILCS 5/11-74.4-1, et seq.) (the "Act"); and 12/17/2003 REPORTS OF COMMITTEES 15529 WHEREAS, Pursuant to an ordinance adopted by the City Council on October 2, 2002 and published at pages 94250 - 94263 ofthe Jouma? of such date, the Area was designated as a redevelopment project area pursuant to the Act; and WHEREAS, Pursuant to an ordinance (the "T.I.F. Ordinance") adopted by the City Council on October 2, 2002 and published at pages 94266 - 94270 ofthe Joumal 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, SL Midway, L.L.C, a Delaware limited liability corporation ("Company") intends to purchase certain property located in the Area at 6701 South Cicero Avenue (the "Property"), and intends to commence and complete the following activities (the "Project"): construction of a six (6) story approximately one hundred eighteen thousand two hundred forty-two (118,242) square feet rental elevator building on the Property, which will include a congregate rental community for seniors (age sixty-two (62) or older), with one hundred twenty-six (126) rental units, which will offer approximately ten thousand (10,000) square feet of community space and no fewer that forty-eight (48) parking spaces, free of charge, on a firstcome first-served basis (the "Facility"). A minimum of twenty-six (26) one (1) bedroom units, having a minimum of six hundred twenty (620) square feet with initial monthly rents of Eight Hundred Forty-eight Dollars ($848), must be offered and available for rent to households eaming sixty percent (60%) or less of the AMI in compliance with the affordability guidelines established by the Chicago Department of Housing (the "Affordability Covenants"). The following standard features will be offered at no additional fee: emergency pull-cords in the bedrooms and bathrooms; electronically-monitored up-and-about check-in system; wall-towall carpeting; mini-blinds; individually controlled heating and cooling; and full kitchens. Common area amenities will include a Main Dining Room, Lounge, Library, Multi-purpose Media Room, Arts and Craft Center, Computer Lab, Card and Game Room, and Fitness Center. A garden of approximately twenty-seven thousand (27,000) square feet will be located on the Property. The following services will be offered at an additional monthly cost, which monthly cost with respect to those rental units which are subject to the Affordability Covenants shall not exceed Five Hundred Sixty-two Dollars ($562): on-site meal services; housekeeping, planned activities and scheduled transportation ("Services"); provided however, the costs for the Services can be adjusted annually based on the Consumer Price Index, for the appropriate year, not to exceed five percent (5%) in any given year. All utilities will be included in the rent for those units which are subject to the Affordability Covenants. The completion of the Project would not reasonably be anticipated without the tax increment financing assistance; and 15530 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 WHEREAS, The Company has proposed to undertake the Project in accordance with the Plan and pursuant to the terms and conditions of a proposed redevelopment agreement to be executed by the Company and the City, including but not limited to the redevelopment of the Property and to be financed in part by a portion of the Incremental Taxes deposited in the 67*^/Cicero Redevelopment Project Area Special Tax Allocation Fund (as defined in the T.I.F. Ordinance); and WHEREAS, Pursuant to Resolution 03-CDC-054, adopted by the Community Development Commission ofChicago (the "Commission") on August 12, 2003, the Commission has recommended that the Company be designated as the developer for the Project and that the Department ofPIanning and Development ("D.P.D.") be authorized to negotiate, execute and deliver on behalf of the City a redevelopment agreement with the Company for the Project; now, therefore. Be It Ordained by the City Council of the City of Chicago: SECTION 1. The above recitals are incorporated herein and made a part hereof. SECTION 2. The Company is hereby designated as the developer for the Project pursuant to Section 5/11-74.4-4 ofthe Act. SECTION 3. The Commissioner of D.P.D. (the "Commissioner") or a designee of the Commissioner are 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 Company and the City substantially in the form attached hereto as Exhibit A and made a part hereof (the "Redevelopment Agreement"), and such other supporting documents as may be necessary to carry out and comply with the provisions of the Redevelopment Agreement, with such changes, deletions and insertions as shall be approved by the persons executing the Redevelopment Agreement. SECTION 4. TheCity Council of the City hereby finds that the City is authorized to issue its tax increment allocation revenue obligations in an amount not to exceed Two Million Seven Hundred Fifty Thousand Dollars ($2,750,000) for the purpose of paying a portion of the eligible costs included within the Project. SECTION 5. There shall be borrowed for and on behalfofthe City an amount not to exceed Two Million Seven Hundred Fifty Thousand Dollars ($2,750,000) for the pa5mient of a portion of the eligible costs included within the Project and a note of the City shall be issued u p to said amount and shall be designated "Tax increment Allocation Revenue Note 67""/Cicero Redevelopment Project Area, Taxable Series A" (the "Note"). The Note shall be dated the date of delivery thereof, and shall also bear the date of authentication, shall be in fully registered form, shall be in the denomination of the outstanding principal amount thereof and shall become due and payable as provide therein. 12/17/2003 REPORTS OF COMMITTEES 15531 The Note shall bear interest at a rate tied to the twenty (20) year Treasury Constant Maturities as published in the current Federal Reserve Statistical Release H-15 upon the date of issuance, plus three hundred (300) Basis Points, not to exceed nine percent (9%) per annum, computed on the basis ofthree hundred sixty (360) day year of twelve (12) thirty (30) day months. The principal of and interest on the Note shall be paid by check or draft of the Comptroller ofthe City, as registrar and paying agent (the "Registrar"), payable in lawful money of the United States of America to the persons in whose names the Note are registered at the close of business on the fifteenth (15*^) day of the month immediately prior to the applicable pa3mient date, unless the City has been directed to make such payment in another manner by written notice given to the Registrar by the registered owner at least thirty (30) days prior to the applicable payment date; provided, that the final installment ofthe principal and accrued but unpaid interest of the Note shall be payable in lawful money of the United States of America at the principal office of the Registrar or as otherwise directed by the City. The seal of the City shall be affixed to or a facsimile thereof printed on the Note, and the Note shall be signed by the manual or facsimile signature of the Mayor of the City and attested by the manual or facsimile signature of the City Clerk of the City, and in case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery ofthe Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The Note shall have thereon a certificate of authentication substantially in the form hereinafter set forth duly executed by the Registrar, as authenticating agent ofthe City for the Note, and showing the date of authentication. The Note shall not be valid or obligatory for any purpose or be entitled to any security or benefit under this ordinance unless or until such certificate of authentication shall have been duly executed by the Registrar by manual signature, and such certificate of authentication upon the Note shall be conclusive evidence that the Note has been authenticated and delivered under this Ordinance. SECTION 6. The City shall cause books (the "Register") for the registration and for the transfer of the Note as provided in this ordinance to be kept at the principal office ofthe Registrar, which is hereby constituted and appointed the registrar ofthe City for the Note. Upon surrender for transfer ofthe Note at the principal office ofthe Registrar, duly endorsed by, or accompanied by (i) a written instrument or instruments of transfer in form satisfactory to the Registrar, (ii) an investment representation in form satisfactory to the City and duly executed by the registered owner or his attomey duly authorized in writing and (iii) the written consent of the City evidenced by the 15532 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 signature ofthe Commissioner (or his or her designee) on the instrument of transfer, the City shall execute and the Registrar shall authenticate, date and deliver in the name of the transferee or transferees a new fully registered Note of the same maturity, of authorized denomination, for a like aggregate principal amount. The execution by the City of the fully registered Note shall constitute full and due authorization of the Note and the Registrar shall thereby be authorized to authenticate, date and deliver the Note, provided, however, that the principal amount of the Note authenticated by the Registrar shall not exceed the authorized principal amount ofthe Note less previous retirements. The Registrar shall not be required to transfer or exchange the Note during the period beginning at the close ofbusiness on the fifteenth (15"") day ofthe month immediately prior to the maturity date ofthe Note nor to transfer or exchange the Note after notice calling the Note for redemption has been made, nor during a period of five (5) days next preceding mailing ofa notice of redemption of principal ofthe Note. No beneficial interests in the Note shall be assigned, except in accordance with the procedures for transferring the Note described above. The entity in whose name the Note shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and pa5anent of the principal ofthe Note shall be made only to or upon the order ofthe registered owner thereof or his legal representative. All such pa3mients shall be valid and effectual to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid. No service charge shall be made for any transfer of the Note, but the City or the Registrar may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer of the Note. SECTION 7. The principal ofthe Note shall be subject to redemption as provided in the form of Note attached hereto as Exhibit B. As directed by the Commissioner, the Registrar shall proceed with redemptions without further notice or direction from the City. SECTION 8. The Registrar shall note on the Payment Schedule attached to the Note the amount of any pa5Tiient of principal or interest on the Note, including the amount ofany redemption, and the amount ofany reduction in principal pursuant to the Redevelopment Agreement. SECTION 9. The Note shall be prepared in substantially the form attached hereto as Exhibit B. SECTION 10. The Note hereby authorized shall be executed as provided in this ordinance and the Redevelopment Agreement, and thereupon, be deposited with the 12/17/2003 REPORTS OF COMMITTEES 15533 Commissioner, and be delivered by said Commissioner to the Developer. SECTION 11. (a) Special Tax Allocation Fund. Pursuant to the T.I.F. Ordinance, the City has created a special fund, designated as the 67*/Cicero Tax Increment Financing Redevelopment Project Area Special Tax Allocation Fund (the "Tax Allocation Fund"). The Comptroller ofthe City is hereby directed to maintain the Tax Allocation Fund as a segregated interest-bearing account, separate and apart from the General Fund or any other fund of the City, with a bank which is insured by the Federal Deposit Insurance Corporation or its successor. Pursuant to the T.I.F. Ordinance, all incremental ad valorem taxes received by the City for the Area are to be deposited into the Tax Allocation Fund. (b) Pledge Of Available Incremental Taxes. The City hereby assigns, pledges and dedicates the Available Incremental Taxes (as defined in the Redevelopment Agreement) to the payment ofthe principal of and interest, ifany, on the Note when due. The Available Incremental Taxes may be invested as hereinafter provided. The Available Incremental Taxes shall be used to pay the principal of and interest on the Note, at maturity or upon payment or redemption prior to maturity, in accordance with their terms, which payments from Available Incremental Taxes are hereby authorized and appropriated by the City. Upon pajrment of all amounts due under the Note in accordance with their terms, the Available Incremental Taxes shall be deposited in the Tax Allocation Fund of the City. SECTION 12. The Note is a special limited obligation of the City and is payable solely from Available Incremental Taxes (or such other funds in the Tax Allocation Fund as the City, in its sole discretion, may determine), and shall be a valid claim of the registered owner thereof only against said sources. The Note shall not be deemed to constitute an indebtedness or a loan against the general taxing powers or credit ofthe City, within the meaning ofany constitutional or statutoiy provision. The registered owner(s) of the Note shall not have the right to compel any exercise of the taxing power of the City, the State of Illinois or any political subdivision thereof to pay the principal of or interest on the Note. SECTION 13. The Available Incremental Taxes may be invested as allowed under Section 2-32-520 of the Municipal Code of the City of Chicago. Each such investment shall mature on a date prior to the date on which said amounts are needed to pay the principal of or interest on the Note. SECTION 14. Pursuant to the Redevelopment Agreement, Company has agreed to perform and complete the Project. The eligible costs of such Project u p to the amount ofTwo Million Seven Hundred Fifty Thousand Dollars ($2,750,000) shall be deemed to be a disbursement of the proceeds of the Note, and the outstanding 15534 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 principal amount of the Note shall be represented by the sum of advances made pursuant to a certificate of expenditure (Certificate of Expenditure). The principal amount outstanding on the Note shall be the sum of advances made p u r s u a n t to certificates of expenditure (the "Certificates of Expenditure") executed by the Commissioner (or his or her designee) and authenticated by the Registrar, in accordance with the Redevelopment Agreement, minus any principal amount paid on the Note and other reductions in principal as provided in the Redevelopment Agreement. A Certificate of Expenditure shall not be valid or obligatory under this Ordinance unless or until authenticated by the Registrar by manual signature. The City shall not execute Certificates of Expenditure at total in excess of Two Million Seven Hundred Fifty Thousand Dollars ($2,750,000). Upon execution of a Certificate of Expenditure, the Registrar shall promptly send the Certificate to the Registered Owners and retain a copy with the Register. Certificates of Expenditure shall be in substantially the form attached hereto as Exhibit C SECTION 15. The Registrar shall maintain a list of the names and address of the registered owners from time to time ofthe Note and upon any transfer shall add the name and address ofthe new registered owner and eliminate the name and address of the transferor. SECTION 16. The provisions ofthis ordinance shall constitute a contract between the City and the registered owners ofthe Note. All covenants relating to the Note are enforceable by the registered owners of the Note. SECTION 17. The Mayor, the Comptroller, the City Clerk, the Commissioner (or his or her designee) and the other officers of the City are authorized to execute and deliver on behalfofthe City such other documents, agreements and certificates and to do such other things consistent with the terms of this ordinance as such officers and employees shall deem necessary or appropriate in order to effectuate the intent and purposes of this Ordinance. SECTION 18. 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 19. All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict. SECTION 20. This ordinance shall be in full force and effect immediately upon its passage. Exhibits "A", "B" and "C" referred to in this ordinance read as follows: 12/17/2003 REPORTS O F COMMITTEES Exhibit "A". (To Ordinance) 67^^/Cicero Redevelopment Agreement By A n d B e t w e e n The City Of Chicago And SL Midway, L.L.C. This Redevelopment Agreement (this "Agreement") is made as of this day of , 20 , by and between the City ofChicago, an Illinois municipal corporation (the "City"), through its Department of Planning and Development ("DPD"), and SL Midway LLC, a Delaware limited liability corporation (the "Developer"). RECITALS A. Constitutional Authoritv: As a home rule unit of govemment tmder Section 6(a), Article VII ofthe 1970 Constitution ofthe State oflllinois (the "State"), the City has the power to regulate for the protection ofthe public health, safety, morals and welfare ofits inhabitants, and pursuant thereto, has the power to encourage private development in order to enhance the local tax base, create employment opportimities and to enter into contractual agreements with private parties in order to achieve these goals. B. Statutorv Authority: The Citv is authorized underthe provisions ofthe Tax Increment Allocation Redevelopment Act. 65 ILCS 5/11-74.4-1 et seg., as amended from time to time (the "Act"), to fmance projects that eradicate blighted conditions and conservation area factors through the use of tax increment allocation fmancing for redevelopment projects. 15535 15536 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 C. Citv Council Authoritv: To induce redevelopment pursuant to the Act, the City Council ofthe City (the "City Council") adopted the following ordinances on October 2,2002: (1) "An Ordinance ofthe City ofChicago, Illinois Approving a Redevelopment Plan for the 67th/Cicero Redevelopment Project Area"; (2) "An Ordinance ofthe City ofChicago, Illinois Designating the 67th/Cicero Redevelopment Project Area as a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act"; and (3) "An Ordinance ofthe City ofChicago, Illinois Adopting Tax Increment Allocation Financing for the 67th/Cicero Redevelopment Project Area" (the "TIF Adoption Ordinance") (items(l)-(3) collectively referred to herein as the "TIF Ordinances"). The redevelopment project area referred to above (the "Redevelopment Area") is legally described in Exhibit A hereto. D. The Proiect: The Developer intends to purchase (the "Acquisition") certain property located within the Redevelopment Area at 6701 South Cicero Avenue, Chicago, Illinois 60638 and legally described on Exhibit B hereto (the "Property"), and, within the time frames set forth in Section 3.01 hereof, shall commence and complete the following activities (the "Project"): construction of a six-story approximately 118,242 square foot rental elevator building on the Property, which will include a congregate rental community for seniors (age 62 or older), with 126 rental units, which will offer approximately 10,000 square feet of community space and no fewer than 48 parking spaces free of charge on a first-come first-served basis (the "Facility"). A minimum of 26 one bedroom units, having a minimum of 620 square feet with initial monthly rents of $848, must be offered and available for rent to households eaming 60% or less ofthe AMI in compliance with the affordability guidelines established by the Chicago Department of Housing (the "Affordability Covenants"). The following standard features will be offered at no additional fee:^ emergency pull-cords in the bedrooms and bathrooms; electronically-monitored up-and-about checkin system; wall-to-wall carpeting; mini-blinds; individually controlled heating and cooling; and full kitchens. Common area amenities will include a Main Dining Room, Lounge, Library, Multipurpose Media Room, Arts and Crafts Center, Computer Lab, Card and Game Room, and Fitness Center. A garden of approximately 27,000 square feet will be located on the Property. The following services will be offered at an additional monthly cost which monthly cost with respect to those rental units which are subject to the Affordability Covenants shall not exceed $562: on-site meal services; housekeeping, planned activities, and scheduled transportation ("Services"); provided however, the costs for the Services can be adjusted annually based on the Consiuner Price Index, as defined in this Agreement, for the appropriate year, not to exceed 5% in any given year. All utilities will be included in the rent for those units which are subject to the Affordability Covenants. The Facility and related improvements (including but not limited to those TIF-Funded Improvements as defined below and set forth in Exhibit C) are collectively referred to herein as the Project. The completion ofthe Project would not reasonably be anticipated without the financing contemplated in this Agreement. E. Redevelopment Plan: The Project will be carried out in accordance with this Agreement and the City of Chicago 67th/Cicero Redevelopment Project Area Tax Increment Financing Program Redevelopment Plan (the "Redevelopment Plan") attached hereto as Exhibit D. Among the objectives ofthe Redevelopment Plan is to promote new residential development that 12/17/2003 REPORTS OF COMMITTEES 15537 accommodates a diverse economic mix of residents, particularly senior citizens, including the opportunity for development of new affordable housing. F. The City acknowledges that Lender Financing for the Project is to be provided as set forth in Exhibit F attached hereto (the "Lender Financing"). G. Citv Financing: The City agrees to use, in the amounts set forth in Section 4.03 hereof, the proceeds of the City Note (defined below) and/or Incremental Taxes to reimburse the Developer for the costs of TIF-Funded Improvements pursuant to the terms and conditions ofthis Agreement and the City Note. In addition, the City may, in its discretion, issue tax increment allocation bonds ("TIF Bonds") secured by Incremental Taxes pursuant to a TIF bond ordinance (the "TIF Bond Ordinance") at a later date, the proceeds ofwhich (the "TIF Bond Proceeds") may be used to pay for the costs ofthe TIF-Fimded Improvements not previously paid for from Incremental Taxes (including any such payment made pursuant to any City Note provided to the Developer pursuant to this Agreement), to make payments of principal and interest on the City Note, or in order to reimburse the City for the costs of TIF-Funded Improvements. Now, therefore, in consideration ofthe 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: SECTION 1. RECITALS The foregoing recitals are hereby incorporated into this agreement by reference. SECTION 2. DEFINITIONS For purposes ofthis Agreement, in addition to the terms defined in the foregoing recitals, the following terms shall have the meanings set forth below: "Act" shall have the meaning set forth in the Recitals hereof "Acquisition" shall have the meaning set forth in the Recitals hereof "Affiliate" shall mean any person or entity directly or indirectly controlling, controlled by or under common control with the Developer. "Affordability Covenants" shall mean the income, rent, cost of Services, end user and occupancy restriction covenants set forth in Recital D, which shall apply for the 30 year term consistent with the ordinances setting forth Affordability Guidelines and Affordable Housing Commitment ofthe City. 15538 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 "AMI" shall mean the area median income for the Chicago Metropolitan Area, as published annually by the Department of Housing and Urban Development. "Available Incremental Taxes" shall mean an amount equal to 95% ofthe Incremental Taxes deposited in the 67th/Cicero Redevelopment Project Area TIF Fimd attributable to the taxes levied on the Property and resulting from the Project. "Bond(s)" shall have the meaning set forth for such term in Section 8.05 hereof. "Bond Ordinance" shall mean the City ordinance authorizing the issuance of Bonds. "Certificate" shall mean the Certificate of Completion of Construction described in Section 7.01 hereof "Certificate of Expenditure" shall mean any Certificate of Expenditure referenced in the City Note pursuant to which the principal amount ofthe City Note will be established. "Change Order" shall mean any amendment or modification to the Scope Drawings, Plans and Specifications or the Project Budget as described in Section 3.03. Section 3.04 and Section 3.05. respectively. "Cirv Council" shall have the meaning set forth in the Recitals hereof "Citv Funds" shall have the meaning set forth in Paragraph G ofthe Recitals hereto. "City Note" shall mean the taxable Tax Increment Allocation Revenue Note (67th/Cicero Redevelopment Project), Series A, to be in the form attached hereto as Exhibit M. in the maximum principal amount of $2,750,000, issued by the City to the Developer on or as ofthe date hereof The City Note shall bear interest at an annual rate, plus 300 basis points, based on the 20 year Treasury Constant Maturities as published upon issuance ofthe Certificate in the then current Federal Reserve Statistical Release H-15, but not to exceed nine percent (9%). In the event that Federal Reserve Statistical Release H-15 is no longer available, such interest rate will be determined based on a comparable index as determined by DPD. "Closing Date" shall mean the date of execution and delivery ofthis Agreement by all parties hereto, which shall be deemed to be the date appearing in the first paragraph ofthis Agreement. "Construction Contract" shall mean that certain contract, substantially in the form attached hereto as Exhibit E. to be entered into between the Developer and the General Contractor providing for construction ofthe Project. "Consumer Price Index" shall mean Consumer Price Index for Midwest Urban Areas as published by the U.S. Department of Labor, Bureau of Labor Statistics. 12/17/2003 REPORTS OF COMMITTEES 15539 "Corporation Counsel" shall mean the City's Office of Corporation Counsel. "Emplover(s)" shall have the meaning set forth in Section 10 hereof "Environmental Laws" shall mean any and all federal, state or local statutes, laws, regulations, ordinances, codes, mles, orders, licenses, judgments, decrees or requirements relating to public health and safety and the environment now or hereafter in force, as amended and hereafter amended, including but not limited to (i) the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601 et seg.); (ii) any so-called "Superfund" or "Superiien" law; (iii) the Hazardous Materials Transportation Act (49 U.S.C. Section 1802 et seg.); (iv) the Resource Conservation and Recovery Act (42 U.S.C. Section 6902 et seg.); (v) the Clean Air Act (42 U.S.C. Section 7401 et seg.); (vi) die Clean Water Act (33 U.S.C. Section 1251 etseg.); (vii) the Toxic Substances Control Act (15 U.S.C. Section 2601 et seg.); (viii) the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. Section 136 et seg.); (ix) the Illinois Environmental Protection Act (415 ILCS 5/1 et seg.); and (x) the Municipal Code ofChicago. "Equity" shall mean fimds ofthe Developer (other than funds derived from Lender Financing) irrevocably available for the Project, in the amount set forth in Section 4.01 hereof, which amount may be increased pursuant to Section 4.06 (Cost Overmns) or Section 4.03(b). "Escrow" shall mean the constmction escrow established pursuant to the Escrow Agreement. "Escrow Agreement" shall mean the Escrow Agreement establishing a constmction escrow, to be entered into as ofthe date hereof by the Title Company (or an affiliate ofthe Title Company), the Inspecting Architect, Developer and the Developer's lender(s), which shall provide that theCity shall receive copies ofany draw requests and related documents submitted to the Title Company for disbursement thereunder. "Event of Default" shall have the meaning set forth in Section 15 hereof "Facilitv" shall have the meaning set forth in the Recitals hereof. "Financial Statements" shall mean complete audited financial statements ofthe Developer prepared by a certified public accountant in accordance with generally accepted accounting principles and practices consistently applied throughout the appropriate periods. "General Contractor" shall mean the general contractor(s) hired by the Developer pursuant to Section 6.01. "Hazardous Materials" shall mean any toxic substance, hazardous substance, hazardous material, hazardous chemical or hazardous, toxic or dangerous waste defined or qualifying as such in (or for the purposes of) any Environmental Law, or any pollutant or contaminant, and shall include, but not be limited to, petroleum (including cmde oil), any radioactive material or by-product material, polychlorinated biphenyls and asbestos in any form or condition. 15540 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 "Incremental Taxes" shall mean such ad valorem taxes which, pursuant to the TIF Adoption Ordinance and Section 5/11 -74.4-8(b) ofthe Act, are allocated to and when collected are paid to the Treasurer of the City of Chicago for deposit by the Treasurer into the 67th/Cicero TIF Fund established to pay Redevelopment Project Costs and obligations incurred in the payment thereof "Lender Financing" shall mean funds borrowed by the Developer from lenders and irrevocably available to pay for costs ofthe Project, in the amount set forth in Section 4.01 hereof "MBE(s)" 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. "MBE/WBE Budget" shall mean the budget attached hereto as Exhibit H-2. as described in Section 10.03. "Municipal Code" shall mean the Municipal Code of the City of Chicago. "Non-Govemmental Charges" shall mean all non-govemmental charges, liens, claims, or encumbrances relating to the Developer, the Property or the Project. "Permitted Liens" shall mean those liens and encumbrances against the Property and/or the Project set forth on Exhibit G hereto. "Plans and Specifications" shall mean initial and fmal constmcfion documents containing a site plan and working drawings and specifications for the Project, as submitted to the City as the basis for obtaining building permits for the Project. "Prior Expenditure(s)" shall have the meaning set forth in Section 4.05(a) hereof "Project" shall have the meaning set forth in the Recitals hereof. "Proiect Budget" shall mean the budget attached hereto as Exhibit H. showing the total cost of the Project by line item, fumished by the Developer to DPD, in accordance with Section 3.03 hereof "Propertv" shall have the meaning set forth in the Recitals hereof "Redevelopment Area" shall have the meaning set forth in the Recitals hereof "Redevelopment Plan" shall have the meaning set forth in the Recitals hereof "Redevelopment Proiect Costs" shall mean redevelopment project costs as defined in Section 5/1 l-74.4-3(q) of the Act that are included in the budget set forth in the Redevelopment Plan or otherwise referenced in the Redevelopment Plan. 12/17/2003 REPORTS OF COMMITTEES 15541 "Requisition Form" shall mean the document, in the form attached hereto as Exhibit L. to be delivered by the Developer to DPD pursuant to Section 4.04 ofthis Agreement. "Scope Drawings" shall mean preliminary constmction documents containing a site plan and preliminary drawings and specifications for the Project. "Services" shall mean on-site meal services, housekeeping, plaimed activities, and scheduled transportation set forth in the Recitals hereof "67th/Cicero Redevelopment Proiect Area TIF Fund" shall mean the special tax allocation fund created by the City in connection with the Redevelopment Area into which the Incremental Taxes will be deposited. "Survey" shall mean a Class A plat of survey in the most recently revised form of ALTA/ACSM survey ofthe Property dated within 45 days prior to the Closing Date, acceptable in form and content to the City and the Title Company, prepared by a surveyor registered in the State oflllinois, certified to the City and the Title Company, and indicating whether the Property is in a flood hazard area as identified by the United States Federal Emergency Management Agency (and updates thereof to reflect improvements to the Property in connection with the constmction ofthe Facility and related improvements as required by the City or lender(s) providing Lender Financing). "Term ofthe Agreement" shall mean the period of time commencing on the Closing Date and ending on the later of: (a) any date to which DPD and the Developer have agreed or (b) the date on which the Redevelopment Area is no longer in effect (through and including December 31,2026). "TIF Adopfion Ordinance" shall have the meaning set forth in the Recitals hereof "TIF Bonds" shall have the meaning set forth in the Recitals hereof "TIF Bond Ordinance" shall have the meaning set forth in the Recitals hereof. 'TIF-Funded Improvements" shall mean those improvements ofthe Project which (i) qualify as Redevelopment Project Costs, (ii) are eligible costs under the Redevelopment Plan and (iii) the City has agreed to pay for out ofthe City Funds, subject to the terms ofthis Agreement. Exhibit C lists the TIF-Funded Improvements for the Project. "TIF Ordinances" shall have the meaning set forth in the Recitals hereof "Title Companv" shall mean Near North National Title Insurance Corporation. "Title Policv" shall mean a title insurance policy in the most recently revised ALTA or equivalent form, showing the Developer as the insured, noting the recording ofthis Agreement as an encumbrance against the Property, and a subordination agreement in favor ofthe City with respect 15542 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 to previously recorded liens against the Property related to Lender Financing, if any, issued by the Title Company. "WARN Act" shall mean the Worker Adjustment and Retraining Notification Act (29 U.S.C. Section 2101 et seq.). "WBE(s)" 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. SECTION 3. THE PROJECT 3.01 The Proiect. With respect to the Facility, the Developer shall, pursuant to the Plans and Specifications and subject to the provisions ofSection 18.17 hereof: (i) commence constmction no later than April 1, 2004; and (ii) complete constmction and conduct business operations therein no later than May 1, 2005. 3.02 Scope Drawings and Plans and Specifications. The Developer has delivered the Scope Drawings and Plans and Specifications to DPD and DPD has approved same. After such initial approval, subsequent proposed changes to the Scope Drawings or Plans and Specifications shall be submitted to DPD as a Change Order pursuant to Secfion 3.04 hereof The Scope Drawings and Plans and Specifications shall at all times conform to the Redevelopment Plan and all applicable federal, state and local laws, ordinances and regulations. The Developer shall submit all necessary documents to the City's Building Department, Department ofTransportation and such other City departments or govemmental authorities as may be necessary to acquire building permits and other required approvals for the Project. 3.03 Proiect Budget. The Developer has fumished to DPD, and DPD has approved, a Project Budget showing total costs for the Project in an amount not less than ($18,100,392). The Developer hereby certifies to the City that (a) it has Lender Financing and Equity in an amount sufficient to pay for all Project costs; and (b) the Project Budget is tme, correct and complete in all material respects. The Developer shall promptly deliver to DPD certified copies ofany Change Orders with respect to the Project Budget for approval pursuant to Secfion 3.04 hereof 3.04 Change Orders. Except as provided below, all Change Orders (and documentation substantiating the need and identifying the source of funding therefor) relating to material changes to the Project must be submitted by the Developer to DPD concurrently with the progress reports described in Section 3.07 hereof; provided, that any Change Order relating to any ofthe following must be submitted by the Developer to DPD for DPD's prior written approval: (a) a reduction in the square footage ofthe Facility by more than 5%; (b) a change in the use ofthe Property to a use other than residential rental housing for seniors consistent with the Affordability Covenants; (c) a delay in the commencement or completion of the Project; and (d) Change Orders which increase the Project Budget by more than 10% individually or in the aggregate. The Developer shall not 12/17/2003 REPORTS OF COMMITTEES authorize or permit the performance ofany work relating to any Change Order or the fiimishing of materials in connection therewith prior to the receipt by the Developer of DPD's written approval (to the extent required in this Section), which approval shall not be unreasonably withheld. Notwithstanding anything to the contrary in this Section 3.04, Change Orders costing an aggregate amount of less than $250,000 do not require DPD's prior written approval as set forth in this Section 3.04, but DPD shall be notified in writing ofall such Change Orders prior to the implementation thereof and the Developer, in connection with such notice, shall identify to DPD the source of funding therefor. 3.05 DPD Approval. Any approval granted by DPD of the Scope Drawings, Plans and Specifications and the Change Orders is for the purposes ofthis Agreement only and does not affect or constitute any approval required by any other City department or pursuant to any City ordinance, code, regulafion or any other govemmental approval, nor does any approval by DPD pursuantto this Agreement constitute approval ofthe quality, stmctural soundness or safety ofthe Property or the Project. 3.06 Other Approvals. Any DPD approval under this Agreement shall have no effect upon, nor shall it operate as a waiver of, the Developer's obligations to comply with the provisions of Secfion 5.03 (Other Govemmental Approvals) hereof The Developer shall not commence constmction ofthe Project until the Developer has obtained all necessary permits and approvals (including but not limited to DPD's approval ofthe Scope Drawings and Plans and Specifications) and proof of the General Contractor's and each subcontractor's bonding as required hereunder. 3.07 Progress Reports and Survev Updates. The Developer shall provide DPD with written quarterly progress reports detaiUng the status ofthe Project, including a revised completion date, if necessary (with any change in completion date being considered a Change Order, requiring DPD's written approval pursuant to Section 3.04). The Developer shall provide three (3) copies of an updated Survey to DPD upon the request of DPD or any lender providing Lender Financing reflecting improvements made to the Property. 3.08 Inspecfing Agent or Architect. An independent agent or architect (other than the Developer's architect) approved by DPD shall be selected to act as the inspecting agent or architect, at the Developer's expense, for the Project. The inspecting agent or architect shall perform periodic inspections with respect to the Project, providing certifications with respect thereto to DPD, prior to requests for disbursement for costs related to the Project hereunder pursuant to the Escrow Agreement. At Developer's option, the inspecting architect shall be the inspecting architect engaged by any lender providing Lender Financing for the Project provided that said architect is an independent architect licensed by the State of Illinois. 3.09 Barricades. Prior to commencing any constmction requiring barricades, the Developer shall install a constmction barricade ofa type and appearance satisfactory to the City and constmcted in compliance with all applicable federal, state or City laws, ordinances and regulations. DPD retains the right to approve the maintenance, appearance, color scheme, painting, nature, type, content and design of all barricades. 15543 15544 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 3.10 Signs and Public Relations. The Developer shall erect a sign of size and style approved by the City in a conspicuous location on the Property during the Project, indicating that fmancing has been provided by the City. The City reserves the right to include the name, photograph, artistic rendering ofthe Project and other pertinent information regarding the Developer, the Property and the Project in the City's promotional literature and communications. 3.11 Utility Connections. The Developer may connect all on-site water, sanitary, storm and sewer lines constmcted on the Property to City utility lines existing on or near the perimeter ofthe Property, provided the Developer first complies with all City requirements goveming such connections, including the payment of customary fees and costs related thereto. 3.12 Permit Fees. In connection with the Project, the Developer shall be obligated to pay only those building, permit, engineering, tap pn and inspection fees that are assessed on a uniform basis throughout the City ofChicago and are of general applicabilhy to other property within the City ofChicago. SECTION 4. FINANCING 4.01 Total Proiect Cost and Sources of Funds. The cost of the Project is estimated to be $18,100,392 to be applied in the maimer set forth in the Project Budget. Such costs shall be funded initially from the following sources, with City Funds to be provided for reimbursement of certain of Developer's costs pursuant to the terms of this Agreement: Equity (subiect to Secfions 4.03(b) and 4:06) Lender Financing ESTIMATED TOTAL $ 4,000,392 $14.100.000 $18,100^92 4.02 Developer Funds. Equity and/or Lender Financing shall be used to pay all Project costs, including but not limited to Redevelopment Project costs and costs of TIF-Funded Improvements. 4.03 City Funds. (a) Uses of City Funds. City Funds may only be used to make payments of principal and interest on the City Note and to reimburse the Developer for costs of TIF-Funded Improvements that constitute Redevelopment Project Costs. Exhibit C sets forth, by line item, the TIF-Funded Improvements for the Project, and the maximum amount of costs that may be paid by or reimbursed from City Funds for each line item therein (subject to Sections 4.03(b) and 4.05(b)). contingent upon receipt by the City of documentation satisfactory in form and substance to DPD evidencing such cost and its eligibility as a Redevelopment Project Cost. Available Incremental Taxes in the 67th/Cicero TIF-Fund as ofthe date of issuance ofthe Certificate, at the City's sole option and discretion, may be paid to Developer for reimbursement of costs of the Project incurred by the Developer upon issuance ofthe Certificate, subject to Section 4.07 ofthis Agreement. Interest shall not accme under the City Note until such time that such initial payment of City Funds may be made under this Section 12/17/2003 REPORTS OF COMMITTEES 15545 and Section 4.07. City Funds shall not be paid to the Developer hereunder prior to the issuance of a Certificate. (b) Sources of City Funds. Subject to the terms and conditions ofthis Agreement, including but not limited to this Secfion 4.03 and Section 5 hereof, the City hereby agrees to issue the City Note to the Developer on the Closing Date in a principal amount equal to the costs of the TIFFunded Improvements which have been incuned by the Developer on such date, as evidenced by a Certificate of Expenditure in conformance with Section 4.07 hereof, and which are eligible to reimbursed by the City through payments of principal and interest on the City Note, subject to the provisions hereof; provided, however, the maximum principal amount ofthe City Note shall be an amount not to exceed the lesser of $2,750,000 or 15% ofthe actual total Project costs; and provided. further, that payments under the City Note are subject to the amount of Available Incremental Taxes deposited into the 67th/Cicero Redevelopment Area being sufficient for such payments. 4.04 Constmction Escrow: Requisition Form. The City must receive copies of any draw requests and related documents submitted to the Title Company for disbursements under the Escrow Agreement. Prior to each October 1 and continuing annually thereafter, beginning with the year in which the Certificate of Completion is issued and continuing throughout the earlier of (i) the Term ofthe Agreement or (ii) the date that the Developer has been reimbursed in full under this Agreement, the Developer shall provide DPD with a Requisition Form, along with the documentation described therein. DPD shall retain the right to approve or reject any cost in the Project or in any Requisition Form as (i) a TIF-Funded Improvement or (ii) a part ofthe actual total Project costs. Requisifion for reimbursement of TIF-Funded Improvements shall be made not more than one time per calendar year (or as otherwise permitted by DPD). On each January 1 (or such other date as may be acceptable to the parties), beginning after the first Requisition Form is delivered to the City and continuing throughout the Term ofthe Agreement, the Developer shall meet with DPD at the request of DPD to discuss the Requisition Form(s) previously delivered. 4.05 Treatment of Prior Expenditures and Subsequent Disbursements. (a) Prior Expenditures. Only those expenditures made by the Developer with respect to the Project prior to the Closing Date, evidenced by documentation satisfactory to DPD and approved by DPD as satisfying costs covered in the Project Budget, shall be considered previously contributed Equity or Lender Financing hereunder (the "Prior Expenditures"). DPD shall have the right, in its sole discretion, to disallow any such expenditure as a Prior Expenditure. Exhibit I hereto sets forth the prior expenditures approved by DPD as of the date hereof as Prior Expenditures. Prior Expenditures made for items other than TIF-Funded Improvements shall not be reimbursed to the Developer, but shall reduce the amount of Equity and/or Lender Financing required to be contributed by the Developer pursuant to Section 4.01 hereof. (b) Allocafion Among Line Items. Disbursements for expenditures related to TIF-Funded Improvements may be allocated to and charged against the appropriate line only, with transfers of 15546 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 costs and expenses from one line item to another, without the prior written consent of DPD, being prohibited; provided, however, that such transfers among line items, in an amount not to exceed $50,000 or $150,000 in the aggregate, may be made without the prior written consent of DPD. 4.06 Cost Overmns. If the aggregate cost of the TIF-Funded Improvements exceeds City Funds available pursuant to Secfion 4.03 hereof, or ifthe cost of completing the Project exceeds the Project Budget, the Developer shall be solely responsible for such excess cost, and shall hold the City harmless from any and all costs and expenses of completing the TIF-Funded Improvements in excess of City Funds and of completing the Project. 4.07 Preconditions of Execution of Certificate of Expenditure. Prior to each execution of a Certificate of Expenditure by the City, the Developer shall submit documentation regarding the applicable expenditures to DPD, which shall be satisfactory to DPD in its sole discretion. Delivery by the Developer to DPD of any request for execution by the City of a Certificate of Expenditure hereunder shall, in addition to the items therein expressly set forth, constitute a certification to the City, as ofthe date of such request for execution ofa Certificate of Expenditure, that: (a) the total amount of the request for Certificate of Expenditure represents the actual cost ofthe Acquisifion or the actual amount paid to the General Contractor and/or subcontractors who have performed work on the Project, and/or their payees; (b) all amounts shown as previous payments on the current request for Certificate of Expenditure have been paid to the parties entified to such payment; (c) the Developer has approved all •work and materials for the current request for Certificate of Expenditure, and such work and materials conform to the Plans and Specificafions; (d) the representations and warranties contained in this Redevelopment Agreement are tme and correct and the Developer is in compliance with all covenants contained herein; (e) the Developer has received no notice and has no knowledge ofany liens or claim of lien either filed or threatened against fiie Property except for the Permitted Liens; (f) no Event ofDefault or condition or event which, with the giving of notice or passage of time or both, would constitute an Event ofDefault exists or has occurred; and (g) the Project is In Balance. The Project shall be deemed to be in balance ("In Balance") only if the total of the available Project funds equals or exceeds the aggregate of the amount necessary to pay all unpaid Project costs incurred or to be incurred in the completion ofthe Project. "Available Project Funds" as used herein shall mean: (i) the undisbursed City Funds; (ii) the undisbursed Lender Financing, if any; (iii) the undisbursed Equity and (iv) any other amounts deposited by the Developer pursuant to this Agreement. The Developer hereby agrees that, if the Project is not In Balance, the Developer shall, within 10 days after a written request by the City, deposit with the escrow agent or will make available (in a manner acceptable to the City), cash in 12/17/2003 REPORTS OF COMMITTEES 15547 an amount that will place the Project In Balance, which deposit shall first be exhausted before any fiulher disbursement ofthe City Funds shall be made. The City shall have the right, in its discretion, to require the Developer to submit further documentafion as the City may require in order to verify that the matters certified to above are tme and correct, and any execution of a Certificate of Expenditure by the City shall be subject to the City's review and approval ofsuch documentation and its satisfaction that such certifications are tme and correct; provided, however, that nothing in this sentence shall be deemed to prevent the City from relying on such certifications by the'Developer. In addition, the Developer shall have satisfied all other preconditions of execution of a Certificate of Expenditure, including but not limited to requirements set forth in the TIF Ordinances, this Agreement and/or the Escrow Agreement. 4.08 Conditional Grant. The City Funds being provided hereunder are being granted on a conditional basis, subject to the Developer's compliance with the provisions ofthis Agreement. The City Funds are subject to being reimbursed as provided in Section 7.03(c) hereof SECTION 5. CONDITIONS PRECEDENT The following conditions have been complied with to the City's satisfaction on or prior to the Closing Date: 5.01 Proiect Budget. The Developer has submitted to DPD, and DPD has approved, a Proiect Budget in accordance with the provisions ofSection 3.03 hereof 5.02 Scope Drawings and Plans and Specifications. The Developer has submitted to DPD, and DPD has approved, the Scope Drawings and Plans and Specifications in accordance with the provisions ofSection 3.02 hereof 5.03 Other Govemmental Approvals. The Developer has secured all other necessary approvals and permits required by any state, federal, or local statute, ordinance or regulation and has submitted evidence thereof to DPD. 5.04 Financing. The Developer has fiimished proof reasonably acceptable to the City that the Developer has Equity and Lender Financing in the amounts set forth in Section 4.01 hereof to complete the Project and satisfy its obligations under this Agreement. If a portion of such funds consists of Lender Financing, the Developer has fumished proof as of the Closing Date that the proceeds thereof are available to be drawn upon by the Developer as needed and are sufficient (along with the Equity set forth in Section 4.01) to complete the Project. The Developer has delivered to DPD a copy of the constmction escrow agreement entered into by the Developer regarding the Lender Financing. Any liens against the Property in existence at the Closing Date have been subordinated to certain encumbrances of the City set forth herein pursuant to a Subordination Agreement, in a form acceptable to the City, executed on or prior to the Closing Date, which is to 15548 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 be recorded, at the expense of the Developer, with the Office of the Recorder of Deeds of Cook County. 5.05 Acquisition and Title. On the Closing Date, the Developer has fiimished the City with a copy ofthe Title Policy for the Property, certified by the Title Company, showing the Developer as the named insured. The Title Policy is dated as ofthe Closing Date and contains only those title exceptions listed as Permitted Liens on Exhibit G hereto and evidences the recording of this Agreement pursuant to the provisions ofSection 8.18 hereof The Title Policy also contains such endorsements as shall be required by Corporation Counsel, including but not limited to an owner's comprehensive endorsement and satisfactory endorsements regarding zoning (3.1 with parking), contiguity, location, access and survey. The Developer has provided to DPD, on or prior to the Closing Date, documentation related to the purchase of the Property and certified copies of all easements and encumbrances of record with respect to the Property not addressed, to DPD's satisfaction, by the Title Policy and any endorsements thereto. 5.06 Evidence of Clean Title. The Developer, at its own expense, has provided the City with searches under the Developer's name (and the following trade names of the Developer: ) as follows: Secretary of State Secretary of State Cook County Recorder Cook County Recorder Cook County Recorder Cook County Recorder Cook County Recorder U.S. District Court Clerk of Circuit Court, Cook County UCC search Federal tax search UCC search Fixtures search Federal tax search State tax search Memoranda of judgments search Pending suits and judgments Pending suits and judgments showing no liens against the Developer, the Property or any fixtures now or hereafter affixed thereto, except for the Permitted Liens. 5.07 Survevs. The Developer has fumished the City with three (3) copies ofthe Survey. 5.08 Insurance. The Developer, at its own expense, has insured the Property in accordance with Section 12 hereof, and has delivered certificates required pursuant to Section 12 hereof evidencing the required coverages to DPD. 5.09 Opinion ofthe Developer's Counsel. On the Closing Date, the Developer has fumished the City with an opinion of counsel, substantially in the form attached hereto as Exhibit J. with such changes as required by or acceptable to Corporation Counsel. Ifthe Developer has engaged special counsel in connection with the Project, and such special counsel is unwilling or unable to give some 12/17/2003 REPORTS OF COMMITTEES 15549 ofthe opinions set forth in Exhibit J hereto, such opinions were obtained by the Developer from its general corporate counsel. 5.10 Evidence of Prior Expenditures. The Developer has provided evidence satisfactory to DPD in its sole discretion ofthe Prior Expenditures in accordance with the provisions of Section 4.05(a) hereof 5.11 Financial Statements. The Developer has provided Financial Statements to DPD for its most recent fiscal year, and audited or unaudited interim financial statements. 5.12 Documentation. The Developer has provided documentation to DPD, satisfactory in form and substance to DPD, with respect to current employment matters. 5.13 Environmental. The Developer has provided DPD with copies of that certain phase I environmental audit completed with respect to the Property and any phase II environmental audit with respect to the Property required by the City. The Developer has provided the City with a letter from the environmental engineer(s) who completed such audit(s), authorizing the City to rely on such audits. 5.14 Corporate Documents: Economic Disclosure Statement. The Developer has provided a copy of its Articles or Certificate of Organization containing the original certificafion of the Secretary of State of Illinois; the Operating Agreement; certificates of good standing from the Secretary of State oflllinois and all other states in which the Developer is qualified to do business; a secretary's certificate regarding authorization, incumbency and other matters in such form and substance as the Corporation Counsel may require; by-laws of the corporation; and such other documentation as the City has requested. The Developer has provided to the City an Economic Disclosure Statement, in the City's current form, dated as ofthe Closing Date. 5.15 Litigation. The Developer has provided to Corporation Counsel and DPD, a description of all pending or threatened litigation or administrative proceedings involving the Developer, specifying, in each case, the amount ofeach claim, an estimate of probable liability, the amount of any reserves taken in connection therewith and whether (and to what extent) such potential liability is covered by insurance. 5.16 Public Benefit Payment. The Developer shall submit payment of amounts specified in Section 8.20 toward the [Senior Satellite Center] and the [KidStart Program] or such other program or entity to be determined by the City. SECTION 6. AGREEMENTS WITH CONTRACTORS 6.01 Bid Requirement for General Contractor and Subcontractors, (a) Except as set forth in Section 6.01(b) below, prior to entering into an agreement with a General Contractor or any subcontractor for constmction ofthe Project, the Developer shall solicit, or shall cause the General 15550 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Contractor to solicit, bids from qualified contractors eligible to do business with, [and having an office located in,] the City ofChicago, and shall submit all bids received to DPD for its inspection and written approval, (i) For the TIF-Funded Improvements, the Developer shall select the General Contractor (or shall cause the General Contractor to select the subcontractor) submitting the lowest responsible bid who can complete the Project in a timely maimer. Ifthe Developer selects a General Contractor (or the General Contractor selects any subcontractor) submitting other than the lowest responsible bid for the TIF-Funded Improvements, the difference between the lowest responsible bid and the bid selected may not be paid out of City Funds, (ii) For Project work other than the TIFFunded Improvements, if the Developer selects a General Contractor (or the General Contractor selects any subcontractor) who has not submitted the lowest responsible bid, the difference between the lowest responsible bid and the higher bid selected shall be subtracted from the actual total Project costs for purposes ofthe calculation ofthe amount of City Funds to be contributed to the Project pursuant to Secfion 4.03(b) hereof The Developer shall submit copies ofthe Constmction Contract to DPD in accordance with Section 6.02 below. Photocopies of all subcontracts entered or to be entered into in connection with the TIF-Funded Improvements shall be provided to DPD within five (5) business days ofthe execution thereof The Developer shall ensure that the General Contractor shall not (and shall cause the General Contractor to ensure that the subcontractors shall not) begin work on the Project until the Plans and Specifications have been approved by DPD and all requisite permits have been obtained. (b) If, prior to entering into an agreement with a General Contractor for constmcfion ofthe Project, the Developer does not solicit bids pursuant to Section 6.01(a) hereof, then thefee ofthe General Contractor proposed to be paid out of City Funds shall not exceed [10]% ofthe total amount ofthe Constmction Contract. Except as explicitly stated in this paragraph, all other provisions of Section 6.01 (a) shall apply, including but not limited to the requirement that the General Contractor shall solicit competitive bids from all subconfractors. 6.02 Constmction Contract. Prior to the execution thereof, the Developer shall deliver to DPD a copy ofthe proposed Constmcfion Contract with the General Contractor selected to handle the Project in accordance with Section 6.01 above, for DPD's prior written approval, which shall be granted or denied within ten (10) business days after delivery thereof Within ten (10) business days after execution of such contract by the Developer, the General Confractor and any other parties thereto, the Developer shall deliver to DPD and Corporation Counsel a certified copy of such confract together with any modifications, amendments or supplements thereto. 6.03 Performance and Payment Bonds. Prior to the commencement of any portion of the Project which includes work on the public way, the Developer shall require that the General Contractor be bonded for its payment by sureties having an AA rating or better using a bond in the form attached as Exhibit P hereto. The City shall be named as obligee or co-obligee on any such bonds. 6.04 Employment Opportunitv. The Developer shall contractually obligate and cause the General Contractor and each subcontractor to agree to the provisions ofSection 10 hereof 12/17/2003 REPORTS OF COMMITTEES 6.05 Other Provisions. In addition to the requirements ofthis Section 6. the Constmction Confract and each contract with any subconfractor shall contain provisions required pursuant to Secfion 3.04 (Change Orders), Secfion 8.09 (Prevailing Wage), Section 10.01(e) (Employment Opportunity), Section 10.02 (City Resident Employment Requirement) Section 10.03 (MBE/WBE Requirements, as applicable). Section 12 (Insurance) and Secfion 14.01 (Books and Records) hereof. Photocopies ofall contracts or subcontracts entered or to be entered into in connecfion with the TIFFunded Improvements shall be provided to DPD within five (5) business days of the execution thereof SECTION 7. COMPLETION OF CONSTRUCTION OR REHABILITATION 7.01 Certificate of Completion of Constmction or Rehabilitation. Upon completion ofthe constmction ofthe Project in accordance with the terms ofthis Agreement and related development activities, and upon the Developer's written request, DPD shall issue to the Developer a Certificate in recordable form certifying that the Developer has fulfilled its obligation to constmct the Project in accordance with the terms of this Agreement. DPD shall respond to the Developer's written request for a Certificate within forty-five (45) days by issuing either a Certificate or a written statement detailing the ways in which the Project does not conform to this Agreement or has not been satisfactorily completed, and the measures which must be taken by the Developer in order to obtain the Certificate. The Developer may resubmit a written request for a Certificate upon completion of such measures. 7.02 Effect of Issuance of Certificate: Continuing Obligations. The Certificate relates only to the complefion ofthe Project and related development activities, and upon its issuance, the City will certify that the terms ofthe Agreement specifically related to the Developer's obligation to complete such activities have been satisfied. After the issuance of a Certificate, however, all executory terms and conditions ofthis Agreement and all representations and covenants contained herein will continue to remain in full force and effect throughout the Term ofthe Agreement as to the parties described in the following paragraph, and the issuance of the Certificate shall not be constmed as a waiver by the City ofany ofits rights and remedies pursuant to such executory terms. Those covenants specifically described at Sections 8.01(m), 8.02, and [8.19(c)] [others] as covenants that run with the land are the only covenants in this Agreement intended to be binding upon any transferee of the Property (including an assignee as described in the following sentence) throughout the Term ofthe Agreement notwithstanding the issuance ofa Certificate. The other executory terms of this Agreement that remain after the issuance of a Certificate shall be binding only upon the Developer or a permitted assignee ofthe Developer who, pursuant to Section 18.15 ofthis Agreement, has contracted to take an assignment ofthe Developer's rights under this Agreement and assume the Developer's liabilities hereunder. 7.03 Failure to Complete. Ifthe Developer fails to complete the Project in accordance with the terms ofthis Agreement, then the City has, but shall not be limited to, any ofthe following rights and remedies: 15551 15552 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (a) therightto terminate this Agreement and cease all disbursement of City Funds not yet disbursed pursuant hereto; (b) theright(but not the obligation) to complete those TIF-Funded Improvements that are public improvements and to pay for the costs of TIF-Funded Improvements (including interest costs) out of City Funds or other City monies. In the event that the aggregate cost of completing the TIFFunded Improvements exceeds the amount of City Funds available pursuant to Section 4.01. the Developer shall reimburse the City for all reasonable costs and expenses incurred by the City in completing such TIF-Funded Improvements in excess ofthe available City Funds; and (c)the right to seek reimbursement ofthe City Funds from the Developer. 7.04 Notice of Expiration of Term of Agreement. Upon the expiration ofthe Term ofthe Agreement, DPD shall provide the Developer, at the Developer's written request, with a written nofice in recordable form stating that the Term ofthe Agreement has expired. SECTION 8. COVENANTS/REPRESENTATIONS/WARRANTIES OF THE DEVELOPER. 8.01 General. The Developer represents, warrants and covenants, as ofthe date ofthis Agreement and as of the date of each disbursement of City Funds hereunder, that: (a) the Developer is a Delaware limited liability corporation duly organized, validly existing, qualifled to do business in the State of Delaware and in Illinois, and licensed to do business in any other state where, due to the nature of its activifies or properties, such qualification or license is required; (b) the Developer has the right, power and authority to enter into, execute, deliver and perform this Agreement; (c) the execution, delivery and perfonnance by the Developer ofthis Agreement has been duly authorized by all necessary acfion, and does not and will not violate its Articles of Organizafion or operating agreement as amended and supplemented, any applicable provision of law, or constitute a breach of, default under or require any consent under any agreement, instmment or document to which the Developer is now a party or by which the Developer is now or may become bound; (d) unless otherwise permitted or not prohibited pursuant to or under the terms of this Agreement, the Developer shall acquire and shall maintain good, indefeasible and merchantable fee simple title to the Property (and all improvements thereon) free and clear ofall liens (except for the Permitted Liens, Lender Financing as disclosed in the Project Budget and non-govemmental charges that the Developer is contesting in good faith pursuant to Section 8.15 hereof) 12/17/2003 REPORTS OF COMMITTEES (e) the Developer is now and for the Term ofthe Agreement shall remain solvent and able to pay its debts as they mature; (f) there are no actions or proceedings by or before any court, govemmental commission, board, bureau or any other administrative agency pending, threatened or affecting the Developer which would impair its ability to perform under this Agreement; (g) the 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, complete and operate the Project; (h) the Developer is not in default with respect to any indenture, loan agreement, mortgage, deed, note or any other agreement or instrument related to the borrowing of money to which the Developer is a party or by which the Developer is bound; (i) the Financial Statements are, and when hereafter required to be submitted will be, complete, correct in all material respects and accurately present the assets, liabilities, results of operations and financial condition ofthe Developer, and there has been no material adverse change in the assets, liabilities, results of operations or financial condition ofthe Developer since the date ofthe Developer's most recent Financial Statements; (j) prior to the issuance of a Certificate, the Developer shall not do any of the following without the prior written consent of DPD:(1) be a party to any merger, liquidation or consolidation; (2) sell, transfer, convey, lease or otherwise dispose of all or substantially all of its assets or any portion of the Property (including biit not limited to any fixtures or equipment now or hereafter attached thereto) except in the ordinary course ofbusiness; (3) enter into any transaction outside the ordinary course ofthe Developer's business; (4) assume, guarantee," endorse, or otherwise becomie liable in connection with the obligations of any other person or entity; or (5) enter into any fransaction that would cause a material and defrimental change to the Developer's financial condition; (k) the Developer has not incurred, and, prior to the issuance of a Certificate, shall not, without the prior vvritten consent of the Commissioner of DPD, allow the existence of any liens against the Property (or improvements thereon) other than the Permitted Liens; or incur any indebtedness, secured or to be secured by the Property (or improvements thereon) or any fixtures now or hereafter attached thereto, except Lender Financing disclosed in the Project Budget; (1) the Developer has not made or caused to be made, directly or indirectly, any payment, gratuity or offer of employment in connection with the Agreement or any contract paid from the City freasury 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 the Developer in violafion of Chapter 2-156-120 ofthe Municipal Code ofthe City; and 15553 15554 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (m) the Developer shall not convert the Project to a condominium or co-operative form of ovmership during the Term ofthe Agreement but shall at all times operate the Project as a residential rental property in accordance with the Affordability Covenants. The covenant set forth in this Section 8.0 Km) shall mn with the land and be binding upon any transferee ofthe Property. 8.02 Covenant to Redevelop. Upon DPD's approval of the Project Budget, the Scope Drawings and Plans and Specifications as provided in Secfions 3.02 and 3.03 hereof, and'lfie Developer's receipt ofall required building permits and govemmental approvals, the Developer shall redevelop the Property in accordance with this Agreement and all Exhibits attached hereto, the TIF Ordinances, the Scope Drawings, Plans and Specifications, Project Budget and all amendments thereto, and all federal, state and local laws, ordinances, mles, regulations, executive orders and codes applicable to the Project, the Property and/or the Developer, including specifically but. The covenants set forth in this Section 8.02 shall run with the land and be binding upon any transferee, including specifically, but without limitation, the Affordability Covenants. 8.03 Redevelopment Plan. The Developer represents that the Project is and shall be in compliance with all ofthe terms ofthe Redevelopment Plan. 8.04 Use of Citv Funds. City Funds disbursed to the Developer shall be used by the Developer solely to reimburse the Developer for its payment for the TIF-Funded Improvements as provided in this Agreement. 8 05 Other Bonds. The Developer shall, at the request ofthe City, agree to any reasonable . amendments to this Agreement that are necessary or desirable in order for the City to issue (in its sole discretion) any additional bonds in connection with the Redevelopment Area, the proceeds bf which may be used to pay outstanding principal and interest on the City Note and to reimburse the City for expenditures made in connection with, or provide a source of funds for the payment for, the TIF-Funded Improvements (the "Bonds"); provided, however, that any such amendments shall not have a material adverse effect on the Developer or the Project. The Developer shall, at the Developer's expense, cooperate and provide reasonable assistance in connection with the marketing ofany such Bonds, including but not limited to providing written descriptions ofthe Project, making representations, providing information regarding its financial condition and assisting the City in preparing an offering statement with respect thereto. Developer shall not have any liability to the City with respect to any disclosures made in connection with any such issuance that are actionable under applicable securities laws unless such disclosures are based on factual information provided by Developer that is determined to be false or misleading. 8.06 Job Creation and Retention. It is anticipated that the Project will generate approximately 40 fiill-time equivalent jobs during the Constmction Period and 12 fiill-time equivalent, permanent jobs will be retained by the Developer at the Project for a ten year period upon completion thereof Developer shall use its best efforts to comply with this provision. 8.07 Employment Opportunitv: Progress Reports. The Developer covenants and agrees to abide by, and contractually obligate and use reasonable efforts to cause the General Contractor and 12/17/2003 REPORTS OF COMMITTEES 15555 each subcontractor to abide by the terms set forth in Section 10 hereof The Developer shall deliver to the City monthly written progress reports det£uling compliance with the requirements ofSections 8.09.10.02 and 10.03 ofthis Agreement. Ifany such reports indicate a shortfall in compliance, the Developer shall also deliver a plan to DPD which shall outline, to DPD's satisfaction, the manner in which the Developer shall correct any shortfall. 8.08 Employment Proflle. The Developer shall submit, and confractually obligate and cause the General Confractor or any subconfractor to submit, to DPD, from time to time, statements ofits employment proflle upon DPD's request. 8.09 Prevailing Wage. The Developer covenants and agrees to pay, and to contractually obligate and cause the General Contractor and each subcontractor to pay, the prevailing wage rate as ascertained bythe Illinois Department of Labor (the "Department") to all Project employees. All such confracts shall list the specified rates to be paid to all laborers, workers and mechanics for each craft or type of worker or mechanic employed pursuant to such confract. Ifthe Department revises such prevailing wage rates, the revised rates shall apply to ail such contracts. Upon the City's request, the Developer shall provide the City with copies of all such contracts entered into by the Developer or the General Confractor to evidence compliance with this Section 8.09. 8.10 Arms-Length Transactions. Unless DPD has given its prior written consent with respect thereto, no Affiliate of the Developer may receive any portion of City Funds, directly or indirectly, in payment for work done, services provided or materials supplied in connection with any TIF-Funded Improvement. The Developer shall provide information with respect to any entity to receive City Funds directly or indirecfiy (whether through payment to the Affiliate by the Developer and reimbursement to the Developer for such costs using City Funds, or otherwise), upon DPD's request, prior to any such disbursenient. 8.11 Conflict of Interest. Pursuant to Section 5/1 l-74.4-4(n) ofthe Act, the Developer represents, warrants and covenants that, to the best of its knowledge, no member, official, or employee ofthe City, or ofany commission or conunittee exercising authority over the Project, the Redevelopment Area or the Redevelopment Plan, or any consultant hired by the City or the Developer with respect thereto, owns or controls, has owned or controlled or will own or control any interest, and no such person shall represent any person, as agent or otherwise, who owns or controls, has owned or confroUed, or will own or control any interest, direct or indirect, in the Developer's business, the Property or any other property in the Redevelopment Area. 8.12 Disclosure of Interest. The Developer's counsel has no direct or indirect financial ownership interest in the Developer, the Property or any other aspect ofthe Project. 8.13 Financial Statements. The Developer shall obtain and provide to DPD Financial Statements for the Developer's fiscal year ended December 31, 2002 and each December 31 thereafter for the Term of the Agreement. In addition, the Developer shall submit unaudited financial statements as soon as reasonably practical following the close ofeach fiscal year and for such other periods as DPD may request. 15556 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 8.14 Insurance. The Developer, at its own expense, shall comply with all provisions of Section 12 hereof 8.15 Non-Govemmental Charges, (a) Pavment of Non-Govemmental Charges. Except for the Permitted Liens, the Developer agrees to pay or cause to be paid when due any NonGovemmental Charge assessed or imposed upon the Project, the Property or any fixtures that are or may become attached thereto, which creates, may create, or appears to create a lien upon all or any portion ofthe Property or Project; provided however, that if such Non-Govemmental Charge may be paid in installments, the Developer may pay the same together with any accmed interest thereon in installments as they become due and before any fine, penalty, interest, or cost may be added thereto for nonpayment. The Developer shall fumish to DPD, within thirty (30) days of DPD's request, official receipts from the appropriate entity, or other proof satisfactory to DPD, evidencing payment ofthe Non-Govemmental Charge in question. (b) Right to Contest. The Developer has the right, before any delinquency occurs: (i) to contest or object in good faith to the amount or validity of any NonGovemmental Charge by appropriate legal proceedings properly and diligently instituted and prosecuted, in such manner as shall stay the collection ofthe contested Non-Govemmental Charge, prevent the imposition ofa lien or remove such lien, or prevent the sale or forfeiture of the Property (so long as no such contest or objection shall be deemed or constmed to relieve, modify or extend the Developer's covenants to pay any such Non-Govemmental Charge at the time and in the manner provided in this Section 8.15): or (ii) at DPD's sole option, to fiimish a good and sufficient bond or other security satisfactory to DPD in such form and amounts as DPD shall require, or a good and sufficient undertaking as may be required or permitted by law to accomplish a stay ofany such sale or forfeiture ofthe Property or any portion thereof or any fixtures that are or may be attached thereto, during the pendency ofsuch contest, adequate to pay fully any such contested NonGovemmental Charge and all interest and penalties upon the adverse determination ofsuch contest. 8.16 Developer's Liabilities. The Developer shall not enter into any fransaction that would materially and adversely affect its ability to perform its obligations hereunder or to repay any material liabilities or perform any material obligations ofthe Developer to any other person or entity. The Developer shall immediately notify DPD ofany and all events or actions which may materially affect the Developer's ability to carry on its business operations or perform its obligations under this Agreement or any other documents and agreements. 8.17 Compliance with Laws. To the best of the Developer's knowledge, after diligent inquiry, the Property and the Project are and shall be in compliance with all applicable federal, state and local laws, statutes, ordinances, mles, regulations, executive orders and codes pertaining to or affecting the Project and the Property. Upon the City's request, the Developer shall provide evidence satisfactory to the City of such compliance. 12/17/2003 REPORTS OF COMMITTEES 15557 8.18 Recording and Filing. The Developer shall cause this Agreement, certain exhibits (as specified by Corporation Counsel), all amendments and supplements hereto to be recorded and filed against the Property on the date hereof in the conveyance and real property records ofthe county in which the Project is located. This Agreement shall be recorded prior to any mortgage made in connection with Lender Financing. The Developer shall pay all fees and charges incurred in connection with any such recording. Upon recording, the Developer shall immediately transmit to the City an executed original ofthis Agreement showing the date and recording number ofrecord. 8.19 Real Estate Provisions. (a) Govemmental Charges. (i) Paymentof Govemmental Charges. The Developer agrees to pay or cause to be paid when due all Govemmental Charges (as defined below) which are assessed or imposed upon the Developer, the Property or the Project, or become due and payable, and which create, may create, or appear to create a lien upon the Developer or all or any portion ofthe Property or the Project. "Govemmental Charge" shall mean all federal, State, county, the City, or other govemmental (or any instrumentality, division, agency, body, or department thereof) taxes, levies, assessments, charges, liens, claims or encumbrances relating to the Developer, the Property or the Project including but not limited to real estate taxes. (ii) Right to Contest. The Developer has the right before any delinquency occurs to contest or object in good faith to the amount or validity of any Govemmental Charge by appropriate legal proceedings properly and diligently instituted and prosecuted in such manner as shall stay the collection ofthe contested Govemmental Charge and prevent the imposition of a lien or the sale or forfeiture of the Property. The Developer's right to challenge real estate taxes applicable to the Property is limited as provided for in Section 8.19(c) below:provided, that such real estate taxes must be paid in fiill when due and may be disputed only after such payment is made. No such contest or objection shall be deemed or constmed in any way as relieving, modifying or extending the Developer's covenants to pay any such Govemmental Charge at the time and in the manner provided in this Agreement unless the Developer has given prior written notice to DPD of the Developer's intent to contest or object to a Govemmental Charge and, unless, at DPD's sole option, (iii) the Developer shall demonstrate to DPD's satisfaction that legal proceedings instituted by the Developer contesting or objecting to a Govemmental Charge shall conclusively operate to prevent or remove a lien against, or the sale or forfeiture of all or any part ofthe Property to satisfy such Govemmental Charge prior to final determination ofsuch proceedings; and/or (iv) the Developer shall fiimish a good and sufficient bond or other security satisfactory to DPD in such form and amounts as DPD shall require, or a good and sufficient undertaking as may be required or permitted by law to accomplish a stay ofany such sale or forfeiture ofthe Property during the pendency ofsuch contest, adequate to pay fiilly any such 15558 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 contested Govemmental Charge and all interest and penalties upon the adverse determination of such contest. (b) Developer's Failure To Pay Or Discharge Lien. If the Developer fails to pay any Governmental Charge or to obtain discharge ofthe same, the Developer shall advise DPD thereof in writing, at which time DPD may, but shall not be obligated to, and without waiving or releasing any obligation or liability ofthe Developer under this Agreement, in DPD's sole discretion, make such payment, or any part thereof, or obtain such discharge and take any other action with respect thereto which DPD deems advisable. All sums so paid by DPD, ifany, and any expenses, ifany, including reasonable attorneys' fees, court costs, expenses and other charges relating thereto, shall be promptly disbursed to DPD by the Developer. Notwithstanding anything contained herein to the confrary, this paragraph shall not be constmed to obligate the City to pay any such Govemmental Charge. Additionally, ifthe Developer fails to pay any Govemmental Charge, the City, in its sole discretion, may require the Developer to submit to the City audited Financial Statements at the Developer's own expense. c (c) Real Estate Taxes. (i) Acknowledgment of Real Estate Taxes. The Developer agrees that (A) for the purpose of this Agreement, the total projected minimum assessed value of the Property ("Minimum Assessed Value") is shown on Exhibit K attached hereto and incorporated herein by reference for the years noted on Exhibit K:(B) Exhibit K sets forth the specific improvements which will generate the fair market values, assessments, equalized assessed values and taxes shown thereon; and (C) the real estate taxes anticipated to be generated and derived from the respective portions of the Property and the Project for the years shown are fairly and accurately indicated in Exhibit K. (ii) Real Estate Tax Exemption. With respect to the Property or the Project, neither the Developer nor any agent, representafive, lessee, tenant, assignee, transferee or successor in interest to the Developer shall, during the Term of this Agreement, seek, or authorize any exemption (as such term is used and defined in the Illinois Constitufion, Article IX, Section 6 (1970)) for any year that the Redevelopment Plan is in effect. (iii) No Reduction in Real Estate Taxes. Neither the Developer nor any agent, representative, lessee, tenant, assignee, fransferee or successor in interest to the Developer shall, during the Term of this Agreement, directly or indirectly, initiate, seek or apply for proceedings in order to lower the assessed value ofall or any portion ofthe Property or the Project below the amount ofthe Minimum Assessed Value as shown in Exhibit K for the applicable year. (iv) No Obiections. Neither the Developer nor any agent, representative, lessee, tenant, assignee, transferee or successor in interest to the Developer, shall object to or in any 12/17/2003 REPORTS OF COMMITTEES way seek to interfere with, on procedural or any other grounds, the filing of any Under assessment Complaint or subsequent proceedings related thereto with the Cook County Assessor or with the Cook County Board of Appeals, by either the City or any taxpayer. The term "Under assessment Complaint" as used in this Agreement shall mean any complaint seeking to increase the assessed value of the Property up to (but not above) the Minimum Assessed Value as shown in Exhibit K. (v) Covenants Running with the Land. The parties agree that the restrictions contained in this Section 8.19(c) are covenants mnning with the land and this Agreement shall be recorded by the Developer as a memorandum thereof, at the Developer's expense, with the Cook County Recorder of Deeds on the Closing Date. These resfrictions shall be binding upon the Developer and its agents, representatives, lessees, successors, assigns and transferees from and after the date hereof, provided however, that the covenants shall be released when the Redevelopment Area is no longer in effect. The Developer agrees that any sale, lease, conveyance, or transfer of title to all or any portion of the Property or Redevelopment Area from and after the date hereof shall be made explicitly subject to such covenants and restrictions. Notwithstanding anything contained in this Section 8.19(c)to the contrary, the City, in its sole discretion and by its sole action, without the joinder or concurrence of the Developer, its successors or assigns, may waive and terminate the Developer's covenants and agreements set forth in this Section 8.19(c). 8.20 Public Benefits Program. Developer will pay $25,000 by check made payable to the City OfChicago Department of Aging in care of Senior Satellite Center and an additional $25,000 by eheck made payable to After School Matters, Inc. in care of Mayor Daley's KidStart Initiative at the closing of the Redevelopment Agreement. 8.21 Survival of Covenants. All vfrarranfies, representations, covenants and agreements of the Developer contained in this Section 8 and elsewhere in this Agreement shall be tme, accurate and complete at the time ofthe Developer's execution ofthis Agreement, and shall survive the execufion, delivery and acceptance hereof by the parties hereto and (except as provided in Section 7 hereof upon the issuance of a Certificate) shall be in effect throughout the Term ofthe Agreement. SECTION 9. COVENANTS/REPRESENTATIONS/WARRANTIES OF CITY 9.01 General Covenants. The City represents that it has the authority as a home mle unit of local govemment to execute and deliver this Agreement and to perform its obligations hereunder. 9.02 Survival of Covenants. All warranties, representations, and covenants of the City contained in this Section 9 or elsewhere in this Agreement shall be tme, accurate, and complete at the time of the City's execution of this Agreement, and shall survive the execution, delivery and acceptance hereof by the parties hereto and be in effect throughout the Term ofthe Agreement. 15559 15560 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 / SECTION 10. DEVELOPER'S EMPLOYMENT OBLIGATIONS 10.01 Employment Opportunity. TheDeveloper, on behalf of itself audits successors and assigns, hereby agrees, and shall contractually obligate its or their various contractors, subcontractors or any Affiliate of the Developer operating on the Property (collectively, with the Developer, the "Employers" and individually an "Employer") to agree, that for the Term ofthis Agreement with respect to Developer and during the jieriod ofany other party's provision of services in connection with the constmction ofthe Project or occupation ofthe Property: (a) No Employer shall discriminate against any employee or applicant for employment based upon race, religion, color, sex, national origin or ancestiy, 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, 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 ofcompensation; 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 Citj' setting forth the provisions ofthis nondiscrimination clause. In addition, the Employers, in all solicitations or advertisements for employees, shai) 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) To the greatest extent feasible, each Employer is required to present opportunities for fraining and employment of low- and moderate-income residents ofthe City and preferably ofthe Redevelopment Area; and to provide that confracts for work in connection with the constmction of the Project be awarded to business concems that are located in, or owned in substantial part by persons residing in, the City and preferably in the Redevelopment Area. (c) 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 City's 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. (d) Each Employer, in order to demonstrate compliance with the terms ofthis 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. 12/17/2003 REPORTS OF COMMITTEES (e) Each Employer shall include the foregoing provisions of subparagraphs (a) through (d) in every contract entered into in connection with the 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. (f) Failure to comply with the employment obligations described in this Section 10.01 shall be a basis for the City to pursue remedies under the provisions ofSection 15.02 hereof 10.02 Citv Resident Constmction Worker Employment Requirement. TheDeveloperagrees for itselfand its successors and assigns, and shall contractually obligate its General Contractor and shall cause the General Confractor to contractually obligate its subcontractors, 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 as specified in Section 2-92-330 of the Municipal Code ofChicago (at least 50 percent ofthe total worker hours worked by persons on the site ofthe Project shall be performed by actual residents ofthe City); provided, however, that in addition to complying with this percentage, the Developer, its General Confractor and each subcontractor shall be required to make good faith efforts to utilize qualified residents ofthe City in both unskilled and skilled labor positions. The Developer may request a reduction or waiver of tiiis minimum percentage level of Chicagoans as provided for in Section 2-92-330 ofthe Municipal Code ofChicago in accordance with standards and procedures developed by the Chief Procurement Officer of the City. "Actual residents of the City" shall mean persons domiciled within the City. The domicile is an individual's one and only tme, fixed and permanent home and principal establishment. The Developer, the General Contractor and each subcontractor shall provide for the maintenance of adequate employee residency records to show that actujil Chicago residents are employed on the Project. Each Employer 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 DPD 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 Employer hired the employee should be written in after the employee's name. The Developer, the General Contractor and each subcontractor shall provide fiill access to their employment records to the Chief Procurement Officer, the Commissioner of DPD, the Superintendent of the Chicago Police Department, the Inspector General or any duly authorized representative ofany of them. The Developer, the General Contractor and each subcontractor shall maintain all relevant personnel data and records for a period of at least three (3) years after final acceptance ofthe work constituting the Project. 15561 15562 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 At the direction of DPD, affidavits and other supporting documentation will be required of the Developer, the General Contractor and each subcontractor to verify or clarify an employee's actual address when doubt or lack ofclarity has arisen. Good faith efforts on the part of the Developer, the General Contractor and each subcontractor 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 Chief Procurement Officer) shall not suffice to replace the actual, verified achievement of the requirements ofthis 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 the Developer has failed to ensure the fulfillment of the 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 noncompliance, it is agreed that 1/20 of 1 percent (0.0005) ofthe aggregate hard constmction costs set forth in the Project budget (the product of .0005 x such aggregate hard constmction costs) (as the same shall be evidenced by approved confract value for the actual confracts) shall be surrendered by the Developer 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 willful falsification of statements and the certification of payroll data may subject the Developer, the General Contractor and/or the subcontractors 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 ofthis Agreement or related documents. The Developer shall cause or require the provisions ofthis Section 10.02 to be included in all constmction contracts and subcontracts related to the Project. 10.03 The 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 Confractor to agree that, during the Project: a. 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 seq.. Municipal Code ofChicago, and in reliance upon the provisions ofthe MBE/WBE Program to the extent contained in, and as qualified by, the provisions of this Section 10.03. during the course of the Project, at least the following percentages ofthe MBE/WBE Budget (as these budgeted amounts may be reduced to reflect decreased actual costs) shall be expended for contract participation by MBEs or WBEs: 12/17/2003 REPORTS OF COMMITTEES 15563 i. At least 25 percent by MBEs. ii. At least 5 percent by WBEs. b. For purposes ofthis Section 10.03 only, 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 confract let by the Developer in connection with the Project) shall be deemed a "confract" as such terms are defined in Section 2-92-420, Municipal Code ofChicago. c. Consistent with Section 2-92-440, 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 ofany actual work performed on the Project by the Developer), or by ajoint 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 acmal work performed on the Project by the MBE or WBE), by the Developer utilizing a MBE or a WBE as a General Confractor (but only to the extent ofany actual work performed on the Project by the General Contractor), by subcontracting or causing the General Confractor to subcontract a portion of the Project to one or more MBEs or WBEs, or by the purchase ofmaterials used in the Project from one or more MBEs or WBEs, or by any combinafion ofthe foregoing. Those entifies 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 10.03. d. The Developer shall deliver monthly reports to DPD during the Project describing its efforts to achieve compliance with this MBE/WBE commitment. Such reports shall include inter alia the narne and business address of each MBE and WBE solicited by the Developer or the General Contractor to work on the Project, and the respbhses received from such solicitation, the name and business address ofeach 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 DPD in determining the Developer's compliance with this MBE/WBE commitment. DPD has access to the Developer's books and records, including, without limitation, payroll records, books of account and tax retums, and records and books of account in accordance with Section 14 ofthis Agreement, on five (5) business days' notice, to allow the City to review the Develop)er's compliance with its commitment to MBE/WBE participation and the status of any MBE or WBE performing any portion of the Project. e. Upon the disqualification ofany MBE or WBE General Contractor or subconfractor, 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 subconfractor 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 Section 2-92-540, Municipal Code ofChicago. 15564 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 f Prior to the commencement ofthe Project, the Developer, the General Contractor and all major subcontractors shall be required to meet with tiie monitoring staff of DPD with regard to the Developer's compliance with its obligations under this Section 10.03. During this meefing, the Developer shall demonstrate to DPD its plan to achieve its obligations under this Section 10.03. the sufficiency ofwhich shall be approved by DPD. During the Project, the Developer shall submit the documentation required by this Section 10.03 to the monitoring staff of DPD, including the following: (i)subcontractor' s activity report; (ii)contractor' s certification conceming labor standards and prevailing wage requirements; (iii) contractor letter of understanding; (iv) monthly utilization report; (v) authorization for payroll agent; (vi) certified payroll; (vii) evidence that MBE/WBE confractor associations have been informed ofthe 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 DPD, upon analysis ofthe documentation, that the Developer is not complying with its obligations hereunder shall, upon the delivery of written notice to the Developer, be deemed an Event ofDefault hereunder. Upon the occurrence ofany such Event ofDefault, in addition to any other remedies provided in this Agreement, the City may: (1) issue a written demand to the Developer to halt tbe Project, (2) withhold any fiirther payment ofany 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 11. ENVIRONMENTAL MATTERS The Developer hereby represents and warrants to the City that the Developer has conducted environmental studies sufficient to conclude that the Project may be constmcted, completed and operated in accordance with all Environmental Laws and this Agreement and all Exhibits attached hereto, the Scope Drawings, Plans and Specifications and all amendments thereto, the Bond. Ordinance and the Redevelopment Plan. Without limiting any other provisions hereof, the Developer agrees to indemnily, defend and hold the City harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses or claims of any kind whatsoever including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under any Environmental Laws incurred, suffered by or asserted against the City as a direct or indirect result ofany ofthe following, regardless of whether or not caused by, or within the confrol ofthe Developer: (i) the presence ofany Hazardous Material on or under, or the escape, seepage, leakage, spillage, emission, discharge or release ofany Hazardous Material from (A) all or any portion ofthe Property or (B) any other real property in which the Developer, or any person directly or indirectly controlling, controlled by or under common control with the Developer, holds any estate or interest whatsoever (including, without limitation, any property owned by a land tmst in which the beneficial interest is owned, in whole or in part, by the Developer), or (ii) any liens against the Property permitted or imposed by any Environmental Laws, or any actual or asserted liability or obligation ofthe City or the Developer or any ofits Affiliates under any Environmental Laws relating to the Property. 12/17/2003 REPORTS OF COMMITTEES SECTION 12. INSURANCE The Developer shall provide and maintain, or cause to be provided, at the Developer's own expense, during the Term of the Agreement (or as otherwise specified below), the insurance coverages and requirements specified below, insuring all operations related to the Agreement. (a) Agreement Prior to Execution and Delivery ofthis Agreement and Throughout the Term ofthe (i) Workers Compensation and Employers Liabilitv Insurance Workers Compensation and Employers Liability Insurance, as prescribed by applicable law covering all employees who are to provide a service under this Agreement and Employers Liability coverage with limits of not less than $100.000 each accident or illness. (ii) Commercial General Liabilitv Insurance (Primary and Umbrella) Commercial General Liability Insurance or equivalent with limits ofnot less than $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 ofChicago is to be named as an additional insured on a pririiary, non-contributory basis for any liability arising directly or indirectly from the work. (b) Constmction (i) Workers Compensation and Employers Liabilitv Insurance Workers Compensation and Employers Liability Insurance, as prescribed by applicable law covering all employees who are to provide a service under this Agreement and Employers Liability coverage with limits of not less than $500.000 each accident or illness. (ii) Commercial General Liabilitv Insurance (Primary and Umbrella) Commercial General Liability Insurance or equivalent with limits ofnot less than $2.000.000 per occurrence for bodily injury, personal injury, and property damage liability. Coverages shall include the following: All premises and operations, products/completed operations (for a minimum of two (2) years following project completion), explosion, collapse, underground, independent contractors, separation of insureds, defense, and 15565 15566 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 contractual liability (with no limitation endorsement). The City ofChicago is to be named as an additional insured on a primary, non-contributory basis for any liability arising directly or indirectiy from the work. (iii) 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 Contractor shall provide Automobile Liability Insurance with limits ofnot less than $2.000.000 per occurrence for bodily injury and property damage. The City ofChicago is to be named as an additional insured on a primary, non-contributory bases. (iv) Railroad Protective Liabilitv Insurance When any work is to be done adjacent to or on railroad or transit property. Contractor shall provide, or cause to be provided with respect to the operations that the Contractor performs. Railroad Protective Liability Insurance in the name of railroad or transit entity. The policy has limits of not less than $2.000.000 per occurrence and $6.000.000 in the aggregate for losses arising out of injuries to or death ofall persons, and for damage to or destmction of property, including the loss of use thereof (v) Builders Risk Insurance When the Contractor undertakes any constmction, including improvements, betterments, and/or repairs, the Contractor shall provide, or cause to be provided All Risk Builders Risk Insurance at replacement cost for materials, supplies, equipment, machinery and fixtures that are or will be part ofthe permanent facility. Coverages shall include but are not limited to the following: collapse, boiler and machinery if applicable. The City ofChicago shall be named as an additional insured and loss payee. (vi) Professional Liability When any architects, engineers, constmction managers or other professional consultants perform work in connection with this Agreement, Professional Liability Insurance covering acts, errors, or omissions shall be maintained with limits of not less than $ 1.000.000. Coverage shall include contractual liability. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede, start of work on the Agreement. A claimsmade policy which is not renewed or replaced must have an extended reporting period of two (2) years. 12/17/2003 REPORTS OF COMMITTEES (vii) Valuable Papers Insurance When any plans, designs, drawings, specifications and documents are produced or used under this Agreement, Valuable Papers Insurance shall be maintained in an amount to insure against any loss whatsoever, and has limits sufficient to pay for the re-creations and reconstmction of such records. (viii) Contractor's Pollution Liabilitv When any remediation work is performed which may cause a pollution exposure, contractor's Pollution Liability shall be provided with limits ofnot less than $1.000.000 insuring bodily injury, property damage and environmental remediation, cleanup costs and disposal. When policies are renewed, the policy refroactive date must coincide with or precede, start of work on the Agreement. A claims-made policy which is not renewed or replaced must have an extended reporting period of one (1) year. The City of Chicago is to be named as an additional insured on a primary, noncontributory basis. (c) (d) Term ofthe Agreement (i) Prior to the execution and delivery ofthis Agreement and during constmction of the Project, All Risk Property Insurance in the amount of the full replacement value of the Property. The City of Chicago is to be named an additional insured on aprimary, non-contributory basis. (ii) Post-constmction, throughout the Term ofthe Agreement, All Risk Property Insurance, including improvements and betterments in the amount of fiill replacement value of the Property. Coverage extensions shall include business intermption/loss of rents, flood and boiler and machinery, if applicable. The City of Chicago is to be named an additional insured on a primary, non-contributory basis. Other Requirements The Developer will fiimish the City ofChicago, Department ofPIanning and Development, City Hall, Room 1000,121 North LaSalle Sfreet 60602, original Certificates of Insurance evidencing the required coverage to be in force on the date of this Agreement, and Renewal Certificates of Insurance, or such similar evidence, ifthe coverages have an expiration or renewal date occurring during the term ofthis Agreement. The receipt ofany certificate does not constitute agreement by the City that the insurance requirements in the Agreement have been fiilly met or that the insurance policies indicated on the certificate are in compliance with all Agreement requirements. The failure ofthe City to obtain certificates or other insurance evidence from the Developer shall not be deemed to be a waiver by the City. The Developer shall advise all insurers ofthe Agreement provisions 15567 15568 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 regarding insurance. Non-conforming insurance shall not relieve the Developer ofthe obligation to provide insurance as specified herein. Nonfulfillment ofthe insurance conditions may constitute a violation ofthe Agreement, and the City retains the right to terminate this Agreement until proper evidence of insurance is provided. The insurance shall provide for 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 bome by the Developer. The Developer agrees that insurers shall waive rights of subrogation against the City of Chicago, its employees, elected officials, agents, or representatives. The Developer expressly understands and agrees that any coverages and limits fumished by the Developer shall in no way limit the Developer's liabilities and responsibilities specified within the Agreement documents or by law. The Developer expressly understands and agrees that the Developer's insurance is primary and any insurance or self insurance programs maintained by the City ofChicago shall not contribute with insurance provided by the Developer under the Agreement. 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 Developer shall require the General Contractor, and all subconfractors to provide the insurance required herein or Developer may provide the coverages for the General Confractor, or subcontractors. All General Confractors and subconfractors shall be subject to the same requirements (Section (d)) of Developer unless otherwise specified herein. Ifthe Developer, General Contractor or any subcontractor desires additional coverages, the Developer, General Contractor and any subconfractor 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, so long as any such change does not increase these requirements. SECTION 13. INDEMNIFICATION 13.01 General Indemnity. Developer agrees to indemnify, pay, defend and hold the City, and its elected and appointed officials, employees, agents and affiliates (individually an "Indemnitee," and collectively the "Indemnitees") harmless from and against, any and all liabilities, 12/17/2003 REPORTS OF COMMITTEES 15569 obligations, losses, damages, penalties, acfions, judgments, suits, claims, costs, expenses and disbursements of any kind or nature whatsoever (and including without limitation, the reasonable fees and disbursements of counsel for such Indemnitees in connection with any investigative, administrative or judicial proceeding commenced or threatened, whether or not such Indemnities shall be designated a party thereto), that may be imposed on, suffered, incurred by or asserted against the Indemnitees in any manner relating or arising out of: (i) the Developer's failure to comply with any ofthe terms, covenants and conditions contained within this Agreement; or (ii) the Developer's or any contractor's failure to pay General Contractors, subcontractors or materialmen in connection with the TIF-Funded Improvements or any other Project improvement; or (iii) the existence ofany material misrepresentation or omission in this Agreement, any offering memorandum or information statement or the Redevelopment Plan or any other document related to this Agreement that is the result of information supplied or omitted by the Developer or any Affiliate Developer or any agents, employees, contractors or persons acting under the control or at the request ofthe Developer or any Affiliate of Developer; or (iv) the Developer's failure to cure any misrepresentation in this Agreement or any other agreement relating hereto; provided, however, that Developer shall have no obligation to an Indemnitee arising from the wanton or willfiil misconduct of that Indemnitee: To the extent that the preceding sentence may be unenforceable because it is violative of any law or public policy. Developer shall contribute the maximum portion that it is permitted to pay and satisfy under the applicable law, to the payment and satisfaction ofall indemnified liabilities incurred by the Indemnitees or any of them. The provisions ofthe undertakings and indemnification set out in this Section 13.01 shall survive the termination of this Agreement. SECTION 14. MAINTAINING RECORDS/RIGHT TO INSPECT 14.01 Books and Records. The Developer shall keep and maintain separate, complete, accurate and detailed books and records necessary to reflect and fiilly disclose the total actual cost ofthe Project and the disposition ofall funds from whatever source allocated thereto, and to monitor the Project. All such books, records and other documents, including but not limited to the Developer's loan statements, ifany. General Confractors' and contractors' swom statements, general contracts, subcontracts, purchase orders, waivers of lien, paid receipts and invoices, shall be available at the Developer's offices for inspection, copying, audit and examination by an authorized representative ofthe City, at the Developer's expense. The Developer shall incorporate this right to inspect, copy, audit and examine all books and records into all contracts entered into by the Developer with respect to the Project. 15570 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 14.02 Inspection Rights. Upon three (3) business days' notice, any authorized representative ofthe City has access to all portions ofthe Project and the Property during normal business hours for the Term ofthe Agreement. SECTION 15. DEFAULT AND REMEDIES 15.01 Events ofDefault. The occurrence ofany one or more ofthe following events, subject to the provisions ofSection 15.03. shall constitute an "Event ofDefault" by the Developer hereunder: (a) the failure ofthe Developer to perform, keep or observe any ofthe covenants, conditions, promises, agreements or obligations of the Developer under this Agreement or any related ( agreement; (b) the failure ofthe Developer to perform, keep or observe any ofthe covenants, conditions, promises, agreements or obligations ofthe Developer under any other agreement with any person or entity if such failure may have a material adverse effect on the Developer's business, property, assets, operations or condition, financial or otherwise; (c) the making or fiimishing by the Developer to the City ofany representation, warranty, certificate, schedule, report or other communication within or in connection with this Agreement oi any related agreement which is untme or misleading in any material respect; (d) except as otherwise permitted hereunder, the creation (whetiier voluntary or involuntary) of, or any attempt to create, any lien or other encumbrance upon the Property, including anyfixtures now or hereafter attached thereto, other than the Permitted Liens, or the making or any attempt to make any levy, seizure or attachment thereof; (e) the conunencement ofany proceedings in bankmptcy by or against the Developer or for the liquidation or reorganization of the Developer, or alleging that the Developer is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of the Developer's debts, whether under the United States Bankmptcy Code or under any other state or federal law, now or hereafter existing for the relief of debtors, or the commencement ofany analogous statutory or non-statutory proceedings involving the Developer; provided, however, that if such commencement of proceedings is involuntary, such acfion shall not constitute an Event of Default unless such proceedings are not dismissed within sixty (60) days after the commencement ofsuch proceedings; (f) the appointment ofa receiver or tmstee for the Developer, for any substantial part ofthe Developer's assets or the institution of any proceedings for the dissolution, or the full or partial liquidation, or the merger or consolidation, of the Developer; 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 sixty (60) days after the commencement thereof; 12/17/2003 REPORTS OF COMMITTEES (g) the entry of any judgment or order against the Developer which remains unsatisfied or undischarged and in effect for sixty (60) days after such entry without a stay of enforcement or execution; (h) the occurrence of an event of default under the Lender Financing, which default is not cured within any applicable cure period; (i) the dissolution ofthe Developer or the death ofany natural person who owns a material interest in the Developer; 0) the institution in any court ofa criminal proceeding (other than a misdemeanor) against the Developer or any natural person who owns a material interest in the Developer, which is not dismissed within thirty (30) days, or the indictment ofthe Developer or any natural person who owns a material interest in the Developer, for any crime (other than a misdemeanor);or (k) prior to the expiration of the Term of the Agreement, the sale or fransfer of all or a majority ofthe ownership interests ofthe Developer without the prior written consent ofthe City; or (1) the sale or attempted sale or transfer ofthe City Note without the express written approval of DPD. For purposes ofSections 15.01(i) and 15.01(i) hereof, a person with a material interest in the Developer shall be one owning in excess of ten (10%) of the Developer's membership interests. 15.02 Remedies. (a) Upon the occurrence of an Event of Default, the City may terminate this Agreement and all related agreements, and may suspend disbursement of City Funds. The City may, in any court of competent jurisdiction by any action or proceeding at law or in equity, pursue and secure any available remedy, including but not limited to repayments to the City of City Funds provided to the Developer under this Agreement, injunctive relief or the specific performance of the agreements contained herein. (b) Notwithstanding anything to the contrary in the provisions set forth in Section 15.02(a) or Section 15.03 (i) in the event of the Developer's first default of the Affordability Covenants, the City shall suspend payments on the Note until the Developer cures such default; (ii) in the event ofthe Developer's second default ofthe Affordability Covenants, the City shall suspend payments on the Note and interest will cease to accme until the Developer cures the default; (iii) and in the event ofthe Developer's third default ofthe Affordability Covenants, the City, at its election may terminate the Redevelopment Agreement, in which event the Note shall be deemed canceled and the City shall have no fiirther obligation to make payments under the Note. Except with respect to Developer's third default ofthe Affordability Covenants, (which shall have no curative period) a default ofthe Affordability Covenant shall be deemed a defauh ofa monetary covenant which 15571 15572 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Developer shall be required to cure within ten (10) days ofthe receipt of written notice from the City specifying that it has failed to perform such monetary covenant as set forth in Section 15.03. 15.03 Curative Period. In the event the Developer shall fail to perform a monetary covenant which the Developer is required to perform under this Agreement, notwithstanding any other provision of this Agreement to the contrary, an Event of Default shall not be deemed to have occurred unless the Developer has failed to perform such monetary covenant within ten (10) days ofits receipt ofa written notice from the City specifying that it has failed to perform such monetary covenant. In the event the Developer shall fail to perform a non-monetary covenant which the Developer is required to perform under this Agreement, notwithstanding any other provision ofthis Agreement to the contrary, an Event of Default shall not be deemed to have occurred unless the Developer has failed to cure such default within thirty (30) days ofits receipt ofa written notice from the City specifying the nature ofthe default; provided, however, with respect to those non-monetary defaults which are not capable of being cured within such thirty (30) day period, the Developer shall not be deemed to have committed an Event ofDefault under this Agreement if it has commenced to cure the alleged default within such thirty (30) day period and thereafter diligentiy and continuously prosecutes the cure ofsuch default until the same has been cured. SECTION 16. MORTGAGING OF THE PROJECT All mortgages or deeds of tmst in place as ofthe date hereof with respect to the Property or any portion thereof are listed on Exhibit G hereto (including but not limited to mortgages made prior to or on the date hereof in connection with Lender Financing) and are referred to herein as the "Existing Mortgages." Any mortgage or deed of tmst that the Developer may hereafter elect to execute and record or permit to be recorded against the Property or any portion thereof is referred to herein as a "New Mortgage." Any New Mortgage that the Developer may hereafter elect to execute and record or permit to be recorded against the Property or ciny portion thereof with the prior written consent of the City is referred to herein as a "Permitted Mortgage." It is hereby agreed by and between the City and the Developer as follows: (a) In the event that a mortgagee or any other party shall succeed to the Developer's interest in the Property or any portion thereof pursuant to the exercise of remedies under a New Mortgage (other than a Permitted Mortgage), whether by foreclosure or deed in lieu of foreclosure, and in conjunction therewith ^accepts an assignment of the Developer's interest hereunder in accordance with Section 18.15 hereof, the City may, but shall not be obligated to, attom to and recognize such party as the successor in interest to the Developer for all purposes under this Agreement and, unless so recognized by the City as the successor in interest, such party shall be entitled to no rights or benefits under this Agreement, but such party shall be bound by those provisions of this Agreement that are covenants expressly mnning with the land. (b) In the event that any mortgagee shall succeed to the Developer's interest in the Property or any portion thereof pursuant to the exercise of remedies under an Existing Mortgage or a Permitted Mortgage, whether by foreclosure or deed in lieu of foreclosure, and in conjunction 12/17/2003 REPORTS OF COMMITTEES 15573 therewith accepts an assignment ofthe Developer's interest hereunder in accordance with Section 18.15 hereof, the City hereby agrees to attom to and recognize such party as the successor in interest to the Developer for all purposes under this Agreement so long as such party accepts all of the obligations and liabilities of "the Developer" hereunder; such mortgagee shall not be entitled to payments under the City Note without the express written consent ofthe City; provided, however, that, notwithstanding any other provision ofthis Agreement to the contrary, it is understood and agreed that if such party accepts an assignment ofthe Developer's interest under this Agreement, such party has no liability under this Agreement for any Event of Default ofthe Developer which accmed prior to the time such party succeeded to the interest ofthe Developer under this Agreement, in which case the Developer shall be solely responsible. However, if such mortgagee under a Permitted Mortgage or an Existing Mortgage does not expressly accept an assignment of the Developer's interest hereunder, such party shall be entitled to no rights and benefits under this Agreement, and such party shall be bound only by those provisions ofthis Agreement, ifany, which are covenants expressly running with the land. No party shall not be entitled to payment under the City Note without the express written consent ofthe City. (c) Prior to the issuance by the City to the Developer ofa Certificate pursuant to Section 7 hereof, no New Mortgage shall be executed with respect to the Property or any portion thereof without the prior vmtten consent ofthe Commissioner of DPD. SECTION 17. NOTICE Unless otherwise specified, any notice, demand or request required hereunder shall be given in writing at the addresses set forth below, by any ofthe following means: (a) personal service; (b) telecopy or facsimile; (c) ovemight courier, or (d) registered or certified mail, retum receipt requested. Ifto the City: City of Chicago: Department of Planning and Development 121 North LaSalle Street, Room 1000 Chicago, IL 60602 Attention: Commissioner With Copies To: City of Chicago Department of Law Finance and Economic Development Division 121 North LaSalle Street, Room 600 Chicago, IL 60602 If to the Developer: SL Midway, LLC 111 East Wacker Drive, Suite 2400 Chicago, Illinois 60601 15574 JOURNAL-CITY COUNCIL-CHICAGO With Copies To: 12/17/2003 David L. Reifman Richard F. Klawiter Piper Rudnick LLP 203 N. LaSalle Street Suite 1800 Chicago, Illinois 60601 Such addresses may be changed by notice to the other parties given in the same manner 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. Any notice, demand or request sent pursuant to clause (c) shall be deemed received on the day immediately following deposit with the ovemight courier and any notices, demands or requests sent pursuant to subsection (d) shall be deemed received two (2) business days following deposit in the mail. SECTION 18. MISCELLANEOUS 18.01 Amendment. This Agreement and the Exhibits attached hereto may not be amended or modified without the prior written consent ofthe parties hereto; provided, however, that the City, in its sole discretion, may amend, modify or supplement Exhibh D hereto without the consent ofany party hereto. It is agreed that no material amendment or change to this Agreement shall be made or be effective unless ratified or authorized by an ordinance duly adopted by the City Council. The -term "material" for the purpose ofthis Section 18.01 shall be defined as any deviation from the terms of the Agreement which operates to cancel or otherwise reduce any developmental, constmction or job-creating obligations of Developer (including those set forth in Sections 10.02 and 10.03 hereof) by more than five percent (5%) or materially changes the Project site or character ofthe Project or any activities undertaken by Developer affecting the Project site, the Project, or both, or increases any time agreed for performance by the Developer by more than ninety (90) days. 18.02 Entire Agreement. This Agreement (including each Exhibh attached hereto, which is hereby incorporated herein by reference) constitutes the entire Agreement between the parties hereto and it supersedes all prior agreements, negotiations and discussions between the parties relative to the subject matter hereof 18.03 Limitation of Liabilitv. No member, official or employee of the City shall be personally liable to the Developer or any successor in interest in the event ofany default or breach by the City or for any amount which may become due to the Developer from the City or any successor in interest or on any obligation under the terms ofthis Agreement. 18.04 Further Assurances. The Developer agrees to take such actions, including the execufion and delivery ofsuch documents, instmments, petitions and certifications as may become necessary or appropriate to carry out the terms, provisions and intent ofthis Agreement. 12/17/2003 REPORTS OF COMMITTEES 15575 18.05 Waiver. Waiver by the City or the Developer with respect to any breach of this Agreement shall not be considered or freated as a waiver ofthe rights ofthe respective party with respect to any other default or with respect to any particular default, except to the extent specifically waived by the City or the Developer in writing. No delay or omission on the part of a party in exercising any right shall operate as a waiver ofsuch right or any other right unless pursuant to the specific terms hereof A waiver by a party ofa provision ofthis Agreement shall not prejudice or constitute a waiver ofsuch party's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by a party, nor any course of dealing between the parties hereto, shall constitute a waiver ofany such parties' rights or ofany obligations ofany other party hereto as to any future fransactions. 18.06 Remedies Cumulative. The remedies of a party hereunder are cumulative and the exercise ofany one or more ofthe remedies provided for herein shall not be constmed as a waiver ofany other remedies ofsuch party unless specifically so provided herein. 18.07 Disclaimer. Nothing contained in this Agreement nor any act of the City shall be deemed or constmed by any ofthe parties, or by any third person, to create or imply any relationship of third-party beneficiary, principal or agent, limited or general partnership or joint venture, or to create or imply any association or relationship involving the City. 18.08 Headings. The paragraph and section headings contained herein are for convenience only and are not intended to limit, vary, define or expand the content thereof. i 8.09 Counterparts. This Agreemeht may be executed in several counterparts, each ofwhich shall be deemed an original and all ofAvhich shall constitute one and the same agreement 18.10 Severability. If any provision in tfiis Agreement, or any paragraph, sentence, clause, phrase, word or the application thereof, in any circumstance, is held invalid, this Agreement shall be constmed as if such invalid part were never included herein and the remainder ofthis Agreement shall be and remain valid and enforceable to the fullest extent permitted by law. 18.11 Conflict. In the event ofa conflict between any provisions ofthis Agreement and the provisions ofthe TIF Ordinances and/or the Bond Ordinance, ifany, such ordinance(s) shall prevail and control. 18.12 Goveming Law. This Agreement shall be govemed by and constmed in accordance with the intemal laws ofthe State oflllinois, without regard to its conflicts of law principles. 18.13 Form of Documents. All documents required by this Agreement to be submitted, delivered or fiimished to the City shall be in form and content satisfactory to the City. 18.14 Approval. Wherever this Agreement provides for the approval or consent ofthe City, 15576 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 DPD or the Commissioner, or any matter is to be to the City's, DPD's or the Commissioner's satisfaction, unless specifically stated to the confrary, such approval, consent or satisfaction shall be made, given or determined by the City, DPD or the Commissioner in writing and in the reasonable discretion thereof The Commissioner or other person designated by the Mayor ofthe City shall act for the City or DPD in making all approvals, consents and determinations of satisfaction, granting the Certificate or otherwise administering this Agreement for the City. 18.15 Assignment. The Developer may not sell, assign or otherwise transfer its interest in this Agreement in whole or in part without the written consent ofthe City. Any successor in interest to the Developer under this Agreement shall certify in writing to the City its agreement to abide by all remaining executory terms of this Agreement, including but not limited to Sections 8.19 Real Estate Provisions and 8.24 (Survival of Covenants) hereof, for the Term of the Agreement. The Developer consents to the City's sale,fransfer,assignment or other disposal ofthis Agreement at any time in whole or in part. 18.16 Binding Effect. This Agreement shall be binding upon the Developer, the City and their respective successors and permitted assigns (as provided herein) and shall inure to the benefit ofthe Developer, the City and their respective successors and permitted assigns (as provided herein). Except as otherwise provided herein, this Agreement shall not mn to the benefit of, or be enforceable by, any person or entity other than a party to this Agreement and its successors and permitted assigns. This Agreement should not be deemed to confer upon third parties any remedy, claim, right of reimbursement or other right. 18.17 Force Maieure. Neither the City nor the Developer nor any successor in interest to either of them shall be considered in breach of or in default ofits obligations under this-Agreement in the event ofany delay caused by damage or destmction byfireor other casualty, strike, shortage of material, unusually adverse weather conditions such as, by way of illusfration and not limitation, severe rain storms or belowfreezingtemperatures of abnormal degree or for an abnormal duration, tomadoes or cyclones, and other events or conditions beyond the reasonable confrol ofthe party affected which in fact mterferes witii the ability ofsuch party to discharge its obligations hereunder. The individual or entity relying on this section with respect to any such delay shall, upon the occurrence ofthe event causing such delay, immediately give written notice to the other parties to this Agreement. The individual or entity relying on this section with respect to any such delay may rely on this section only to the extent of the actual number of days of delay effected by any such events described above. 18.18 Exhibits. All ofthe exhibits attached hereto are incorporated herein by reference. 18.19 Business Economic Support Act. Pursuant to the Business Economic Support Act (30 ILCS 760/1 et seg.), if the Developer is required to provide notice under the WARN Act, the Developer shall, in addition to the notice required under the WARN Act, provide at the same time a copy ofthe WARN Act notice to the Govemor ofthe State, the Speaker and Minority Leader of 12/17/2003 REPORTS OF COMMITTEES 15577 the House of Representatives ofthe State, the President and minority Leader ofthe Senate of State, and the Mayor ofeach municipality where the Developer has locations in the State. Failure by the Developer to provide such notice as described above may result in the termination of all or a part of the payment or reimbursement obligations ofthe City set forth herein. 18.20 Venue and Consent to Juri.sdictinn. If there is a lawsuit under this Agreement, each party may hereto agrees to submit to the jurisdiction of the courts of Cook County, the State of Illinois and the United States District Court for the Northem District oflllinois. 18.21 Costs and Expenses. In addition to and not in limitation ofthe other provisions ofthis Agreement, Developer agrees to pay upon demand the City's out-of-pocket expenses, including attomey's fees, incurred in connection with the enforcement ofthe provisions ofthis Agreement. This includes, subject to any limits under applicable law, attomey's fees and legal expenses, whether or not there is a lawsuit, including attomey's fees for bankmptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals and any anticipated post-judgement collection services. Developer also will pay any court costs, in addition to all other sums provided by law. 18.22 Business Relationships. The Developer acknowledges (A) receipt of a copy of Section 2-156-030 (b) ofthe Municipal Code ofChicago, (B) that Developer 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 ofsuch 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 ofChicago), or to participate in any discussion in any City Council committee hearing or in any City Cbuncil meeting or to vote on any matter involving any person with whom the elected City official or employee has a "Business Relationship" (as defmed in Section 2-156-080 - ofthe Murticipal Code ofChicago), or to participate in any discussion in any City Council committee hiearing 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 (G) that a violation of Section 2-156-030 (b) by an elected official, or any person acting at the direcfion ofsuch official, with respect to any fransaction contemplated by this Agreement shall be grounds for terminafion of this Agreement and the fransactions contemplated hereby. The Developer hereby represents and warrants that, to the best of its knowledge after due inquiry, no violation of Section 2-156-030 (b) has occurred with respect to this Agreement or the transactions contemplated hereby. 18.23 DOH Lien. This Agreement shall be deemed a lien with respect to each affordable housing unit to recapture the amounts applicable to rental housing consistent with the Ordinance dated April 4, 2003, CCJ pp. 10457 - 10466. JOURNAL-CITY COUNCIL-CHICAGO 15578 12/17/2003 IN WITNESS WHEREOF, the parties hereto have caused this Redevelopment Agreement to be executed on or as ofthe day and year first above written. SL MIDWAY, LLC By:. Its: CITY OF CHICAGO By: Commissioner, Department of Planning and Development STATE OF ILLINOIS) ) ss COUNTY OF COOK) _, a notary public in and for the said County, in the State aforesaid, , personally known to me to be the of , an Illinois limited liability corporation (the "Developer"), and personally known to me to be the same person whose name is subscribed to the foregoing instniment, appeared before me this day in person and acknowledged that he/she signed, sealed, and delivered said instniment, pursuant to the authority given to him/her by the ofthe Developer, as his/her free and voluntary act and as the free and voluntary act ofthe Developer, for the uses and purposes therein set forth. 1, DO HEREBY CERTIFY that GIVEN under my hand and official seal this day of Notary Public (SEAL) My Commission Expires , . 12/17/2003 REPORTS OF COMMITTEES 15579 STATE OF ILLINOIS) ) ss COUNTY OF COOK) I, , a notary public in and for the said County, in the State aforesaid, DO HEREBY CERTIFY that , personally known to me to be the Commissioner ofthe Department ofPIanning and Development ofthe City ofChicago (the "City"), 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 acknowledged that he/she signed, sealed, and delivered said instrument pursuant to the authority given to him/her by the City, as his/herfreeand voluntary act and as thefreeand voluntary act ofthe City, for the uses and purposes therein set forth. GIVEN under my hand and official seal this th day of , . Notary Public My Commission Expires_ [(Sub)Exhibits "A", "D", "E", "F", "I", "K", "O" a n d "P" referred to in t h i s Redevelopment Agreement with SL Midway, L.L.C. u n a v a i l a b l e at time of printing.] [(Sub)Exhibit "M" referred to in this Redevelopment Agreement with SL Midway, L.L.C. c o n s t i t u t e s Exhibit "B" to t h e o r d i n a n c e a n d is printed on pages 15590 t h r o u g h 1 5 5 9 5 of this J o u r n a l ] (Sub)Exhibits "B", "C", "G", " H - l " , "H-2", "J" a n d "L" referred to in Redevelopment Agreement with SL Midway, L.L.C. r e a d a s follows: this 15580 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit "B". (To Redevelopment Agreement With SL Midway, L.L.C.) Property Description. That part of the northwest quarter of the southwest quarter of Section 22, Township 38 North, Range 13, East ofthe Third Principal Meridian, described as follows: (the west line of aforesaid southwest quarter being "due north" for the following courses): commencing at the northwest comer of aforesaid southwest quarter ofSection 22; thence south 89 degrees, 42 minutes, 40 seconds east in the north line of aforesaid southwest quarter a distance of 120.0 feet to a point; thence south 00 degrees, 17 minutes, 20 seconds west in a line a distance of 58.0 feet to the point of beginning; thence north 63 degrees, 43 minutes, 20 seconds east in a line a distance of 33.54 feet to a point 43.0 feet south of, at right angles, to a point in the aforesaid north line of the southwest quarter that is 150.00 feet east of the aforesaid northwest corner of the southwest quarter; thence south 89 degrees, 42 minutes, 40 seconds east in a line parallel with the aforesaid north line of the southwest quarter a distance of 315.0 feet; thence south 02 degrees, 27 minutes, 58 seconds west 849.02 feet; thence south 84 degrees, 25 minutes, 00 seconds west 124.87 feet to a point of tangency with a curved line; thence southwesterly in last mentioned curved line, convex to the south having a radius of 670.00 feet whose chord length is 77.52 feet and bears south 87 degrees, 44 minutes, 00 seconds west, an arc distance of 77.56 feet; thence due north in a line a distance of 55.80 feet to a point; thence due west in a line a distance of 53.55 feet to a point in the easterly line of Cicero Avenue; thence north 1 degree, 22 minutes, 01 seconds west in a line a distance of 333.17 feet to a point that is 165.0 feet east at right angles to a point in said west line of the southwest quarter that is 519.94 feet south of the northwest comer of said southwest quarter; thence north 5 degrees, 36 minutes, 25 seconds west in a line a distance of 463.55 feet to the point of beginning (except from said property taken as a tract, that part lying east and south of the following described lines: beginning at a point on the north line of said tract 45.58 feet north 89 degrees, 42 minutes, 40 seconds west of the northeast 12/17/2003 REPORTS OF COMMITTEES 15581 comer of said tract; thence south 00 degrees, 00 minutes, 25 seconds west 273.08 feet; thence south 89 degrees, 59 minutes, 01 seconds west 273.96 feet to the west line of said tract) all in Cook County, Illinois. (Sub)Exhibit "C". (To Redeveloprrient Agreement With SL Midway, L.L.C.) T.I.F.-Funded Improvements. Costs of Studies Survey, Development of Plans Property Assembly and Site Prep Costs $ 439,450 1,074,283 Interest Costs 129,643* Construction of Affordable Housing Units** .315.682 TOTAL T.I.F.-FUNDED IMPROVEMENTS: $2,959,058*** Interest Costs shall not be used to value the Note, but can be reimbursed on a pay-as-you-go basis after the Note has been retired in an amount not to exceed the difference between the Maximum Amount (as defined below) and the amount paid pursuant to the Note. Fifty percent (50%) of the actual construction costs of affordable housing units for low- and very low-income occupants are eligible as defined under the provisions of the Tax Increment Allocation Redevelopment Act. In no event shall the City reimburse the Developer in excess of the lesser of (a) Two Millions Seven Hundred Fifty Thousand Dollars ($2,750,000), or (b) fifteen percent (15%) ofthe Project Costs, as set out in the final Project Budget ("Maximum Amount"). 15582 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 SL Midway, L.L.C. Bv: Name Title: Subscribed and swom before me this day of My commission expires: Agreed and Accepted: Name Title: City of Chicago Department of Planning and Development (Sub)Exhibit "G". (To Redevelopment Agreement With SL Midway, L.L.C.) Permitted Liens. 1. Liens or encumbrances against the Property: Those matters set forth as Schedule B title exceptions in the owner's title 12/17/2003 REPORTS OF COMMITTEES 15583 insurance policy issued by the Title Company as of the date hereof, but only so long as applicable title endorsements issued in conjunction therewith on the date hereof, if any, continue to remain in full force and effect. 2. Liens or encumbrances against the Developer or the Project, other than liens against the Property, if any: (To be completed by Developer's counsel, subject to City approval.) (Sub)Exhibit "H-l". (To Redevelopment Agreement With SL Midway, L.L.C.) FYoject Budget. Constmction Cost $14,117,576 General and Administrative Expenses 1,731,271 Acquisition 600,000 Pre-Development Costs 108,500 Pre-Opening Expenses 409,045 Initial Operations 585,000 Contingency 549.000 TOTAL PROJECT COSTS: $18,100,392 15584 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit "H-2". (To Redevelopment Agreement With SL Midway, L.L.C.) M.B.E./W.B.E. Project Budget Hard Costs Constmction Costs $12,803,701 Architect/Engineers 476,975 Site Work and Landscaping 25,000 Contingency TOTAL HARD COSTS: 549.000 $13,854,676 Soft Costs Environmental TOTAL SOFT COSTS: $ 7,500 $ 7,500 M.B.E./W.B.E. Project Budget $13,862,176 M.B.E. Total $ 1 3 , 8 6 2 , 1 7 6 X 2 5 % = $ 3,465,544 W.B.E. Total $13,862,176 X 5%= $ 693,108 12/17/2003 REPORTS OF COMMITTEES 15585 (Sub)Exhibit "J". (To Redevelopment Agreement With SL Midway, L.L.C.) Opinion Of Developer's Counsel [To be retyped on the Developer's Counsel's letterhead] City of Chicago 121 North LaSalle Street Chicago, Ilhnois 60602 Attention: Corporation Counsel Ladies and Gentlemen: We have acted as counsel to , a Delaware limited liability corporation (the "Developer"), in connection with the purchase of certain land and the construction of certain facilities thereon located in the 67"'/Cicero Redevelopment Project Area (the "Project"). In that capacity, we have examined, among other things, the following agreements, instruments and documents ofeven date herewith, hereinafter referred to as the "Documents": (a) Redevelopment Agreement (the "Agreement") of. even date herewith, executed by the Developer and the City ofChicago (the "City"); [(b) the Escrow Agreement ofeven date herewith executed by the Developer and the City;] (c) [insert other documents including but not limited to documents related to purchase and financing of the Property and all lender financing related to the Project]; and (d) all other agreements, instruments and documents executed in connection with the foregoing. In addition to the foregoing, we have examined: 15586 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (a) the original or certified, conformed or photostatic copies of the Developer's (i) Articles of Organization, as amended to date, (ii) qualifications to do business and certificates of good standing in all states in which the Developer is qualified to do business, (iii) Operating Agreement, as amended to date, and (iv) records of all member's and manager's meetings relating to the Project [revise if the Developer is not a corporation]; and (b) such other documents, records and legal matters as we have deemed necessary or relevant for purposes of issuing the opinions hereinafter expressed. In all such examinations, we have assumed the genuineness of all signatures (other than those ofthe Developer), the authenticity of documents submitted to u s as originals and conformity to the originals of all documents submitted to u s as certified, conformed or photostatic copies. Based on the foregoing, it is our opinion that: 1. The Developer is a corporation duly organized, validly existing and in good standing under the laws ofits state of organization, has full power and authority to own and lease its properties and to carry on its business as presently conducted, and is in good standing and duly qualified to do business as a foreign entity under the laws of every state in which the conduct of its affairs or the ownership of its assets requires such qualification, except for those states in which its failure to qualify to do business would not have a material adverse effect on it or its business. 2. The Developer has full right, power and authority to execute and deliver the Documents to which it is a party and to perform its obligations thereunder. Such execution, delivery and performance will not conflict with, or result in a breach of, the Developer's Articles of Organization or result in a breach or other violation of any of the terms, conditions or provisions of any law or regulation, order, writ, injunction or decree of any court, govemment or regulatory authority, or, to the best of our knowledge after diligent inquiry, any of the terms, conditions or provisions of any agreement, instmment or document to which the Developer is a party or by which the Developer or its properties is bound. To the best of our knowledge after diligent inquiry, such execution, delivery and performance will not constitute grounds for acceleration of the maturity of any agreement, indenture, undertaking or other instrument to which the Developer is a party or by which it or any of its property may be bound, or result in the creation or imposition of (or the obligation to create or impose) any lien, charge or encumbrance on, or security interest in, any ofits property pursuant to the provisions ofany ofthe foregoing, other than liens or security interests in favor of the lender providing Lender Financing (as defined in the Agreement). 12/17/2003 REPORTS OF COMMITTEES 15587 3. The execution and delivery of each Document and the performance of the transactions contemplated thereby have been duly authorized and approved by all requisite action on the part of the Developer. 4. Each of the Documents to which the Developer is a party has been duly executed and delivered by a duly authorized officer of the Developer, and each such Document constitutes the legal, valid and binding obligation of the Developer, enforceable in accordance with its terms, except as limited by applicable bankruptcy, reorganization, insolvency or similar laws affecting the enforcement of creditors' rights generally. 5. To the best of our knowledge after diligent inquiry, no judgments are outstanding against the Developer, nor is there now pending or threatened, any litigation, contested claim or govemmental proceeding by or against the Developer or affecting the Developer or its property, or seeking to restrain or enjoin the performance by the Developer of the Agreement or the transactions contemplated by the Agreement, or contesting the validity thereof. To the best of our knowledge after diligent inquiry, the Developer is not in default with respect to any order, writ, injunction or decree of any court, govemment or regulatory authority or in default in any respect under any law, order, regulation or demand of any govemmental agency or instrumentality, a default under which would have a material adverse effect on the Developer or its business. 6. To the best of our knowledge after diligent inquiry, there is no default by the Developer or any other party under any material contract, lease, agreement, instrument or commitment to which the Developer is a party or by which the company or its properties is bound. 7. To the best of our knowledge after diligent inquiry, all of the assets of the Developer are free and clear of mortgages, liens, pledges, security interests and encumbrances except for those specifically set forth in the Documents. 8. The execution, delivery and performance ofthe Documents by the Developer have not and will not require the consent ofany person or the giving of notice to, any exemption by, any registration, declaration or filing with or any taking ofany other actions in respect of, any person, including without limitation any court, govemment or regulatory authority. 9. To the best of our knowledge after diligent inquiry, the Developer owns or possesses or is licensed or otherwise has the right to use all licenses, permits and other govemmental approvals and authorizations, operating authorities, certificates ofpublic convenience, goods carriers permits, authorizations and other rights that are necessary for the operation of its business. 15588 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 10. A federal or state court sitting in the State of Illinois and applying the choice of law provisions of the State of Illinois would enforce the choice of law contained in the Documents and apply the law of the State of Illinois to the transactions evidenced thereby. We are attomeys admitted to practice in the State of Illinois and we express no opinion as to any laws other than federal laws of the United States of America and the laws ofthe State oflllinois and Delaware. This opinion is issued at the Developer's request for the benefit ofthe City and its counsel, and may not be disclosed to or relied upon by any other person. Very truly yours. By: Name: (Sub)Exhibit "L". (To Redevelopment Agreement With SL Midway, L.L.C.) Requisition Form. State of Illinois ) )SS. County of Cook ) The affiant, , of ,a (the "Developer"), hereby certifies that with respect to that 12/17/2003 certain the City of Chicago dated REPORTS OF COMMITTEES 15589 Redevelopment Agreement between the Developer and , (the "Agreement"): A. Expenditures for the Project, in the total amount of $ made: have been B. This paragraph B sets forth and is a true and complete statement ofall costs of T.I.F.-Funded Improvements for the Project reimbursed by the City to date: $ C. The Developer requests reimbursement for the following cost of T.I.F.-Funded Improvements: $ D. None of the costs referenced in paragraph C above have been previously reimbursed by the City. E. The Developer hereby certifies to the City that, as of the date hereof: 1. Except as described in the attached certificate, the representations and warranties contained in the Redevelopment Agreement are true and correct and the Developer is in compliance with all applicable covenants contained herein. 2. No Event ofDefault or condition or event which, with the giving of notice or passage of time or both, would constitute an Event of Default, exists or has occurred. All capitalized terms which are not defined herein has the meanings given such terms in the Agreement. 15590 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Exhibit "B". Form Of Note. Registered Number R-l Maximum Amount $2,750,000 United States Of America State Of Illinois County Of Cook City Of Chicago Tax Increment Allocation Revenue Note (67"^/Cicero Redevelopment Project Area), Taxable Series A. Registered Owner: SL Midway, L.L.C. Interest Rate: Not to exceed nine percent (9%) per annum [to be determined at closing]. (Tied to twenty (20) year Treasury Constant Maturities as published in the current Federal Reserve Statistical Release H-15 upon the Issuance Date plus, three hundred (300) Basis Points) Maturity Date: , [twenty (20) years from issuance date but prior to termination of Redevelopment Agreement] Know All Persons By These Presents, That the City of Chicago, Cook County, Illinois (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, on or before the Maturity Date identified above, but solely from the sources hereinafter identified, the principal amount of this Note from time to time advanced by the Registered Owner to pay costs of the Project (as hereafter defined) in accordance with the ordinance hereinafter referred to u p to the principal amount ofTwo Million Seven Hundred Fifty Thousand Dollars ($2,750,000) and to pay the Registered Owner interest on that amount at the Interest Rate per year 12/17/2003 REPORTS OF COMMITTEES 15591 specified above from the date set forth in the Redevelopment Agreement. Interest shall be computed on the basis of a three hundred sixty (360) dayyear of twelve (12) thirty (30) day months. Accrued but unpaid interest on this Note shall also accrue at the interest rate per year until paid. Principal of and interest on this Note from the Available Excess Incremental Taxes (as defined in the hereinafter defined Redevelopment Agreement) is due February 1 of each year until the earlier of Maturity or until this Note is paid in full. Payments shall first be applied to interest. The principal of and interest on this Note are payable in lawful money of the United States of America, and shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by the Comptroller ofthe City, as registrar and paying agent (the "Registrar"), at the close ofbusiness on the fifteenth (15*'') day ofthe month immediately prior to the applicable payment, maturity or redemption date, and shall be paid by check or draft of the Registrar, payable in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books or at such other address furnished in writing by such Registered Owner to the Registrar; provided, that the final installment of principal and accrued but unpaid interest will be payable solely upon presentation of this Note at the principal office of the Registrar in Chicago, Illinois or as otherwise directed by the City. The Registered Owner ofthis Note shall note on the Payment Record attached hereto the amount and the date of any payment of the principal of this Note promptly upon receipt of such payinent. This Note is issued by the City in the principal amount of advances made from time to time by the Registered Owner u p to Two Million Seven Hundred Fifty Thousand Dollars ($2,750,000) for the purpose of paying the costs of certain eligible redevelopment project costs incurred by Developer (the "Project"), in connection with the development ofan approximately one hundred eighteen thousand two hundred forty-two (118,242) square foot building (the "Facility"), which will be rented to seniors (age sixty-two (62) or older) in the 67""/Cicero Redevelopment Project Area (the "Proiect Area") in the City, all in accordance with the Constitution and the laws ofthe State oflllinois, and particularly the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11-74.4-1, et seq.) (the "T.I.F. Act"), the Local Govemment Debt Reform Act (30 ILCS 3 5 0 / 1 , et seq.) and an ordinance adopted by the City Council ofthe City on , (the "Ordinance"), in all respects as by law required. The City has assigned and pledged certain rights, title and interest ofthe City in and to certain incremental ad valorem tax revenues from the Project Area which the City is entitled to receive pursuant to the T.I.F. Act and the Ordinance, in order to 15592 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 pay the principal and interest of this Note. Reference is hereby made to the aforesaid Ordinance and the Redevelopment Agreement for a description, among others, with respect to the determination, custody and application of said revenues, the nature and extent of such security with respect to this Note and the terms and conditions under which this Note is issued and secured. This Note A Special Limited Obligation Of The City, And Is Payable Solely From Available Incremental Taxes, And Shall Be A Valid Claim OfThe Registered Owner Hereof Only Against Said Sources. This Note Shall Not Be Deemed To Constitute An Indebtedness Or A Loan Against The General Taxing Powers Or Credit OfThe City, Within The Meaning Of Any Constitutional Or Statutoiy Provision. The Registered Owner Of This Note Shall Not Have The Right To Compel Any Exercise OfThe Taxing Power OfThe City, The State Of Illinois Or Any Political Subdivision Thereof To Pay The Principal Or Interest Of This Note. The principal of this Note is subject to redemption on any date, as a whole or in part, at a redemption price of one hundred percent (100%) of the principal amount thereof being redeemed. There shall be no prepayment penalty. Notice ofany such redemption shall be sent by registered or certified mail not less than five (5) days nor more than sixty (60) days prior to the date fixed for redemption to the Registered Owner of this Note at the address shown on the registration books of the City maintained by the Registrar or at such other address as is fumished in writing by such Registered Owner to the Registrar. This Note is issued in fully registered form in the denomination of its outstanding principal amount. This Note may not be exchanged for a like aggregate principal amount ofnotes or other denominations. This Note is transferable by the Registered Owner hereof in person or by its attomey duly authorized in writing at the principal office ofthe Registrar in Chicago, Illinois, but only in the manner and subject to the limitations provided in the Ordinance, and upon surrender and cancellation ofthis Note. Upon such transfer, a new Note of authorized denomination of the same maturity and for the same aggregate principal amount will be issued to the transferee in exchange herefor. The Registrar shall not be required to transfer this Note during the period beginning at the close ofbusiness on the fifteenth (15''') day ofthe month immediately prior to the maturity date of this Note nor to transfer this Note after notice calling this Note or a portion hereof for redemption has been mailed, nor during a period of five (5) days next preceding mailing of a notice of redemption of this Note. Such transfer shall be in accordance with the form at the end of this Note. This Note hereby authorized shall be executed and delivered as the Ordinance and the Redevelopment Agreement provide. Pursuant to the Redevelopment Agreement dated as of , between the City and the Registered Owner (the "Redevelopment Agreement"), the Registered Owner has agreed to acquire and construct the Project and to advance funds for the 12/17/2003 REPORTS OF COMMITTEES 15593 construction of certain facilities related to the Project on behalfofthe City. The cost of such acquisition and construction in an amount not to exceed Two Million Seven Hundred Fifty Thousand Dollars ($2,750,000) shall be deemed to be a disbursement ofthe proceeds ofthis Note. Fharsuant to Section 15.01 and Section 15.02oftheRedevelopment Agreement, the City has reserved the right to suspend a n d / o r terminate payments of principal and oflnterest on this Note upon the occurrence of certain conditions, and the City has reserved the right to offset liquidated damage amounts owed to the City against the principal amount outstanding under this Note. The City shall not be obligated to make payments under this Note if an Event of Default (as defined in the Redevelopment Agreement), or condition or event that with notice or the passage of time or both would constitute an Event of Default, has occurred. Such rights shall survive any transfer ofthis Note. The City and the Registrar may deem and treat the Registered Owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and for all other purposes and neither the City nor the Registrar shall be affected by any notice to the contrary, unless transferred in accordance with the provisions hereof. It is hereby certified and recited that all conditions, acts and things required by law to exist, to happen, or to be done or performed precedent to and in the issuance ofthis Note did exist, have happened, have been done and have been performed in regular and due form and time as required by law; that the issuance of this Note, together with all other obligations of the City, does not exceed or violate any constitutional or statutory limitation applicable to the City. This Note shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Registrar. In Witness Whereof, The City ofChicago, Cook County, Illinois, by its City Council, has caused its official seal to be imprinted by facsimile hereon or hereunto affixed, and has caused this Note to be signed by the duly authorized signature ofthe Mayor and attested by the duly authorized signature of the City Clerk of the City, all as of Mayor [Seal] JOURNAL-CITY COUNCIL-CHICAGO 15594 12/17/2003 Attest: City Clerk Certificate Of Authentication Registrar and Paying Agent: Comptroller of the City of Chicago, Cook County, Illinois This Note is described in the within mentioned ordinance and is the Tax Increment Allocation Revenue Note (67"'/Cicero Redevelopment Project), Taxable Series A, of the City ofChicago, Cook County, Illinois. Comptroller Date: Principal Payraent Record Date Of Payment Principal Pa5mient Principal Balance Due 12/17/2003 Date Of Pajmient REPORTS OF COMMITTEES Principal Payment 15595 Principal Balance Due (Assignment) For Value Received, The undersigned sells, assigns and transfers unto the within Note and does hereby irrevocably constitute and appoint attomey to transfer the said Note on the books kept for registration thereof with full power of substitution in the premises. Dated: Registered Owner Notice: The signature to this assignment must correspond with the name ofthe Registered Owner as it appears upon the face of the Note in every particular, without alteration or enlargemerit or any change whatever. Signature Guaranteed: Notice: Signature(s) must be guaranteed by a member of the New York Stock Exchange or a commercial bank or trust company. Consented to by: City of Chicago Department of Planning and Development By: _ Its: 15596 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Exhibit "C". Certification Of Expenditure. To: Registered Owner Re: City of Chicago, Cook County, Illinois (the "City") $ Tax Increment Allocation Revenue Note (67'''/Cicero Redevelopment Project, Taxable Series A) (the "Redevelopment Note") This Certification is submitted to you. Registered Owner of the Redevelopment Note, pursuant to the Ordinance of the City authorizing the execution of the Redevelopment Note adopted by the City Council of the City on , (the "Ordinance"). All terms used herein shall have the same meaning as when used in the Ordinance. The City hereby certifies that $ is advanced as principal under the Redevelopment Note as of the date hereof. Such amount has been properly incurred, is a proper charge made or to be made in connection with the redevelopment project costs defined in the Ordinance and has not been the basis ofany previous principal advance. As ofthe date hereof, the outstanding principal balance under the Redevelopment Note is $ , including the amount of this Certificate and less pajonent made on the Note. In Witness Whereof, The City has caused this Certification to be signed on its behalf as of (closing date). City of Chicago By: Commissioner, Department of Planning and Development 12/17/2003 REPORTS OF COMMITTEES 15597 Authenticated By: Registrar AUTHORIZATION FOR EXECUTION OF REDEVELOPMENT AGREEMENT WITH SHUBERT HOTEL ASSOCIATES, L.L.C. FOR RENOVATION OF THE MAJESTIC BUILDING AT 22 WEST MONROE STREET. The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration an ordinance authorizing the commissioner of the Department of Planning and Development to enter into and execute a Redevelopment Agreement with Shubert Hotel Associates, L.L.C, having had 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 viva voce vote of the members of the Committee. Alderman Burke abstained from voting pursuaint to Rule 14 ofthe City Council's Rules of Order and Procedure. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. 15598 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 47. Nays — None. Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. 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. The following is said ordinance as passed: WHEREAS, Pursuant to an ordinance adopted by the City Council ("City Council") of the City of Chicago (the "City") on February 7, 1997 and published at pages 38260 — 38402 ofthe Joumal ofthe Proceedings ofthe City Council ofthe City of Chicago (the "Journal") of such date, a certain redevelopment plan and project (as amended on May 17, 2000, and as further amended on July 9, 2003, the "Plan") for the Expanded North Loop Redevelopment Project Area (such expanded area, the "Area") was approved pursuant to the Illinois Tax Increment Allocation Redevelopment Act, as amended (65 ILCS 5/11-74.4-1, et seq.) (the "Act"); and WHEREAS, Pursuant to an ordinance adopted by the City Council on February 7, 1997 and published at pages 38400 and 38403 - 38414 ofthe JoumaZ of such date, the Area was designated as a redevelopment project area pursuant to the Act; and WHEREAS, Pursuant to an ordinance (the "T.I.F. Ordinance") adopted by the City Council on Febmary 7, 1997 and published at pages 38412 and 38415 - 38425 of the Joumal of such date, tax increment allocation financing was adopted pursuant 12/17/2003 REPORTS OF COMMITTEES 15599 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, Monroe Presentations, L.L.C. ("Monroe") has previously acquired the twenty (20) story building located at 22 West Monroe Street commonly known as the Majestic Building (the "Building"); and WHEREAS, Monroe intends to vertically subdivide or otherwise separate ownership of the Building and thereafter sell to its affiliate, Shubert Hotel Associates, L.L.C. (the "Developer"), floors six (6) — twenty (20) ofthe Building (the "Hotel Improvements") while retaining ownership ofthe underlying real property, the basement and the first five (5) floors ofthe Building (the "Theater Improvements"); and WHEREAS, The Developer shall thereafter perform certain renovation and historic preservation work relating to the Shubert Theater, which is located in the Theater Improvements (the "Theater and Lobby Work") and certain renovation, historic preservation and life safety work relating to the Building's exterior wall and terra cotta facade (the "Exterior and Facade Work") (together with the Theater and Lobby Work, and certain related use and operations covenants, the "Theater Renovation Project"); and WHEREAS, The Developer shall also convert the existing office space located in the top fifteen (15) floors ofthe Building into, and commence operations of, a hotel therein (such rehabilitation work, together with certain use and operations covenants, the "Hotel Conversion Project"); and WHEREAS, The Developer and Monroe (the "Developer Parties") will be obligated to undertake the Project in accordance with the Plan and pursuant to the terms and conditions of a proposed redevelopment agreement to be executed by the Developer and the City, such work to be financed in part by a portion of the proceeds of the City of Chicago General Obligation Bonds (Central Loop Redevelopment Project) Series 2003B (Taxable) or other legally available funds of the City; and WHEREAS, Pursuant to Resolution 02-CDC-118 adopted by the Community Development Commission of the City of Chicago (the "Commission") on December 10, 2002, the Commission recommended that the Developer be 15600 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 designated as the developer for the Project and that D.P.D. be authorized to negotiate, execute and deliver on behalfofthe City a redevelopment agreement with the Developer for the Project; now, therefore. Be It Ordained by the City Council of the City of Chicago: SECTION 1. The above recitals are incorporated herein and made a part hereof. SECTION 2. The Developer Parties are hereby designated as the developer for the Project pursuant to Section 5/11-74.4-4 of the Act. SECTION 3. The Commissioner of D.P.D. (the "Commissioner") or a designee of the Commissioner are 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 Parties and the City in substantially the form attached hereto as Exhibit A and made a part hereof (the "Redevelopment Agreement"), and such other supporting documents as may be necessary to carry out and comply with the provisions of the Redevelopment Agreement, with such changes, deletions and insertions as shall be approved by the persons executing the Redevelopment Agreement. SECTION 4. 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 ofthis ordinance. SECTION 5. All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict. SECTION 6. This ordinance shall be in full force and effect immediately upon its passage and approval. Exhibit "A" referred to in this ordinance reads as follows: 12/17/2003 REPORTS OF COMMITTEES Exhibit "A". (To Ordinance) Shubert Theatre Redevelopment Agreement. This Shubert Theatre Redevelopment Agreement (this "Agreement") is made as of this day of , 2004 by and between the City of Chicago, an Illinois municipal corporation (the "City"), through its Department of Planning and Development ("DPD"), and Shubert Hotel Associates, L.L.C, an Illinois limited liability company (the "Developer"). Monroe Presentations, LLC, an Illinois limited liability company ( "Monroe"), has also executed this Agreement for purposes of making certain representations, warranties and covenants, and agreeing to certain City rights and remedies under this Agreement, as more particuljuly described herein. Capitalized terms not otherwise defined herein shall have the meaning set forth in Section 2. RECITALS A. Constitutional Authority: As a home mle unit of govemmenl under Section 6(a), Article VII ofthe 1970 Constitution ofthe State oflllinois (the State"), the City has the power to regulate for the protection ofthe public health, safety, morals and welfare of its inhabitants, and pursuant thereto, has the power to encourage private development in order to enhance the local tax base, create employment opportunities and to enter into contractual agreements with private parties in order to achieve these goals. B. Statutory Authoritv: The Citv is authorized under the provisions ofthe Tax Increment Allocation Redevelopment Act. 65 ILCS 5/11-74.4-1 et seg., as amended from time to time (the j ^ " ) , to finance projects that eradicate blighted conditions and conservation area factors through the use of tax increment allocation financing for redevelopment projects. 15601 15602 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 C. City Council Authority: To induce redevelopment pursuant to the Act, the City Council ofthe City (the "City Council") adopted the following ordinances on Febmary 7,1997: (1) "An Ordinance ofthe City ofChicago, Illinois Approving a Redevelopment Plan for the Central Loop Redevelopment Project Area"; (2) "An Ordinance ofthe City ofChicago, Illinois Designating the Central Loop Redevelopment Project Area as a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act"; and (3) "An Ordinance ofthe City ofChicago, Illinois Adopting Tax Increment Allocation Financing for the Central Loop Redevelopment Project Area" (the "TIF Adoption Ordinance"), (collectively referred to herein as the "TIF Ordinances"). The redevelopment project area referred to above (the "Redevelopment Area") is legally described in Exhibit A hereto. D. The Redevelopment Project: As ofthe date ofintroduction ofthis Agreement to the City Council, Monroe Hotel, LLC, an Affiliate of Monroe, owns 60% of the Developer's membership interests and Northem Shubert Hotel Associates, LLC owns 40% ofthe Developer's membership interests. On or prior to the closing date under this Agreement, the Developer shall purchase from Monroe a portion of certain property located within the Redevelopment Area at 22 West Monroe Street, Chicago, Illinois 60602 and legally described on Exhibit B hereto (the "Propertv"). on which is located a 20-story building known as the Majestic Building (the "Building"). Monroe and the Developer shall vertically subdivide the Property and Building or otherwise separate ownership of the Building so that, after such subdivision or separation, the Developer shall acquire and thereafter own floors 6-20 ofthe Building (the "Hotel Improvements") and Monroe shall retain ownership ofthe underlying real property, the basement and the first five floors ofthe building (the " Theatre Improvements"). Within the time frame.set forth in Section 3.01 hereof, the Developer (or, with respect to the Theater Improvements, Monroe, if Monroe and Developer so agree, in which case the applicable representations, warranties and covenants related to such work shall be revised accordingly) shall perform the following redevelopment work in substantial accordance with the Plans and Specifications approved by DPD pursuant to this Agreement: (i) the renovation of the Shubert Theatre, an approximately 2,000-seat performing arts theater (the "Shubert Theatre") located in the Theatre Improvements, including, but not limited to, renovations to the lobby space and support areas, the public toilet rooms, concession areas, office support spaces, cleaning, repainting and releafing ofall gold and aluminum architectural details, ifany, the removal ofthe outer lobby ceiling to reclaim the original two-story vintage decor and the historic preservation work specified on Exhibit E-l (the " Theatre and Lobby Work"): and (ii) exterior wall and terra cotta facade restoration, the constmction of an exterior fire-staircase on the east side ofthe entire Building and cantilevered over the existing alley and the historic preservation work specified on Exhibit E-l (the "Exterior and Facade Work"). The Theatre and Lobby Work and Exterior Facade Work for which tax increment financing assistance is being provided (including, but not limited to, those TIFFunded Improvements as defined below and set forth on Exhibit C). together with the associated covenants set forth in this Agreement, are sometime referred to herein as the " Theatre Renovation Proiect." 12/17/2003 REPORTS OF COMMITTEES Within the time frame set forth in Section 3.01 hereof, the Developer shall also convert the existing office space located in the top 15 floors ofthe Building into, and commence operations of, a hotel therein (such project, together with the associated covenants set forth in this Agreement, the "Hotel Conversion Project"). All City Funds paid hereunder shall go to pay or reimburse the Developer for costs associated with the Theatre Renovation Project. No City Funds shall be paid for the Hotel Conversion Project, but completion of the Hotel Conversion Project is a condition precedent to the payment of $1,500,000 of City Funds to the Developer. The Theatre Renovation Project and the Hotel Conversion Project are sometimes collectively referred to herein as the "Proiect." The completion of the Project would not reasonably be anticipated without the financing contemplated in this Agreement. E. Redevelopment Plan: The Project shall be carried out in accordance with this Agreement and the City ofChicago Cenfral Loop Tax Increment Financing Redevelopment Plan and Project (the "Redevelopment Plan") attached hereto as Exhibit D. as amended from time to time. F. City Financing: The City agrees to use, in the amounts set forth in Section 4.03 hereof, a portion ofthe proceeds ofits City of Chicago General Obligation Bonds (Central Loop Redevelopment Project) Series 2003B (Taxable) (collectively, the "Bonds"and the "Bond Proceeds"^, or other legally available fimds ofthe City, to pay for or reimburse the Developer for the costs of TIF-Funded Improvements pursuant to the terms and conditions ofthis Agreement. Now, therefore, in consideration ofthe 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: SECTION 1. RECITALS The foregoing recitals are hereby incorporated into this agreement by reference. SECTION 2. DEFINITIONS For purposes ofthis Agreement, in addition to the terms defined in the foregoing recitals, the foUowing terms shall have the meanings set forth below: "Act" shall have the meaning set forth in Recital B of this Agreement. 15603 15604 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 "Affiliate" shall mean Broadway, Windy City Broadway, LLC, Laurence Amusement, LLC, Nederlander Company, LLC, Northem Shubert Hotel Associates, LLC, Monroe Hotel, LLC, Northem Realty Investment Fund I, LLC, LR Hotel, LLC, MP Hotel, LLC, Wooddale Chicago, LLC, Hilldale Chicago, LLC, and any other person or entity employed by, compensated by or directly or indirectly controlling, controlled by or under common control with the Developer, Monroe or any ofthe aforementioned entities or persons. "Bond Ordinance" means that certain ordinance adopted by the City Council ofthe City on July 9, 2003 authorizing the issuance ofthe Bonds. "Bond Proceeds" shall having the meaning set forth in Recital F ofthis Agreement. "Bonds" shall have the meaning set forth in Recital F ofthis Agreement. "Broadway" shall mean Broadway In Chicago, LLC, an Illinois limited liability company. "Building" shall have the meaning set forth in the Recital D ofthis Agreement. "Change Order" shall mean any amendment or modification to the Scope Drawings, Plans and Specifications or the Project Budget as described in Section 3.03. Section 3.04 and Section 3.05. respectively. "Citv Council" shall have the ineaning set forth in Recital C ofthis Agreement. "Citv Funds" shall mtfan theftindsdescribed in Section 4.03(b) hereof "Closing Date" shall mean the date of execution and delivery ofthis Agreement by all parties hereto, which shall be deemed to be the date appearing in the first paragraph ofthis Agreement. "Constmction Contract" shall mean that certain contract to be entered into between the Developer and the General Contractor providing for constmction ofthe Project. "Corporation Counsel" shall mean the City's Office of Corporation Counsel. "Emplover(s)" shall have the meaning set forth in Section 10 hereof "Environmental Laws" shall mean any and all federal, state or local statutes, laws, regulations, ordinances, codes, mles, orders, licenses, judgments, decrees or requirements relating to public health and safety and the environment now or hereafter in force, as amended and hereafter amended, including but not limited to (i) the Comprehensive Environmental Response, 12/17/2003 REPORTS OF COMMITTEES 15605 Compensation and Liability Act (42 U.S.C. Section 9601 et seg.); (ii) any so-called Superfund" or Superiien" law; (iii) the Hazardous Materials Transportation Act (49 U.S.C. Section 1802 et seq.): (iv) the Resource Conservation and Recovery Act (42 U.S.C. Section 6902 et seg.); (v) the Clean Air Act (42 U.S.C. Section 7401 et seg.); (vi) the Clean Water Act (33 U.S.C. Section 1251 et seq.): (vii) the Toxic Substances Control Act (15 U.S.C. Section 2601 et seg.); (viii) the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. Section 136 et seg.); (ix) the Illinois Environmental Protection Act (415 ILCS 5/1 et seg.); and (x) the Municipal Code ofChicago. "Equity" shall mean contributed and unretumed capital contributions made pursuant to Developer's operating agreement and such other fiinds ofthe Developer (other than fiinds derived from Lender Financing or Mezzanine Financing) as the City, in its sole discretion, may consider equity irrevocably available for the Project, in the amount set forth in Section 4.01 hereof, which amount may be increased pursuant to Section 4.06 (Cost Overruns) or Section 4.03(b). "Escrow" shall mean the constmction escrow established pursuant to the Escrow Agreement. "Escrow Agreement" shall mean the Escrow Agreement establishing a constmction escrow, to be entered into by the Title Company (or an affiliate ofthe Title Company), the Developer and the Developer's lender(s). Event of Default" shall have the meaning set forth in Section 15 hereof "Exterior and Facade Work" shall have the meaning set forth in Recital D hereof "Fifth Anniversary Date" shall mean (a) with respect to the covenants in Sections 4.03(b). 8.20. 8.21(a). 8.22(a) and 8.23 applicable to the Theatre Improvements, the date that is five years after the Theatre Operations Commencement Date, and (b) with respect to the covenants in Sections 8.2Kb) and 8.22(b) applicable to the Hotel Improvements, the date that is five years after the Hotel Operations Commencement Date. "Final Certificate" shall mean the Certificate of Completion described in Section 7.01 hereof Financial Statements" shall mean complete financial statements ofthe Developer, Monroe and any guarantors prepared by a certified public accountant in accordance with generally accepted accounting principles and practices consistently applied throughout the appropriate periods, or, ifany such party does not customarily prepare such financial statements, such other financial statements as are customarily prepared by such entities and are reasonably acceptable to DPD. General Contractor" shall mean the general contractor(s) hired by the Developer pursuant to Section 6.01. 15606 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 "Green Roof Work Costs" shall means the actual costs (without any mark-up, overhead, general conditions, fees, profits or other ancillary costs, except to the extent included within the costs charged by the contractors and vendors providing labor or materials in connection with the Green Roof Work) incurred by the Developer in (a) completing such feasibility studies, stmctural analyses, and engineering reports as may be necessary to determine the feasibility of installing a "green roof on the Building, and, ifthe City and Developer jointly determine pursuant to Section 4.03(c) hereof that installing a "green roof is practicable, (b) constmcting and installing the "green roof on the Building, all in accordance with Section 4.03(c) hereof "Guarantee" shall mean the guarantee of one or more direct or indirect owners of Monroe having a creditworthiness reasonably acceptable to DPD, in a form acceptable to the Corporation Counsel guaranteeing certain of the performance and repayment obligations of Monroe under this Agreement or such other security guaranteeing said performance and payment obligations as may be acceptable to the Corporation Counsel. Hazardous Materials" shall mean any toxic substance, hazardous substance, hazardous material, hazardous chemical or hazardous, toxic or dangerous waste defined or qualifying as such in (or for the purposes oO any Environmental Law, or any pollutant or contaminant, and shall include, but not be limited to, petroleum (including cmde oil), any radioactive material or by-product material, polychlorinated biphenyls and asbestos in any form or condition. "Hotel Junior Mortgage" shall mean a Junior Constmction Mortgage substantially in the form of Exhibh K. with such changes required by a senior lender as may be reasonably approved by DPD and the Corporation Counsel, executed by the Developer as, mortgagor, in favor of the City, as mortgagee, securing certain ofthe Developer's performance and repayment obligations under this Agreement with respect to the Hotel Improvements. The Hotel Junior Mortgage shall only be acceptable to the City if as ofthe date ofthe City's payment pursuant to Section 4.03(c)(iii), the appraised value ofthe Hotel Improvements to be constmcted, less the principal indebtedness secured by any senior lender mortgage, is greater than or equal to $1,500,000. "Hotel Operations Commencement Date" shall mean the date on which both (i) the Hotel Conversion Project is substantially complete (even ifthe Final Certificate has not yet issued), which shall be deemed to be the case so long as at least 90% ofthe costs associated with such work have been incurred and the Hotel Improvements may be lawfully occupied for hotel purposes, and (ii) hotel operations actually commence. Lender Financing" shall mean fiinds borrowed by the Developer from lenders and irrevocably available to pay for costs ofthe Project, in the amount set forth in Section 4.01 hereof. "Letter of Credit" shall mean an irrevocable, standby direct pay letter of credit naming the City as the beneficiary in the amount of (a) upon the issuance of the first Partial Completion Certificate related to the Theater Renovation Project, $2,000,000, and (b) upon the issuance ofthe 12/17/2003 REPORTS OF COMMITTEES 15607 second Partial Completion Certificate related to the Theater Renovation Project, the aforesaid amount shall be increased by $2,000,000 to a total of $4,000,000. The Letter of Credit shall be in a form acceptable to the Corporation Counsel, and secure certain ofthe performance and repayment obligations of Monroe under this Agreement. MBE(s)" 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. "MBE/WBE Budget" shall mean the budget attached hereto as Exhibit G-2. as described in Section 10.03. "Mezzanine Lender Financing" shall mean funds borrowed by the Developer from lenders and irrevocably available to pay for costs ofthe Project, in the amount set forth and as described in Section 4.01 hereof. Municipal Code" shall mean the Municipal Code ofthe City ofChicago. "Naming Rights Agreement" shall mean any agreement, whether written or oral, pursuant to which the Developer, Moiuoe, any Affiliate or any other person or entity becomes entitled to receive any payment, credit or other consideration in exchange for any sponsorship, naming, promotional, or advertising rights to the Theafre Improvements, the Shubert Theatre, or any portion thereof Examples ofsuch naming rights agreements, include, without limitation, the agreements applicable to other Loop theaters such as the "Cadillac Palace Theater " and "Ford Oriental Theater." Non-Govemmental Charges" shall mean all non-governmental charges, liens, claims, or encumbrances relating to the Developer, the Property, the Project, or any portion thereof. "Partial Completion Certificate" shall mean the separate certificates of partial completion that the City shall issue upon the Developer's written request upon the Developer's (i) completion of the Theatre and Lobby Work, (ii) completion of the Exterior and Facade Work, and (iii) incurrence of its final Green Roof Work Costs. Permitted Liens" shall mean those liens and encumbrances against the Property and/or the Project set forth on Exhibit F hereto. Plans and Specifications" shall meanfinalconstmction documents containing a she plan and working drawings and specifications for the Project, including, without limitation, signage, as submitted to the City as the basis for obtaining building permits for the Project. Prior Expenditure(s)" shall have the meaning set forth in Section 4.05('a) hereof 15608 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 "Proiect Budget" shall mean the budget attached hereto as Exhibit G-1. showing the total cost of the Project by line item, fiimished by the Developer to DPD, in accordance with Section 3.03 hereof "Property" shall have the meaning set forth in the Recital D ofthis Agreement. "Redevelopment Area" shall have the meaning set forth in Recital C ofthis Agreement. "Redevelopment Plan" shall have the meaning set forth in Recital E ofthis Agreement. "Redevelopment Proiect Costs" shall mean redevelopment project costs as defined in Section 5/11 -74.4-3(q) ofthe Act that are included in the budget set forth in the Redevelopment Plan or otherwise referenced in the Redevelopment Plan. "Reimbursement Event" shall mean an act or omission ofthe Developer, Monroe or either party's Affiliates resulting in an Event ofDefault arising directly from: (i) a material and intentional misrepresentation to the City related to the Project; (ii) a fraudulent act or omission related to the Project; (iii) a material and intentional misappropriation of funds from the uses set forth in the Project Budget resulting in the receipt by the Developer, Monroe or either party's Affiliates of additional fees, commissions or compensation not disclosed in such Project Budget or otherwise approved in WTiiing by DPD; (iv) any intentional or material waste to the Property; (v) use of the ; City Funds for payment or reimbursement of amounts other than the cost of TIF-Funded Costs in breach of Section 8.05: (vi) a breach of the sale, refinancing, assignment and other provisions in Section 8.0Ud) or (i) or Section 18.15; (vii) the occurrence ofany material casualty event with respect to the Project; or any portion thereof, but only if not insured as required by Section 12 ofthis Agreement; (ix) the material misappropriation or misapplication of insurance proceeds or condemnation awards relating to the Property; (x) any material misrepresentation in any Economic Disclosure Statements and Affidavit submitted in connection with the Project; (xi) any receipt of City Funds after the occurrence ofan Event ofDefault (or circumstances which, if known to the City, would give rise to an Event ofDefault); or (xii) a breach ofSection 8.01(1) or Section 18.22. "Requisition Form" shall mean the document, in the form attached hereto as Exhibit!, to be delivered by the Developer to DPD pursuant to Section 4.04 ofthis Agreement. "Scope Drawings" shall mean those certain plans prepared by Booth Hansen Architects, entitled Majestic Building Shubert Theater, consisting of Sheet Nos. 1.0 through 1.7 and 2.0 through 2.5, dated May 21, 2002 depicting existing conditions and proposed plans for the redevelopment project. "Survev" shall mean a Class A plat of survey in the most recently revised form of ALTAyACSM land title survey of the Property dated within 45 days prior to the Closing Date, acceptable in form and content to the City and the Title Company, prepared by a surveyor registered 12/17/2003 REPORTS OF COMMITTEES 15609 in the State of Illinois, certified to the City and the Title Company, and indicating whether the Property is in a flood hazard area as identified by the Unhed States Federal Emergency Management Agency (and updates thereof to reflect improvements to the Property in connection with the constmction ofthe Building and related improvements as required by the City or lender(s) providing Lender Financing). Term ofthe Agreement" shall mean the period of time commencing on the Closing Date and ending December 31, 2008 or such earlier termination ofthis Agreement as provided for herein. "Theatre and Lobby Work" shall have the meaning set forth in Recital D ofthis Agreement. "Theatre Improvements Security Instrument" shall mean either (a) a Guarantee, in form and substance acceptable to the City, in its sole discretion, (b) a Letter of Credit, or (c) a Theafre Junior Mortgage. Provided the Theatre Improvements Security Instrument is one ofthe foregoing, Monroe shall have the right to select which form of security instniment it shall provide in satisfaction ofsuch security requirement. "Theatre Junior Mortgage" shall mean a Junior Constmction Mortgage substantially in the form of Exhibit K. but revised to encumber the Theatre Improvements and secure the secured obligations related to the Theatre Renovation Project, with such additional,changes as may be required by a senior lender as are reasonably approved by DPD and the. Corporation Counsel, executed by the Developer as, mortgagor, in favor of the City, as mortgagee, securing certain of Monroe's performance and repayment obligations under this Agreement with respect to the Theatre Improvements. The Theatre Junior Mortgage shall only be an acceptable Theatre Improvements Security Instmment if as ofthe date ofthe City's payment under either Section 4.03(c)(i) or Section 4.03(c)(ii), whichever occurs first, the appraised value of the Theafre Improvements to be constmcted, less the principal indebtedness secured by any senior lender mortgage, is greater than or equal to $4,000,000. "Theatre Operations Commencement Date" shall mean the date on which both (i) the Theatre and Lobby Work is substantially complete (even ifthe corresponding Partial Completion Certificate has not yet issued), which shall be deemed to be the case so long as at least 90% of the costs associated with such work have been incurred and the may be lawfully occupied for public theatrical productions, and (ii) Monroe stages its first Theatrical Production having a scheduled mn of at least one week in such substantially completed space. Theatre Renovation Proiect" shall have the meaning set forth in Recital D of this Agreement. "Theatre Uses" shall mean any performance, presentation, exhibition, enactment, representation, display or other expressive or communicative use of the Theatre Improvements, including, without limitation. Theatrical Productions, but also including concerts, lectures, speeches, film and multimedia showings and other similar uses. 15610 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 "Theatrical Productions" shall mean theatrical productions reasonably comparable to those historically staged at the Shubert Theatre, including, without limitation, Broadway-type musicals and plays, performance art productions (such as, for example. Blue Man Group), and other live, public theafrical performances requiring paid admission. TIF Adoption Ordinance" shall have the meaning set forth in Recital C ofthis Agreement. TIF-Funded Improvements" shall mean those improvements related to the Theafre Renovation Project which (i) qualify as Redevelopment Project Costs, (ii) are eligible costs under the Redevelopment Plan and (iii) the City has agreed to pay for out ofthe City Funds, subject to the terms ofthis Agreement. Exhibh C lists the TIF-Funded Improvements approved by the City for the Theafre Renovation Project. TIF Ordinances" shall have the meaning set forth in Recital C ofthis Agreement. Title Companv" shall mean Near North Title Insurance Corporation. Title Policv" shall mean an ALTA mortgagee's loan policv oftitle insurance issued bv the Title Company showing fee simple title to the Hotel Improvements in the Developer and fee simple title to the Theafre Improvements in Monroe, and insuring the validity and priority ofthe City's second mortgage lien on the Hotel Improvements. The Title Policy shall note the recording ofthis Agreement as an encumbrance against the Property, and a subordination agreement in favor ofthe City with respect to previously recorded liens against the Property related to Lender Financing, if any. WARN Act" shall mean the Worker Adjustment and Refraining Notification Act (29 U.S.C. Section 2101 et seq.). WBE(s)" 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. SECTIONS. THE REDEVELOPMENT PROJECT 3.01 The Redevelopment Project. Prior tb the Closing Date, the Developer has made application to the Department of Constmction and Permits for the requisite permits required to complete the Theatre Renovation Project and the Hotel Renovation Project. The Developer shall, pursuant to the Plans and Specifications and subject to the provisions ofSection 18.17 hereof, (a) complete the rehabilitation work associated with the Theatre Renovation Project and, in cooperation 12/17/2003 REPORTS OF COMMITTEES 15611 with Monroe, cause the Theatre Operations Commencement Date to occur no later than eighteen (18) months following issuance ofthe permits necessary to commence the Theatre Renovation Project, and (b) complete the rehabilitation work associated with the Hotel Conversion Project and cause the Hotel Operations Commencement Date to occur no later than twenty-four (24) months following issuance ofthe permits necessary to commence the Hotel Conversion Project. 3.02 Scope Drawings and Plans and Specifications. The Developer has delivered the Scope Drawings and Plans and Specifications to DPD and DPD has approved same. After such initial approval, subsequent proposed changes to the Scope Drawings or Plans and Specifications shall be submitted to DPD as a Change Order pursuant to Section 3.04 hereof The Scope Drawings and Plans and Specifications shall at all times conform to the Redevelopment Plan and all applicable federal, state and local laws, ordinances and regulations. The Developer shall submit any additional documents to the City's Department of Constmction and Permits, Department ofTransportation and such other City departments, the Commission on Chicago Landmarks, or govemmental authorities as may be necessary to acquire building permits and other required approvals for the Project. 3.03 Proiect Budget. The Developer has fumished to DPD, and DPD has approved, a Project Budget showing total costs for the Project ofTwenty Four Million Nine Hundred EightySeven Thousand Two Hundred Six and No/100 Dollars ($24,987,206). The Developer hereby •certifies to the City that (a) the City Funds, together with Lender Financing and Equity described in Section 4.01 hereof, shall be sufficient to complete the Project and (b) the Project Budget is tme, correct and complete in all material respects. The Developer shall promptly deliver to DPD certified copies ofany Change Orders with respect to the Project Budget for approval pursuant to Section 3.04 hereof 3.04 Change Orders. Except as provided below, all Change Orders (and documentation substantiating the need and identifying the source of funding therefor) relating to material changes to the Project must be submitted by the Developer to DPD concurrently with the progress reports described in Section 3.07 hereof; provided, that any Change Order relating to any ofthe following must be submitted by the Developer to DPD for DPD's prior written approval, which approval shall be in DPD's sole discretion: (a) a reduction in the square footage ofthe Building by more than 5%; (b) a change in the scope or character of the Theatre and Lobby Work or the Exterior and Facade Work; (c) a delay in the completion ofany required action enumerated in Section 3.01 by more than 120 days; or (d) Change Orders costing more than $100,000 each, to an aggregate amount of $500,000. The Developer shall not authorize or permit the performance ofany work relating to any Change Order or the tumishing of materials in connection therewith prior to the receipt by the Developer of DPD's written approval (to the extent required in this section). 3.05 DPD Approval. Any approval granted by DPD of the Scope Drawings, Plans and Specifications and the Change Orders is for the purposes ofthis Agreement only and does not affect or constitute any approval required by any other City department or pursuant to any City ordinance, code, regulation or any other govemmental approval, nor does any approval by DPD pursuant to this 15612 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Agreement constitute approval ofthe quality, stmctural soundness or safety ofthe Property or the Project. 3.06 Other Approvals. Any DPD approval under this Agreement shall have no effect upon, nor shall it operate as a waiver of, the Developer's obligations to comply with the provisions of Section 5.03 (Other Govemmental Approvals) hereof The Developer shall not commence constmction of the Project (or, if constmction is done on a phased basis, the applicable phase thereof) until the Developer has obtained all necessary permits and approvals (including but not limited to DPD's approval of the Scope Drawings and Plans and Specifications) and proof of the General Contractor's and each subcontractor's bonding as required hereunder (as applicable to any phase). 3.07 Progress Reports and Survev Updates. The Developer shall provide DPD with written monthly progress reports detailing the status ofthe Project, including a revised completion date, if necessary (with any change in completion date being considered a Change Order, requiring DPD's written approval pursuant to Section 3.04). and including the following: a) Escrow disbursement reports; b) owner's swom statements; c) General Contractor's swom statements; d) partial or final waivers-of-lien; e) all inspecting architect reports; and f) invoices, receipts and canceled checks for expenditures not disbursed from the Escrow. The Developer shall provide three (3) copies ofan updated Survey to DPD upon the request of DPD or any lender providing Lender Financing, reflecting improvements made to the Property. 3.08 Inspecting Agent or Architect. An independent agent or architect (which the City agrees shall be the inspecting architect for the lender providing the Lender Financing, provided such inspecting architect is reasonably acceptable to DPD) shall be selected to act as the inspecting agent or architect, at the Developer's expense, for the Theatre Renovation Project. The inspecting agent or architect shall perform periodic inspections with respect to the Theatre Renovation Project, providing certifications with respect thereto to DPD, prior to requests for disbursement for costs related to the Theatre Renovation Project hereunder. 3.09 Barricades. Prior to commencing any constmction requiring barricades, the Developer shall install a constmction barricade ofa type and appearance satisfactory to the City and constmcted in compliance with all applicable federal, state or City laws, ordinances and regulations. DPD retains the right to approve the maintenance, appearance, color scheme, painting, nature, type, content and design ofall barricades. 3.10 Signs and Public Relations. The Developer shall erect a sign ofsize and style approved by the City in a conspicuous location on the Property during the Project, indicating that financing has been provided by the City. The City reserves the right to include the name, photograph, artistic rendering ofthe Project and other pertinent information regarding the Developer, the Property and the Project in the City's promotional literature and communications. 12/17/2003 REPORTS OF COMMITTEES 15613 3.11 Utility Connections. The Developer may connect all on-site water, sanitary, storm and sewer lines constmcted on the Property to City utility lines existing on or near the perimeter ofthe Property, provided the Developer first complies with all City requirements goveming such connections, including the payment of customary fees and costs related thereto. 3.12 Permit Fees. In connection with the Project, the Developer shall be obligated to pay only those building, permit, engineering, tap on and inspection fees that are assessed on a uniform basis throughout the City ofChicago and are of general applicability to other property within the City ofChicago. Notwithstanding Chapter 2-120-815 ofthe Municipal Code, no fee waivers will be provided with respect to any landmark or historic preservation work. SECTION 4. FINANCING 4.01 Total Proiect Cost and Sources of Funds. The cost of the Project is estimated to be $24,987,206, to be applied in the manner set forth in the Project Budget. Such costs shall be funded from the following sources: Equity (subject to Sections 4.03(b) and 4.06) Lender Financing and Mezzanine Financing Citv Funds (subject to Section 4.03) $ 3,350,000 16,137,206 5,500,000 ESTIMATED TOTAL $ 24,987,206 The Developer may reduce the Lender Financing and/or Mezzanine Financing through additional equity raised by a syndication of historic tax credits, a facade easement donation or through other sources. City Funds are subject to increase by up to an addhional $250,000 as described in Section 4.03(b) and by another additional $250,000 as described in Section 4.03(c). 4.02 Developer Funds. Subject to the Citv's reimbursement pavments pursuant to Sections 4.03(b) and (c). Equity, Mezzanine Lender Financing and/or Lender Financing shall be initially used to pay all Project costs, including but not limited to Redevelopment Project costs and costs of TIFFunded Improvements. 4.03 City Funds. (a) Uses of Citv Funds. City Funds may only be used to pay directly or reimburse the Developer for costs of TIF-Funded Improvements that constitute Redevelopment Project Costs. Exhibit C sets forth, by line item, the TIF-Funded Improvements for the Theatre Renovation Project, and the maximum amount of costs that may be paid by or reimbursed from City Funds for each line item therein (subject to Section 4.03(b) and Section 4.05(d)). contingent upon receipt by the City of documentation satisfactory in form and substance to DPD evidencing such cost and its eligibility as a Redevelopment Project Cost. 15614 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (b) Sources of Citv Funds Subject to the terms and condhions ofthis Agreement, including, but not limited to, this Section 4.03 and Section 5 hereof, the City hereby agrees to provide City funds from Bond Proceeds or other legally available funds ofthe City (the "City Funds") to pay for or reimburse the Developer for the costs of TIF-Funded Improvements as follows: (i) within thirty (30) days following the latest to occur of (A) completion ofthe Theatre and Lobby Work, as evidenced by the issuance of a Partial Completion Certificate, (B) the occurrence of the Theatre Operations Commencement Date, and (C) delivery of the Theatre Improvements Security Instmment to the City in the amount of $2,000,000, the City shall pay the Developer $2,000,000 from Bond Proceeds or other legally available funds; (ii) within thirty (30) days following the latest to occur of (A) completion ofthe Exterior and Facade Work, as evidenced by the issuance of a Partial Completion Certificate, and (B) deliver}- of an additional Theatre Improvements Security Instmment to the City (or an amendment to any such previously delivered instmment) increasing the total amount ofthe security to $4,000,000, the City shall pay the Developer $2,000,000 from Bond Proceeds or other legally available funds; and (iii) within thirty (30) days following the latest to occur of (A) completion ofthe Hotel Conversion Project, and (B) occurrence of the Hotel Operations Commencement Date, as evidenced by the issuance ofa Final Certificate, the City shall pay the Developer $ 1,500,000 from Bond Proceeds or other legally available ftinds; provided, however, that, subject to the next paragraph and Section 4.03(c). the total principal amount of City Funds expended for TIF-Funded Improvements shall be an amount not to exceed the lesser of Five Million Five Hundred Thousand Dollars ($5,500,000) or twenty-two and one-one hundredth percent (22.01%) ofthe actual total Project costs. Notwithstanding the $5,500,000 limitation set forth above, if on the date the City issues its Final Certificate pursuant to Section 7.01 ofthis Agreement, or within three (3) months ofsuch date, Monroe delivers (x) its written certification to the City that no Naming Rights Agreement has yet been entered into, and (y) evidence of expenditure ofthe Developer's incurrence ofan additional $250,000 in costs for TIF-Funded Improvements, the City shall pay an additional $250,000 in City Funds to the Developer. If such certification occurs and the City makes such payment, and thereafter at any time prior to the Fifth Anniversary Date, any Naming Rights Agreement is entered into, Monroe shall promptly reimburse the City $250,000. Monroe shall give the City prompt written notice of execution of any Naming Rights Agreement. The obligations set forth in this paragraph shall be secured by the Theatre Improvements Security Instmment and shall survive the 12/17/2003 REPORTS OF COMMITTEES 15615 Term ofthe Agreement through such Fifth Anniversary Date and shall be a covenant mnning with the land binding upon any owner ofthe Property, or any portion thereof The City Funds shall be available to pay costs related to TIF-Funded Improvements and allocated by the City for that purpose only so long and to the extent that: (i) No act or omission which, with the giving of notice or passage of time or both, would give rise to an Event ofDefault, has occurred and is continuing; and (ii) The City's obligation to make payments under this Agreement shall not have terminated or been canceled. The Developer and Monroe acknowledge and agree that the City's obligation to pay for TIF-Funded Improvements is contingent upon the fiilfillment of the conditions set forth above and the Developer's incurrence of sufficient rehabilitation costs associated with the Theatre Renovation Project to support such reimbursement. In the event that such conditions are not fulfilled, the amount of Equity to be contributed by the Developer pursuant to Section 4.01 hereof shall increase proportionately. (c) Green Roof Work Costs. The City and the Developer intend to explore the feasibility of installing a "green roof on the Building. The Developer agrees to undertake such feasibility studies, stmctural analyses and engineering reports as may be reasonable to determine whether such installation is feasible and can reasonably be expected to be completed for not more than $300,000. After such due diligence materials have been prepared, the Developer shall provide the City with copies ofsuch materials and, after both parties' review, each shall promptly advise the other as to whether it believes the installation is feasible emd can be reasonably be expected to be completed for no more than $300,000. If both parties agree that the green roof is feasible, then Developer shall prepare additional Plans and Specifications covering such work for DPD's review and approval and, following such approval, shall complete such "green roof installation work. Upon completion of such work, and the City's inspection and approval of such work, the City shall issue the Developer a Partial Completion Certificate covering such work. Ifone or both parties determine that the green roof is not feasible, then the Developer shall have no further obligation to constmct the green roof In either instance, the Developer shall thereafter be entitled to submit a Requisition Form for the Green Roof Work Cost and the City shall, within thirty (30) days of receipt ofthe Requisition Form, reimburse the Developer for the Green Roof Work Costs, up to a maximum of $250,000. (d) Funds for Pavment. The City may use any Bond Proceeds or other legally available funds to make payments due under this Agreement. (e) Conditional Grant of City Funds. The City Funds provided hereunder are being provided 15616 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 on a conditional basis subject to the Developer's and Monroe's respectively applicable compliance with the requirements ofthis Agreement. 4.04 Requisition Form. Upon satisfaction ofthe conditions precedent to payment specified in Section 4.03(b) and for each such specified payment, the Developer shall be entitled to submit to DPD a Requisition Form, along with the documentation described therein and otherwise reasonably requested by DPD. If requested, the Developer shall meet with DPD at the request of DPD to discuss the Requisition Form(s) previously delivered. 4.05 Treatment of Prior Expenditures and Subsequent Disbursements. (a) Prior Expenditures. Only those expenditures made by the Developer with respect to the Project prior to the Closing Date, evidenced by documentation satisfactory to DPD and approved by DPD as satisiying costs covered in the Project Budget, shall be considered previously contributed Equity or Lender Financing hereunder (the Prior Expenditures"). DPD shall have the right, in its sole discretion, to disallow any such expenditure as a Prior Expenditure. Exhibit H hereto sets forth the prior expenditures approved by DPD as Prior Expenditures. Prior Expenditures made for items other than TIF-Funded Improvements shall not be reimbursed to the Developer, but shall reduce the amount of Equity and/or Lender Financing required to be contributed by the Developer pursuant to Section 4.01 hereof (b) Allocation Among Line Items. Disbursements for expenditures related to TIF-Funded. Improvements may be allocated to and charged against the appropriate line only, with transfers of costs and expenses from one line item to another, without the prior written consent of DPD, being prohibited; provided, however, that such transfers among line items, in an amount not to exceed $50,000 in the aggregate, may be made without the prior written consent of DPD. 4.06 Cost Overmns. If the aggregate cost of the TIF-Funded Improvements exceeds City Funds available pursuant to Section 4.03 hereof, or ifthe cost of completing the Project exceeds the Project Budget, the Developer shall be solely responsible for such excess cost, and shall hold the City harmless from any and all costs and expenses of completing the TIF-Funded Improvements in excess of City Funds and of completing the Project. 4.07 Preconditions of Disbursement. Prior to each disbursement of City Funds hereunder by the City, the Developer shall submit documentation regarding the applicable expenditures to DPD, which shall be satisfactory to DPD in its sole but good faith discretion. Delivery by the Developer to DPD ofany request for disbursement of City Funds hereunder shall, in addition to the items therein expressly set forth, constitute a certification to the City, as ofthe date ofsuch request for disbursement, that: (a) the total amount of the disbursement request represents the actual cost of the actual amount payable to (or paid to) the General Contractor and/or subcontractors and other vendors, 12/17/2003 REPORTS OF COMMITTEES 15617 consultants and payees who have performed work on the Theatre Renovation Project (or related to Green Roof Work Costs), and/or their payees; (b) all amounts shown as previous payments on the current disbursement request have been paid to the parties entitled to such payment; (c) the Developer has approved all work and materials for the current disbursement request, and such work and materials conform to the Plans and Specifications; (d) the representations and warranties contained in this Redevelopment Agreement are tme and correct and the Developer and Monroe are in compliance with the respectively applicable covenants contained herein; (e) neither the Developer nor Monroe has received any notice or has any knowledge ofany liens or claim of lien either filed or threatened against the Property except for the Permitted Liens; (f) no Event ofDefault or condition or event which, with the giving of notice or passage of time or both, would constitute an Event ofDefault exists or has occurred; and (g) the Project is In Balance. The Project shall be deemed to be in balance ( In Balance") only ifthe total of the available Project funds equals or exceeds the aggregate of the amount necessary to pay ali unpaid Project costs incurred or to be incurred in the completion of the Project; Available Project Funds" as used herein shall mean: (i) the undisbursed City Funds; (ii) the undisbursed Mezzanine Lender Financing and Lender Financing, ifany; (iii) the undisbursed Equity and (iv) any other amounts deposited by the Developer pursuant to this Agreement. The Developer hereby agrees that, ifthe Project is not In Balance, the Developer shall, within 10 days after a written request by the City, deposit with the escrow agent or shall make available (in a manner acceptable to the City), cash in an amount that shall place the Project In Balance, which deposit shall first be exhausted before any fiirther disbursement ofthe City Funds shall be made. The Developer may attach any supporting certificate from Monroe as it deems necessary or appropriate in connection with its making ofthe above certifications and delivering ofany Requisition Form. The City shall have the right, in its discretion, to require the Developer and Monroe to submit such further documentation as may be respectively applicable in order to verify that the matters certified to above are tme and correct, and any disbursement by the City shall be subject to the City's review and approval ofsuch documentation and its satisfaction that such certifications are tme and correct; provided, however, that nothing in this sentence shall be deemed to prevent the City from relying on such certifications by the Developer (and, if applicable, Monroe). In addition, the Developer and Monroe shall have satisfied all other respectively applicable preconditions of disbursement of City Funds for each disbursement, including but not limited to requirements set forth in the Bond Ordinance, ifany, the Bonds, ifany, the TIF Ordinances and/or this Agreement. 15618 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 SECTION 5. CONDITIONS PRECEDENT The following conditions have been complied with to the City's satisfaction on or prior to the Closing Date: 5.01 Proiect Budget. The Developer has submitted to DPD, and DPD has approved, a Project Budget in accordance with the provisions ofSection 3.03 hereof 5.02 Scope Drawings and Plans and Specifications. The Developer has submitted to DPD, and DPD has approved, the Scope Drawings and Plans and Specifications accordance with the provisions ofSection 3.02 hereof 5.03 Other Govemmental Approvals. The Developerhas applied for all necessary approvals and permits required by any state, federal, or local statute, ordinance or regulation and has submitted evidence thereof to DPD. 5.04 Financing. The Developer and Monroe has each fumished its operating agreement and the Developer has fumished the executed loan documents relating to the Equity, Mezzanine Lender Financing and Lender Financing in the amounts set forth in Section 4.01 establishing that the proceeds thereof are available to be drawn upon by the Developer as needed and.are sufficient (along with other sources set forth in Section 4.01 to complete the Project. The Developer has delivered to DPD a copy of the Escrow Agreement entered into by the Developer regarding the Lender Financing (and, if applicable, the funding ofthe Equity and Mezzanine Financing). Any Hens against the Property in existence at the Closing Date have been subordinated to certain encumbrances ofthe City set forth herein pursuant to a Subordination Agreement, in a form acceptable to the City, executed on or prior to the Closing Date, which is to be recorded, at the expense ofthe Developer, with the Office ofthe Recorder of Deeds of Cook County. 5.05 Title. On'the Closing Date, the Developer has fumished the City with a copy of a Title Policy for the Property, certified by the Title Company showing fee simple title to the Hotel Improvements in the Developer and fee simple title to the Theatre Improvements in Monroe, and insuring the second priority junior mortgage lien ofthe City with respect to the Hotel Improvements. The Title Policy shall be dated as ofthe Closing Date and contain only those title exceptions listed as Permitted Liens on Exhibit F hereto and evidences the recording ofthis Agreement pursuant to the provisions ofSection 8.18 hereof The Title Policy also contains such endorsements as shall be required by Corporation Counsel, including but not limited to a pending disbursements endorsement, an owner's comprehensive endorsement and satisfactory endorsements regarding zoning (3.1 with parking), location and survey. The Developer has provided to DPD, on or prior to the Closing Date, documentation related to Monroe's purchase ofthe Property and Monroe's conveyance ofthe Hotel Improvements to the Developer and copies ofall easements and title exception documents. 12/17/2003 REPORTS OF COMMITTEES 15619 5.06 Evidence of Clean Title. The Developer, at its own expense, has provided the City with searches under the names of Monroe and the Developer, and, if applicable, any guarantor(s), as follows: Secretary of State Secretary of State Cook County Recorder Cook County Recorder Cook County Recorder Cook County Recorder Cook County Recorder U.S. District Court Clerkof Circuit Court, Cook County U.S. Bankmptcy Court UCC search Federal tax search UCC search Fixtures search Federal tax search State tax search Memoranda of judgments search Pending suits and judgments Pending suits, judgments and bankmptcy Bankmptcy showing no liens against the such parties, the Property or any fixtures now or hereafter affixed thereto, except for the Permitted Liens, and no other matters unacceptable to the City. 5.07 Survevs. The Developer has fumished the City with tliree (3) copies ofthe Survey. 5.08 Insurance. The Developer and: Monroe, at their own expense, haye^insured their respective portions ofthe Property in accordance with Section 12 hereof, and deliveredcertificates required pursuant to Section 12 hereof evidencing the required coverages to DPD. 5.09 Opinion ofthe Developer's Counsel. On the Closing Date, the Developer and Monroe have each fumished the City with an opinion of counsel, substantially in the form attached hereto as Exhibit I. with such changes as required by or acceptable to Corporation Counsel. 5.10 Evidence of Prior Expenditures. The Developer has provided evidence satisfactory to DPD in its sole discretion ofthe Prior Expenditures in accordance with the provisions of Section 4.05(a) hereof 5.11 Financial Statements. The Developer has provided the Financial Statements to DPD for the most recent fiscal year, and certified interim financial statements. 5.12 Documentation. The Developer has provided documentation to DPD, satisfactory in form and substance to DPD, with respect to current employment matters. 5.13 Environmental. The Developer has provided DPD with copies ofthat certain phase I environmental audit completed with respect to the Property and any phase II environmental audit with respect to the Property required by the City. The Developer has provided the City with a letter from the environmental engineer(s) who completed such audit(s), authorizing the City to rely on such audits. 15620 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 5.14 Corporate Documents: Economic Disclosure Statement. The Developer and Monroe has each provided a copy ofits Articles of Organization containing the original certification ofthe Secretary of State ofits state of organization; certificates of existence from the Secretary of State of its state of incorporation and all other states in which it is qualified to do business; a manger's or managing member's certificate in such form and substance as the Corporation Counsel may require; the operating agreement for the corporation; and such other organizational documents as may be applicable. The Developer and Monroe have provided to the City all required Economic Disclosure Statements, in the City's then current form, dated as ofthe Closing Date. 5.15 Litigation. The Developer and Monroe, as applicable, have provided to Corporation Counsel and DPD, a description ofall pending or threatened litigation or administrative proceedings involving the Developer, Monroe and, if applicable, any guarantor(s), specifying, in each case, the amount of each claim, an estimate of probable liability, the amount of any reserves taken in connection therewith and whether (and to what extent) such potential liability is covered by insurance. 5.16 Hotel Junior Mortgage. The Developer shall have delivered to the City the Hotel Junior Mortgage (and, if applicable, the Theatre Junior Mortgage) and such financing statements as the City may reasonably require. Notwithstanding the equity requirement imposed under the definitions for such mortgages, such mortgages shall be deemed delivered under this Section 5.16 so long as they are in the form of Exhibit K and such equity requiremem is subsequently satisfied at the applicable point in time. 5.17 Landmark Designation. The Developer and Monroe shall have provided written consent to the designation by the City of the Building as a City of Chicago Landmark under the City's Landmark Ordinance and the Developer shall have provided the Landmarks Division of DPD with a preliminary designation report in a form reasonably acceptable to DPD. The features identified in Exhibit E-2 shall be identified as the significant historical features in such preliminary designation report. SECTION 6. AGREEMENTS WITH CONTRACTORS 6.01 Bid Requirement for General Contractor and Subcontractors, (a) Except as set forth in Section 6.01(b) below, prior to entering into an agreement with a General Contractor or any subcontractor for constmction ofthe Project, the Developer shall solicit, or shall cause the General Contractor to solicit, bids from qualified contractors eligible to do business with the City ofChicago, and shall submit all bids received to DPD for its inspection and written approval, (i) For the TIFFunded Improvements, the Developer shall select the General Contractor (pr shall cause the General Contractor to select the subcontractor) submitting the lowest responsible bid who can complete the Project in a timely manner. Ifthe Developer selects a General Contractor (or the General Contractor 12/17/2003 REPORTS OF COMMITTEES 15621 selects any subconfractor) submitting other than the lowest responsible bid for the TIF-Funded Improvements, the difference between the lowest responsible bid and the bid selected may not be paid out of City Funds. The Developer shall submit copies ofthe Constmction Contract to DPD in accordance with Section 6.02 below. The Developer shall ensure that the General Contractor shall not (and shall cause the General Contractor to ensure that the subcontractors shali not) begin work on the Project until the Plans and Specifications have been approved by DPD and all requisite permits have been obtained. (b) ff, prior to entering into an agreement with a General Contractor for constmction ofthe Project, the Developer does not solicit bids pursuant to Section 6.01(a) hereof, then the fee of the General Contractor proposed to be paid out of City Funds shall not exceed 10% ofthe total amount ofthe Constmction Contract. Except as explicitly stated in this paragraph, all other provisions of Section 6.01(a) shall apply, including but not limited to the requirement that the General Contractor shall solicit competitive bids from all subcontractors. 6.02 Constmction Confract. Prior to the execution thereof, the Developer shall deliver to DPD a copy ofthe proposed Constmction Contract with the General Contractor selected to handle the Project in accordance with Section 6.01 above, for DPD's prior written approval (which shall be limited to determining whether such contract tonforms to the requirements ofthis Agreement), which shall be granted or denied within ten (10) business days after delivery thereof Within ten (10) business days after execution of such contract by the Developer, the General Contractor and any other parties thereto, the Developer shall deliver to DPD and Corporation Counsel a certified copy of such contract together with any modifications, amendments or supplements thereto. 6.03 Performance and Pavment Bonds. Prior to the commencement of any portion of the Project which includes work on the public way, the Developer shall require that the General Contractor be bonded for its payment by sureties having an AA rating or better using a bond in a form reasonably acceptable to the City. The City shall be named as obligee or co-obligee on any such bonds. 6.04 Employment Opportunity. The Developer shall contractually obligate and cause the General Conttactor and each subcontractor to agree to the provisions ofSection 10 hereof 6.05 Other Provisions. In addition to the requirements of this Section 6. the Constmction Contract and each contract with any subcontractor shall contain provisions required pursuant to Section 3.04 (Change Orders), Section 8.09 (Prevailing Wage), Section 10.01(e) (Employment Opportunity). Section 10.02 (City Resident Employment Requirement). Section 10.03 (MBE/WBE Requirements, as applicable). Section 12 (Insurance) and Section 14.01 (Books and Records) hereof Photocopies ofall contracts or subcontracts entered or to be entered into in connection with the TIFFunded Improvements shall be provided to DPD within five (5) business days ofthe execution thereof 15622 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 SECTION 7. COMPLETION OF REHABILITATION 7.01 Certificate of Completion, (a) Final Certificate. Upon completion of the rehabilitation of the Project in accordance with the terms of this Agreement, including, without limitation, the Theafre Renovation Project and occurrence ofthe Theatre Operations Commencement Date, the Hotel Conversion Project and the Hotel Operations Commencement Date, and compliance with the requirements ofSection 8.09 and Section 10. and upon the Developer's written request, DPD shall issue to the Developer a final certificate of completion (the "Final Certificate") in recordable form certifying that the Developer has fulfilled its obligation to complete the rehabilitation work associated with the Project and has commenced operations in accordance with the terms of this Agreement. DPD shall respond to the Developer's written request for a Final Certificate within forty-five (45) days by issuing either a Final Certificate or a written statement detailing the ways in which the Project does not conform to this Agreement or has not been satisfactorily completed, and the measures which must be taken by the Developer in order to obtain the Final Certificate. (b) Partial Certificates. Prior to the issuance ofsuch Final Certificate, DPD shall issue to the Developer, upon the Developer's written request. Partial Completion Certificates upon completion ofthe conditions precedent specified in the definition thereof and in Sections 4.03(b) and (c) so long as the City reasonably concludes that upon completion ofthe Project, the Developer shall have met its obligations under Section 8.09 and Section 10. 7:02 Effect of Issuance of Certificate: Continuing Obligations. The Partial Completion Certificates and Final Certificate issued pursuant to Section 7.01 hereof relate only to the portion(s) ofthe Project described therein. After the issuance ofany such certificate, all remaining executory terms and conditions ofthis Agreement and all representations and covenants contained herein shall continue to remain in full force and effect throughout the Term ofthe Agreement as to the parties described in the following paragraph, and the issuance ofthe any such certificate hereunder shall not be constmed as a waiver by the City of any of its rights and remedies pursuant to such executory terms. The transfer on ownership restrictions in Sections 8.01(d) and (i) and the covenants in Sections 8.02. 8.20, 8.21 . 8.22 and 8.23 shall be covenants that mn with the land throughout the Term ofthe Agreement or such longer period as may be applicable notwithstanding the issuance of any Partial Certificate or a Final Certificate and are the only covenants in this Agreement intended to be binding upon any transferee ofthe Property (including an assignee as described in the following sentence). However, upon the issuance of a Partial Certificate, the conditions precedent to the issuance ofsuch certificate shall be deemed to have been fulfilled, and upon the issuance of a Final Certificate, the covenants set forth in Section 8.02 (as well as the Developer's obligations under Section 8.09 and Section 10) shall be deemed to have been fiilfilled. The other executory terms of this Agreement that remain after the issuance of a Final Certificate shall be binding only upon the Developer and Monroe, as applicable, or a permitted assignee ofsuch party who, pursuant to Section 18.15 ofthis Agreement, has contracted to take an assignment ofsuch party's rights under this Agreement and assume such party's liabilities hereunder. 12/17/2003 REPORTS OF COMMITTEES 15623 7.03 Failure to Complete, (a) Theatre Renovation Proiect. If the Developer fails to complete the Theatre Renovation Project (as evidenced by the issuance ofthe two applicable Partial Completion Certificates by the date set forth under Section 3.01(a). as such date may be extended pursuant to this Agreement) in accordance with the terms ofthis Agreement, then the City shall have the right to: (i) terminate this Agreement, cease all disbursement of City Funds not yet disbursed pursuant hereto, and exercise its rights and remedies under the Theatre Improvements Security Instmment (ifany has been delivered); (ii) seek reimbursement from the Developer initially (and, ifthe Developer does not timely reimburse the City, then from Monroe) IfDeveloper does not make any required payment; and (iii) unless and until the City has been fully reimbursed by the Developer (or Monroe) for all City Funds previously paid to the Developer, enforce the covenants in Section 8.20 and Section 8.21. I f the Developer completes the Theafre Renovation Project but the Hotel Conversion Project is not completed, then, so long as the requirements of Section 8.09 and Section IQ have been satisfied with respectto the rehabilitation work undertaken, then City's only remedy in such instance shall be to withhold from the DevelojDer the $1,500,000 payment provided for in Section 4.03(b)(iii). However, ifthe Developer completes the Theatre Renovation Project, but the Hotel Conversion Project is not completed, and the requirements of Section 8.09 and Section 10 have not been satisfied with respect to the rehabilitation work undertaken, the City shall have both the right to withhold the $1,500,000 payment and to exercise any remedies set forth in this Section 7.03(a) above. (b) Hotel Conversion Proiect. If the Developer fails to complete the Hotel Conversion Project (as evidenced by the issuance the Final Certificate) in accordance with the terms of this Agreement, then the City shall have the right to withhold the $1,500,000 payment provided for in Section 4.03(b)(iii) and to consent to any change in use of the Hotel Improvements from the use specified in Section 8.21(b). In addition, ifthe requirements ofSection 8.09 and Section 10 have not been satisfied with respect to the rehabilitation work undertaken under this Agreement, the City shall have also have the right to exercise any reniedies set forth in this Section 7.03(a). (c) Failure to Complete Remedies. This Section 7 governs a failure to complete the Theafre Renovation Project, or a failure to complete the Hotel Conversion Project, or a failure to complete both such projects. If both such projects are completed (as evidenced by the issuance ofa Final Certificate by the date set forth under Section 3.01(b)). and an Event of Default thereafter occurs, the City's remedies shall be as set forth in Section 15.02, and not as set forth in Section 7.03 above. 15624 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 7.04 Notice of Expiration of Term of Agreement. Upon the expiration of the Term of the Agreement, DPD shall provide the Developer, at the Developer's written request, with a written notice in recordable form stating that the Term ofthe Agreement has expired. SECTION 8. COVENANTS/REPRESENTATIONS/WARRANTIES OF THE DEVELOPER. 8.01 General. Each ofthe Developer and Monroe, solely to the extent applicable, severally represent, warrant and covenant as to itselfand its activities, as ofthe date ofthis Agreement and during the Term of the Agreement, or such longer period as may be expressly provided for herein, that: (a) it is an Illinois limited liability company, duly organized, validly existing, qualified to do business in its state of organization and Illinois, and licensed to do business in any other state where, due to the nature of its activities or properties, such qualification or license is required; (b) it has the right, power and authority to enter into, execute, deliver and perform this Agreement; (c) its execution, delivery and performance ofthis Agreement has been duly authorizsd by all necessary limited liability company action, and does not and will not violate its Articles of Organization and operating agreement as amended and supplemented, any applicable provision of law, or constitute a breach of, default under or require any consent under any agreement, instmment or document to which it is now a party or by which the it is now or may become bound; (d) during the Term ofthe Agreement, unless otherwise permitted or not prohibited pursuant to or under the terms ofthis Agreement, it shall maintain good, indefeasible and merchantable fee simple title to the portion ofthe Property that it owns (as described in Recital D) free and clear of all liens (except for the Permitted Liens, Lender Financing as disclosed in the Project Budget and non-govemmental charges that the Developer or Monroe, as applicable, is contesting in good faith pursuant to Section 8.15 hereof); (e) it is now, and for the Term of the Agreement shall remain, solvent and able to pay its debts as they mature; (f) there are no actions or proceedings by or before any court, govemmental commission, board, bureau or any other administrative agency pending, or to its knowledge, threatened or affecting it which would materially impair its ability to perform under this Agreement; (g) it has and shall maintain (or, prior to any applicable constmction phase, shall obtain and thereafter maintain) all govemment pennits, certificates and consents (including, without limitation. 12/17/2003 REPORTS OF COMMITTEES 15625 building permits and appropriate environmental approvals) necessary to conduct its business and, if applicable, to constmct, complete and operate the Project; (h) it is not in default with respect to any indenture, loan agreement, mortgage, deed, note or any other agreement or instmment related to the borrowing of money for the Theatre Renovation Project or Hotel Conversion Project, as applicable, to which it is a party or by which it is bound; (i) any Financial Statements submitted by it are, and when hereafter required to be submitted shall be, complete, correct in all material respects and accurately present its assets, liabilities, results of operations and financial condition, and there has been no material adverse change in its assets, liabilities, results of operations or financial condition since the date ofthe Developer's most recent Financial Statements; (j) during the Term ofthe Agreement, it shall not do any ofthe following without the prior written consent of DPD: (1) be a party to any merger, liquidation or consolidation, except that both Developer and Monroe shall be free to reorganize their company stmcture so long as at least 51% ofeach entity's membership interests continue to be held by entities or persons (or Affiliates ofsuch entities or persons) holding such interests as of the date hereof and the parties have the same managing members; (2) directly or indirectly sell, transfer, convey, lease or otherwise dispose ofall or substantially all ofits assets or its interest any portion ofthe Property (including bul not limited to any fixtures or equipment now or hereafter attached thereto) except to an Affiliate and as may be . ' permitted under clause (1); (3) enter into any transaction outside the ordinary course ofthe Developer's business; (4) assume, guarantee, endorse, or otherwise become liable in connection with the obligations of any other person or entity; or (5) enter into any transaction that would cause a material and detrimental change to its financial condition and ability to perform its obligations under this Agreement; (k) it has not incurred, and, prior to the issuance ofa Final Certificate, shall not, wathout the prior written consent of the Commissioner of DPD, allow the existence of any liens against the respective portions of the Property (or improvements thereon) other than the Permitted Liens; or incur any indebtedness, secured or to be secured by the Property (or improvements thereon) or any fixtures now or hereafter attached thereto, except Lender Financing disclosed in the Project Budget. (1) has not made or caused to be made, directly or indirectly, any payment, gratuity or offer of employment in connection with the 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 it in violation of Chapter 2-156120 ofthe Municipal Code ofthe City. 8.02 Covenant to Redevelop. Upon DPD's approval of the Project Budget, the Scope Drawings and Plans and Specifications as provided in Sections 3.02 and 3.03 hereof and the Developer's receipt ofall required building permits and govemmental approvals, the Developer shall 15626 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 redevelop the Property in accordance with this Agreement and all Exhibits attached hereto, the TIF Ordinances, the Bond Ordinance, the Scope Drawings, Plans and Specifications, Project Budget and all amendments thereto, and all federal, state and local laws, ordinances, mles, regulations, executive orders and codes applicable to the Project, the Property and/or the Developer. The covenants set forth in this Section shall mn with the land and be binding upon any transferee, but shall be deemed satisfied upon issuance by the City ofa Final Certificate. 8.03 Redevelopment Plan. The Developer represents that the Project is and shall be in compliance with all ofthe terms ofthe Redevelopment Plan. 8.04 Use of Citv Funds. City Funds disbursed to the Developer shall be used by the Developer solely to pay for (or to reimburse the Developer for its payment for) the TIF-Funded Improvements as provided in this Agreement. 8.05 Other Bonds. The Developer and Monroe shall, at the request of the City, agree to any reasonable amendments to this Agreement that are necessary or desirable in order for the City to issue (in its sole discretion) any additional bonds in connection with the Redevelopment Area, the proceeds ofwhich may be used to reimburse the City for expenditures made in connection with, or provide a source of funds for the payment for, the TIF-Funded Improvements ( Other Bonds"); provided, however, that any such amendments shall not have a material adverse effect on the Developer, Monroe or the Project. The Developer and Monroe shall, at each party's expense, • cooperate and provide reasonable assistance in connection with the marketing of any such Other Bonds, including but not limited to providing written descriptions of the Project; making representations, providing information regarding its financial condition and assisting the City in preparing an offering statement with respect thereto. 8.06 Jobs Covenant. [Intentionally Omitted.] 8.07 Employment Opportunitv: Progress Reports. The Developer covenants and agrees to abide by, and contractually obligate and use reasonable efforts to cause the General Contractor and each subcontractor to abide by the terms set forth in Section 10 hereof The Developer shall deliver to the City written progress reports detailing compliance with the requirements of Sections 8.09. 10.02 and 10.03 ofthis Agreement. Such reports shall he delivered to the City when the Project is 25%, 50%, 70% and 100% completed (based on the amount of expenditures incurred in relation to the Project Budget). Ifany such reports indicate a shortfall in compliance, the Developer shall also deliver a plan to DPD which shall outline, to DPD's satisfaction, the manner in which the Developer shall correct any shortfall. 8.08 Employment Profile. The Developer shall submit, and contractually obligate and cause the General Contractor or any subcontractor to submit, to DPD, from time to time, statements ofits employment profile upon DPD's request. 12/17/2003 REPORTS OF COMMITTEES 15627 8.09 Prevailing Wage. The Developer covenants and agrees to pay, and to contractually obligate and cause the General Confractor and each subcontractor to pay, the prevailing wage rate as ascertained by the Illinois Department of Labor (the "Department"), to all Project employees. All such contracts shall list the specified rates to be paid to all laborers, workers and mechanics for each craft or type of worker or mechanic employed pursuant to such contract. Ifthe Department revises such prevailing wage rates, the revised rates shall apply to all such contracts. Upon the City's request, the Developer shall provide the City with copies ofall such contracts entered into by the Developer or the General Contractor to evidence compliance with this Section 8.09. 8.10 Arms-Length Transactions. Except as disclosed in the Project Budget, unless DPD has given its prior written consent with respect thereto, no Affiliate of the Developer may receive any portion of City Funds, directly or indirectly, in payment for work performed, services provided or materials supplied in connection with any TIF-Funded Improvement. The Developer shall provide information identifying any entity to receive City Funds directly or indirectly (whether through payment to the Affiliate by the Developer and reimbursement to the Developer for such costs using City Funds, or otherwise), upon DPD's request, prior to any such disbursement, or prior to DPD's payment ofany City Funds under this Agreement.. 8.11 Conflict oflnterest. PursuanttoSection5/ll-74.4-4(n)ofthe Act, the Developer and Monroe, as applicable, each severally rejpresent, warrant and covenant that, to the best.of its knowledge; no member, official, or erhployee of the City, or ofany commission or committee exercising authority over the Project, the Redevelopment Area or the Redevelopment Plan, or any consultant hired by the City, the Developer or Monroe with respect thereto, owns or controls, has owned or controlled or will own or control any interest, and no such person shall represent any person, as agent or otherwise, who owns or controls, has owned or controlled, or will own or control any interest, direct or indirect, in the Developer's business or Monroe's business, the Property or any other property in the Redevelopment Area. 8.12 Disclosure of Interest. The Developer's counsel has no direct or indirect financial ownership interest in the Developer, the Property or any other aspect of the Project. 8.13 Financial Statements. The Developer shall obtain and provide to DPD the Financial Statements for each fiscal year during the Term ofthe Agreement. In addition, the Developer shall submit unaudited financial statements as soon as reasonably practical following the close ofeach fiscal year and for such other periods as DPD may request. 8.14 Insurance. The Developer, at its own expense, shall comply with all provisions of Section 12 hereof 8.15 Non-Govemmental Charges, (a) Pavment of Non-Govemmental Charges. Except for the Permitted Liens, the Developer and Monroe agree to pay or cause to be paid when due any respectively applicable Non-Govemmental Charge assessed or imposed upon the Project, the portion 15628 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 ofthe Property that it owns or any fixtures that are or may become attached thereto, which creates, may create, or appears to create a lien upon all or any portion ofthe Property or the Proiect: provided however, that if such Non-Govemmental Charge may be paid in installments, it may pay the same together with any accmed interest thereon in installments as they become due and before any fine, penalty, interest, or cost may be added thereto for nonpayment. The Developer and Monroe, as applicable, shall fumish to DPD, within thirty (30) days of DPD's request, official receipts from the appropriate entity, or other proof satisfactory to DPD, evidencing payment ofthe Non-Govemmental Charge in question. (b) Right to Contest. Each ofthe Developer and Monroe, as applicable, has the right, before any delinquency occurs: (i) to contest or object in good faith to the amount or validity of any NonGovemmental Charge by appropriate legal proceedings properly and diligently instituted and prosecuted, in such manner as shall stay the collection ofthe contested Non-Govemmental Charge, prevent the imposition ofa lien or remove such lien, or prevent the sale or forfeiture ofthe portion ofthe Property that it owns (so long as no such contest or objection shall be deemed or constmed to relieve, modify or extend its covenant to pay any such NonGovemmental Charge at the time and in the manner provided in this Section 8.15): or (ii) at DPD's sole option, to fumish a good and sufficient bond or other security satisfactory to DPD in such form and amounts as DPD shall require, or a good and sufficient undertaking as may be required or permitted by law to accomplish a stay ofany such sale or forfeiture of the Property or any portion thereof or any fixtures that are or may be attached thereto, during the pendency ofsuch contest, adequate to pay fully any such contested NonGovemmental Charge and all interest and penalties upon the adverse determination ofsuch contest. 8.16 Developer's Liabilities. Neither the Developer nor Monroe, as applicable, shall enter into any transaction that would materially and adversely affect its ability to perform its obligations hereunder or to repay any material liabilities hereunder or perform any of its material obligations hereunder. Each ofthe Developer and Monroe, as applicable, shall immediately notify DPD ofany and all events or actions which may materially affect its ability to carry on its business operations upon the Property or perform its obligations under this Agreement. 8.17 Compliance with Laws. The Property and the Project are and shall be in compliance with all applicable federal, state and local laws, statutes, ordinances, mles, regulations, executive orders and codes pertaining to or affecting the Project and the Property, including, without limitation, any applicable sprinkler requirements and the requirements ofthe consent decree (as the same may be lawfully amended or modified from time to time) entered in City of Chicago v. Shubert Nederlander ofChicago. Inc.. Case No. 98 Ml 400085 in the Circuit Court of Cook County. Upon the City's request, the Developer and Monroe shall provide evidence satisfactoiy to the City ofsuch compliance. 12/17/2003 REPORTS OF COMMITTEES 15629 8.18 Recording and Filing. The Developer shall cause this Agreement, certain exhibits (as specified by Corporation Counsel), all amendments and supplements hereto to be recorded and filed against the Property on the Closing Date in the Recorder's Office of Cook County. This Agreement shall be recorded prior to any mortgage made in connection with Lender Financing. The Developer shall pay all fees and charges incurred in connection with any such recording. Upon recording, the Developer shall immediately transmit to the City an executed original ofthis Agreement showing the date and recording number ofrecord. 8.19 Real Estate Provisions. (a) Govemmental Charges. (i) Pavment of Governmental Charges. Each ofthe Developer and Monroe agrees to pay or cause to be paid when due all respectively applicable Govemmental Charges (as defined below) which are assessed or imposed upon the portion of the Property or the Building that it owns, or become due and payable, and which create, may create, a lien upon it or such portion of the Property or the Building. "Govemmental Charge" shall mean all federal. State, county, the City, or other govemmental (or any instmmentality, division, agency, body, or department thereof) taxes, levies, assessments, charges, liens, claims or encumbrances (except for those assessed by foreign nations, states other than the State of Illinois, counties ofthe State other than Cook County, and municipalities other than the City) relating to the Developer, Monroe, the Property or the Building including but not limited to real estate taxes. (ii) Right to Contest. Each ofthe Developer and Monroe, as applicable, has the right before any delinquency occurs to contest or object in good faith to the amount or validity of any Govemmental Charge by appropriate legal proceedings properly and diligently instituted and prosecuted in such manner as shall stay the collection ofthe contested Govemmental Charge and prevent the imposition ofa lien or the sale or forfeiture ofthe Property, or any applicable portion thereof No such contest or objection shall be deemed or constmed in any way as relieving, modifying or extending the Developer's or Monroe's covenants to pay any such Govemmental Charge at the time and in the manner provided in this Agreement unless the Developer or Monroe, as applicable, has given prior written notice to DPD ofits intent to contest or object to a Govemmental Charge and, unless, at DPD's sole option, (i) each of the Developer and Monroe, as applicable, shall demonstrate to DPD's satisfaction that legal proceedings instituted by it contesting or objecting to a Govemmental Charge shall conclusively operate to prevent or remove a lien against, or the sale or forfeiture of, all or any part of the Property to satisfy such Govemmental Charge prior to final detemiination ofsuch proceedings; and/or 15630 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (ii) each of the Developer and Monroe, as applicable, shall fumish a good and sufficient bond or other security satisfactory to DPD in such form and amounts as DPD shall require, or a good and sufficient undertaking as may be required or permitted by law to accomplish a stay ofany such sale or forfeiture ofthe Property, or any applicable portion thereof, during the pendency of such contest, adequate to pay fully any such contested Govemmental Charge and all interest and penalties upon the adverse determination ofsuch contest. (b) Developer's Failure To Pav Or Discharge Lien. Ifthe Developer or Monroe fails to pay any Govemmental Charge or to obtain discharge ofthe same, it shall advise DPD thereof in writing, at which time DPD may, but shall not be obligated to, and without waiving or releasing any obligation or liability ofthe Developer or Monroe under this Agreement, in DPD's sole discretion, make such payment, or any part thereof, or obtain such discharge and take any other action with respect thereto which DPD deems advisable. All sums so paid by DPD, ifany, and any expenses, ifany, including reasonable attorneys' fees, court costs, expenses and other charges relating thereto, shall be promptly disbursed to DPD by the party that failed to make such payment. Notwithstanding anything contained herein to the contrary, this paragraph shall not be constmed to obligate the City to pay any such Govemmental Charge. Additionally, if either the Developer or Monroe fails to pay any Govemmental Charge, the City, in its sole discretion, may require such party to submit to the City audited Financial Statements at the such party's own expense. 8.20 Public Benefits Program. After the Closing Date and at all times prior to the Fifth Anniversary Date, Monroe and/or the Developer, as applicable, shall provide the public benefits described on Exhibit L. 8.21 Restrictive Covenant Regarding Building Use. After the Closing Date and at all times prior to the Fifth Anniverscu^ Date, (a) the primary uses of the Theatre Improvements shall be limited to Theatre Uses, and (b) the primary use ofthe Hotel Improvements shall be limited to a unionized nightly rate or extended-stay hotel described on Exhibit M or another similar hotel acceptable to DPD, in its reasonable discretion, but which may not include a non-unionized hotel or a hotel-condominium, time share hotel, or similar ownership and operational stmcture, unless DPD, in its sole discretion, consents to such an ownership and operational stmcture). Accessory and ancillary uses necessary to support these primary uses shall also be permitted. Interim use of the Hotel Improvements for existing office use prior to the commencement ofthe Hotel Conversion Project shall also be permitted. These use restrictions shall be a restrictive covenant on the Property that runs with the land, binding upon any transferee (including any transferee who takes title to the Property pursuant to a foreclosure or deed in lieu of foreclosure), and shall apply to the Hotel Improvements even ifthe Hotel Conversion Project is not undertaken. 8.22 Operations Covenant, (a) Theatre Operations. From the Theatre Operations Commencjment Date and thereafter at all times prior to the Fifth Anniversary Date, Monroe shall continuously operate and stage Theatrical Productions, as more particularly described in the next 12/17/2003 REPORTS OF COMMITTEES 15631 sentence. Because ofthe nature of staging Theatrical Productions, Monroe shall be deemed to be continuously operating and staging Theatrical Productions so long as the Shubert Theatre is not "dark" and unutilized for Theatrical Productions for a period in excess of (a) any eighteen (18) consecutive weeks during any rolling twelve (12) month period, or (b) more than 300 days in any rolling twelve (12) month period. (b) Hotel Operations. From the Hotel Operations Commencement Date and thereafter at all times prior to the Fifth Anniversary Date, the Hotel Improvements shall be continuously operated as a hotel. 8.23 Naming Rights Agreement. Monroe represents and warrants that it has made available to the City for its review a tme, complete and correct copy ofthe agreement, as it exists as ofthe date hereof, between Monroe and Broadway conceming naming rights and certain other business matters relating to Broadway's operations (the "Broadway Agreement"!. The Broadway Agreement entitles Broadway to all proceeds arising from any agreement in the nature ofa Naming Rights Agreement. One or more Nederlander-related persons or entities (which also, or through their Affiliates, are the sole owners of Monroe) are the 50% owner in Broadway and as such are entitled to 50% of any naming rights distributions arising under the Broadway Agreement with respect to the Property, the Building or the Shubert Theatre . If at any time after the Closing Date and prior to the Fifth Anniversary Date, the Nederlander owners, Monroe, the Developer or any Affiliate of or person employed by any ofthe foregoing becomes entitled to more than 50% ofthe distributions under the Broadway Agreement (such distributions in excess ofthe existing 50% threshold^ the "Additional Distributions"), the City shall be entitled to 50% of all such Additional Distributions. Monroe and the Developer acknowledge and agree that the City's agreement to the Naming Rights Agreement provisions contained elsewhere in this Agreement have been based on the premise that Moriroe and its Affiliates are only entitled to 50% ofthe distributions under the Broadway Agreement. Except for the City's right to (a) receive a copy ofany Naming Rights Agreement and related payment, (b) review ofthe Plans and Specifications applicable to any signage, and (c) approve the name, which approval shall be limited solely to DPD's determination, to be provided in the exercise of DPD's reasonable and good faith discretion, that the name is tasteful (the parties acknowleding and agreeing that the name need not include the word "Shubert") the City shall not have any right to approve the Naming Rights Agreement. 8.24 Survival of Covenants. All warranties, representations, covenants and agreements contained in this Section 8 and elsewhere in this Agreement shall be tme, accurate and complete at the time of the Developer's and Monroe's execution of this Agreement, as applicable, and shali survive the execution, delivery and acceptance hereof by the parties hereto and (except as provided in Section 7 hereof upon the issuance ofa Final Certificate) shall be in effect throughout the Term ofthe Agreement or such other period as may be expressly provided for in this Section 8. 15632 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 SECTION 9. COVENANTS/REPRESENTATIONS/WARRANTIES OF CITV 9.01 General Covenants. The City represents that il has the authority as a home mle unit of local govemment to execute and deliver this Agreement and to perform its obligations hereunder. 9.02 Survival of Covenants. All warranties, representations, and covenants of the City contained in this Section 9 or elsewhere in this Agreement shall be tme, accurate, and complete at the time of the City's execution of this Agreement, and shall survive the execution, delivery and acceptance hereof by the parties hereto and be in effect throughout the Term ofthe Agreement. SECTION 10. DEVELOPER'S EMPLOYMENT OBLIGATIONS 10.01 Employment Opportunity. TheDeveloper, on behalfofitselfand its successors and assigns, hereby agrees, and shall contractually obligate its or their various conttactors, subcontractors or any Affiliate of the Developer performing the Project constmction work on the Property (collectively, with the Developer, the "Employers" and individually an "Employer") to agree, that for the Term ofthis Agreement with respect to Developer and during the period ofany other party's provision of services in connection with the constmction ofthe Project or occupation ofthe Property: (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 stams or source of income as defined in the City of Chicago Human Rights Ordinance, Chapter 2-160, Section 2-160-010 et seq.. Municipal Code, 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 whhout 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 tteated 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 ofcompensation; 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 ofthis 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) To the greatest extent feasible, each Employer is required to present opportunities for training and employment of low- and moderate-income residents ofthe City and preferably ofthe Redevelopment Area; and to provide that contracts for work in connection with the constmction of 12/17/2003 REPORTS OF COMMITTEES 15633 the Project be awarded to business concems that are located in, or owned in substantial part by persons residing in, the City and preferably in the Redevelopment Area. (c) 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 City's 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. (d) Each Employer, in order to demonstrate compliance with the terms ofthis 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. (e) Each Employer shall include the foregoing provisions of subparagraphs (a) through (d) in every contract entered into in connection with the 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. (f) Failure to comply with the employment obligations described in this Section 10.01 shall be a basis for the City to pursue remedies under the provisions ofSection 15.02 hereof 10.02 City Resident Constmction Worker Employment Requirement. The Developer agrees for itselfand its successors and assigns, and shall contractually obligate its General Contractor and shall cause the General Contractor to contractually obligate its subcontractors, 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 as specified in Section 2-92-330 of the Municipal Code ofChicago (at least 50 percent ofthe total worker hours worked by persons on the site ofthe Project shall be performed by actual residents ofthe City); provided, however, that in addition to complying with this percentage, the Developer, its General Contractor and each subcontractor shall be required to make good faith efforts to utilize qualified residents ofthe City in both unskilled and skilled labor positions. The Developer may request a reduction or waiver of this minimum percentage level of Chicagoans as provided for in Section 2-92-330 ofthe Municipal Code ofChicago in accordance with standards and procedures developed by the Chief Procurement Officer ofthe City. "Actual residents ofthe City" shall mean persons domiciled within the City. The domicile is an individual's one and only tme, fixed and permanent home and principal establishment. The Developer, the General Contractor and each subcontractor shall provide for the maintenance of adequate employee residency records to show that actual Chicago residents are 15634 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 employed on the Project. Each Employer 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 DPD 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 Employer hired the employee should be written in after the employee's name. The Developer, the General Conttactor and each subconfractor shall provide full access to their employment records to the Chief Procurement Officer, the Commissioner of DPD, the Superintendent of the Chicago Police Department, the Inspector General or any duly authorized representative ofany of them. The Developer, the General Contractor and each subcontractor shall maintain all relevant personnel data and records for a period of at least three (3) years after final acceptance ofthe work constituting the Project. At the direction of DPD, affidavits and other supporting documentation shall be required of the Developer, the General Contractor and each subcontractor 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, the General Contractor, and. each subcontractor 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 Chief Procurement Officer) shall not suffice to replace the 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 the Developer has failed to ensure the fulfillment of the 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 noncompliance, it is agreed that 1/20 of 1 percent (0.0005) ofthe aggregate hard constmction costs set forth in the Project Budget (the product of .0005 x such aggregate hard constmction costs) (as the same shall be evidenced by approved contract value for the actual contracts) shall be surrendered by the Developer 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 willful falsification of statements and the certification of payroll data may subject the Developer, the General Contractor and/or the subcontractors to prosecution. Any retainage to cover contract performance that may become due to the Developer pursuant to Section 2-92250 of the Municipal Code of Chicago may be withheld by the City pending the Chief Procurement Officer's determination as to whether the Developer must surrender damages 12/17/2003 REPORTS OF COMMITTEES 15635 as provided in this paragraph. The damages determined and surrendered pursuant to this paragraph shall be the City's sole remedy for a breach ofthe City resident hiring requirement set forth in this Section 10.02. 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 ofthis Agreement or related documents. The Developer shall cause or require the provisions ofthis Section 10.02 to be included in all constmction contracts and subcontracts related to the Project. 10.03 The 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 its General Contractor to agree that, during the Project: a. 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.. Municipal Code ofChicago, and in reliance upon the provisions ofthe MBE/WBE Program to the extent contained in, and as qualified by, the provisions ofthis Section 10.03. duringthe course of the Project, at least thc following percentages of the MBE/WBE Budget attached as Exhibit G.-2 (as these budgeted amounts may be revised to reflect theactual costs), shall be expended for contract participation by MBEs or WBEs: i. At least 25 percent by MBEs. ii. At least 5 percent by WBEs. b. For purposes ofthis Section 10.03 only, 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" as such terms are defined in Section 2-92-420, Municipal Code of Chicago. c. Consistent with Section 2-92-440, 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 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 the Developer utilizing a MBE or a WBE as a General Contractor (but only to the extent ofany actual work performed on the Project by the General Contractor), 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 ofmaterials used in the Project from one or more MBEs 15636 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 or WBEs, or by any combination ofthe foregoing. Those entities which constitute both a MBE and a W^E shall not be credited more than once with regard to the Developer's MBE/WBE commitment as described in this Section 10.03. d. Until a Final Certificate is issued, the Developer shall deliver quarterly reports to DPD 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 ofeach MBE and WBE solicited by the Developer 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 Project, a description ofthe work performed or products or services supplied, the date and amount ofsuch work, product or service, and such other information as may assist DPD in determining the Developer's compliance with this MBE/WBE commitment. DPD shall have access to the Developer's books and records, including, without limitation, payroll records, books of account and tax retums, and records and books of account in accordance with Section 14 ofthis Agreement, on five (5) business days' notice, to allow the City to review the Developer's compliance with its commitment to MBE/WBE participation and the status ofany MBE or WBE performing any portion of the Project. e. Upon the disqualification ofany MBE or WBE General Contractor or subconfractor, 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 Subsection (e). the disqualification procedures are further described in Section 2-92-54.0, Municipal Code of Chicago. f Prior to the commencement ofthe Project, the Developer, the General Contractor and all major subcontractors shall be required to meet with the monitoring staff of DPD with regard to the Developer's compliance with its obligations under this Section 10.03. During this meeting, the Developer shall demonstrate to DPD its plan to achieve its obligations under this Section 10.03. the sufficiency ofwhich shall be approved by DPD. During the Project, the Developer shall submit the documentation required by this Section 10.03 to the monitoring staff of DPD, including the following: (i)subcontractor's activity report; (ii)contractor's certification conceming labor standards and prevailing wage requirements; (iii) confractor 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 DPD, upon analysis ofthe documentation, that the Developer is not complying with its obligations hereunder shall, upon the delivery of written notice to the Developer, be deemed an Event ofDefault hereunder. Upon the occurrence ofany 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. 12/17/2003 REPORTS OF COMMITTEES 15637 SECTION 11. ENVIRONMENTAL MATTERS The Developer (as to the Project) and Monroe (as to the Theater Renovation Project only) hereby represent and warrant to the City that it has conducted (or will conduct prior to commencing work on the applicable portion ofthe Project) environmental studies sufficient to conclude that such portion of the Project may be constmcted, completed and operated in accordance with all applicable Environmental Laws and this Agreement and all Exhibits attached hereto, the Scope Drawings, Plans and Specifications and all amendments thereto, the Bond Ordinance and the Redevelopment Plan. Without limiting any other provisions hereof, the Developer and Monroe each severally agree, solely to the extent applicable, to indemnify, defend and hold the City harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses or claims of any kind whatsoever including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under any Environmental Laws incurred, suffered by or asserted against the City as a direct or indirect result ofany ofthe following, regardless of whether or not caused by, or within the control ofthe Developer: (i) the presence ofany Hazardous Material on or under, or the escape, seepage, leakage, spillage, emission, discharge or release ofany Hazardous Material from (A) all or any portion ofthe Property owned by the applicable indemnitor, or. (fi): any other real •prOpert)' in which the applicable indemnitor, holds any estate or interest whatsoever (including, without limitation, any property owned by a land tmst in which the beneficial interest is owned, in whole or in part, by the Developer), or (ii) any liens against the portion ofthe Property owned by the applicable indemnitor permitted or imposed by any Environmental Laws, or any actual or asserted liability or obligation of the City or the applicable indemnitor under any Environmental Laws relating to the Property. SECTION 12. INSURANCE The Developer (with respect to the Hotel Improvements) and Monroe (with respect to the Theatre Improvements, unless Monroe and the Developer elect to have the Developer provide and maintain such insurance on Monroe's behalf) shall provide and maintain, or cause to be provided, at its own expense, during the Term of the Agreement (or as otherwise specified below), the insurance coverages and requirements specified below, insuring all operations related to the Agreement. (a) Agreement Prior to Execution and Delivery ofthis Agreement and Throughout the Term ofthe (i) Workers Compensation and Employers Liability Insurance Workers Compensation and Employers Liability Insurance, as prescribed by applicable law covering all employees who are to provide a service under this 15638 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Agreement and Employers Liability coverage with limits of not less than $100.000 each accident or illness. (ii) Commercial General Liabilitv Insurance (Primary and Umbrella) Commercial General Liability Insurance or equivalent with limits ofnot less than $ 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 ofChicago is to be named as an additional insured on a primary, non-contributory basis for any liability arising directly or indirectly from the work. (b) Constmction (i) Workers Compensation and Employers Liabilitv Insurance WorkersCompensationandEmpIoyersLiability Insurance, as prescribed by : applicable law covering all employees who are to provide a ser/ice under this: Agreement and Employers Liabilit>' coverage with limits of not less than $500.000 each accident or illness. (ii) Commercial General Liability Insurance (Primary and Umbrella) Commercial General Liability Insurance or equivalent with limits ofnot less than $2.000.000 per occurrence for bodily injury, personal injury, and property damage liability. Coverages shall include the following: All premises and operations, products/completed operations (for a minimum of two (2) years following Project completion), explosion, collapse, underground, independent contractors, separation of insureds, defense, and contractual liability (with no Hmitation endorsement). The City ofChicago is to be named as an additional insured on a primary, non-contributory basis for any liability arising directly or indirectly from the work. (iii) 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 Contractor shall provide Automobile Liability Insurance with limits ofnot less than $2.000.000 per occurrence for bodily injury and property damage. The City of Chicago is to be named as an additional insured on a primary, non-contributory bases. 12/17/2003 (iv) REPORTS OF COMMITTEES Railroad Protective Liability Insurance If applicable, when any work is to be done adjacent to or on railroad or transit property, Confractor shall provide, or cause to be provided with respect to the operations that the Contractor performs. Railroad Protective Liability Insurance in the name ofthe railroad or transit entity. The policy shall have limits of not less than $2.000.000 per occurrence and $6.000.000 in the aggregate for losses arising out of injuries to or death ofall persons, and for damage to or destmction of property, including the loss of use thereof (v) Builders Risk Insurance When the Confractor undertakes any constmction, including improvements, betterments, and/or repairs, the Contractor shall provide, or cause to be provided All Risk Builders Risk Insurance at replacement cost for materials, supplies, equipment, machinery and fixtures that are or will be part ofthe permanent facility. Coverages shall include but are not limited to the following: collapse, boiler and machirier>'if applicable The City of Chicago shall be named as an additional insured and loss payee. (vi) Professional Liability When any architects, engineers, constmction managers or other professional consultants perform work in connection with this Agreement, Professional Liability Insurance covering acts, errors, or omissions shall be maintained with limits of not less than $1.000.000. Coverage shall include confractual liability. When policies are renewed or replaced, the policy refroactive date must coincide with, or precede, start of work on the Project under the Agreement. A claims-made policy which is not renewed or replaced must have an extended reporting period of two (2) years. (vii) Valuable Papers Insurance When any plans, designs, drawings, specifications and documents are produced or used under this Agreement, Valuable Papers Insurance shall be maintained in an amount to insure against any loss whatsoever, and shall have limits sufficient to pay for the re-creations and reconstmction ofsuch records. (viii) Contractor's Pollution Liability When any remediation work is performed which may cause a pollution 15639 15640 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 exposure, contractor's Pollution Liability shall be provided with limits ofnot less than $1.000.000 insuring bodily injury, property damage and environmental remediation, cleanup costs and disposal. When policies are renewed, the policy retroactive date must coincide with or precede, start of work on the Project under the Agreement. A claims-made policy which is not renewed or replaced must have an extended reporting period of one (1) year. The City of Chicago is to be named as an additional insured on a primary, non-contributory basis. (c) (d) Term ofthe Agreement (i) Prior to the execution and delivery ofthis Agreement and during construction ofthe Project, All Risk Property Insurance shall be maintained in the amount ofthe full replacement value ofthe Property. The City ofChicago is to be named an additional insured on a primary, non-contributory basis. (ii) Post-constmction, throughout the Term ofthe Agreement, All Risk Property Insurance, including improvements and betterments shall be maintained in theamount of full replacement value ofthe Property. Coverage extensions shal! include business intermption/loss of rents, flood and boiler and machinery, if applicable. The City of Chicago is to be named an additional insured on a primary, non-contributor\' basis. Other Requirements To the extent required under this Section 12 above and to the extent applicable to the Developer and Monroe, said parties shall fumish the City ofChicago, Department ofPIanning and Development, City Hall, Room 1000, 121 North LaSalle Sfreet 60602, original Certificates of Insurance evidencing the required coverage to be in force on the date of this Agreement, and Renewal Certificates of Insurance, or such similar evidence, ifthe coverages have an expiration or renewal date occurring during the Term ofthe Agreement. The receipt ofany certificate does not constitute agreement by the City that the insurance requirements in the Agreement have been fiilly met or that the insurance policies indicated on the certificate are in compliance with all Agreement requirements. The failure of the City to obtain certificates or other insurance evidence from the Developer or Monroe, as applicable, shall not be deemed to be a waiver by the City. The Developer and Monroe, as applicable, shall each advise all insurers of the Agreement provisions regarding insurance. Non-conforming insurance shall not relieve the Developer or Monroe ofthe obligation to provide insurance as specified herein. Nonfulfillment ofthe insurance conditions may constitute a violation ofthe Agreement, and the City retains the right to suspend this Agreement until proper evidence of insurance is provided. 12/17/2003 REPORTS OF COMMITTEES 15641 The insurance shall provide for 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 bome by the Developer or Monroe, as applicable. The Developer and Monroe, as applicable, each expressly understands and agrees that its insurers shall waive rights of subrogation against the City of Chicago, its employees, elected offlcials, agents, or representatives. The Developer and Monroe, as applicable, each expressly understands and agrees that any coverages and limits furnished by it shall in no way limit its liabilities and responsibilities specified within the Agreement documents or by law. The Developer and Monroe, as applicable, each expressly understands and agrees that its insurance is primary and any insurance or self insurance programs maintained by the City ofChicago shall not contribute with insurance provided by the Developer or Monroe, as applicable, under the Agreement. The required insurance shall not be limited by any limitations expressed in the indemnification language herein or any limitation placed on the indemnity tiierein given asa matter of law. The Developer shall require the General Contractor, and all subcontractors to provide the insurance required herein or Developer may provide the coverages for the General Contractor, or subcontractors. All General Contractors and subcontractors shall be subject to the same requirements (Section (d) hereof) of Developer and Monroe, as applicable, unless otherwise specified herein. Ifthe Developer, Monroe, the General Contractor or any subcontractor desires additional coverages, the Developer, Monroe, the General Contractor and any subcontractor, as applicable, shall be responsible for the acquisition and cost ofsuch additional protection. The City ofChicago Risk Management Department maintains the right to modify, delete, alter or change these requirements, so long as any such change does not increase these requirements and Developer and Monroe are provided written notice thereof SECTION 13. INDEMNIFICATION 13.01 General Indemnity. Developer and Monroe severally, solely to the extent applicable, severally (i.e., each indemnitor agrees to provide an indemnity with respect to its own acts and 15642 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 omissions only) agrees to indemnify, pay, defend and hold the City, and its elected and appointed officials, employees, agents and affiliates (individually an Indemnitee," and collectively the Indemnitees") harmless from and against, any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, claims, costs, expenses and disbursements ofany kind or nature whatsoever (and including without limitation, the reasonable fees and disbursements of counsel for such Indemnitees in connection with any investigative, administrative or judicial proceeding commenced or threatened, whether or not such Indemnities shall be designated a party thereto), that may be imposed on, suffered, incurred by or asserted against the Indemnitees in any manner relating or arising out of: (i) its failure to comply with any ofthe respectively applicable terms, covenants and conditions contained within this Agreement; or (ii) its failure to pay any general contractor, subcontractors or materialmen retained by it in connection with the TIF-Funded Improvements or any other Project improvement, if applicable; or (iii) the existence ofany material misrepresentation or omission in this Agreement, any offering memorandum or information statement or the Redevelopment Plan or any other document related to this Agreement that is the result of information supplied or omitted by it or its Affiliates, if applicable, or any agents, employees, contractors or persons acting under the control or at the request of it or its Affiliates; or (i v) its failure to cure any applicable misrepresentation in this Agreement or any other agreement relating hereto; provided, however, that neither the Developer nor Monroe shall have any obligation to an Indemnitee arising from the wanton or willful misconduct ofthat Indemnitee. To the extent that the preceding sentence may be unenforceable because it is violative ofany law or public policy, the Developer and Monroe, to the extent applicable, shall contribute the maximum portion that it is permitted to pay and satisfy under the applicable law, to the payment and satisfaction of all indemnified liabilities incurred by the Indemnitees or any of them. The provisions of the undertakings and indemnification set out in this Section 13.01 shall survive the termination ofthis Agreement. SECTION 14. MAINTAINING RECORDS/RIGHT TO INSPECT 14.01 Books and Records. The Developer and Monroe shall, to the extent applicable, keep and maintain complete, accurate and detailed books and records necessary to reflect and fully disclose the total actual cost ofthe Project and the disposition of all funds from whatever source allocated thereto, and to monitor the Project and the parties' compliance with their ongoing V 12/17/2003 REPORTS OF COMMITTEES 15643 covenants. All such books, records and other documents, including but not limited to the Developer's loan statements, ifany. General Contractors' and contractors' swom statements, general contracts, subcontracts, purchase orders, waivers of lien, paid receipts and invoices, shall be available at the Developer's offices, or Monroe's offices, as applicable, for inspection, copying, audit and examination by an authorized representative ofthe City, at the Developer's or Monroe's expense, as applicable. The Developer and Monroe, as applicable, shall incorporate this right to inspect, copy, audit and examine all books and records into all contracts entered into with respect to the Project. 14.02 Inspection Riehts. Upon three (3) business days' notice, any authorized representative ofthe City shall have access to all portions ofthe Project and the Property during normal business hours for the Term of the Agreement. SECTION 15. DEFAULT AND REMEDIES 15.01 Events ofDefault. The occurrence of any one or more of the following events, subject to the provisions ofSection 15.03. shall constitute an Event ofDefault" hereunder, entitling the City to exercise the applicable remedies specified in Section 15.02: (a) the failure ofthe Developer or Monroe, as applicable, to perform, keep or observe any ofits respective covenants, conditions, promises, agreements or obligations under this Agreement or any related agreement; (b) the failure ofthe Developer or Monroe, as applicable, to perform, keep or observe any of its respective covenants, conditions, promises, agreements or obligations under any other agreement with any person or entity if such failure may have a material adverse effect on such party's business, property, assets, operations or condition, financial or otherwise; (c) the making or furnishing by the Developer or Monroe, as applicable, to the City ofany representation, warranty, certificate, schedule, report or other communication within or in connection with this Agreement or any related agreement which is untme or misleading in any material respect; (d) except as otherwise permitted hereunder, the creation (whether voluntary or involuntary) of, or any attempt to create, any lien or other encumbrance upon the Property, or any portion thereof, including any fixtures now or hereafter attached thereto, other than the Permitted Liens, or the making or any attempt to make any levy, seizure or attachment thereof; (e) the commencement of any proceedings in bankmptcy by or against the Developer or Monroe, or for the liquidation or reorganization of the Developer or Monroe, as applicable, or alleging that the Developer or Monroe, as applicable, is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement ofthe Developer's or Monroe's debts, as applicable, whether under the United States Bankmptcy Code or under any other state or federal law, now or 15644 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 hereafter existing for the relief of debtors, or the commencement ofany analogous statutory or nonstatutory proceedings involving the Developer or Monroe, as applicable; 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 sixty (60) days after the commencement ofsuch proceedings; (0 the appointment ofa receiver or tmstee for the Developer or Monroe, as applicable, for any substantial part ofthe Developer's or Monroe's assets or the institution ofany proceedings for the dissolution, or the full or partial liquidation, or the merger or consolidation, ofthe Developer or Monroe, as applicable; 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 sixty (60) days after the commencement thereof; (g) the entry of any judgment or order against the Developer or Monroe, as applicable, which remains unsatisfied or undischarged and in effect for sixty (60) days after such entry without a stay of enforcement or execution; (h) the occurrence of an event of default under the Lender Financing, which default is not cured within any applicable cure period; (i) the dissolution of the Developer or Monroe, as applicable; or • (j) the institution in any court of a criminal proceeding (other than a misdemeanor) against the Developer or Monroe, as applicable, or any natural person who directly or indirectly owns 10% or more of the Developer's or Monroe's membership interests (a "10% Owner"), which is not dismissed within thirty (30) days, or the indictment ofthe Developer, Monroe or such a 10% Owner for any crime (other than a misdemeanor);or (k) during the Term of the Agreement, the sale or transfer of a majority of the ownership interests ofthe Developer or Monroe without the prior written consent ofthe City, to any person or entity other than to Monroe, the Developer or any Affiliate of either. 15.02 Remedies, (a) Termination and Equitable Remedies. Upon the occurrence of any Event of Defauh by either Monroe or the Developer City may tenninate this Agreement and all related agreements. The City may, also in any court of competent jurisdiction by any action or proceeding in equity, pursue and secure any available equitable remedy, including but not limited to injunctive relief or the specific performance ofthe agreements contained herein. (b) Reimbursement Events. Ifthe Event ofDefault is a Reimbursement Event, the City shall also have the right to recapture all City Funds previously paid under this Agreement, regardless of whether it is the act or omission ofthe Developer, Monroe, or both the Developer and Monroe that gives rise to such Reimbursement Event. 12/17/2003 REPORTS OF COMMITTEES 15645 (c) Key Covenants. In addition, with respect to the covenants specified below, the City shall have the following remedies: (i) for an Event of Default relating to Section 8.20. the City shall be entitled to the specific performance of the intended public benefits or, if such specific performance is impracticable, the City shall be entitled to liquidated damages in the amount of $20,000; (ii) for an Event ofDefault relating to Section 8.21. the City shall be entitled to the specific performance ofthe intended use, or if such specific performance is impracticable, the City shall be entitled to enjoin any unpermitted use unless DPD, in its sole discretion, consents in writing to such otherwise unpermitted use; (iii) for an Event ofDefault relating to Section 8.22(al the City shall be entitled to recover $4,000,000 from Monroe; (iv) for an Event ofDefauh relating to Section 8.22(b). the City shall be entitled t9 recover $1,500,000 from the Developer; and (v) ibr an Event of Default relating to the Naming Rights Agreement-related reimbursement obligation specified in Section 4.03(b) or relating to the Naming Rights Agreement obligation described in Secfion 8.23. the City shall be entitled to recover the amount due and payable under such provisions from Monroe. (d) Other Provisions. For an Event of Default arising under any other provision of this Agreement not addressed in Sections 15.02(b) or (c). the City, in addition to the remedies provided for in Section 15.02(a). shall also have the right to recover any costs or actual monetary damages incurred by the City as a result ofsuch Event ofDefault from the party whose acts or omissions gave rise to such Event of Default. For example, if the Theafre Improvements are not maintained in accordance with applicable laws and codes in accordance with Section 8.17 giving rise to an unsafe condition, or taxes payable with respect to the Theatre Improvements are not paid pursuant to Section 8.19. and the City incurs costs to correct such unsafe condition or pays such taxes, the City would be able to recover all such costs from Monroe. Nothing in this Section 15.03(d), however, shall authorize the City to take any action with respect to the Property if such action is not otherwise authorized under applicable law, unless necessary due to emergency conditions or to protect public health and safety. (e) Securitv Instmments. The City, in seeking to collect amounts payable by the Developer under this Section 15, solely to the extent that the Event ofDefault relates to the Hotel Conversion 15646 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Project, shall also be entitled to foreclose the Hotel Junior Mortgage to collect such amounts. The City, in seeking to collect amounts payable by Monroe under this Section 15, solely to the extent that the Event ofDefault relates to the Theatte Renovation Project, shall also be entified to exercise its rights under the Theatre Improvements Security Instmment to collect such amounts. (f) Application of Section 15 Remedies. This Secfion 15.02 sets forth the City remedies that are applicable only ifan Event ofDefault occurs after the issuance ofa Final Certificate. Ifan Event ofDefauh occurs prior to issuance ofa Final Certificate, then the City's remedies shall be as set forth in Section 7.03 and not as set forth in this Secfion 15.02. 15.03 Curative Period. In the event the Developer or Monroe has breached a representation and warranty or failed to perform a covenant which h is required to perform under this Agreement, notwithstanding any other provision ofthis Agreement to the contrary, an Event ofDefault shall not be deemed to have occurred unless the defaulting party has failed to cure such breach or failure within thirty (30) days following its receipt ofa written notice from the City specifying that it has breached such representation or warranty or failed to perform such covenant; provided, however, with respect to any default that is not curable through the payment of money and is otherwise not reasonably capable of being cured within such thirty (30) day period, the Developer or Monroe shall not be deemed to have committed an Event of Default under this Agreementif it has commenced to cure the alleged default within such thirf)'. (30) day period and thereafter diligently and continuously prosecutes the cure ofsuch default and the same is cured within an additional ninety (90) day period, or, in the event of a casualty only, such longer period as may be appropriate, as reasonably determined by the City. Notwithstanding anything in the above paragraph (and in contravention ofsuch paragraph) or elsewhere in the Agreement, a breach of Section 8.21 ta'j or (b) or Section 8.22(a) or (b) shall, without any notice or cure period, constitute an immediate Event ofDefault. 15.04 Defeasance of Agreement. The Developer shall have the right at any time during the Term ofthe Agreement to defease this Agreement and obtain a termination and release hereof by repaying to the City an amount equal to all City Funds received by the Developer prior to such defeasance amount, plus any other amounts due and payable hereunder, ifany, as ofthe date ofsuch defeasance. In addition, the Developer shall have the right to pay the City $1,500,000 and thereby obtain a release ofthe Hotel Junior Mortgage (and the corresponding Redevelopment Agreement covenants that mn with the land), and either the Developer or Monroe shall have the right to pay the City $4,000,000 and thereby obtain a release ofthe Theatre Junior Mortgage (and the corresponding Redevelopment Agreement covenants that mn with the land). 15.05 Reinstatement. Ifthe City, in exercising its rights under this Agreement or under either of the junior mortgages provided for hereunder, commences (or joins in) foreclosure proceedings, and if the Developer or Monroe, as applicable, prior to the entry of a judgment of foreclosure. 12/17/2003 REPORTS OF COMMITTEES 15647 thereafter pays any amount due and performs all obligations required to cure the Event ofDefault giving rise to the City's exercising such foreclosure rights, then the City, upon receipt ofall such amounts due (including fees and expenses incurred by the City in connection with such foreclosure proceeding) and evidence ofsuch full performance, shall dismiss (or join in the dismissal) ofsuch foreclosure proceeding. Upon such dismissal, the parties shall be restored to their prior positions under this Agreement (and any such junior mortgage(s)) and the Agreement (and such junior mortgage(s)) shall continue in fiill force and effect. SECTION 16. MORTGAGES All mortgages in place as ofthe date hereof with respect to the Property or any portion thereof are listed on Exhibit F hereto and are referred to herein as the Existing Mortgages." Any mortgage that hereafter is executed and recorded against the Property or any portion thereof is referred to herein as a New Mortgage." Any New Mortgage executed and recorded with the prior written consent ofthe City is referred to herein as a Permitted Mortgage." It is hereby agreed by and between the City, the Developer and Monroe as follows: (a) In the event that a mortgagee or any other party shall succeed to the Developer's or Monroe's interest in the Property or any portion thereof pursuant to the exercise of remedies under a New Mortgage (other than a Permitted Mortgage), whether by foreclosure or deed in lieu of foreclosure, and in conjunction therewith accepts an assignment of the Developer's interest or Monroe's interest hereunder in accordance with Section 18.15 hereof, the City may, but shall not be obligated to, attom to and recognize such party as the successor in interest to the Developer or Monroe for all purposes under this Agreement and, unless so recognized by the City as the successor in interest, such party shall be entitled to no rights or benefits under this Agreement (e.g., the City shall have no obligation to pay the New Mortgagee any City Funds), but such party shall be bound by those provisions ofthis Agreement that are covenants expressly mnning with the land. (b) In the event that any mortgagee shall succeed to the Developer's or Monroe's interest in the Property or any portion thereof pursuant to the exercise of remedies under an Existing Mortgage or a Permitted Mortgage, whether by foreclosure or deed in lieu of foreclosure, and in conjunction therewith accepts an assignment ofthe Developer's or Monroe's interest hereunder in accordance with Section 18.15 hereof, the City hereby agrees to attom to and recognize such party as the successor in interest to the Developer for all purposes under this Agreement so long as such party accepts all ofthe obligations and liabilities of "the Developer" hereunder; provided, however, that, notwithstanding any other provision ofthis Agreement to the contrary, it is understood and agreed that if such party accepts an assignment ofthe Developer's interest under this Agreement, such party has no liability under this Agreement for any Event ofDefault ofthe Developer which accmed prior to the time such party succeeded to the interest ofthe Developer under this Agreement, in which case the Developer shall be solely responsible therefor. However, if such mortgagee under a Permitted Mortgage or an Existing Mortgage does not expressly accept an assignment of the Developer's JOURNAL-CITY COUNCIL-CHICAGO 15648 12/17/2003 interest hereunder, such party shall be entitled to no rights and benefits under this Agreement, and such party shall be bound only by those provisions ofthis Agreement, ifany, which are covenants expressly mnning with the land. (c) Prior to the issuance by the City to the Developer of a Final Certificate pursuant to Section 7 hereof, no New Mortgage shall be executed with respect to the Property or any portion thereof without the prior written consent of the Commissioner of DPD. SECTION 17. NOTICE Unless otherwise specified, any notice, demand or request required hereunder shall be given in writing at the addresses set forth below, by any of the following means: (a) personal service; (b) ovemight courier, or (c) registered or certified mail, retum receipt requested, postage prepaid: Ifto the City: City ofChicago Department of Planning and Development 121 North LaSalle Street, Room 1000 Chicago, Illinois 60602 Attention: Commissioner With Copies To: City of Chicago Department of Law Finance and Economic Development Division 121 North LaSalle Street, Room 600 Chicago, Illinois 60602 Ifto the Developer, Monroe, or both: Shubert Hotel Associates, LLC c/o Northem Realty Group 33 N. Dearbom, Suite 1200 Chicago, Illinois 60602 Attention: Michael Tobin And to: Monroe Presentations, LLC 22 West Monroe Street, Suite 700 Chicago, Illinois 60603 Attention: Louis F. Raizin With copies to: John George, Esq. Daley & George 20 S. Clark Street Chicago, Illinois 60602 12/17/2003 * REPORTS OF COMMITTEES 15649 Richard Wendy, Esq. Piper Rudnick, LLP 203 N. LaSalle Street Chicago, Illinois 60601 Such addresses may be changed by notice to the other parties given in the same manner provided above. Any notice, demand, or request sent pursuant to clause (a) hereof shall be deemed received upon such personal service or upon dispatch. Any notice, demand or request sent pursuant to clause (b) shall be deemed received on the day immediately following deposit with the ovemight courier and any notices, demands or requests sent pursuant to subsection (c) shall be deemed received two (2) business days following deposit in the mail. SECTION 18. MISCELLANEOUS 18.01 Amendment. This Agreement and the Exhibits attached hereto may not be amended or modified without the prior written consent ofthe parties hereto; provided, however, that the City, in its sole discretion^ may amend, modify or supplement Exhibit D hereto wtthout the consent ofany party hereto. It is agreed that no material amendment or change to this Agreement shall be made or be effective unless ratified or authorized by an ordinance duly adopted by the Cit^'.Council. The term material" for the purpose ofthis Section 18.01 shall be defined as any deviation from the.terms ofthe Agreement which operates to cancel or otherwise reduce any developmental or constmction obligations of Developer or Monroe (including those set forth in Sections 10.02 and 10.03 hereof) by more than five percent (5%) or materially changes the character ofthe Project or any activities undertaken by Developer or Monroe, as applicable, affecting the Property, the Project, or both, or increases any time agreed for performance by the Developer by more than one hundred twenty (120) days, or materially and adversely reduces or limits the City's exercise ofthe rights and remedies provided for under Sections 4.03(b). 7.03. 15.02 or 15.03. 18.02 Entire Agreement. This Agreement (including each Exhibit attached hereto, which is hereby incorporated herein by reference) constitutes the entire Agreement between the parties hereto and it supersedes all prior agreements, negotiations and discussions between the parties relative to the subject matter hereof 18.03 Limitation of Liabilitv. No member, official or employee ofthe City shall be personally liable to the Developer or Monroe, as applicable, or any successor in interest in the event ofany default or breach by the City or for any amount which may become due to the Developer from the City or any successor in interest or on any obligation under the terms of this Agreement. 18.04 Further Assurances. The Developer and Monroe, as applicable, each agree to take such actions, including the execution and delivery ofsuch documents, instmments, petitions and certifications as may become necessary or appropriate to carry out the terms, provisions and intent 15650 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 18.05 Waiver. Waiver by the City, the Developer or Monroe, as applicable, with respect to any breach of this Agreement shall not be considered or treated as a waiver of the rights of the respective party with respect to any other default or with respect to any particular default, except to the extent specifically waived by such party in writing. No delay or omission on the part of a party in exercising any right shall operate as a waiver of such right or any other right unless pursuant to the specific terms hereof A waiver by a party ofa provision ofthis Agreement shall not prejudice or constitute a waiver ofsuch party's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by a party, nor any course of dealing between the parties hereto, shall constitute a waiver ofany such parties' rights or ofany obligations ofany other party hereto as to any future fransactions. 18.06 Remedies Cumulative. The remedies of a party hereunder are cumulative and the exercise ofany one or more ofthe remedies provided for herein shall not be constmed as a waiver ofany other remedies ofsuch party unless specifically so provided herein. 18.07 Disclaimer. Nothing contained in this Agreement nor any act ofthe City shall be deemed or constmed by any ofthe parties, or by any third person, to create or imply any relationship of third-party beneficiary, principal or agent, limited or general partnershipor joint venture, or to create or imply any association or relationship involvmg the City. 18.08 Headings. The paragraph and section headings contained herein are for convenience only and are not intended to limit, vary, define or expand the content thereof 18.09 Counterparts. This Agreement may be executed in several counterparts, each ofwhich shall be deemed an original and all ofwhich shall constitute one and the same agreement. 18.10 Severability. Ifany provision in this Agreement, or any paragraph, sentence, clause, phrase, word or the application thereof, m any circumstance, is held invalid, this Agreement shall be constmed as if such invalid part were never included herein and the remainder ofthis Agreement shall be and remain valid and enforceable to the fullest extent permitted by law. 18.11 Conflict. In the event ofa conflict between any provisions ofthis Agreement and the provisions ofthe TIF Ordinances and/or the Bond Ordinance, ifany, such ordinance(s) shall prevail and control. 18.12 Goveming Law. This Agreement shall be govemed by and constmed in accordance with the intemal laws ofthe State oflllinois, without regard to its conflicts of law principles. 18.13 Fomi of Documents. All documents required by this Agreement to be submitted, delivered or fumished to the City shall be in form and content satisfactory to the City. Except for 12/17/2003 REPORTS OF COMMITTEES 15651 signatures on recorded documents, signature by facsimile is hereby authorized and shall have the same legal effect as an original signature. 18.14 Approval. Wherever this Agreement provides for the approval or consent ofthe City, DPD or the Commissioner, or any matter is to be to the City's, DPD's or the Commissioner's satisfaction, unless specifically stated to the contrary, such approval, consent or satisfaction shall be made, given or determined by the City, DPD or the Commissioner in writing and in the reasonable discretion thereof The Commissioner or other person designated by the Mayor ofthe City shall act for the City or DPD in making all approvals, consents and determinations of satisfaction, granting the Partial Completion Certificates or the Final Certificate, or otherwise administering this Agreement for the City. 18.15 Assignment. Neither the Developer nor Monroe, as applicable, may sell, assign or otherwise ttansfer its interest in this Agreement in whole or in part except to an Affiliate without the written consent of the City. Any successor in interest to the Developer or Monroe under this Agreement shall certify in writing to the City its agreement to abide by all remaining executory terms ofthis Agreement, including, but not limited to. Sections 4.03(b) (Naming Rights Agreement), 8.19 (Real Estate Provisions), 8.20 (Public Benefits), 8.21 (Restrictive Covenant Regarding Building Use), 8.22 (Operations Covenant), 8.23 (Naming Rights Agreement) and 8.24 (Survival of Covenants) hereof, for the Term of the Agreement. The Developer and Monroe consent to the City's sale, transfer, assignment or other disposal of this Agreement at any time in whole or in part, 18.16 Binding Effect. This Agreement shall be binding upon, to the extent applicable, the Developer, Monroe, the City and their respective successors and permitted assigns (as provided herein) and shall inure to the benefit of such parties and their respective successors and permitted assigns (as provided herein). Except as otherwise provided herein, this Agreement shall not run to the benefit of or be enforceable by, any person or entity other than a party to this Agreement and its successors and permitted assigns. This Agreement should not be deemed to confer upon third parties, other than as provided herein with respect to permitted successors and permitted assigns, any remedy, claim, right of reimbursement or other right. 18.17 Force Majeure. Neither the City, the Developer nor Monroe, as applicable, shall be considered in breach of or in default ofits obligations under this Agreement in the event ofany delay caused by damage or destmction by fire or other casualty, strike, shortage of material, unusually adverse weather conditions such as, by way of illustration and not limitation, severe rain storms or below freezing temperatures of abnormal degree or for an abnormal duration, tomadoes or cyclones, and other events or conditions beyond the reasonable control of the party affected which in fact interferes with the ability ofsuch party to discharge its obligations hereunder. The individual or entity relying on this section with respect to any such delay shall, upon the occurrence ofthe event causing such delay, immediately give written notice to the other parties to this Agreement. The individual or entity relying on this section with respect to any such delay may rely on this section only to the extent ofthe actual number of days of delay effected by any such events described above. 15652 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 General economic conditions that may impact theater and hotel business operations are not covered by this Section 18.17. 18.18 Exhibits. All ofthe exhibits attached hereto are incorporated herein by reference. 18.19 Business Economic Support Act. Pursuant to the Business Economic Support Act (30 ILCS 760/1 et seg.), if the Developer is required to provide notice under the WARN Act, the Developer and Monroe, as applicable, shall, in addition to the notice required underthe WARN Act, provide at the same time a copy ofthe WARN Act notice to the Governor ofthe State, the Speaker and Minority Leader ofthe House of Representatives ofthe State, the President and minority Leader of the Senate of State, and the Mayor of each municipality where the Developer and Monroe, as applicable, has locations in the State. Failure by the Developer and Momoe, as applicable, to provide such notice as described above may result in the termination ofall or a part ofthe payment or reimbursement obligations ofthe City set forth herein. 18.20 Venue and Consent to Jurisdiction. If there is a lawsuit under this Agreement, each party may hereto agrees to submit to the jurisdiction of the courts of Cook County, the State of Illinois and the United States District Court for the Northem District oflllinois. 18.21 Costs and Expenses. In addition to and not in limitation ofthe other provisions ofthis Agreement, Developer and Monroe, as applicable, agree to pay upon demand the City's out-ofpocket expenses, including attomey's fees, incurred in connection with the enforcement of the •provisions ofthis Agreement against such party. This includes, subject to any limits under applicable law, attomey's fees and legal expenses, whether or not there is a lawsuit, including attomey's fees for bankmptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals and any anticipated post-judgement collection services. Developer and Monroe, as applicable, also shall pay any court costs, in addition to all other sums provided by law. 18.22 Business Relationships. The Developer and Monroe acknowledge (A) receipt of a copy ofSection 2-156-030 (b) ofthe Municipal Code ofChicago, (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 ofsuch 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 ofChicago), 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 any person with whom the elected City official or employee has a Business Relationship" (as defined in Section 2-156-080 ofthe Municipal Code ofChicago), 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 ofSection 2-156-030 (b) by an elected official, or any person acting at the direction ofsuch official, with respect to any transaction contemplated by this Agreement shall be grounds for tennination of this Agreement and the 12/17/2003 REPORTS OF COMMITTEES 15653 transactions contemplated hereby. The Developer and Monroe each hereby represent and warrant that, to the best of its knowledge after due inquiry, no violation of Section 2-156-030 (b) has occurred wdth respect to this Agreement or the transactions contemplated hereby. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on or as ofthe day and yearfirstabove written. SHUBERT HOTEL ASSOCIATES, LLC an Illinois limited liability company By: Monroe Hotel, LLC, its managing member By:_ Its: MONROE PRESENTATIONS, LLC an Illinois limited liability company By: Laurence Amusement, LLC a Delaware limited liability company its managing member By: , James Nederlander, its manager CITY OF CHICAGO, acting by and through its Department ofPIanning and Development By: Alicia Mazur Berg Commissioner 15654 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 STATE OF ILLINOIS ) ) ss COUNTY OF COOK ) I, , a notary public in and for the said County, in the State aforesaid, DO HEREBY CERTIFY that ' personally known to me to be the of Northem Shubert Hotel Associates, LLC, a limited liability company (the "Managing Member"), the managing member of Shubert Hotel Associates, LLC, an Illinois limited liability company (the "Developer"), 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 acknowledged that he/she signed, sealed, and delivered said instrument, pursuant to the authority given to him/her by members ofthe Managing Member, as his/her free and voluntary act and as the free and voluntary act of the Managing Member and the Developer, for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of , 2004. Notary Public (SEAL) My Commission Expires_ STATE OF ILLINOIS ) ) ss COUNTY OF COOK ) I, , a notary public in and for the said Coimty, in the State aforesaid, DO HEREBY CERTIFY that _ , personally known to me to be the of Laurence Amusement, LLC, a Delaware limited liability company (the "Managing Member"), the managing member of Monroe Presentations, LLC, an Illinois limited liability company (the "Monroe"), 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 acknowledged that he/she signed, sealed, and delivered said instniment, pursuant to the authority given to him/her by members ofthe Managing Member, as his/her free and voluntary act and as the free and voluntary act ofthe Managing Member and Monroe, for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of Notary Public (SEAL) My Commission Expires_ , 2004. 12/17/2003 REPORTS OF COMMITTEES 15655 STATE OF ILLINOIS ) ) ss COUNTY OF COOK ) 1, , a notary public in and for the said County, in the State aforesaid, DO HEREBY CERTIFY that Alicia Mazur Berg, personally known to me to be the Commissioner ofthe Department ofPIanning and Development ofthe City ofChicago (the City"), 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 acknowledged that she signed, sealed, and delivered said instmment pursuant to the authority given to her by the City, as her free and voluntary act and as thefreeand voluntary act of the City, for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of , 2004. Notary Public My Commission Expires [(Sub)Exhibits "A", "B", "D", "F" a n d "H" referred to in t h i s S h u b e r t Theatre Redevelopment Agreement unavailable at t i m e of printing.] [(Sub)Exhibit "E-2" referred to in t h i s S h u b e r t Theatre Redevelopment Agreement printed on p a g e s 15659 t h r o u g h 15662 of t h i s J o u r n a l ] (Sub)Exhibits "C", " E - l " , "G-1", "G-2", "I", "J", "K", "L" a n d "M" referred to in this S h u b e r t Theatre Redevelopment Agreement r e a d a s follows: 15656 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit "C". (To Shubert Theatre Redevelopment Agreement) T.I.F.-Funded Improvements. Line Item Rehabilitation Costs Cost Up to $6,000,000 Acquisition costs shall not be a T.I.F.-Funded Improvement. (Sub)Exhibit "E-l". (To Shubert Theatre Redevelopment Agreement) Description Of Scope Of Restoration/Historic Preservation Work 22 West Monroe Street General: As required by the Agreement, the Developer and Monroe shall consent to the designation of the Building as a Chicago landmark. For the purposes of this consent, the "significant historical and architectural features" (the "Significant Features") of the Building shall be all exterior elevations, including rooflines and certain interior features to include the historic theater auditorium in its entirety and portions ofthe vestibules, lobbies and staircases as identified on (Sub) Exhibit E-2 attached hereto. All work as herein required, or work as otherwise proposed by the Developer or Monroe which affects the Significant Features, shall be done in accordance with the terms and conditions ofthe Redevelopment Agreement and this exhibit. In addition, all work to the Significant Features shall be subject to the review and approval of the Commission on Chicago Landmarks (the "Commission") under the Chicago Landmarks Ordinance and the Commission's adopted Rules and Regulations. The applicable standards and guidelines for the Commission's review include The United States Secretary of the Interior's Standards for Rehabilitation of Historic Buildings (rev. 1990, and as amended) (the "Standards") and the Commission's Guidelines for Alterations to Historic Buildings and New Construction (adopted March 4,1992, and as amended). 12/17/2003 REPORTS OF COMMITTEES 15657 Prior Approval. All exterior and interior work which impacts a Significant Feature shall be subject to the prior review and approval of the City's Department of Planning and Development, Landmarks Division, and the Commission on Chicago Landmarks. If requested, the Developer shall submit for review and approval material samples, paint colors and finishes, shop drawings, specifications, mock-ups and control samples, as applicable. Required Rehabilitation Work: Exterior And Facade Work: Masoniy Cladding. An examination and report on the condition of the exterior walls ofthe Building was prepared by Construction Technology Laboratories, Inc., dated November 24, 1999 (the "Conditions Report"). The Conditions Report identifies areas of masonry and mortar deterioration and corrosion a n d / o r failures such as at lintels, roof membranes and flashing, and backup anchoring system, as well as prior incompatible repairs. Based on the Conditions Report and any subsequent inspection reports prepared for the Building, a comprehensive scope of work for the exterior addressing these issues shall be developed consistent with the Standards and submitted for review and approval. This work shall include masonry cleaning. An original copy of the Conditions Report, any subsequent inspection reports and copies of the original terra cotta shop drawings (to the extent they still exist) shall be submitted as part of this information. In general, the following principles should be observed as part of this work: Where masonry is missing or beyond repair, replacement masonry shall match the original in accordance with the Standards, including material. Subject to review and approval, substitute materials may potentially be used for some limited portions ofthe Building provided that such materials otherwise match the design, color, finish, durability and appearance of the originals. The use of substitute materials is generally not acceptable for street elevations, highly visible areas such as on lower floors, or in instances of limited replacement of individual masonry units within a larger "field" or area of original material to remain. Tuckpointing shall use mortar which matches the original in terms of color, consistency, hardness and joint profile. Any masoniy cleaning shall use an appropriate and least-aggressive cleaning method, e.g., low-pressure water or mild chemical cleaning, after conducting test patches. 15658 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Ground-floor Storefronts. If the ground-floor storefronts are determined to be contributing features, they shall be refurbished in accordance with the Standards; otherwise, they shall be replaced with a new storefront design consistent with the Standards. Upper Floor Windows. Windows are to be repaired or replaced, in accordance with the Standards. If the window frames are to be repainted, a paint color analysis of the windows shall be provided to determine the historic color. All windows shall be of clear glass. Original ceiling heights shall be maintained behind all windows. Any drops in the heights of ceilings for mechanical equipment, et cetera, shall be set back from the windows and shall not be readily visible from the street. Signs, Awnings, Canopies and Marquee. All signs, awnings and canopies, as well as changes to the marquee, shall be subject to review and approval and meet the Standards. Any new canopy for the hotel entrance shall be attached within the masonry opening and shall not be supported by poles in the sidewalk. No sign, awning or canopy shall obscure or irreversibly damage architectural features or materials. Archival documentation of the various theater marquees that have existed on the Building shall be provided as part of any proposed changes to. the marquee. Theater And Lobby Work: Theater/Lobby Interiors. A comprehensive scope of work for the Significant Interior Features shall be developed consistent with the Standards and submitted for review and approval. Such work shall include the cleaning, repair, repainting and refurbishment of these features and finishes. The auditorium seating configuration may be modified. The seats shall be refurbished, modified or replaced provided that the historic metal "end panels" are retained. The carpeting shall be replaced. Historic lighting fixtures in the auditorium and lobbies, to the extent any remain, shall be retained and repaired. The original double-height outer lobby vestibule, now obscured by a drop ceiling to be removed, shall be restored. It is understood that, as part ofthe Project, the ground-floor lobby will be expanded into adjacent retail space, necessitating new "punched" openings in the wall in a few locations, and changes to the rear halfofthe loge-level seating ofthe auditorium are also proposed. As part of this scope of work, a survey of existing conditions shall be prepared documenting the various changes to the interior features (i.e., original features, early changes, part ofthe 1940s remodeling ofthe lobby, et cetera); the survey shall be used to determine which elements are historically significant and therefore inform the proposed work to these features. 12/17/2003 REPORTS OF COMMITTEES (Sub)Exhibit "E-2". (To Shubert Theatre Redevelopment Agreement) Description Of Significant Historical Features. Basement Plan. 15659 15660 JOURNAL-CITY COUNCIL-CHICAGO (Sub)Exhibit "E-2". (To Shubert Theatre Redevelopment Agreement) Description Of Significant Historical Features. Ground Floor Plan. 12/17/2003 12/17/2003 REPORTS OF COMMITTEES (Sub)Exhibit "E-2". (To Shubert Theatre Redevelopment Agreement) Description Of Significant Historical Features. Second Floor Plan. 15661 15662 JOURNAL-CITY COUNCIL-CHICAGO (Sub)Exhibit "E-2". (To Shubert Theatre Redevelopment Agreement) Description Of Significant Historical Features. Ground Floor Plan ~ North. 12/17/2003 12/17/2003 REPORTS OF COMMITTEES 15663 (Sub)Exhibit "G-1". (To Shubert Theatre Redevelopment Agreement) Project Budget. Construction Costs $12,778,000 Acquisition 1,200,000* Facade/Exterior Wall 1,952,000 Fixtures, Furnishings and Equipment 1,602,500 Architecture and Engineering 1,498,000 Soft Costs 1,471,860 Contingency 1,168,806 Developer's Fee 700,000 Asbestos Removal 650,000 Demolition 600,000 Construction Period Interest 510,000 Construction Management 436,040 Legal Fees 420.000 TOTAL: $24,987,206 * Developer has, as of the Closing Date, acquired the Hotel Improvements for Three Million Dollars ($3,000,000) from Monroe, which, as ofthe date of City Council approval ofthis Agreement, owned the Hotel Improvements. Monroe Hotel, L.L.C. an affiliate of Monroe, is a sixty percent (60%) owner ofthe Developer. The One Million Two Hundred Thousand Dollar ($ 1,200,000) line item represents forty percent (40%) ofthe Three Million Dollar ($3,000,000) acquisition cost by the Developer and corresponds to the capital being contributed by Northern Shubert Hotel Associates, L.L.C. for its forty percent (40%) interest in the Developer. 15664 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 (Sub)Exhibit "G-2". (To Shubert Theatre Redevelopment Agreement) M.B.E./W.B.E. Budget Construction Cost $12,778,000 Architecture and Engineering 1,498,000 Contingency 1,168,806* Asbestos Removal 650,000 Demolition 600.000 TOTAL: $16,694,806 Required M.B.E./W.B.E. Expenditures. M.B.E. Allocation (25%) W.B.E. Allocation (5%) TOTAL: $4,173,702 834.740 $5,008,442 Notwithstanding the inclusion of the One Million One Hundred Sixty-eight Thousand Eight Hundred Six Dollar ($1,168,806) Contingency line item in the M.B.E./W.B.E. Budget, only the actual funds used to pay for costs associated with Construction Costs, Architecture and Engineering costs, Asbestos Removal costs and Demolition costs above and beyond the line item amounts set forth above for such line items will be included in the final M.B.E./W.B.E. Budget. If less than One Million One Hundred Sixty-eight Thousand Eight Hundred Six Dollars ($1,168,806) of funds are used on such above and beyond costs, the M.B.E./W.B.E. Budget and Required M.B.E./W.B.E. Expenditures shall be adjusted downward accordingly based on such actual Contingency expenditures. The contingency line item shall not be adjusted above One Million One Hundred Sixty-eight Thousand Eight Hundred Six Dollars ($1,168,806). 12/17/2003 REPORTS OF COMMITTEES 15665 (Sub)Exhibit "I". (To Shubert Theatre Redevelopment Agreement) Opinion Of Developer's Counsel [To be retyped on the Developer's Counsel's letterhead] , 2003. City of Chicago 121 North LaSalle Street Chicago, Illinois 60602 Attention: Corporation Counsel Ladies and Gentlemen: We have acted as counsel to Shubert Hotel Associates, L.L.C, a limited liability company (the "Developer"), and Monroe Presentation, L.L.C, a limited liability company ("Monroe", and together with Developer, the "Developer Parties"), in connection with a certain redevelopment project located in the Central Loop Redevelopment Project Area (the "Project"). In that capacity, we have examined, among other things, the following agreements, instruments and documents of even date herewith, hereinafter referred to as the "Dbcuments": (a) the Shubert Theatre Redevelopment Agreement (the "Agreement") dated as of 1, 2003, executed by the Developer, Monroe and the City ofChicago (the "City"); (b) the Junior Construction Mortgage ("Mortgage") dated as of executed by the Developer and Monroe; and 1, 2003, (c) all other agreements, instruments and documents executed in connection with the foregoing. In addition to the foregoing, we have examined: (a) the original or certified, conformed or photostatic copies of each of the Developer Parties' (i) Articles of Organization, as amended to date, (ii) qualifications to do business and certificates of existence in all states in which the Developer Party is qualified to do business, (iii) Operating Agreement, as amended to date, (iv) member consents, resolutions or other evidence of the Developer's 15666 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Pstrty authority to execute and deliver the Documents; (v) em incumbency certificate establishing the signatory authority with respect to the officer signing the Documents; and (vi) such other documents, records and legal matters as we have deemed necessary or relevant for purposes of issuing the opinions hereinafter expressed. In all such examinations, we have assumed the genuineness of all signatures (other than those ofthe Developer Parties), the authenticity of documents submitted to u s as originals and conformity to the originals of all documents submitted to u s as certified, conformed or photostatic copies. Based on the foregoing, it is our opinion that: 1. Each of the Developer Parties is a limited liability company, duly organized, validly existing and in good standing under the laws of its state of organization, has full power and authority to own and lease its properties and to carry on its business as presently conducted, and is in good standing under the laws of Illinois. 2. Each ofthe Developer Parties has full right, power and authority to execute" and deliver the Documents to which it is a party and to perform its obligations thereunder. Such execution, delivery and performance will not conflict with, or result in a breach of, either Developer Party's Articles of Organization or Operating Agreement or result in a breach or other violation of any of the terms, conditions or provisions of any law or regulation, order, writ, injunction or decree of any court, govemment or regulatory authority, or, to the best of our knowledge after diligent inquiry, any of the terms, conditions or provisions of any agreement, instrument or document to which either Developer Party is a party or by which the Developer Party or its properties is bound. To the best of our knowledge after diligent inquiry, such execution, delivery and performance will not constitute grounds for acceleration ofthe maturity ofany agreement, indenture, lindertaking or other instrument to which either Developer Party is a party or by which it or any ofits property may be bound, or result in the creation or imposition of (or the obligation to create or impose) any lien, charge or encumbrance on, or security interest in, any of its property pursuant to the provisions of any of the foregoing, other than liens or security interests in favor of the lender providing Lender Financing (as defined in the Agreement). 3. The execution and delivery of each Document and the performance of the transactions contemplated thereby have been duly authorized and approved by all requisite action on the part of each Developer Party. 12/17/2003 REPORTS OF COMMITTEES 15667 4. Each of the Documents to which each Developer Party is a party has been duly executed and delivered by a duly authorized officer of such Developer Party, and each such Document constitutes the legal, valid and binding obligation ofthe Developer Party, enforceable in accordance with its terms, except as limited by applicable bankruptcy, reorganization, insolvency or similar laws affecting the enforcement of creditors' rights generally. 5. (Sub)Exhibit A attached hereto identifies, with respect to the applicable Developer Party and such Developer Party's Operating Agreement: (a) the members; (b) the membership interest percentage held by each member; (c) the managing member(s) or manager(s); (d) the total capital contributions required to be made by the members; and (e) the total contributed and unreturned capital contributions made as of the date hereof 6. To the best of our knowledge after diligent inquiry, no judgments are outstanding against either Developer Party, nor is there now pending or threatened, any litigation, contested claim or govemmental proceeding by or against either Developer Party or affecting such Developer Party or its property, or seeking to restrain or enjoin the performance by the Developer Party of the Agreement or the transactions contemplated by the Agreement, or contesting the validity thereof. To the best of our knowledge after diligent inquiry, neither Developer Party is in default with respect to any order, writ, injunction or decree ofany court, govemment or regulatory authority or in default in any respect under aiiy law, order, regulation or demand of any govemmental agency or instrumentality, a default under which would have a material adverse effect on the Developer Party or its business. 7. To the best of our knowledge after diligent inquiry, there is no default by either Developer Party or any other party under any material contract, lease, agreement, instrument or commitment to which the Developer Party is a party or by which the company or its properties is bound. 8. To the best of our knowledge after diligent inquiry, all of the assets of the Developer Parties are free and clear of mortgages, liens, pledges, security interests and encumbrances except for those specifically set forth in the Documents. 9. The execution, delivery and performance ofthe Documents by the Developer Parties have not and will not require the consent of any person or the giving of notice to, any exemption by, any registration, declaration or filing with or any taking ofany other actions in respect of, any person, including without limitation any court, govemment or regulatory authority. 10. To the best of our knowledge after diligent inquiry, each Developer Party owns or possesses or is licensed or otherwise has the right to use all licenses, 15668 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 permits and other govemmental approvals and authorizations, operating authorities, certificates of public convenience, goods carriers permits, authorizations and other rights that are necessary for the operation of its business. 11. A federal or state court sitting in the State of Illinois and applying the choice of law provisions of the State of Illinois would enforce the choice of law contained in the Documents and apply the law of the State of Illinois to the transactions evidenced thereby. We are attomeys admitted to practice in the State of Illinois and we express no opinion as to any laws other than federal laws of the United States of America and the laws of the State of Illinois. This opinion is issued at the Developer's request for the benefit of the City and its counsel, and may not be disclosed to or relied upon by any other person. Very truly yours. By: Name: [(Sub)Exhibit "A" referred to in this Opinion of Developer's Counsel unavailable at time of printing.] (Sub)Exhibit "J". (To Shubert Theatre Redevelopment Agreement) Requisition Form. State of Illinois ) )SS. County of Cook ) The affiant, , in his/her capacity as of 12/17/2003 REPORTS OF COMMITTEES 15669 Northem Shubert Hotel Associates, L.L.C, the managing member of Shubert Hotel Associates, L.L.C. (the "Developer"), hereby certifies as to the following with respect to that certain Shubert Theatre Redevelopment Agreement between the Developer and the City of Chicago dated , 2004 (the "Agreement"). Capitalized terms not defined herein shall have the meaning given in the Agreement. As of the date hereof: A. The Developer's expenditures for the Project total $ . B. The City has paid City Funds to the Developer totaling $_ C The Developer requests reimbursement in the amount of $ because the milestone indicated below is applicable (check applicable line(s)): Completion of Exterior and Facade Work ($2,000,000) Completion of Theatre and Lobby Work ($2,000,000) Completion of Hotel Conversion Project ($1,500,000) No Naming Rights Agreement by Specified Date ($250,000) Incurrence of Green Roof Work Costs (up to $250,000) A Partial Completion Certificate or Final Certificate, as applicable, evidencing the completion of such milestone is attached. D. The costs referenced in paragraph C above for which the Developer requests reimbursement have not been previously reimbursed by the City. E. The Developer hereby certifies to the City that, as of the date hereof: 1. Except as described in the attached certificate, the representations and warranties contained in the Redevelopment Agreement are true and correct and the Developer (and, as applicable, Monroe) is in compliance with all applicable covenants contained herein. 2. No Event of Default or condition or event which, with the giving of notice or passage of time or both, would constitute ian Event of Default, exists or has occurred. 15670 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Shubert Hotel Associates, L.L.C, an Illinois limited liability company By: Northem Shubert Hotel Associates, L.L.C, its managing member By: Name: Title: Subscribed and sworn before me this day of . My commission expires: Agreed and Accepted: Name Title: City of Chicago, Department of Planning and Development (Sub) Exhibit "K". (To Shubert Theatre Redevelopment Agreement) Junior Construction Mortgage. This Junior Construction Mortgage ("Mortgage") is made and given as ofthis first 12/17/2003 REPORTS OF COMMITTEES 15671 (1^') day of , 2004, by Shubert Hotel Associates, L.L.C, an Illinois limited liability company, having an address in care of Northem Realty Group, 33 North Dearbom Street, Suite 1200, Chicago, Illinois 60602 ("Mortgagor"), to the City of Chicago, an Illinois municipal corporation, having its principal office at 121 North LaSalle Street, Chicago, Illinois 60602 ("City" or "Mortgagee"). Recitals. Whereas, The City Council of the City, by ordinance adopted , 2003, authorized the execution by Mortgagor, Monroe Presentations, L.L.C, an Illinois limited liability company, and the City of that Shubert Theatre Redevelopment Agreement dated as of the date hereof, a copy of which has been recorded prior to the recording of this Mortgage (such agreement, as amended, supplemented or modified, the "Redevelopment Agreement"); and Whereas, All terms, unless defined herein, shall have the meaning given to them in the Redevelopment Agreement; and Whereas, The Redevelopment Agreement provides, inter alia, for the Mortgagor to acquire and renovate the top fifteen (15) floors of the building commonly known as the Majestic Building and located at 22 West Monroe Street, Chicago, Illinois, the legal description ofwhich is attached hereto as (Sub)Exhibit A (such top fifteen (15) floors, and Mortgagor's right, title and interest in all appurtenances thereto, the "Hotel"), which building is located on the real property legally described in (Sub)Exhibit B attached hereto (the "Land"), and thereafter operate such Hotel as a nightly rate or extended-stay hotel (the "Hotel Conversion Project"); and Whereas, Upon completion of the renovation work associated with the Hotel Conversion Project, the occurrence of the Hotel Operations Commencement Date and the satisfaction ofthe Construction Covenants (as defined below), the City will pay City Funds to the Developer in the amount of One Million Five Hundred Thousand Dollars ($1,500,000), as further described in the Redevelopment Agreement; and Whereas, The City Funds will be derived from the proceeds of the City's City of Chicago General Obligation Bonds (Central Loop Redevelopment Project) Series 2003B (Taxable) and are to be used in accordance with any laws, regulations and ordinances goveming the use of such funds, including, without limitation, the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1, et seq.; and Whereas, As consideration for its receipt of the City Funds, the Mortgagor has 15672 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 agreed to complete the Hotel Conversion Project in accordance with the terms and conditions ofthe Redevelopment Agreement, which includes, among other things, compljdng with certain covenants running with and affecting the Land as set forth in Sections 8.01(d) and (j), 8.02, 8.21(b) and 8.22(b) of the Redevelopment Agreement (collectively, the "Perfonnance Covenaints") and Whereas, The Mortgagor is also obligated during the renovation period to comply with, among other things, the following sections ofthe Redevelopment Agreement: the prevailing wage requirements in Section 8.09; the employment opportunity. City resident employment and M.B.E./W.B.E. utilization requirements in Section 8.07 and Sections 10.01, 10.02 and 10.03; and the financing restrictions inherent in the definition of Lender Financing and in Sections 8.01 (k) and Section 16 (c) (collectively, the ("Construction Covenants"); and Whereas, The parties intend that this Mortgage secure: (i) Mortgagor's perfonnance of (A)the Construction Covenants, (B) the Performance Covenants, and (C) Mortgagor's obligations u n d e r t h i s Mortgage; and (ii) Mortgagor's payment ofany amounts payable by Mortgagor to the City under (A) the indemnification provisions in Section 11 and Section 13 ofthe Redevelopment Agreement, (B) the remedies provisions in Sections 7.02 or 15.02 ofthe Redevelopment Agreement, as applicable, and (C) this Mortgage (all such obligations, collectively, "Mortgagor's Secured Obligations"); Now, Therefore, To secure the performance by Mortgagor of Mortgagor's Secured Obligations, and in order to charge the properties, interests and rights hereinafter described with such mortgage lien, Mortgagor has executed and delivered the Mortgage and does hereby grant, convey, assign, mortgage, w a n a n t , grant a security interest in, and confirm unto, Mortgagee and its successors and assigns forever, all ofthe following rights, interests, claims and property (collectively, the "Mortgaged Property"), subject to the title matters, liens and encumbrances set forth in (SubjExhibit C attached hereto: (A) the Mortgagor's interest, ifany, in the Land, together with all easements, water rights, hereditaments, mineral rights and other claims, rights and interests appurtenant thereto; (B) the Mortgagor's interest in all structures and other improvements of every nature whatsoever now or hereafter located above the fifth floor of the Building, including, without limitation, the Hotel, all associated fixtures or attachments of every kind and nature whatsoever now or hereafter owned by Mortgagor which are or shall be attached to, located in or on, forming a part of, used or intended to be used in connection with or incorporated in the Hotel, including all extensions, additions, improvements, betterments, renewals and replacements ofany ofthe foregoing ("Hotel Improvements"); 12/17/2003 REPORTS OF COMMITTEES 15673 (C) all ofthe Mortgagor's interest in all tenements, easements, rights of support, common utilities, common building systems, other shared services necessary to the operation ofthe Building, rights-of-way and rights used as a means of access to the Land and Hotel Improvements and appurtenances thereto now or hereafter belonging or pertaining thereto; (D) all of the Mortgagor's interest in all rents and issues of the Hotel Improvements from time to time and all ofthe estate, right, title, interest, property, possession, claim and demand at law, as well as in equity of Mortgagor, in and to the same; (E) all right, title and interest of Mortgagor in and to all fixtures, personal property ofany kind or character now or hereafter attached to, contained in and used or useful in connection with the Hotel Improvements, together with all fumiture, floor covering, fittings, furnishings, apparatus, goods, systems, fixtures and other items of personal property now or hereafter located in, upon or affixed to the Hotel Improvements, and as may be reasonably used or useful in connection with any present or future operation ofthe Hotel Improvements, including, but not limited to, all apparatus and equipment used to supply heat, gas, air-conditioning, water, light, power, refrigeration, electricity, plumbing and ventilation, including all renewals, additions and accessories to and replacements of and substitutions for each and all of the foregoing, and all proceeds therefrom (the "Hotel Equipment"); (F) all of the estate, interest, right, title or other claim or demand which Mortgagor now has or may acquire with respect to (i) proceeds of insurance in effect with respect to the Hotel Improvements or the Hotel Equipment, and (ii) any and all awards, claims for damages, judgments, settlements and other compensation made for or consequent upon the taking by condemnation, eminent domain or any like proceeding of all or any portion of the Hotel Improvements or the Hotel Equipment; (G) all intangible personal property, accounts, licenses, permits, instruments, contract rights, and chattel paper of Mortgagor, including, but not limited to cash, accounts receivable, bank accounts, certificates of deposit, rights (if any) to amounts held in escrow, deposits, judgments, liens and causes of action, warranties and guarantees, relating to the Hotel Equipment or the Hotel Improvements; (H) all other property rights of Mortgagor of any kind or character related to all or £iny portion of the Hotel Improvements or the Hotel Equipment; and (I) the proceeds from the sale, transfer, pledge or other disposition ofany or all of the property described in the preceding clauses. 15674 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 All of Mortgagor's interest in the property hereinabove described, real, personal and mixed, whether or not affixed or annexed, and all rights hereby conveyed and mortgaged are intended so to be as a unit and are hereby understood, agreed and declared, to the maximum extent permitted by law, to form a part and parcel ofthe Land to the extent of Mortgagor's interest therein, ifany. Hotel Improvements and Hotel Equipment and to be appropriated to the use thereof, and shall for the purposes of the Mortgage deemed to be conveyed and mortgaged hereby; provided, however, as to any property aforesaid which does not so form a part and parcel of the Land, ifany, the Hotel and Hotel Improvements and Hotel Equipment and would instead be deemed personal property subject to a security interest under Article IX of the Uniform Commercial Code of Illinois (the "Code"), the Mortgage is hereby deemed also to be a Security Agreement under the Code for the purposes of granting a security interest in such property, which Mortgagor hereby grants to Mortgagee as secured party (as defined in the Code) and as also contemplated and provided for in Section 6.10 hereof To Have And To Hold the Mortgaged Property and all parts thereof unto Mortgagee, its successors and assigns, to its own proper use, benefit and advantage forever,, subject, however, to the terms, covenants and conditions herein; Without limitation of the foregoing. Mortgagor hereby further grants unto Mortgagee, pursuant to the provisions of the Code, a security interest in all of the above-described property which are or are to become fixtures. Section I. Incorporation Of Recitals. The Mortgagor acknowledges and agrees that the recitals set forth above constitute an integral part of the Mortgage and are hereby incorporated herein by this reference. Section II. Incorporation Of Redevelopment Agreement Provisions. The Mortgagor acknowledges and agrees that all of the sections of the 12/17/2003 REPORTS OF COMMITTEES 15675 Redevelopment Agreement cited in the Recitals to this Mortgage or elsewhere cited herein, along with all defined terms used in such sections and all other defined terms from the Redevelopment Agreement that are used in this Mortgage, together with such other provisions ofthe Redevelopment Agreement as maybe necessary to reasonably construe such sections and defined terms, are incorporated herein by reference as if fully written out and included as definitions and independent covenants in this Mortgage. Section IIL Covenants. The Mortgagor covenants, represents and warrants to Mortgagee that: 3.1 Redevelopment Agreement Covenants. Mortgagor shall perform and pay, as applicable, all of Mortgagor's Secured Obligations. 3.2 Maintenance Of The Mortgaged Property. (a) Mortgagor shall preserve and maintain the Mortgaged Property in good condition and repair, shall not commit or suffer any waste thereof, and shall keep the same in a clean, orderly and attractive condition. Mortgagor shall not do or suffer to be done anything which will increase the risk of fire or other hazard to the Mortgaged Property or any part thereof. (b) If the Mortgaged Property or any part thereof is damaged by fire or any other cause, Mortgagor will immediately give written notice ofthe same to Mortgagee. (c) Mortgagor shall comply with, and cause the Mortgaged Property to comply with, all present and future laws, ordinances, orders, rules, regulations and requirements ofany govemmental authority applicable to the Mortgaged Property, or any part thereof, and with all recorded restrictions and encumbrances affecting the Mortgaged Property, or any part thereof. 3.3 Subordination. Mortgagee acknowledges that the lien of this Mortgage shall be subject and 15676 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 subordinate to the first mortgage lien granted by Mortgagor in favor of [Insert Name Of Senior Lender] pursuant to that certain [Construction Loan Mortgage] dated , 2004 executed by the Mortgagor in favor of such senior lender or such mortgage lien to be granted by Mortgagor in favor ofa senior lender to provide for financing for the construction and redevelopment ofthe Hotel (such mortgage, the "First Mortgage") u p to a maximum amount of principal senior indebtedness (exclusive of protective advances voluntarily made by such senior lender) of [Appraised Valued Value Of Hotel Less One Million Five Hundred Thousand Dollars ($1,500,000)]. 3.4 Exclusion. This Mortgage does not encumber any portion of the Building below the sixth (6'^) floor ofthe Building, including, without limitation, the Shubert Theatre and any associated signage. Section LV. Performance And Repayment Obligations. 4.1 Generally. If Mortgagor fails to perform and pay, as applicable, all of Mortgagor's Secured Obligations and such failure constitutes an Event of Default (as defined in Section 5.1 below), the Mortgagee, without fiarther notice or cure period, may proceed to foreclose this Mortgage and to exercise any other rights and remedies available to Mortgagee under this Mortgage and Section 7.02 or Section 15.02 ofthe Redevelopment Agreement, as applicable. 4.2 Release Of Mortgage. If Mortgagor performs and pays, as applicable, all of Mortgagor's Secured Obligations, then the Mortgagee shall, within thirty (30) days of receipt of a written request from Mortgagor anytime on or after the Fifth Anniversary Date, execute a release of this Mortgage in recordable form. The Mortgagee acknowledges and agrees that the Construction Covenants and certain of the Performance Covenants shall, if satisfied, be satisfied prior to such Fifth Anniversary Date. Nothing in this Section 4.2 is intended to or shall be construed to extend such compliance periods for such covenants beyond those set forth in the Redevelopment Agreement. This 12/17/2003 REPORTS OF COMMITTEES 15677 Mortgage shall also be released upon the defeasance of the Redevelopment Agreement in accordance with Section 15.04 thereof. Section V. Default. 5.1 Events Of Default. As used in this Mortgage, the term "Event of Default" shall mean a default by Mortgagor in performing or pajdng, as applicable, any one (1) or more of Mortgagor's Secured Obligations which failure (after giving effect to any applicable notice, grace and cure periods, if any) constitutes an Event of Default under Redevelopment Agreement. 5.2 Mortgagee's Options; Subrogation. (a) In case of and Event ofDefault, Mortgagee may make any payment or perfonn any act required of Mortgagor and may make full or partial payments of principal or interest on any Lender Financing or prior encumbrances, if any, and purchase, discharge, compromise or settle any tax lien or other prior lien or title or claim thereof, or redeem the Mortgaged Property from any tax sale or forfeiture affecting the Mortgaged Property or contest any tax or assessment thereon. All monies paid for any of the purposes herein authorized and all expenses paid or incuned in connection therewith, including attorneys' fees, and any other monies advanced by Mortgagee to protect the Mortgaged Property and the lien hereof, shall be deemed additional indebtedness secured hereby. Inaction of Mortgagee shall never be considered as a waiver of any right accruing to it on account of any default on the part of Mortgagor. (b) To the extent that Mortgagee, on or after the date hereof, pays any sum under any provision of law or any instrument or document creating any lien or other interest prior or superior to the lien of this Mortgage, or Mortgagor or any other person or entity pays any such sum with the proceeds of the indebtedness secured hereby, Mortgagee shall have and be entitled to a lien or other interest on the Mortgaged Property equal in priority to the lien or other interest discharged and Mortgagee shall be subrogated to, and receive and enjoy all rights and liens possessed, held or enjoyed by, the holder of such lien, which shall remain in existence and benefit Mortgagee in securing the indebtedness secured hereby; provided however Mortgagee shall not be entitled to a lien or other interest in the 15678 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Mortgaged Property pursuant to any lien created by the Lender Financing documents or in connection with any financing or lien arising with respect to any portion ofthe Building below the sixth (6*) floor ofthe Building, including, without limitation, the Shubert Theatre and any associated signage. 5.3 Remedies. Mortgagee's remedies as provided in this Mortgage and the Redevelopment Agreement shall be cumulative and concunent and may be pursued singularly, successively or together, at the sole discretion of Mortgagee and may be exercised as often as occasion therefor shall arise, and shall not be exclusive but shall be in addition to every other remedy now or hereafter existing at law, in equity or by statute. 5.4 Additional Indebtedness. In the event that the Mortgagee retains an attomey to: (a) assist in collecting amounts owed or enforcing the Mortgagee's rights under this Mortgage or the Redevelopment Agreement; (b) represent Mortgagee in any bankixiptcy, reorganization, receivership or other proceedings affecting creditors' rights and involving a claim under this Mortgage or the Redevelopment Agreement; (c) protect or enforce the lien of this Mortgage; or (d) represent Mortgagee in any other proceedings whatsoever in connection with this Mortgage, the Redevelopment Agreement or the Mortgaged Property, then Mortgagor shall pay to Mortgagee all reasonable attorneys' fees, and all costs and expenses incuned in connection therewith. 5.5 No Waiver. Failure of Mortgagee, for any period of time or on more than one occasion, to exercise any such remedy shall not constitute a waiver of the right to exercise the same at any time thereafter or in the event of any subsequent Event of Default. No act of omission or commission of Mortgagee, including specifically any failure to exercise any right or remedy, shall be deemed to be a waiver or release ofthe same; any such waiver or release is to be effected only through a written document executed by Mortgagee and then only to the extent specifically recited therein. A waiver or release with reference to any one (1) event shall not be construed as a waiver or release of any subsequent event or as a bar to any subsequent exercise of Mortgagee's rights or remedies hereunder. Except as otherwise specifically required herein, notice of the exercise of any right or remedy granted to Mortgage is not 12/17/2003 REPORTS OF COMMITTEES 15679 required to be given. 5.6 Right Of Possession. To the extent permitted by law, in any case in which, under the provisions of this Mortgage, Mortgagee has a right to institute foreclosure proceedings, whether before or after the institution of such proceedings or before or after sale thereunder. Mortgagor shall, at the option of Mortgagee, s u n e n d e r to Mortgagee, and Mortgagee shall be entitled to take, actual possession of all or any portion of the Mortgaged Property personally or by its agents or attomeys, and Mortgagee, in its sole discretion, may enter upon, take and maintain possession of all or any portion of the Mortgaged Property pursuant to process of law. Upon taking possession of the Mortgaged Property, Mortgagee may make all necessary or proper repairs, decoration, renewals, replacements, alterations, additions, betterments and improvements in connection with the Mortgaged Property as it may deem judicious to insure, protect and maintain the Mortgaged Property against all risks incidental to Mortgagee's possession, operation and management thereof, and may receive all rents, issues and profits therefrom. 5.7 Foreclosure Sale. The Mortgaged Property or any interest or estate therein sold pursuant to any court order or decree obtained under this Mortgage shall be sold in one (1) parcel, as an entirety, or in such parcels and in such manner or order as Mortgagee, in its sole discretion, may elect, to the maximum extent permitted by Illinois law. At any such sale, Mortgagee may bid for and acquire, as purchaser, all or any portion ofthe Mortgaged Property and, in lieu of paying cash therefor, may make settlement for the purchase price by crediting upon the indebtedness due the amount of Mortgagee's bid. 5.8 Application Of Proceeds From Foreclosure Sale. Proceeds ofany foreclosure sale ofthe Mortgaged Property shall be distributed and applied in the following order of priority: (i) to repay all costs and expenses incident to the foreclosure proceedings; (ii) to repay any indebtedness payable with respect to the First Mortgage; (iii) to repay any amounts owed by Mortgagor to the City pursuant to Sections 11, 13 and 15.02 bf the Redevelopment Agreement or otherwise due and payable under this Mortgage, with interest thereon at the rate of fifteen percent (15%) per annum (the "Interest Rate"); and (iv) assuming there are 15680 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 no other lien claimants or creditors entitled to such proceeds, any surplus or remaining funds to Mortgagor, its successors or assigns, as their rights may appear. 5.9 Insurance Upon Foreclosure. Wherever provision is made in the Redevelopment Agreement for insurance policies to bear mortgage clauses or other loss payable clauses or endorsements in favor of Mortgagee, or to confer authority upon Mortgagee to settle or participate in the settlement of losses under policies of insurance or to hold and disburse or otherwise control use of insurance proceeds, subject to the rights of the senior lender under the First Mortgage, from and after the entry of judgment of foreclosure all such rights and powers of Mortgagee shall continue in Mortgagee as judgment creditor or mortgagee until confirmation of sale. Upon confirmation of sale. Mortgagee shall be empowered to assign all policies of insurance to the purchaser at the sale. In case of an insured loss after foreclosure proceedings have been instituted, the proceeds of any insurance policy or policies, if not applied in restoring the Mortgaged Property, shall be used to pay the amount due in accordance with any foreclosure decree that may be entered in any such proceedings, and the balance, if any, shall be paid as the court may direct. 5.10 Waiver Of Statutory Rights. To the extent pennitted by law. Mortgagor shall not apply for or avail itself of any appraisement, valuation, redemption, reinstatement, stay, extension or exemption laws or any so-called "Moratorium Laws" now existing or hereafter enacted, in order to prevent or hinder the enforcement of foreclosure of this Mortgage and hereby waives the benefit ofsuch laws. Mortgagor, for itselfand all who may claim through or under it, waives any and all right to have the property and estates comprising the Mortgaged Property marshalled upon any foreclosure of the lien hereof and agrees that any court having jurisdiction to foreclose such lien may order the Mortgaged Property sold as an entirety. To the extent permitted by law, Mortgagor hereby expressly waives any and all rights of redemption and reinstatement, on its own behalf and on behalf of each and every person having a beneficial interest in Mortgagor, it being the intent hereof that any and all such rights of redemption or reinstatement of Mortgagor and of all other persons are and shall be deemed to be hereby waived. Mortgagor acknowledges that the Mortgaged Property do not constitute agricultural real estate, as said term is defined in Section 5/15-1201 of the Illinois Mortgage Foreclosure Law, 735 ILCS 5/15-1101, et seq. (the "Act") or residential real estate as defined in Section 5/15-1219 ofthe Act. 12/17/2003 5.11 REPORTS OF COMMITTEES 15681 Partial Payments. Acceptance by Mortgagee ofany payment which is less than pajmient in full ofall amounts due and payable at the time ofsuch payment shall not constitute a waiver of Mortgagee's right to exercise its option to declare the whole of the sum then remaining unpaid, together with all interest thereon at the Interest Rate, immediately due and payable without notice, or any other rights of Mortgagee at that time or any subsequent time, without its express written consent, except and to the extent otherwise proyided by law. This Section 5.11 shall be construed consistently with Mortgagor's rights under Sections 15.04 and 15.05 of the Redevelopment Agreement. 5.12 Rescission Of Election. The obligation of Mortgagor to make immediate payment, once such pajrment becomes due under the terms ofthis Mortgage, may at the option of Mortgagee be rescinded, and any proceedings brought to enforce any rights or remedies hereunder may, at Mortgagee's option, be discontinued or dismissed. In either ofsuch events, Mortgagor and Mortgagee shall be restored to their former positions, ctnd the rights, remedies and powers of Mortgagee shall continue as if such obligation to make immediate payment had not been made or such proceedings had not been commenced, as the case may be. 5.13 Protective Advances; Maximum Amount Of Indebtedness. All advances, disbursements and expenditures made by Mortgagee before and during a foreclosure, and before and after judgment of foreclosure, and at any time prior to sale, and, where applicable, after sale, and during the pendency of any related proceedings, for the following purposes, in addition to those otherwise authorized by this Mortgage or by the Act (collectively "Protective Advances"), shall have the benefit of all applicable provisions of the Act, including those provisions of the Act hereinbelow refened to: (a) all advances by Mortgagee to: (i) preserve or maintain, repair, restore or rebuild the improvements upon the Mortgaged Property; (ii) preserve the lien of this Mortgage or the priority thereof or (iii) enforce this Mortgage, as refened to in Subsection (b)(5) ofSection 5/15-1302 ofthe Act; (b) payments by Mortgagee of: (i) when due, installments of principal, interest or other obligations in accordance with the terms ofthe documents evidencing and securing the Lender Financing, if any, or other prior lien or encumbrance; (ii) when due, installments of real estate taxes and assessments, general and special 15682 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 and all other taxes and assessments of any kind or nature whatsoever which are assessed or imposed upon the Mortgaged Property or any part thereof; (iii) other obligations authorized by this Mortgage; or (iv) with court approval, any other amounts in connection with other liens, encumbrances or interests reasonably necessary to preserve the status oftitle, as refened to in Section 5/15-1505 ofthe Act; (c) advances by Mortgagee in settlement or compromise of any claims asserted by claimants under any mortgages or any other prior liens; (d) attorneys' fees and other costs incuned: (i) in connection with the foreclosure of this Mortgage as refened to in Sections 5/15-1504(d)(2) and 5/15-1510 of the Act; (ii) in connection with any action, suit or proceeding brought by or against Mortgagee for the enforcement of this Mortgage or arising from the interest of Mortgagee hereunder; or (iii) in the preparation for the commencement or defense of ctny such foreclosure or other action; (e) Mortgagee's fees and costs, including attorneys' fees, arising between the entry of judgment of foreclosure and the confirmation hearing as refened to in subsection (b)(1) ofSection 5/15-1508 ofthe Act; (f) advances of any amount required to make up a deficiency in deposits for or pajrments of installments of taxes and assessments and insurance premiums; (g) expenses deductible from proceeds of sale as refened to in subsections (a) and (b) ofSection 5/15-1512 ofthe Act; (h) expenses incuned and expenditures made by Mortgagee for any one (1) or more ofthe following: (i) [Intentionally Deleted]; (ii) [Intentionally Deleted]; (iii) premiums for casualty and liability insurance paid by Mortgagee whether or not Mortgagee or a receiver is in possession, if reasonably required, in reasonable amounts, and all renewals thereof, without regard to the limitation to maintaining of existing insurance in effect at the time any receiver or mortgagee takes possession of the Mortgaged Property imposed by subsection (c)(1) of Section 5/15-1704 ofthe Act; (iv) repair or restoration of damage or destruction in excess of available insurance proceeds or condemnation awards; (v) payments required or deemed by Mortgagee to be for the benefit of the Mortgaged Property or required to be made by the owner of the Mortgaged Property under any grant or declaration of easement, easement agreement, agreement with any adjoining land owners, or instruments creating covenants or restrictions for the benefit of or affecting the Mortgaged Property; (vi) shared or common expense assessments payable to any association or corporation in which the owner of the Mortgaged Property is a member in any way affecting the Mortgaged Property; (vii) if the loan secured hereby is a construction loan, costs incuned by Mortgagee for demolition, 12/17/2003 REPORTS OF COMMITTEES 15683 preparation for and completion of construction, as may be authorized by the applicable commitment or loan agreement; (viii) p u r s u a n t to any lease or other agreement for occupancy of the Mortgaged Property; and (ix) if this Mortgage is insured, pajrments of F.H.A. or private mortgage insurance. All Protective Advances shall be so much additional indebtedness secured by this Mortgage. This Mortgage shall be a lien for all Protective Advances as to subsequent purchasers and judgment creditors from the time this Mortgage is recorded pursuant to subsection (b)(1) of Section 5/15-1302 of the Act. All Protective Advances shall, except to the extent, if any, that any of the same is clearly contrary to or inconsistent with the provisions of the Act, apply to and be included in: (1) the detennination ofthe amount of indebtedness secured by this Mortgage at any time; (2) the indebtedness found due and owing to Mortgagee in the judgment of foreclosure and any subsequent supplemental judgments, orders, adjudications or findings by the court of any additional indebtedness becoming due after such entry of judgment, it being agreed that in any foreclosure judgment, the court may reserve jurisdiction for such purpose; (3) if the right of redemption has not been waived by this Mortgage, computation of amount required to redeem, pursuant to subsections (d)(2) and (e) ofSection 5/15-1603 ofthe Act; (4) the determination of amounts deductible from sale proceeds pursuant to Section 5/15-1512 of the Act; (5) the application of income in the hands of any receiver or mortgagee in possession; and (6) the computation ofany deficiency judgment pursuant to subsections (b)(2) and (e) ofSections 5/15-1508 and Section 5/15-1511 ofthe Act. The maximum principal amount of indebtedness secured by this Mortgage shall be Three Million Dollars ($3,000,000), plus any Protective Advances, with interest on such sum at the Interest Rate. 15684 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Section VI. Miscellaneous Provisions. 6.1 Notice. Unless otherwise specified, any notice, demand or request required hereunder shall be given in the same manner as in Section 17 of the Redevelopment Agreement. 6.2 Time. Time is of the essence with respect to this Mortgage and the performance of the covenants contained herein. 6.3 Modifications. This Mortgage may not be altered, amended, modified, canceled, changed or discharged except by written instrument signed by Mortgagor and Mortgagee or their respective permitted successors and permitted assigns. 6.4 Headings. The headings of articles, sections, paragraphs and subparagraphs in this Mortgage are for convenience of reference only and shall not be construed in any way to limit or define the content, scope or intent of the provisions hereof 6.5 Goveming Law; Venue; Jurisdiction. This Mortgage shall be construed and enforced according to the intemal laws of the State of Illinois without regard to its conflict of laws principles. If there is a lawsuit under this Mortgage, each party agrees to submit to the jurisdiction ofthe courts of Cook County, the State of Illinois, or the United States District Court for the Northem District of Illinois. 6.6 Severability. If any provision of this Mortgage, or any paragraph, sentence, clause, phrase or 12/17/2003 REPORTS OF COMMITTEES 15685 word, or the application thereof, in any circumstance, is held invalid, the remainder of this Mortgage shall be construed as if such invalid part were never included herein and this Mortgage shall be and remain valid and enforceable to the fullest extent permitted by law. 6.7 Grammar. As used in this Mortgage, the singular shall include the plural, and masculine, feminine and neuter pronouns shall be fully interchangeable, where the context so requires. 6.8 Successors And Assigns. This Mortgage and each and every covenant, agreement and other provision hereof shall be binding upon Mortgagor and its successors and assigns (including, without limitation, each and every record owner of the Mortgaged Property or any other person having an interest therein), and shall inure to the benefit of Mortgagee and its successors and assigns. Nothing in this Section 6.8 shall be construed to modify the transfer and assignment limitations set forth in the Redevelopment Agreement. 6.9 Further Assurances. Mortgagor will perform, execute, acknowledge and deliver every reasonable act, deed, conveyance, transfer and assurance necessary or proper, in the sole judgment of Mortgagee, for assuring, conveying, mortgaging, assigning and confirming to Mortgagee all property mortgaged hereby or property intended so to be, whether now owned or hereafter acquired by Mortgagor, and for creating, maintaining and preserving the lien and security interest created hereby on the Mortgaged Property. Upon any failure by Mortgagor to do so. Mortgagee may make, execute and record any and all such documents for and in the name of Mortgagor, and Mortgagor hereby inevocably appoints Mortgagee and its agents as attomey-in-fact for that purpose. Mortgagor will reimburse Mortgagee for any sums expended by Mortgagee in making, executing and recording such documents including attorneys' fees and court costs. 6.10 Security Agreement. This Mortgage shall be construed as a "security agreement" within the meaning of and shall create a security interest under the Unifonn Commercial Code as adopted by the State of Illinois with respect to any part of the Mortgaged Property 15686 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 which constitutes fixtures or personal property. Mortgagee shall have all the rights with respect to such fixtures or personal property afforded to it by said Uniform Commercial Code in addition to, but not in limitation of, the other rights afforded Mortgagee by this Mortgage or any other agreement. Upon the recording hereof, this Mortgage shall constitute a financing statement under the Uniform Commercial Code, with Mortgagor being the Debtor, Mortgagee being the Secured Party, and the parties having the addresses set forth in the recitals. This Mortgage is a "construction mortgage" as that term is defined in Section 9-313(l)(c) of said Uniform Commercial Code. 6.11 No Merger. It being the desire and intention of the parties hereto that this Mortgage and the lien thereof do not merge in fee simple title, it is hereby understood and agreed that should Mortgagee acquire any additional or other interests in or to the Mortgaged Property or the ownership thereof, then, unless a contrary interest is manifested by Mortgagee, as evidenced by an appropriate document duly recorded, this Mortgage and the lien thereof shall not merge in the fee simple title, toward the end that this Mortgage may be foreclosed as if owned by a stranger to the fee simple title. In Witness Whereof, The undersigned have caused this Mortgage to be executed as ofthe day and year first above written. Mortgagor: Shubert Hotel Associates, L.L.C, an Illinois limited liability company By: Northem Shubert Hotel Associates, L.L.C, an Illinois limited liability company, its managing member By: Name: Title: 12/17/2003 REPORTS OF COMMITTEES 15687 For purposes of Section 3.3: Mortgagee: City of Chicago, acting by and through its Department ofPIanning and Development Alicia Mazur Berg, Commissioner State of Illinois ) )SS. County of Cook ) I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that Alicia Mazur Berg, personally known to me to b e . the Commissioner of the Department of Planning and Development of the City of Chicago, Illinois (the "City") 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 acknowledged that as such Commissioner, she signed and delivered the said instrument pursuant to authority, as her free and voluntary act, and as the free and voluntary act and deed of said City, for the uses and purpose therein set forth. Given under my hand and notarial seal this Notary Public My Commission Expires: [Seal] day of , 2004. 15688 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 State of Illinois ) )SS. County of Cook ) I, , a Notaiy Public in and for the said County in the State aforesaid, do hereby certify that , personally known to me to be the of Northern Shubert Hotel Associates, L.L.C, an Illinois limited liability company (the "Managing Member"), in its capacity as the managing member of Shubert Hotel Associates, L.L.C, an Illinois limited liability company (the "Developer"), 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 acknowledged that h e / s h e signed, sealed and delivered said instrument, pursuant to the authority given to him/her by the Managing Member and the Developer, as his/her free and voluntary act, and as the free and voluntary act of the Managing Member and the Developer, for the uses and purposes therein set forth. Given under my hand and notarial seal this day of , 2004. Notary Public My Commission Expires: [Seal] [(Sub)Exhibits "A", "B" and "C" refened to in this Junior Construction Mortgage unavailable at time of printing.] (Sub)Exhibit "L". (To Shubert Theatre Redevelopment Agreement) Public Benefits. On Closing Date, the Developer shall make a Twenty Thousand Dollar ($20,000) 12/17/2003 REPORTS OF COMMITTEES 15689 contribution to the After School Matters program or another program designated by D.P.D.. On the date of the first (1^') pajrment of City Funds pursuant to Section 4.03(b), the Developer shall make a second (2""^) payment of Twenty Thousand Dollars ($20,000) to the After School Matters program or another program designated by D.P.D. (Sub)Exhibit "M". (To Shubert Theatre Redevelopment Agreement) Schedule Of Preapproved Hotels. Hampton Inn Holiday Inn Express Fairfield Inn LaQuinta Winfield Inn Hilton Garden Inn Courtyard Countiy Inn & Suites Comfort Inn Staybridge Suites Springhill Suites Amerisuites Homewood Suites Residence Inn 15690 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 DECLARATION OF INTENT FOR ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR BENEFIT OF QC PROPERTY COMPANY, L.L.C. The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council Your Committee on Finance, having had under consideration an ordinance evidencing an intention to issue industrial development revenue bonds for QC Property Company, L.L.C, amount of bonds not to exceed $5,600,000, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Mufioz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore - 48. Nays — None. Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. 12/17/2003 REPORTS OF COMMITTEES 15691 The following is said ordinance as passed: WHEREAS, The City of Chicago (the "City") is a duly constituted and existing municipality within the meaning of Section 1, Article VII ofthe 1970 Constitution ofthe State oflllinois and, as such, may legislate matters which pertain to its local govemmental affairs; and WHEREAS, As a home rule unit of govemment under Section 6(a), Article VII of the 1970 Constitution ofthe State oflllinois, the City is authorized and empowered to issue industrial development revenue bonds for the purpose of financing costs associated with projects located within the City, and such financing constitutes a public purpose pursuant to Section 1(a), Article VIII ofthe 1970 Constitution ofthe State oflllinois; and WHEREAS, The City's Department ofPIanning and Development has as one ofits primary purposes the creation of additional employment opportunities in the City through the attraction and expansion of economic development activity in the City; and WHEREAS, Quality Croutons, Inc., an Illinois corporation ("Quality"), has proposed a certain economic development project consisting of the acquisition of land for and the construction and equipping of a food production and bakery facility thereon for the manufacturing of croutons and other food products, which land and facility will be owned by QC Property Company, L.L.C, an Illinois limited liability company (togetherwith Quality, the "Bonower"), and leased and operated by Quality or one (1) or more related entities, and which will be located on real property located at 1225 West 119"^ Street in the City (the "Project"); and WHEREAS, The Bonower has requested that the City issue industrial development revenue bonds in an amount not to exceed Five Million Six Hundred Thousand Dollars ($5,600,000) (the "Bonds") for the purpose of financing all or a portion ofthe Project costs; and WHEREAS, It is intended that this ordinance shall constitute a declaration of intent to reimburse any expenditures for the Project made prior to the issuance of the Bonds from the proceeds of the Bonds (if and when issued) within the meaning of Treasury Regulations Section 1.150-2 and Section 1.103-8(a)(5); now, therefore. Be It Ordained by the City Council of the City of Chicago: SECTION 1. The above recitals are incorporated herein and made a part hereof SECTION 2. The City intends to issue the Bonds and lend the proceeds thereof 15692 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 to the Bonower or an entity related to the Bonower for the purpose of financing the Project. The total principal amount of Bonds which the City intends to issue for the Project wiU not exceed Five Million Six Hundred Thousand Dollars ($5,600,000). SECTION 3. Certain costs will be incuned by the Bonower in connection with the Project prior to the issuance of the Bonds. The City reasonably expects to reimburse such costs with proceeds ofthe Bonds. SECTION 4. The costs to be reimbursed will be paid from funds ofthe Bonower which have been allocated to other purposes. SECTION 5. This ordinance is consistent with the budgetary and financial circumstances ofthe City. No funds from sources other than the Bonds are, or are reasonably expected to be, reserved, allocated on a long-term basis or otherwise set aside by the City for the Project for costs to be paid from the proceeds ofthe Bonds. SECTION 6. This ordinance constitutes a declaration of official intent under Treasury Regulations Section 1.150-2 and 1.103-8(a)(5). SECTION 7. To the extent that any ordinance, resolution, rule, order or provision ofthe Municipal Code ofChicago, 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 ofthis 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 8. This ordinance shall be effective as ofthe date ofits passage. AUTHORIZATION FOR EXECUTION OF INDIVIDUAL PROJECT AGREEMENTS WITH VARIOUS GOVERNMENTAL AND PUBLIC ENTITIES FOR IMPLEMENTATION OF YEAR 2 0 0 4 ROAD, BRIDGE AND TRANSIT PROGRAM. The Committee on Finance submitted the following report: 12/17/2003 REPORTS OF COMMITTEES 15693 CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration an ordinance authorizing the Mayor and the Commissioner ofthe Department ofTransportation to execute individual project agreements with state, county and local governments for the year 2004 highway program, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Muhoz, Zalewski, Chandler, Solis, Ocasio; Burnett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed: 15694 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 WHEREAS, The City of Chicago (the "City"), acting through the Department of Transportation ofthe City ("C.D.O.T."), desires to implement a 2004 Road, Bridge and Transit Program (the "Program") for the City; and WHEREAS, The purpose of the Program is to provide for various improvements (the "Projects") which promote transit and the safe and efficient movement of vehicular and pedestrian traffic; and WHEREAS, The City wishes to avail itself of federal funds authorized by the Transportation Equity Act for the 2 P ' Century and other federal legislation; and WHEREAS, From time to time the City may provide funding for the Projects through the proceeds ofits general obligation bonds or through other City sources; and WHEREAS, From time to time the State oflllinois (the "State") may provide funds from State sources for the Projects; and WHEREAS, From time to time the County of Cook (the "County") may provide funding for the Projects; and WHEREAS, From time to time the City may receive funds for the Projects from other units oflocal govemment ("Local Governments"); and WHEREAS, From time to time the City may receive funds for the Projects from various public agencies ("Public Agencies"); and WHEREAS, The activities funded with federal. State, City, County, Local Govemment or Public Agency funds (the "Project Funds") include but are not limited to the acquisition of right-of-way, project management services, preliminary engineering, contract construction, force account construction a n d / o r construction engineering/supervision of highway, bridge and transit-related projects; and WHEREAS, The State administers and distributes certain ofthe federal and State funds; and WHEREAS, The City finds it necessary from time to time to provide for the operation, maintenance or ownership of certain Projects; and WHEREAS, To monitor effectively the expenditure ofthe Project Funds and to set forth the obligations of federal agencies, the City, the State, the County, Local Governments or Public Agencies, the City may need to enter into project funding agreements or amendments thereto, as applicable ("Individual Project Agreements"), with federal agencies, the State, the County, Local Governments or Public Agencies, 12/17/2003, REPORTS OF COMMITTEES 15695 as appropriate, for each new project and may need to amend various Individual Project Agreements which have been executed prior to this ordinance and which require additional funding; now, therefore, Be It Ordained by the City Council of the City of Chicago: SECTION 1. The preambles ofthis ordinance are hereby incorporated into this text as if set out herein in full. SECTION 2. The Mayor of the City and the Commissioner of C.D.O.T. (the "Commissioner") or their designees are each hereby authorized to execute, subject to the review of the Corporation Counsel and subject to the approval of the Budget Director, Individual Project Agreements or amendments thereto with federal agencies, the State, the County, Local Governments or Public Agencies with respect to the Projects listed in the attached Exhibits A and B, including Projects for which agreements have been executed prior to this ordinance and which require additional funding. SECTION 3. The City Council hereby appropriates and authorizes for Projects the expenditure of the Project Funds in such amounts as may actually be received but not to exceed Three Hundred Fifty Million Dollars ($350,000,000). SECTION 4. The City Comptroller is hereby directed to disburse the Project Funds as required to carry out the Individual Project Agreements. SECTION 5. The Commissioner is authorized to execute such additional documents, information, assurances and certifications in connection with the Individual Project Agreements as may be necessaiy or required by federal agencies, the State, the County, Local Governments or Public Agencies, including provisions for indemnification by the City and transfers of highway jurisdiction and maintenance between the City and other highway authorities. The Commissioner is further authorized to execute revisions relative to budgetary items within Individual Project Agreements, upon approval of federal agencies, the State, the County, Local Governments or Public Agencies as long as such revisions are within the budgetary constraints as provided therein or by the City Council. SECTION 6. Subject to the review ofthe Corporation Counsel, the Commissioner is authorized to execute: (a) pass-through agreements with grantees for road, bridge and transit-related projects, including, but not limited to, the Projects listed in the attached Exhibits A and B; (b) agreements for the reimbursement by the City offeree account work; (c) agreements relating to the operation a n d / o r maintenance of Projects and the ownership of certain Projects or portions ofsuch Projects; and (d) pass-through agreements with grantees for design, safety or specification review for the Projects listed in the attached Exhibits A and B. All of these agreements may 15696 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 contain terms and conditions that the Commissioner deems appropriate, including indemnification by the City. SECTION 7. Subject to the approvals of the Corporation Counsel, the Budget Director and the Commissioner of the Department of Environment, the Commissioner is hereby authorized to execute on behalf of the City any lease, easement, land-use agreement, right-of-entry, or other document for the use a n d / o r acceptance of title or interests in real estate upon which any Project is situated or which is adjacent to or adjoining the site of any Project authorized herein, subject to customary terms and conditions, including indemnification by the City, to the extent reasonably necessaiy or appropriate to implement or complete each such Project. SECTION 8. No later than the tenth (10*) day after the completion of each calendar quarter, the Commissioner shall file with the Committee on Finance and the Committee on the Budget and Govemment Operations, a compilation of all Individual Project Agreements entered into or amended by the City in the preceding quarter. SECTION 9. The City Clerk is hereby directed to transmit two (2) certified copies ofthis ordinance to the Division of Highways, Department ofTransportation ofthe State, through the District Engineer of District 1 of said Division of Highways. SECTION 10. To the extent that any ordinance, resolution, rule, order or provision ofthe Municipal Code ofChicago, or part thereof, is in confiict with the provisions of this ordinance, the provisions of this ordinance shall be controlling. Ifany section, paragraph, clause or provision ofthis ordinance shall be held invalid, the invalidity ofsuch section, paragraph, clause or provision shall not affect any of the other provisions of this ordinance. SECTION 11. This ordinance shall take effect upon its passage and approval. [Exhibit "A" refened to in this ordinance printed on page 15698 of this Journal] Exhibit "B" refened to in this ordinance reads as follows: 12/17/2003 REPORTS OF COMMITTEES 15697 Exhibit "B". This exhibit includes demonstration projects and other projects funded under the Transportation Equity Act for the 2 1 " Century and other federal, state, city, local govemment- or public agency-funded programs. Projects eligible for funding under these sources include, without limitation, acquisition of right-of-way, project management services, preliminary engineering, contract construction, force account construction and/or construction engineering/supervision projects for the following: Alleys Sidewalks Area Improvements Signage Beatifications Special Community Projects Bike Improvements Streets Bridges Traffic Signalization Curbs and Gutters Transit Landscaping Vaulted Walks Lighting Viaducts Pedways Waterways Quality Assurance 15698 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Exhibit "A". Year 2004 Highway Program Projects. STREET 1 nOTHST 2 3 4 5 6 7 130TH/TORRENCE/BRAINARD & GRADE SEPS 35TW B I C r a E & PEDESTTilAN BRIDGE 47THST 63RDST 63RD ST (MORGAN TO WALLACE) 71STST 9 10 11 12 13 14 15 9STHST ADAMS ST ARCHER AV ASHLAND AV BURLEYAV CENTRAL AV CHICAGO AV 16 CHICAGO - r r x x t f ROLTTE A D V I S O R Y S Y S T E M 17 18 19 20 21 22 23 24 25 26 27 28 29 aCEROAV CLARK ST CLARK/LASALiE/OrVISION CMAQ ENGINEERING & CONSTRUCTION CUMBERLAND AV DIVISION ST DIVISION ST DOWNTOWN PEDESTRIANWAY SIGNAGE FULLERTON DR GRAND AV GRANO AV GRAND AV rrS • CHICAGO TRAFFIC MANAGEMENT CENTER 8 ermsT 30 rrs-acERO 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 rrS - MIDWAY AIRPORT r r S • MIDWAY AIRPORT AREA JACKSON BLVD JACKSON BLVD LAKE ST LAKE/RANDOLPH LARAMIE AV LASALLE DR LAWRENCE AV MADISON ST MICHIGAN AV MILWAUKEE AV NAGLE AV NEAR WEST SIDE NORTH AV NORTH AV PETERSON AV PULASKI RD RAQNEAV, 3 S T H S T T 0 39THST SAYRE AV STREETERVILLE/ILUNOIS CENTER SUBWAY & INTERMODAL FAQLmES TAYLOR ST TRAFFIC SIGNAL IMPROVEMENTS TRANSrr FAQLinES RENOVATION US 41 VALLEY LINE (NORTH) VARIOUS BRIDGES UMETS SCOPE AT INDIANA 130TH W. OF TORRENCE, & TORRENCE S. OF 130TH AT LAKEFRONT BIKE TRAIL AT LAKE SHORE DRIVE ASHLAND TO MORGAN & HALSTED ST (59TH STTO 67TH ST) OVER DAN RYAN EXPWY WESTERN AV TO DAN RYAN EXPWTr WESTERN AV TO EWING AV (US 41) WEST OVER UNION STATION AT ASHLAND AV CERMAK TO 95TH ST 106THSTTO126THST OVER THE KENNEDY EXPWY MILWAUKEE AV TO SACRAMENTO AV CTTY-WIDE PETERSON AV TO LEXINGTON AV (EISENHOWER EXPWY) NO./SO. OF ROOSEVELT RD AT STATE ST SUBWAY Cmf-WflDE OVER THE KENNEDY EXPWY AT THE NO, BRANCH CANAL AT THE NO, BRANCH CHICAGO RIVER DOWNTOWN , OVER UNCOLN PARK LAGOON AT STATE ST SUBWAY CENTRAL TO KOSTNER NARRAGANSETT TO CENTRAL cmr-wiDE 3 7 T H T 0 63RD AIRPORT AREA CENTRAL • 63RD TO INTERSTATE 55 AT STATE ST SUBWAY W, OF CHICAGO RIVER (OVER UNION STATION) CANAL ST TO UNION VERTICAL CLEARANCE IMPROVEMENT - CONST INTERSECTION IMPROVEMENT - CONST BICYCLE IMPROVEMENT - ENG (PH I & n)/CONST PEDESTTUAN BRIDGE IMPROVEMENT - CONST STREET IMPROVEMENT - CONST STREET IMPROVEMENT - CONST VIADUCT IMPROVEMENT - CONST TRAFFIC SIGNAL INTERCONNECT - ENG (PH I & H) TRAFnC SIGNAL INTERCONNECT - ENG (PH I & n ) VIADUCT IMPROVEMENT - ENG (PH I I ) VIADUCT IMPROVEMENT - CONST TTJAFnC SIGNAL INTEGRATION - CONST STREET IMPROVEMENT - ENG (PH I & I I ) VIADUCT IMPROVEMENT - CONST STREET IMPROVEMENT - CONST STREET IMPROVEMENT - ENG (PH I & U) TRAFFIC SIGNAL INTERCONNECT - ENG (PH I & I I ) VIADUCT IMPROVEMENT - ENG (PH U)/CONST TT(ANSrr/CONST-CTA PASS THRU AGREEMENT TTtANSrr/ENG & CONST-CTA PASS THRU AGREEMENT VIADUCT IMPROVEMENT - CONST BRIDGE IMPROVEMENT - ENG (PH U) BRIDGE IMPROVEMENT - ENG (PH D) SIGNAGE - INSTALLATION BRIDGE RECONSTRUCTION - ENG (PH U) TRANSIT/CONST-CTA PASS THRU AGREEMENT STREET IMPROVEMENT - CONST STREET IMPROVEMENT - CONST STREET IMPROVEMENT - ENG (PH n)/CONST TRAVELER INFORMATION SYSTEM - ENG (PH n)/CONST HIGHWAY ADVISORY RADIO (HAR) - ENG (PH n)/CONST SIGNAL INTERCONNECT - ENG (PH U)/CONST TRANSrr/CONST-CTA PASS THRU AGREEMENT VIADUCT IMPROVEMENT - CONST STREET IMPROVEMENT - CONST TTWNSIT/ENG & CONST-CTA PASS THRU AGREEMENT VIADUCT IMPROVEMENT - ENG (PH U) INTERSECTION IMPROVEMENT - CONST VIADUCT IMPROVEMENT - CONST VIADUCT IMPROVEMENT - ENG (PH I) VIADUCT IMPROVEMENT - CONST STREET IMPROVEMENT - CONST VIADUCT IMPROVEMENT - CONST TRAFFIC SIGNAL INTERCONNECT - CONST BRIDGE IMPROVEMENT - ROW/CONST TRANSrr/ENG-CTA PASS THRU AGREEMENT TRAFFIC SIGNAL INTERCONNECT - CONST TRAFFIC SIGNAL INTERCONNECT - CONST INDUSTRIAL STREET IMPROVEMENT • CONST VIADUCT IMPROVEMErfT - CONST TRAFFIC SIGNAL INTERCONNECT - CONST TRANSFT/ENG & CONST-CTA PASS THRU AGREEMENT NEW BRIDGE - ENG (PH I I ) TRAFFIC SIGNAL IMPROVEMENTS - ENG (PH I & n)/CONST TRANSIT/ENG & CONST-CTA PASS THRU AGREEMENT STREET IMPROVEMENT • ENG (PH II)/ROW/CONST SEWER&WATER BICYCLE IMPROVEMENT - CONST BRIDGE ANNUAL INSPECTIONS - ENG (PH n ) AT STATE ST SUBWAY AT POLK ST STOCKTON DR TO NO, UKE SHORE DR OVERTHE KENNEDY EXPWY WEST OVER UNION STATION OVER THE BISHOP FORD EXPWnr MONTROSE AV TO LAWRENCE AV (CTA TERMINAL) OVERTHE KENNEDY EXPWY BOUNDARY CANAL ST/LAKE ST/JEFFERSON ST/VAN BUREN ST AT CHICAGO RIVER AT CLYBOURN AV/STATI ST SUBWAY aCERO AV TO RIDGE AV STTH TO 1-55 AND 3TTH ST, MORGAN TO RAQNE OVER THE KENNEDY EXPWY BOUNDARY L, MICHIGAN/CHICAGO AV/MICHIGAN AV/RANDOLPH ST OTY-WIDE OVER THE CHICAGO RIVER OTY-WIDE CITY-WIDE AT USX (79TH TO 92ND) BIKE TRAIL CITY-WIDE 12/17/2003 REPORTS OF COMMITTEES 15699 AUTHORIZATION FOR ISSUANCE OF FREE PERMITS AND LICENSE FEE EXEMPTIONS FOR CERTAIN CHARITABLE, EDUCATIONAL AND RELIGIOUS INSTITUTIONS. The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, to which had been referred November 19, 2003, sundry proposed ordinances transmitted therewith to authorize the issuance of free permits and license fee exemptions for certain charitable, educational and religious institutions, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinances transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE^ Chairman. On motion of Alderman Burke, the said proposed ordinances transmitted with the foregoing committee report were Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Munoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. 15700 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 The following are said ordinances as passed (the italic heading in each case not being a part of the ordinance): FREE PERMITS. A u g u s t a n a L u t h e r a n Church. Be It Ordained by the City Council of the City ' of Chicago: SECTION 1. That the Commissioner of Buildings, the Commissioner of Transportation, the Commissioner of Streets and Sanitation, the Commissioner of Sewers, the Commissioner of Water and the Commissioner of Fire are hereby directed to issue all necessary pennits, all on-site water/sewer inspection fees and all water/sewer plan review fees, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to Augustana Lutheran Church on the premises known as 5500 South Woodlawn Avenue. Said building shall be used exclusively for not-for-profit and related 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. SECTION 2. This ordinance shall take effect and be in force from and after its passage. First Bethlehem L u t h e r a n Church. Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Commissioner of Buildings, the Executive Director of the Department of Construction and Permits, the Comriiissioner ofTransportation, the Commissioner of Streets and Sanitation, the Commissioner of Environment, the Commissioner of Fire, the Director of Revenue and the Commissioner of the Department of Water Management are hereby directed to issue all necessary permits, free of charge, notwithstanding other ordinances ofthe City ofChicago to the contraiy, to First Bethlehem Lutheran Church, 1649 West Le Mojrne Street for 12/17/2003 REPORTS OF COMMITTEES 15701 sign installation on the premises known as 1649 West Le Moyne Street. Said building(s) and 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 of the appropriate provisions of the Municipal Code of the City of Chicago and departmental requirements of various departments ofthe City ofChicago, and said building(s) and adl 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 pennits. SECTION 2. This ordinance shall take effect and be in force from and after its passage. I n t e m a t i o n a l B u d d h i s m Friendship Association. Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Commissioner of Buildings, the Commissioner of Transportation, the Commissioner of Streets and Sanitation, the Commissioner of Sewers, the Director ofRevenue, the Commissioner of Water and the Commissioner of Fire are hereby directed to issue all necessary peimits, all on-site water/sewer inspection fees and all water/sewer plan review fees, free of charge, notwithstanding other ordinances ofthe City ofChicago to the contrary, to Intemational Buddhism Friendship Association for renovation of an existing structure on the premises known as 2249 South Wentworth Avenue. Said building shall be used exclusively for not-for-profit and related purpose and shall not be leased or otherwise used with a view to profit, £md the work thereon shall be done in accordance with plans submitted. SECTION 2. This ordinance shall take effect and be in force from and after its passage. 15702 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Kendall College. Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Commissioner of Buildings, the Commissioner of Transportation, the Commissioner of Streets and Sanitation, the Commissioner of Fire, the Commissioner of Sewers, the Commissioner of Water and the Director of Revenue are hereby directed to issue all necessaiy peimits, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to Kendall College, 900 North North Branch Street, for the rehabilitation of Kendall College on the premises known as 900 North North Branch Street. Said building shall be used exclusively for not-for-profit and related 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. SECTION 2. This ordinance shall take effect and be in force from and after its passage. Lubavitch C h a b a d Of The Loop And Lincoln Park. Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Commissioner of Buildings, the Commissioner of Transportation, the Commissioner of Streets and Sanitation, the Commissioner of Sewers, the Commissioner of Water, the Commissioner of Fire and the Director of Revenue are hereby directed to issue all necessaiy permits, free of charge, notwithstanding other ordinances of the City Council to the contraiy, to Lubavitch Chabad of the Loop and Lincoln Park, 401 South LaSalle Street, for installation display and removal of the Menorah at the Daley Center Plaza (at the intersection of Dearbom and Washington Streets, Chicago, Illinois), on the premises known as 50 West Washington Street. Said building shall be used exclusively for not-for-profit and related purposed 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. 12/17/2003 REPORTS OF COMMITTEES 15703 SECTION 2. This ordinance shall take effect and be in force from and after its passage. University Bible Fellowship. Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Commissioner of Buildings, the Commissioner of Transportation, the Commissioner of Streets and Sanitation, the Commissioner of Sewers, the Director ofRevenue, the Commissioner of Water and the Commissioner of Fire are hereby directed to issue all necessaiy permits, all on-site water/sewer inspection fees and all water/sewer plan review fees, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to University Bible Fellowship for renovation ofan existing structure on the premises known as 1013 - 1 0 1 5 West Polk Street. Said building shall be used exclusively for not-for-profit and related purpose 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. SECTION 2. This ordinance shall take effect and be in force from and after its passage. Windy City H a b i t a t For Humanity. Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Commissioner of Buildings, the Commissioner of Transportation, the Commissioner of Streets and Sanitation, the Commissioner of Sewers, the Director ofRevenue, the Commissioner of Water and the Commissioner of Fire are hereby directed to issue all necessary pennits, all on-site water/sewer inspection fees and all water/sewer plan review fees, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to Windy City Habitat for Humanity for new construction on the premises known as 1029 West 20'" Place. 15704 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Said building shall be used exclusively for not-for-profit and related purpose 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. SECTION 2. This ordinance shall take effect and be in force from and after its passage. LICENSE FEE EXEMPTION. Retail Food. Saint Paul The R e d e e m e r Church. Be It Ordained by the City Council of the City of Chicago: SECTION 1. Pursuant to Section 4-72-040 ofthe Municipal Code ofChicago, the following retail food establishment which is not operated for gain, but where a charge is made for food, is hereby exempted from payment ofthe annual Retail Food Establishment License fee (Code 1006) for the period beginning October 1, 2003 and ending September 30, 2004: Saint Paul the Redeemer Church 4945 South Dorchester Avenue. SECTION 2. This ordinance shall take effect and be in force upon its passage and publication. EXEMPTION OF ART INSTITUTE OF CHICAGO FROM PAYMENT OF CITY PERMIT, LICENSE AND INSPECTION FEES FOR PERIOD ENDING DECEMBER 3 1 , 2 0 0 4 . The Committee on Finance submitted the following report: 12/17/2003 REPORTS OF COMMITTEES 15705 CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration a proposed ordinance presented by Alderman Natarus (42"'' Ward) exempting the Art Institute ofChicago from pajmient ofall city permit, license and inspection fees for the period ending December 3 1 , 2004, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Muhoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore - 48. Nays — None. Alderman Beavers 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. That the Commissioner of Buildings, the Commissioner of Transportation, the Commissioner of Streets and Sanitation, the Commissioner of Sewers, the Commissioner of Water Management and the Commissioner of Fire are 15706 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 hereby directed to issue all necesssiiy permits, all on-site water/sewer inspection fees and all water/sewer plan review fees, free of charge, notwithstanding other ordinances ofthe City ofChicago to the contrary, to the Art Institute ofChicago, a not for profit Illinois corporation, related to the erection and maintenance of the building and fuel storage facilities located at 7 West Madison Street, 37 South Waba.sh Avenue, 21 to 37 South Wabash Avenue, 111 South Michigan Avenue and Grant Park campuses, 112 South Michigan Avenue, 116 South Michigan Avenue, "Block 36 Parcel (16 West Randolph Street) 150 - 168 North State Street, 36 South State Street and all Ferguson Fund Monument Sites (24). Said building(s) and 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 of the appropriate provisions of the Municipal Code of the City of Chicago and departmental requirements of various departments ofthe City ofChicago, 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 permits and licenses. SECTION 2. The Art Institute ofChicago, a not-for-profit Illinois corporation, also doing business engaged in cultural, educational and related activities, shall be exempt from the payment of city license fees and shall be entitled to the cancellation of warrants for the collection of inspection fees. SECTION 3. The Art Institute of Chicago shall be entitled to a refund of city fees which it has paid and to which it is exempt pursuant to Sections 1 and 2 of the ordinance. SECTION 4. This ordinance shall be in force for a period of one (1) year but in no event beyond December 3 1 , 2004. EXEMPTION OF DE PAUL UNIVERSITY FROM PAYMENT OF CITY PERMIT, LICENSE AND INSPECTION FEES FOR PERIOD ENDING DECEMBER 3 1 , 2 0 0 4 . The Committee on Finance submitted the following report: 12/17/2003 REPORTS O F COMMITTEES 15707 CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration a proposed ordinance presented by Alderman Matlak (32"'' Ward) and Alderman Daley (43'^'' Ward) exempting DePaul University from payment ofall city permit, license and inspection fees for the period ending December 3 1 , 2004, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Muhoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore - 48. Nays — None. Alderman Beavers 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. That the Commissioner of Buildings, the Commissioner of Transportation, the Commissioner of Streets and Sanitation, the Commissioner of Sewers, the Commissioner of Water and the Commissioner of Fire are hereby directed to issue all necessaiy permits, all on-site water/sewer inspection fees and 15708 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 all water/sewer plan review fees, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to DePaul University, a not-for-profit Illinois corporation, related to the erection and maintenance of building(s) and fuel storage facilities at 2320 North Kenmore Avenue. Said building(s) and 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 of the appropriate provisions of the Municipal Code of the City of Chicago and departmental requirements of various departments ofthe City ofChicago, 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 permits and licenses. SECTION 2. DePaul University, a not-for-profit Illinois corporation, located at 2320 North Kenmore Avenue, engaged in cultural, educational and related activities, shall be exempted from the payment of city license fees and shall be entitled to the cancellation of warrants for the collection of inspection fees. SECTION 3. DePaul University shall be entitled to a refund of city fees that it has paid and to which it is exempt pursuant to Sections 1 and 2 of this ordinance. SECTION 4. This ordinance shall be in force for a period of one (1) year but in no event beyond December 3 1 , 2004. EXEMPTION OF LINCOLN PARK OF CITY PERMIT, LICENSE FEES FOR PERIOD DECEMBER 3 1 , ZOO FROM PAYMENT AND INSPECTION ENDING 2004. The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council:, Your Committee on Finance, having had under consideration a proposed ordinance presented by Alderman Daley (43*^^ Ward) exempting Lincoln Park Zoo 12/17/2003 REPORTS OF COMMITTEES 15709 from pajrment of all city permit, license and inspection fees for the period ending December 3 1 , 2004, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfially submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Munoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, RebojTas, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers 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. That the Commissioner of Buildings, the Commissioner of Environment, the Commissioner of Transportation, the Commissioner of Streets and Sanitation, the Commissioner of Water Management, the Commissioner of Fire and the Executive Director of Construction and Permits are hereby directed to issue all necessary peimits, all on-site water/sewer plan review fees, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to Lincoln Park Zoo, a not-for-profit institution, related to the erection and maintenance of various buildings located at 2200 North Cannon Drive with administration offices at 2001 North Clark Street. Said building(s) and all appurtenances thereto shall be used exclusively for 15710 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 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 of the appropriate provisions of the Municipal Code of the City of Chicago and departmental requirements of various departments ofthe City ofChicago, 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 permits and licenses. SECTION 2. Lincoln Park Zoo, a not-for-profit Illinois corporation, engaged in educational and related activities, shall be exempt from the payment of city license fees and shall be entitled to the cancellation of warrants for the collection of inspection fees. SECTION 3. Lincoln Park Zoo of Chicago shall be entitled to a refund of city fees which it has paid and to which it is exempt pursuant to Sections 1 and 2 of this ordinance. SECTION 4. This ordinance shall be in force for a period of one (1) year but in no event beyond December 3 1 , 2004. EXEMPTION OF LITTLE SISTERS OF THE POOR FROM PAYMENT OF CITY PERMIT, LICENSE AND INSPECTION FEES FOR PERIOD ENDING FEBRUARY 15, 2 0 0 5 . The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration a proposed ordinance presented by Alderman Matlak (32"'' Ward) exempting Little Sisters ofthe Poor from payment of all city permit, license and inspection fees for the period ending February 15, 2005, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. 12/17/2003 REPORTS OF COMMITTEES 15711 This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Munoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Rebojras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore ~ 48. Nays — None. Alderman Beavers 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. That the Commissioner of Buildings, the Commissioner of Transportation, the Commissioner of Streets and Sanitation, the Commissioner of Sewers, the Commissioner of Water and the Commissioner of Fire are hereby directed to issue all necessary permits, all on-site water/sewer inspection fees and all water/sewer plan review fees, free of charge, notwithstanding other ordinances ofthe City ofChicago to the contrary, to Little Sisters ofthe Poor, a not-for-profit Illinois corporation, related to the erection and maintenance of building(s) and fuel storage facilities at 2325 North Lakewood Avenue. Said building(s) and all appurtenances thereto shall be used exclusively for charitable purposes and shall not be leased or otherwise used with a view to profit. 15712 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 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 ofthe City ofChicago, 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 permits and licenses. SECTION 2. Little Sisters ofthe Poor, a not-for-profit Illinois corporation, located at 2325 North Lakewood Avenue, engaged in medical educational and related activities, shall be exempted from the payment of city license fees and shall be entitled to the cancellation of warrants for the collection of inspection fees. SECTION 3. Little Sisters ofthe Poor shall be entitled to a refiind of city fees that it has paid and to which it is exempt pursuant to Sections 1 and 2 ofthis ordinance. SECTION 4. This ordinance shall be in force for a period of one (1) year but in no event beyond February 15, 2005. EXEMPTION OF LORETTO HOSPITAL FROM PAYMENT OF CITY PERMIT, LICENSE AND INSPECTION FEES FOR PERIOD ENDING FEBRUARY 15, 2 0 0 5 . The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration a proposed ordinance presented by Alderman Carothers (29"" Ward) exempting Loretto Hospital from pajrment of all city peimit, license and inspection fees for the period ending 12/17/2003 REPORTS OF COMMITTEES 15713 February 15, 2005, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance, transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Munoz, Zalewski, Chandler,, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers 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. That the Commissioner of Buildings, the Director of Construction and Permits, the Commissioner ofTransportation, the Commissioner ofStreets and Sanitation, the Commissioner of Water Management, the Commissioner of Fire and the Director ofRevenue are hereby directed to issue all necessary pennits, all onsite water/sewer inspection fees and all water/sewer plan review fees, free of charge, 15714 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 notwithstanding other ordinances of the City of Chicago to the contrary, to Loretto Hospital, a not-for-profit Illinois corporation, related to erection and maintenance of building(s) and fuel storage facilities at 645 South Central Avenue. Said building(s) and 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 of the appropriate provisions of the Municipal Code of the City of Chicago and departmental requirements of various departments ofthe City ofChicago, 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 permits and licenses. SECTION 2. Loretto Hospital, a not-for-profit Illinois corporation, located at 645 South Central Avenue, engaged in medical, educational and related activities, shall be exempt from the payment of city license fees and shall be entitled to the cancellation of warrants for the collection of inspection fees. SECTION 3. Loretto Hospital shall be entitled to a refund of city fees which it has paid and to which it is exempt pursuant to Sections 1 and 2 ofthis ordinance. SECTION 4. This ordinance shall be in force for a period of one (1) year but in no event beyond February 15, 2005. EXEMPTION OF METROPOLITAN PIER AND EXPOSITION AUTHORITY FROM PAYMENT OF CITY PERMIT, LICENSE AND INSPECTION FEES FOR PERIOD ENDING DECEMBER 3 1 , 2 0 0 4 . The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council: 12/17/2003 REPORTS OF COMMITTEES 15715 Your Committee on Finance, having had under consideration a proposed substitute ordinance presented by Alderman Haithcock (2"'' Ward) and Alderman Natarus (42"'' Ward) exempting Metropolitan Pier and Exposition Authority from payment of all city permit, license and inspection fees for the period ending December 3 1 , 2004, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed substitute ordinance transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed substitute ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yieas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Muhoz, Zalewski, Chandler, Solis, Ocasio, Burnett, E. Smith, Carothers, RebojTas, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Alien, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers 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. That the Executive Director of Constmction and Permits, the Commissioner of Buildings, the Commissioner of Environment, the Commissioner of Fire, the Commissioner of Health, the Director of Revenue, the Commissioner of 15716 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Streets and Sanitation, the Commissioner ofTransportation and the Commissioner of Water Management are hereby authorized and directed to issue all necessary permits, free of charge, notwithstanding other ordinances ofthe City ofChicago to the contrary, to the Metropolitan Pier and Exposition Authority, a not-for-profit Illinois municipal corporation, related to new construction, renovation, maintenance and the demolition and erection of building(s) and various facilities located at 301 East Cermak Road (commonly known as Corporate Center and parking lot); North Building, 2301 South Dr. Marin Luther King, Jr. Drive (commonly known as McCormick Place); South Building, 2301 South Dr. Marin Luther King, Jr. Drive (commonly known as McCormick Place); Conference Center, 2300 South Dr. Martin Luther King, Jr. Drive (commonly known as McCormick Place); 2211 South Dr. Martin Luther King, Jr. Drive (commonly known as McCormick Place); Development Office, 2222 South Indiana Avenue (commonly known as McCormick Place); 2301 South Indiana/west expansion (commonly known as McCormick Place), BDP 331, as amended August 15, 2002, attached hereto as Exhibft "A"; and 600 to 800 East Grand Avenue (commonly known as Navy Pier). Said building(s) and all appurtenances thereto 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 of the appropriate provisions of the Municipal Code of the City of Chicago and departmental requirements of various departments of the City ofChicago, 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 ofall permits and licenses. SECTION 2. The Metropolitan Pier and Exposition Authority, a not-for-profit Illinois municipal corporation, also doing business engaged in cultural, educational and related activities, shall be exempt from pajment of city license fees and shall be entitled to the cancellation of warrants for the collection of inspection fees. SECTION 3. The Metropolitan Pier and Exposftion Authority shall be entitled to a refund of city fees which it has paid and to which it is exempt pursuant to Sections 1 and 2 of this ordinance. SECTION 4. This ordinance shall take effect upon its passage and publication, and be in force for a period of one (1) year but in no event beyond December 3 1 , 2004. [Exhibit "A" refened to in this ordinance printed on pages 15717 through 15718 of this Journal] 12/17/2003 REPORTS OF COMMITTEES Exhibit "A". (Page 1 of 2) Planned Development Boundary, Property And Right-Of-Way Map. 15717 15718 JOURNAL-CITY COUNCIL-CHICAGO Exhibit "A". (Page 2 of 2) Subarea Map. Hi=^hf 12/17/2003 12/17/2003 REPORTS O F COMMITTEES 15719 EXEMPTION OF MUSEUM OF SCIENCE AND INDUSTRY FROM PAYMENT OF CITY PERMIT, LICENSE AND INSPECTION FEES FOR PERIOD ENDING DECEMBER 3 1 , 2 0 0 4 . The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration a proposed ordinance presented by Alderman Hairston (5'*' Ward) exempting the Museum of Science and Industry from pajment ofall city permit, license and inspection fees for the period ending December 31, 2004, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Muhoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. 15720 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Alderman Beavers 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. That the Commissioner of Buildings, the Commissioner of Transportation, the Commissioner of Streets and Sanitation, the Commissioner of Sewers, the Commissioner of Water and the Commissioner of Fire are hereby directed to issue all necessaiy permits, all on-site water/sewer inspection fees and all water/sewer plan review fees, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to the Museum of Science and Industry, a not-for-profit Illinois corporation, related to the erection and maintenance of building(s), garage and fuel storage facilities at East 57"" Street and South Lake Shore Drive. Said building(s) and 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 of the appropriate provisions of the Municipal Code of the City of Chicago and departmental requirements of various departments ofthe City ofChicago, 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 permits and licenses. SECTION 2. The Museum of Science and Industry, a not-for-profit Illinois corporation, located at East 57"^ Street and South Lake Shore Drive, engaged in educational and related activities, shall be exempt from the payment of city license fees and shall be entitled to the cancellation of warrants for the collection of inspection fees. SECTION 3. The Museum of Science and Industry shall be entitled to a refund of city fees which it has paid and to which it is exempt pursuant to Sections 1 and 2 of the ordinance. SECTION 4. This ordinance shall be in force for a period of one (1) year from January 1, 2004 to December 3 1 , 2004. 12/17/2003 REPORTS OF COMMITTEES 15721 EXEMPTION OF NORTH PARK UNIVERSITY FROM PAYMENT OF CITY PERMIT, LICENSE AND INSPECTION FEES FOR PERIOD ENDING DECEMBER 3 1 , 2 0 0 4 . The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration a proposed ordinance presented by Alderman Laurino (39* Ward) exempting North Park University from payment ofall city permit, license and inspection fees for the period ending December 3 1 , 2004, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the committee. Respectfiilly submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Muhoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. 15722 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Alderman Beavers 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. That the Commissioner of Buildings, the Executive Director of Construction and Permits, the Commissioner ofTransportation, the commissioner of Streets and Sanitation, the Commissioner of Environment, the Commissioner of Fire, the Director of Revenue and the Commissioner of Water Management are hereby authorized and directed to issue all necessary permits, all on-site water/sewer inspection fees and all water/sewer plan review fees, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to North Park University, a not-for-profit Illinois corporation, related to the erection and maintenance ofthe building(s) listed on Exhibit "A" attached hereto and made apart hereof. Said building(s) and all appurtenances thereto shall be used exclusively for educational and related 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 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 of the appropriate provisions of the Municipal Code of the City of Chicago for the issuance ofall permits and licenses. SECTION 2. North Park University, a not-for-profit Illinois corporation, located at 3225 West Foster Avenue, engaged in educational and related activities, shall be exempt from the payment of city license fees and shall be entitled to the cancellation of warrants for the collection of inspection fees. SECTION 3. North Park University shall be entitled to a refund of city fees that it has paid and to which it is exempt pursuant to Sections 1 and 2 ofthe ordinance. SECTION 4. This ordinance shall be in force for a period of one (1) year but in no event beyond December 3 1 , 2004. Exhibit "A" refened to in this ordinance reads as follows: 12/17/2003 REPORTS OF COMMITTEES Exhibit "A". North Park University-Owned Buildings And Properties. Building Property Address Carlson Tower 5148 North Kedzie Avenue L.H.A. 5148 North Kedzie Avenue Gym 5148 North Kedzie Avenue Viking Hall 3215 West Foster Avenue Old Main 3225 West Foster Avenue Wilson Hall 3231 West Foster Avenue Nyvall Hall 5100 North Spaulding Avenue Caroline Hall 5101 North Spaulding Avenue Student Service Center 5125 North Spaulding Avenue Brandel Libraiy 5114 North Christiana Avenue Hanson Hall 5137 North Spaulding Avenue Anderson Chapel 5159 North Spaulding Avenue Anderson Hall 5000 North Spaulding Avenue Burgh Hall 5000 North Spaulding Avenue Ohlson House 5148 North Spaulding Avenue Sohlberg Hall 5130 North Christiana Avenue Magnuson Campus Center 5000 North Spaulding Avenue 15723 15724 JOURNAL-CITY COUNCIL-CHICAGO Building 12/17/2003 Property Address Physical Plant 5055 North Kedzie Avenue Grounds Shop 3212 West Foster Avenue Covenant Bookstore 3200 West Foster Avenue Field House 3037 West Foster Avenue Soccer Field Garage 3038 West Foster Avenue (behind Marine base) Anderson Parking Lot 5000 North Spaulding Avenue Burgh Parking Lot 5051 North Spaulding Avenue Foster/Kedzie North Lot 5141 North Kedzie Avenue Kedzie/Carmen South Lot 5105 North Kedzie Avenue George's Lot 3238 West Foster Avenue Tennis Courts 5125 North Kimball Avenue Athletic Complex 5137 North Albany Avenue Recreation Center Site 5022 - 5040 North Kedzie Avenue Leased Property. Building Athletic Complex Property Address 3035 West Foster Avenue 12/17/2003 REPORTS OF COMMITTEES Housing Buildings. Building Property Address House 5119 North Christiana Avenue 3-Flat 5139 North Christiana Avenue 6-Flat 5141 - 5143 North Christiana Avenue 18-Flat 5 1 4 2 - 5 1 5 6 North Christiana Avenue 3333 - 3339 West Foster Avenue 2-Flat 5231 North Christiana Avenue 5-Flat 5247 - 5249 North Christiana Avenue 3-Flat 5301 North Christiana Avenue 28-Flat (Lund House) 5001 - 5007 North Spaulding Avenue 3246 - 3256 West Argyle Street 2-Flat 5015 North Spaulding Avenue House 5017 North Spaulding Avenue 3-Flat 5023 North Spaulding Avenue House 5031 North Spaulding Avenue 2-Flat 5043 North Spaulding Avenue 4-Flat 5047 North Spaulding Avenue 15725 15726 Building JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Property Address President's House 5258 North Spaulding Avenue House 5052 North Sawyer Avenue House 5054 North Sawyer Avenue House 5058 North Sawyer Avenue 4-Flat 5240 North Sawyer Avenue 3-Flat 5301 North Sawyer Avenue 13-Flat 3204 - 3206 West Carmen Avenue 12-Flat 3208 - 3210 West Carmen Avenue 6-Flat 3 2 1 6 - 3 2 1 8 West Carmen, Avenue 6-Flat 3222 - 3224 West Carmen Avenue 6-Flat 3226 - 3228 West Carmen Avenue House 3230 West Carmen Avenue 3-Flat 3234 West Carmen Avenue House 3240 West Carmen Avenue 27-Flat 5100 - 5118 North Kedzie Avenue 2-Flat 5132 North Troy Street 4-Flat 3319 West BerwjTi Avenue 12/17/2003 REPORTS OF COMMITTEES 15727 EXEMPTION OF NORTHWESTERN UNIVERSITY/CHICAGO CAMPUS FROM PAYMENT OF CITY PERMIT, LICENSE AND INSPECTION FEES FOR PERIOD ENDING DECEMBER 3 1 , 2 0 0 4 . The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the FYesident and Members of the City Council: Your Committee on Finance, having had under consideration a proposed ordinance presented by Alderman Natarus (42"'' Ward) exempting Northwestem University/Chicago Campus from pajment ofall city peimit, license and inspection fees for the period ending December 3 1 , 2004, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. This recommendation was concuned in by a viva voce vote of the members ofthe Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Muhoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. 15728 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed: Be Lt Ordained by the City Council of the City of Chicago: SECTION 1. That the Commissioner of Buildings, the Commissioner of Transportation, the Commissioner of Streets and Sanitation, the Commissioner of Sewers, the Commissioner of Water Management and the Commissioner of Fire are hereby directed to issue all necessary permits, all on-site water/sewer inspection fees and all water/sewer plan review fees, free of charge, notwithstanding other ordinances of the City of Chicago to the contraiy, to the Northwestem University/Chicago Campus, a not-for-profit Illinois corporation, related to the erection and maintenance of the building and fuel storage facilities located at 303 West Chicago Avenue; 339 East Chicago Avenue; 357 East Chicago Avenue; 275 East Chestnut Street; 301 East Erie Street; 321 East Erie Street; 710 North Fairbanks Court; 727 North Fairbanks Court; 222 East Huron Street; 410 East Huron Street; 710 North Lake Shore Drive; 750 North Lake Shore Drive; 850 North Lake Shore Drive; 222 East Superior Street; 300 East Superior Street; 310 East Superior Street; and 320 East Superior Street. Said building(s) and 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 the plans submitted and all of the appropriate provisions of the Municipal Code of the City of Chicago and departmental requirements of various departments ofthe City ofChicago, 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 permits and licenses. SECTION 2. The Northwestem University/Chicago Campus, a not-for-profit Illinois corporation, also doing business engaged in cultural, educational and related activities, shall be exempt from the pajment of city license fees and shall be entitled to the cancellation of warrants for the collection of inspection fees. SECTION 3. The Northwestem University/Chicago Campus shall be entitled to a refund of city fees which it has paid and to which it is exempt pursuant to Sections 1 and 2 of the ordinance. SECTION 4. This ordinance shall be in force for a period of one (1) year but in no event beyond December 3 1 , 2004. 12/17/2003 REPORTS OF COMMITTEES 15729 EXEMPTION OF THE PEACE SCHOOL FROM PAYMENT OF CITY PERMIT, LICENSE AND INSPECTION FEES FOR PERIOD ENDING DECEMBER 15, 2 0 0 4 . The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration a proposed ordinance presented by Alderman Matlak (32"'' Ward) exempting The Peace School from pajment of all city peimit, license and inspection fees for the period ending December 15, 2004, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. , This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, ^ Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Muhoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. 15730 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 The following is said ordinance as passed: Be It Ordained by the City Council of the City of Chicago: SECTION 1. That the Commissioner of Buildings, the Commissioner of Transportation, the Commissioner of Streets and Sanitation, the Commissioner of Sewers, the Commissioner of Water and the Commissioner of Fire are hereby directed to issue all necessary permits, all on-site water/sewer inspection fees and all water/sewer plan review fees, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to The Peace School, a not-for-profit Illinois corporation, related to the erection and maintenance of building(s) and fuel storage facilities at 3121 North Lincoln Avenue. Said building(s) and 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 of the appropriate provisions of the Municipal Code of the City of Chicago and departmental requirements of various departments ofthe City ofChicago, 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 permits and licenses. SECTION 2. The Peace School, a not-for-profit Illinois corporation, located at 3121 North Lincoln Avenue, engaged in cultural, educational and related activities, shall be exempted from the pajment of city license fees and shall be entitled to the cancellation of warrants for the collection of inspection fees. SECTION 3. The Peace School shall be entitled to a refund of city fees that is has paid and to which it is exempt pursuant to Sections 1 ahd 2 of this ordinance. SECTION 4. This ordinance shall be in force for a period of one (1) year but in no event beyond December 15, 2004. EXEMPTION OF SAINT J O S E P H HOSPITAL (2900 NORTH LAKE SHORE DRIVE) FROM PAYMENT OF CITY PERMIT, LICENSE AND INSPECTION FEES FOR PERIOD ENDING FEBRUARY 15, 2 0 0 5 . The Committee on Finance submitted the following report: 12/17/2003 REPORTS OF COMMITTEES 15731 CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration a proposed ordinance presented by Alderman Tunney (44"^ Ward) exempting Saint Joseph Hospital (2900 North Lake Shore Drive) from pajment ofall city permit, license and inspection fees for the period ending February 15, 2005, having had 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 viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Muhoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers 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. That the Commissioner of Buildings, the Executive Director of Construction and Pennits, the Commissioner ofTransportation, the Commissioner 15732 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 of Streets and Sanitation, the Director of Revenue, the Commissioner of Water Management and the Commissioner of Fire are hereby directed to issue all necessary permits, all on-site water/sewer inspection fees and all water/sewer plan review fees, free of charge, notwithstanding other ordinances ofthe City ofChicago to the contraiy, to Saint Joseph Hospital, a not-for-profit Illinois corporation, related to the erection and maintenance of building(s)- and fuel storage facilities at 2900 North Lake Shore Drive. Said building(s) and 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 of the appropriate provisions of the Municipal Code of the City of Chicago and departmental requirements of various departments ofthe City ofChicago, 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 permits and licenses. SECTION 2. Saint Joseph Hospital, a not-for-profit Illinois corporation, located at 2900 North Lake Shore Drive and 2845 North Sheridan Road, engaged in medical, educational and related activities, shall be exempt from the pajment of city license fees and shall be entitled to the cancellation of warrants for the collection of inspection fees. SECTION 3. Saint Joseph Hospital shall be entitled to a refund of city fees which it has paid and to which it is exempt pursuant to Sections 1 and 2 ofthis ordinance. SECTION 4. This ordinance shall be in force for a period of one (1) year but in no event beyond February 15, 2005. EXEMPTION OF SAINT J O S E P H HOSPITAL (2845 NORTH SHERIDAN ROAD) FROM PAYMENT OF CITY PERMIT, LICENSE AND INSPECTION FEES FOR PERIOD ENDING FEBRUARY 15, 2 0 0 5 . The Committee on Finance submitted the following report: 12/17/2003 REPORTS OF COMMITTEES 15733 CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration a proposed ordinance presented by Alderman Tunney (44"" Ward) exempting Saint Joseph Hospital (2845 North Sheridan Road) from pajment of all city permit, license and inspection fees for the period ending February 15, 2005, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Muhoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers 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. That the Commissioner of Buildings, the Executive Director of Construction and Pennits, the Commissioner ofTransportation, the Commissioner 15734 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 of Streets and Sanitation, the Director of Revenue, the Commissioner of Water Management and the Commissioner of Fire are hereby directed to issue all necessary permits, all on-site water/sewer inspection fees and all water/sewer plan review fees, free of charge, notwithstanding other ordinances ofthe City ofChicago to the contraiy, to Saint Joseph Hospital, a not-for-profit Illinois corporation, related to the erection and maintenance of building(s) and fuel storage facilities at 2845 North Sheridan Road. Said building(s) and 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 of the appropriate provisions of the Municipal Code of the City of Chicago and departmental requirements of various departments ofthe City ofChicago, and sadd 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 permits and licenses. SECTION 2. Saint Joseph Hospital, a not-for-profit Illinois corporation, located at 2900 North Lake Shore Drive and 2845 North Sheridan Road, engaged in educational and related activities, shall be exempt from the payment of city license fees and shall be entitled to the cancellation of warrants for the collection of inspection fees. SECTION 3. Saint Joseph Hospital shall be entitled to a refund of city fees which it has paid and to which it is exempt pursuant to Sections 1 and 2 of this ordinance. SECTION 4. This ordinance shall be in force for a period of one (1) year but in no event beyond February 15, 2005. EXEMPTION OF SAINT MARY OF NAZARETH HOSPITAL CENTER FROM PAYMENT OF CITY PERMIT, LICENSE AND INSPECTION FEES FOR PERIOD ENDING NOVEMBER 15, 2 0 0 3 . The Committee on Finance submitted the following report: 12/17/2003 REPORTS OF COMMITTEES 15735 CHICAGO, December 17, 2003. To the FYesident and Members of the City Council: Your Committee on Finance, having had under consideration a proposed ordinance presented by Alderman Matlak (32"'' Ward) exempting Saint Mary of Nazareth Hospital Center from pajment ofall city permit, license and inspection fees for the period ending November 15, 2003, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Muhoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed: Be Lt Ordained by the City Council of the City of Chicago: SECTION 1. That the Commissioner of Buildings, the Commissioner of Transportation, the Commissioner of Streets and Sanitation, the Commissioner of 15736 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Sewers, the Commissioner of Water and the Commissioner of Fire are hereby directed to issue all necessary permits, all on-site water/sewer inspection fees and all water/sewer plan review fees, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, to Saint Mary of Nazareth Hospital Center, a not-for-profit Illinois corporation, related to the erection and maintenance of building(s) and fuel storage facilities at 2201 West Division Street. Said building(s) and 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 of the appropriate provisions of the Municipal Code of the City of Chicago and departmental requirements of various departments ofthe City ofChicago, 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 pennits and licenses. SECTION 2. Saint Mary of Nazareth Hospital Center, a not-for-profit Illinois corporation, located at 2201 West Division Street, engaged in medical, educational and related activities, shall be exempt from the payment of city license fees and shall be entitled to the cancellation of warrants for the collection of inspection fees. SECTION 3. Saint Maiy of Nazareth Hospftal Center shall be entitled to a refund of city fees that it has paid and to which it is exempt pursuant to Sections 1 and 2 ofthis ordinance. SECTION 4. This ordinance shall be in force for a period of one (1) year but in no event beyond November 15, 2003. EXEMPTION OF SAINT MARY OF NAZARETH HOSPITAL CENTER FROM PAYMENT OF CITY PERMIT, LICENSE AND INSPECTION FEES FOR PERIOD ENDING NOVEMBER 15, 2 0 0 4 . The Committee on Finance submitted the following report: 12/17/2003 REPORTS OF COMMITTEES 15737 CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration a proposed ordinance presented by Alderman Matlak (32"'' Ward) exempting Saint Mary of Nazareth Hospital Center from pajment ofall city permit, license and inspection fees for the period ending November 15, 2004, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Muhoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers 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. That the Commissioner of Buildings, the Commissioner of 15738 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Transportation, the Commissioner of Streets and Sanitation, the Commissioner of Sewers, the Commissioner of Water and the Commissioner of Fire are hereby directed to issue all necessaiy pennits, all on-site water/sewer inspection fees and all water/sewer plan review fees, free of charge, notwithstanding other ordinances of the City of Chicago to the contraiy, to Saint Mary of Nazareth Hospital Center, a not-for-profit Illinois corporation, related to the erection and maintenance of building(s) and fuel storage facilities at 2201 West Division Street. Said building(s) and 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 of the appropriate provisions of the Municipal Code of the City of Chicago and departmental requirements of various departments ofthe City ofChicago, 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 permits and licenses. SECTION 2. Saint Mary of Nazareth Hospital Center, a not-for-profit Illinois corporation, located at 2201 West Division Street, engaged in medical, educational and related activities, shall be exempted from the pajment of city license fees and shall be entitled to the cancellation of warrants for the collection of inspection fees. SECTION 3. Saint Mary of Nazareth Hospital Center shall be entitled to a refund of city fees that it has paid and to which it is exempt pursuant to Sections 1 and 2 ofthis ordinance. SECTION 4. This ordinance shall be in force for a period of one (1) year but in no event beyond November 15, 2004. EXEMPTION OF UNITY IN CHICAGO FROM PAYMENT OF CITY PERMIT, LICENSE AND INSPECTION FEES FOR PERIOD ENDING NOVEMBER 19, 2 0 0 4 . The Committee on Finance submitted the following report: 12/17/2003 REPORTS OF COMMITTEES 15739 CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration a proposed ordinance presented by Alderman Stone (50"^ Ward) exempting Unity In Chicago from payment of all city permit, license and inspection fees for the period ending November 19, 2004, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Muhoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, RebojTas, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers 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. That the Commissioner of Buildings, the Commissioner of Transportation, the Commissioner of Streets and Sanitation, the Commissioner of 15740 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Sewers, the Commissioner of Water, the Commissioner of Fire and the Director of Revenue are hereby directed to issue all necessary pennits, all on-site water/sewer inspection fees and all water/sewer plan review fees, free of charge, notwithstanding other ordinances of the City of Chicago to the contrary, for Unity In Chicago at 1925 West Thome Avenue, a not-for-profit Illinois corporation, related to the building/remodeling of their premises at 1903 — 1915 West Thome Avenue. Said building(s) and 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 of the appropriate provisions of the Municipal Code of the City of Chicago and departmental requirements of various departments ofthe City ofChicago, 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. Unity In Chicago, a not-for-profit Illinois corporation, located at 1925 West Thome Avenue, a religious institute, shall be exempt from the pajment of city license fees and shall be entitled to the cancellation of warrants for the collection of inspection fees. SECTION 3. Unity In Chicago shall be entitled to a refund of city fees which it has paid and to which it is exempt pursuant to Sections 1 and 2 ofthis ordinance. SECTION 4. This ordinance shall be in force for a period of one (1) year (November 19, 2003 to November 19, 2004). EXEMPTION OF LOUIS A. WEISS MEMORIAL HOSPITAL FROM PAYMENT OF CITY PERMIT, LICENSE AND INSPECTION FEES FOR PERIOD ENDING AUGUST 15, 2 0 0 4 . The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the FYesident and Members of the City Council: 12/17/2003 REPORTS OF COMMITTEES 15741 Your Committee on Finance, having had under consideration a proposed ordinance presented by Alderman Shiller (46"" Ward) exempting Louis A. Weiss Memorial Hospital from pajment of all city permit, license and inspection fees for the period ending August 15, 2004, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Muhoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers 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. That the Commissioner of Buildings, the Commissioner of Transportation, the Commissioner of Streets and Sanitation, the Commissioner of Sewers, the Commissioner of Water and the Commissioner of Fire are hereby directed to issue all necessary permits, all on-site water/sewer inspection fees and all water/sewer plan review fees, free of charge, notwithstanding other ordinances of the City of Chicago to the contraiy, to Louis A. Weiss Memorial Hospital, a notfor-profit Illinois corporation, related to the erection and maintenance of building(s) and fuel storage facilities at 4646 North Marine Drive. 15742 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Said building(s) and 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 of the appropriate provisions of the Municipal Code of the City of Chicago and departmental requirements of various departments ofthe City ofChicago, 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 permits and licenses. SECTION 2. Louis A. Weiss Memorial Hospital, a not-for-profit Illinois corporation, located at 4646 North Marine Drive, engaged in medical, educational and related activities, shall be exempt from the payment of city license fees and shall be entitled to the cancellation of warrants for the collection of inspection fees. SECTION 3. Louis A. Weiss Memorial Hospital shall be entitled to a refund of city fees that it has paid and to which it is exempt pursuant to Sections 1 and 2 of this ordinance. SECTION 4. This ordinance shall be in force for a period of one (1) year but in no event beyond August 15, 2004. AUTHORIZATION FOR WAIVER, CANCELLATION AND RELEASE OF CLEANUP LIEN FOR PROPERTY AT 5 3 3 4 WEST CULLOM AVENUE. The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, to which was refened December 17, 2003, a proposed ordinance transmitted therewith to authorize the waiver, cancellation and release 12/17/2003 REPORTS OF COMMITTEES 15743 of a cleanup lien against Donald Blaesing for property located at 5334 West Cullom Avenue, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed ordinance transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfiilly submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Muhoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers 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 Corporation Counsel is hereby authorized and directed to waive, cancel and release cleanup lien(s), in the amount of $49,228.00 entered on November 17, 2003 against Donald Blaesing, for the property located at 5334 West Cullom Avenue, Chicago, Illinois (Permanent Index Number 13-16-306-029, Case Number 01 Ml 403439). SECTION 2. This ordinance shall take effect and be in force from and after its passage. 15744 JOURNAL-CITY COUNCIL--CHICAGO 12/17/2003 AUTHORIZATION FOR CANCELLATION OF WARRANTS FOR COLLECTION ISSUED AGAINST CERTAIN CHARITABLE, EDUCATIONAL AND RELIGIOUS INSTITUTIONS. The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the FYesident and Members of the City Council: Your Committee on Finance, to which had been refened sundry proposed orders for cancellation of specified warrants for collection issued against certain charitable, educational and religious institutions, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed substitute order transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed substitute order transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Muhoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Rebojras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. The following is said order as passed: 12/17/2003 REPORTS OF COMMITTEES 15745 Ordered, That the City Comptroller is hereby authorized and directed to cancel specified w a n a n t s for collection issued against certain charitable, educational and religious institutions, as follows: Name And Address Warrant Number And Type Of Inspection Amount Chinese Christian Union Church 2212 South Wentworth Avenue F4-313655 (Mech. Vent.) $ 356.00 Pui Tak Center 2212 South Wentworth Avenue F4-314272 (Mech. Vent.) 40.00 Washington and J a n e Smith Home 2340 West 113''^ Place Pl-304043 (Fuel Bum. Equip.) 160.00 Pl-304132 (Fuel Bum. Equip.) 1,685.00 AUTHORIZATION FOR PAYMENT OF HOSPITAL, MEDICAL AND NURSING SERVICES RENDERED CERTAIN INJURED MEMBERS OF POLICE AND FIRE DEPARTMENTS. The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration an order authorizing the pajment of hospital and medical expenses of police officers and fire fighters 15746 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 injured in the line of duty, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed order transmitted herewith. This recommendation was concuned in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed order transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Muhoz, Zalewski, Chandler, Solis, Ocasio, Burnett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. The following is said order as passed: Ordered, That the City Comptroller is authorized and directed to issue vouchers, in conformity with the schedule herein set forth, to physicians, hospitals, nurses or other individuals, in settlement for hospital, medical and nursing services rendered to the injured members ofthe Police Department a n d / o r the Fire Department herein named. The pajment of any of these bills shall not be construed as an approval of any previous claims pending or future claims for expenses or benefits on account of any alleged injury to the individuals named. The total amount of said claims is set opposite the names ofthe injured members ofthe Police Department a n d / o r the Fire Department, and vouchers are to be drawn in favor ofthe proper claimants and charged to Account Number 100.9112.937: [Regular orders printed pn pages 15747 through 15757 of this J o u m a l ] 12/17/2003 REPORTS OF COMMITTEES 15747 n o o n X X ^ > O a: = V ru ^ 'Jl' a: S Z t:^ ^ U CS z •-< H a: <: J 3 > . L'J U « 'A' - ^ * U _l U Z 3 O U >i • * * * a; i : a: a: a: 2 < :i a:ia:a:a:ia:a;a:a:a:a:a;a;a:a:a:a:a;2:a:iixa:ia:a:a:ia:a:a:a:a:a:a:i2:a:a:ia:a:r 'J.' X U.' 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Z 3 o 1-4 O CJ CJ 3 :£ai3CS333Bl Z E C Z C K C f E 3 < l - U l l - l - t - < •* O U O LU LU U Z LU UI u ro c- o n «t ooo-oroooo^ n t> -* -*ci -* ti rv-i * L'. > > > > • > > LU>> > Z Z Z Z Z Z Z Z Z z < <.<.<< i - ~ z :-c Z C J Z > i z UJ L J C U n -j>< a o : i H > u J i a : o : z o o a : u j z z o z u ujuix EiHUJZzc:uiuzEuLuauxzui>oo:E_JUJXc:Ezx 4>otni-i-i-«i:.u.LJEXXEXQ_lwozoc:(axoi-LOZ->LUXXLjaX-U5r-tLio:ai-5ii:o5:E"5.a.Z3"aa£Xi-Tz 15756 JOURNAL-CITY COUNCIL-CHICAGO •x_' u) a ill 'X'X v - 3 <•) oz .H 12/17/2003 oc'<4r>.oo*r)OOh.orooooOtaioooino-NO«i-t>inroo«3C'0000*0'OOOOooo«fai>> o*Pjnooc50owo-'OOOOoo-aooN--«^N~ooinon « t r o n e - * n o i > « f - < < r * o - o c - o n M o n o » H o i n i n o n n » f t * r > w i > o * > s - « r o * n 3 r o i s tj ^ j? 5 40(^•'H•o^^ONnv')nn*a»lO•r<(^^»••nn^DOn^•••Ht^oalOl••H>Or0THOiinn n o o 70« ro n-H P-WTHM •" T»• nnnooni-iC)ronnonnnnnrononiJinronn-r<(Mnnnno-Hron*nnnn»S"^'..V.V.V.'^'.NN.N.V^V,''^>»V.'V."S'NV.>^'.S'V.>..N.-N.V.-.^-.^'X ..V'xV.V.'N.V.V.V.V.^.V nNTHO'"C''»^Nr».c-O'H0-nsroir>oninron'*P-4*c--ioo*>ON-«ON*inoiHro'H<*inNNTsf> •^woniHoro-iro'H.nMroO'^roro — — -•« roromo-ioron-^-ionoroooo-'nrorooro —ro'^-tv -^ XVV.•sX•'..•N"'^N.V^^•~.•^>^VV.^~v•>.-'»^v.-s•^,^^v.-^.v.'^.>^«^•^..^..•.^^•>..•^^v,N^^V.>..»^>s^•^>>^ .oc-iri'*''Hta4.tO"*nin.oaooor'..one'>ONt>tH«ac*no"^> A A A A 4> 1— 2 *x' • £ Z o cs < CJ IH "^ a 0 2 X a a 0 .- n 7; E u 0 'X r^ -1 X E 0 0) E UJ X 7.' < N. 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A *A A *rS: * * 01 X a' ^ _' < 3 a 2 X 07 < 3 X U .; 'X 3 2 3 01 _' 2 2 3 X aC _' X '-' 3 2 > 15757 15758 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 ; and Be It Further Ordered, That the City Comptroller is authorized and directed to issue warrants, in conformity with the schedule herein set forth, to physicians, hospitals, nurses or other individuals, in settlement for hospital, medical and nursing services rendered to the injured members ofthe Police Department a n d / o r Fire Department herein named, provided such members of the Police Department a n d / o r Fire Department shall enter into an agreement in writing with the City of Chicago to the effect that, should it appear that any of said members'Of the Police Department a n d / o r Fire Department have received any sum of money from the party whose negligence caused such injury, or have instituted proceedings against such party for the recovery of damage on account of such injury or medical expenses, then in that event the City shall be reimbursed by such member of the Police Department a n d / o r Fire Department out ofany sum that such member ofthe Police Department a n d / o r Fire Department has received or may hereafter receive from such third party on account ofsuch injury or medical expenses, not to exceed the expense in accordance with Opinion Number 1422 ofthe Corporation Counsel of said City, dated March 19, 1926. The pa3anent of any of these bills shall not be construed as approval ofany previous claims pending or future claims for expenses or benefits on account of any alleged injury to the individuals named. The total amount of such claims, as allowed, is set opposite the names of the injured members ofthe Police Department a n d / o r Fire Department and warrants are to be drawn in favor of the proper claimants and charged to Account Number 100.9112.937: [Third party orders printed on pages 15759 through 15761 of this Journal] 12/17/2003 REPORTS OF COMMITTEES 15759 i_| IU4 uE 3^o ooo'^ooouanoMooooooonoo-'OOtsooooooofiiro'foooingg^toqoofiio ooo*NOor)r'on-aoooooro'fNiro''Hroc':5'n ON*Nh.N'4»nincininooo'*-4)>0'>Hoj»o«i-«i'-o^n*oini>'.ga'*oi N iHsij *ir)«< taif^ - r ^ r ^ t H ^ H m N f e - n o •« ^i - a n ro<»- inn«t)N we- i n N » H t a < T J * i n o Ul 'X'X 1-3 <;-) OZ nnn-^n-onnnroMcn-i-oniHroonnNnnnnnNronnronnnnonntaronnnnronnn o o o o o t ^ o o o o o c ^ o o t ^ o o o o o o o o o o o o o o o o o o o o o t ^ o o ( ^ o o o g o o g o o ooooochooooot>ooi>oooooot>ooooooooooooooi>ooc-ggoooogg'0 rororororo-irorororoM'Hniro'HrororoMroM — rorororororororororotMrororo-iroro^rororororortroro-ro <^>..N.->^V.V,'V.N.'S>.V'^'>.V.>..^^V.V.V'>^N»»VV.N.V>^'NV.>'^-VV.-.^S^^^'^.'V.V.V.VV.>.V"^'S.V.~»^V. 4te-roa«fon"»-nMino^anMoccroc^i^«fr'»c^-ocnn'H-iroroi< > w w v 4 w m ^ ro n ^ i n t a i t a 4 t a 4 -4 | s . 4 H f f j r H ^ »H ^ > . . 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X w > < < : a u a N S < U J O < ca < -a: 3 E a ot >-> at z < MN E N Z Z J I O J E UJ O C 3 3 m a a .H G a t e . . i c n : < l CJ 3 < - 2 * HiHaCSCBEUI4lUE 2>NH2LJ2 azi-Lu<:ia:_.XE'csxGC5GGo;n<:aju a Z i - a . c j c j c j z X is E _ j Z i r a : G G , - i - a . . X w 3 < : < : E c a > i a i t a c 3 > > x _i _ Z L L r - z - 5 E a . G « _ . _ . 3'H''>a3<:«:<> tntncscsLtiLJiu< x CSIHIU M N K 12/17/2003 REPORTS OF COMMITTEES x_' •X' < o o o m o o N o o o o o ooniHC-'^ri*nt>oo u— 3"3 > daKctie^«aN-ti*NO-ri * j » » - o * s - o i n n o t » n N THM n ^ o n ^ r n n w n w D UJ 'X'X n o ro n ro ro ^^ o n n o n o o o o o o t> o o o i> o o o o o o o 0 - o o o 0- o rororororotxi-rororo'^ro 1-3 ^ > . V . ' > . " X ^ ' > L V - \ . ^ ' X S . «-j o z o^^^«fTHtacaB)^nooro « r o — o w - i r o - < -H o " o oi>-''»in-.aoi'vronnr> A A * • O 7? a O a , 2 'xJ E 2 H U a - X r" E H H U Z .U I H O I H C < ta E 70 V ^ ta CJ Ul — E lU Q 3 X»HHQiHiHO H E fj a K C T- n O — tt '- L. H I H X -I 'X iH X U U. a K " U Z 3 O U o > > H IH U ^ 70 o 3 X ca H E >H E O "H u H ta C J E I H ^ O I H Z - IH ta a H LU ta H o 2 LJ 2 L-iH z Z > I H Z C J O O O O < C * * • 'x a A * 3 ' H U J X L U X - I Z < E E < E IH _' H - X h- 'is IH 3 U U 3 E E X 3 D* . -4 H X E ' C X L j — a.J - Z " * ^ > H Lu H Lrf LJ - i < -I H X Z H u a H Z < _ l ; £ < Z H U C L J E X I H H 3 U H U X > — r- -^ Cl CSH (n 3 H a Z - V H X <; n < LU E < HtataHOHUiUBi'H(n< _ix OQL')UliH4lEUIXZ '-1 3 « A A A < _l X Z UJ Oi i - o s a ^ - t n A • H I H Z E E Z Z _ I Z U 2 E < < O I H L U < L U U J U J _ I A V 3 •1: w N_i u. G xaj-j-..— : i r - x i a , - < - , _ . w _ r f ' - i - - - w < a z z <:<-..ta.-<:x > > > > > 3 3 3 i u E ; . t a 15761 15762 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 AUTHORIZATION FOR PAYMENT OF MISCELLANEOUS REFUNDS, COMPENSATION FOR PROPERTY DAMAGE, ET CETERA. The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council: Your Committee on Finance, having had under consideration an order authorizing the payment of various small claims against the City of Chicago, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed order transmitted herewith. This recommendation was concurred in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed order transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Muhoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Rebo5n'as, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. The following is said order as passed: 12/17/2003 REPORTS OF COMMITTEES 15763 Ordered, That the City Comptroller is authorized and directed to pay the following named claimants the respective amounts set opposite their names, said amounts to be paid in full and final settlement on each claim on the date and location by type of claim, with said amount to be charged to the activity and account specified as follows: Damage To FYoperty. Department Of Police/Office Of Emergency Communication: Account Number 100-99-2005-0934-0934. Name And Address Date And Location Amount Carmelo Flores and State Farm Insurance Company 2702 Ireland Grove Road P.O. Box 2314 Bloomington, Illinois 61702 8/17/01 1535 North Karlov Avenue $1,724.00 Harold Nelson 10250 South Oakley Avenue Chicago, Illinois 60643 7/8/03 10250 South Oakley Avenue 975.00 Damage To Vehicle. Department Of Police/Office Of Emergency Communication: Account Number 100-99-2005-0934-0934. Name And Address Kimberley Jo Ferguson 7928 South Ingleside Avenue Chicago, Illinois 60619 Date And Location Amount 2/1/02 7125 South Cottage Grove Avenue $89.00 JOURNAL-CITY COUNCIL-CHICAGO 15764 12/17/2003 Damage To Vehicle. Department Of Police/Office Of Emergency Communication: Account Number 100-99-2005-0934-0934. Name And Address Date And Location Ariana Guzman 2401 West Home Berwyn, Illinois 60402 11/15/02 4000 West 16^^ Street Saundra Smith and State Farm Insurance 2702 Ireland Grove Road P.O. Box 2311 Bloomington, Illinois 61702 5/12/03 121 North LaSalle Street Amount $1,885.00 915.00 100.00* Damage To Vehicle. Department Of Sewers: Account Number 314-99-2005-0934-0934. Name And Address Date And Location Amount James J. CoUis 3317 Ridge Road Apartment 4 Lansing, Illinois 60438 5/31/03 3815 East 112"^ Street $415.00 Phillip Eric Robinson 10339 Nottingham Trail Eden Prairie, Minnesota 6/28/03 700 West North Avenue 288.00 * To City of Chicago, Bureau of Parking 12/17/2003 REPORTS OF COMMITTEES 15765 Damage To FYoperty. Department Of Streets And Sanitation/Bureau Of Streets: Account Number 300-99-2005-0934-0934. Name And Address Date And Location Amount Donald R. Cole 6809 South Euclid Avenue Chicago, Illinois 60649 8/12/03 6809 South Euclid Avenue $197.00 Dwayne Moore, Sr. 4022 West Kamerling Avenue Chicago, Illinois 60651 7/9/03 4022 West Kamerling Avenue 400.00 Marian Speights 7732 South Paxton Avenue Chicago, Illinois 60649 6/30/03 7732 South Paxton Avenue 475.00 Damage To Vehicle. Department Of Streets And Sanitation/Bureau Of Streets: Account Number 300-99-2005-0934-0934. Name And Address Date And Location Amount David Angres 1616 West Montrose Avenue Unit 3K Chicago, Illinois 60613 5/25/03 3232 Northwestern Avenue $235.00 Betty Bloodworth-Harris 8822 South Paulina Avenue Chicago, Ilhnois 60620 5/6/03 East 77"" and South Wabash Avenue 163.00 JOURNAL-CITY COUNCIL-CHICAGO 15766 12/17/2003 Damage To Vehicle. Department Of Streets And Sanitation/Bureau Of Streets: Account Number 300-99-2005-0934-0934. Name And Address Date And Location Amount Wanda Carey 5200 South EUis Avenue Apartment 405 Chicago, Illinois 60615 6/15/03 7050 South Stony Island Avenue $50.00 Paul Chiemmongkoltip 3541 Parthenon Way Oljmipia Fields, Illinois 60461 5/16/03 3032 North Westem Avenue 169.00 Carlos J. Cumpian 4442 North Avers Avenue Chicago, Illinois 60625 5/14/03 2101 West Montrose Avenue 286.00 Enterprise Rent-A-Car 605 25'*^ Avenue Claim Number DX15C8810 Attention: Anne Federici Bellwood, Illinois 60104 5/15/03 4345 West 5* Avenue 410.00 Delaney Epps 4300 West Ford City Drive Chicago, Illinois 60652 8/24/02 West 76^^ and South Pulaski Road 374.00 Trina Golorky 4800 South Lake Park Avenue Apartment 502 Chicago, Illinois 60615 5/20/03 3100 N o r t h w e s t e m Avenue 469.00 J a h e s h a Kensey 886 Kirkwood Avenue Atlanta, Georgia 30316 7/24/03 5509 South Lake Park Avenue 80.00 12/17/2003 REPORTS OF COMMITTEES 15767 Damage To Vehicle. Department Of Streets And Sanitation/Bureau Of Streets: Account Number 300-99-2005-0934-0934. Name And Address Date And Location Amount Ibrahim Khamis 3763 West 77''' Place Chicago, Illinois 60652 6/14/03 3923 West 77'*' Street $229.00 210.00* Shahid Khan 541 Cumberland Lane Bolingbrook, Illinois 60440 6/19/03 2457 West Odgen Avenue 149.00 Mary Margaret Kirby 4059 North Greenview Avenue Unit 2 North Chicago, Illinois 60613 6/3/03 2001 West Sunnyside Avenue 353.00 Kevin Korschgen 5445 North Sheridan Road Unit 2805 Chicago, Illinois 60640 5/11/03 5200 North Lake Shore Drive 81.00 110.00* Vinita C. Lafrancis 2205 West Cullom Avenue Chicago, Illinois 60618 2/19/03 2450 West Addison Street 134.00 Suzanne Mattay 1318 North Greenview Avenue Front Basement Apartment Chicago, Ilhnois 60622 5/16/03 2900 North Westem Avenue To City of Chicago, Bureau of Parking 83.00 JOURNAL-CITY COUNCIL-CHICAGO 15768 12/17/2003 Damage To Vehicle. Department Of Streets And Sanitation/Bureau Of Streets: Account Number 300-99-2005-0934-0934. Name And Address Date And Location Amount Martin McDermott 2429 West Foster Avenue Apartment 2W Chicago, Illinois 60625 6/8/03 800 West Buckingham Place $291.00 Julia Mae McFadden 15934 Vine Harvey, Illinois 60426 5/26/03 Racine and Loomis Jonathan Moss 5827 South Blackstone Avenue Chicago, Illinois 60637 7/19/03 5500 South Lake Park Avenue 163.00 John Panko 2604 West Estes Avenue Chicago, Illinois 60645 7/13/03 2150 N o r t h w e s t e m Avenue 757.00 Justin J. Pawlik 330 North Jefferson Street Apartment 1003 Chicago, Illinois 60661 6/27/03 South Halsted Street and West Harrison Street 596.00 Andrea Sanchez 4726 North Kasson Avenue Chicago, Illinois 60630 5/19/03 2950 North Westem Avenue 343.00 140.00* David Shehker 2725 West Estes Avenue Chicago, Illinois 60645 5/8/03 7200 North Touhy Avenue * To City of Chicago, Bureau of Parking 98.00 80.00 12/17/2003 REPORTS OF COMMITTEES 15769 Damage To Vehicle. Department Of Streets And Sanitation/Bureau Of Streets: Account Number 300-99-2005-0934-0934. Name And Address Date And Location Amount Trevor S. Shorey and USAA General Indemnity Company 9800 Fredericksburg Road San Antonio, Texas 78288 7/29/02 West Oakdale Avenue near North Pine Grove Avenue $738.00 Christine Suddreth 15025 South Laramie Avenue Oak Forest, Illinois 60452 5/29/03 11501 S o u t h w e s t e r n Avenue Lee Roy Umbles, Jr. 9301 South Wabash Avenue Chicago, Illinois 60619 5/12/03 9300 South Indiana Avenue 59.00 Brian C. Weber 16 Richmond LaGrange Park, Illinois 60526 5/22/03 3200 North Westem Avenue 559.00 171.00 Damage To Vehicle. Department Of Transportation/Bureau Of Bridges: Account Number 300-99-2005-0934-0934. Name And Address Latasha Moore 3015 West 60* Street 2"" Floor Chicago, Illinois 60629 To City of Chicago, Bureau of Parking. Date And Location 5/11/03 2600 South Ashland Avenue Amount $887.00 240.00* JOURNAL-CITY COUNCIL-CHICAGO 15770 12/17/2003 Damage To FYoperty. Department Of Transportation/Bureau Of Streets: Account Number 300-99-2005-0934-0934. Name And Address Vel Rogers 8901 South Constance Avenue Chicago, Illinois 60617 Date And Location Amount 6/23/03 8901 South Constance Avenue $990.00 100.00* Damage To Vehicle. Department Of Transportation/Bureau Of Traffic: Account Number 300-99-2005-0934-0934. Name And Address Date And Location Amount Wesley-SuUers, Vecheeka P.O. Box 413 Evanston, Illinois 60204 6/19/02 7401 North Clark Street $942.00* Kathy Navarro 5254 West Montrose Avenue Apartment 2 Chicago, Illinois 60641 5/9/03 West Addison Street and North Cicero Avenue To City of Chicago, Bureau of Parking. 150.00 250.00* 12/17/2003 15771 REPORTS OF COMMITTEES Damage To Vehicle. Department Of Transportation/Department Of Special Services: Account Number 300-99-2005-0934-0934. Name And Address Michael Ditusa 3515 North Ozark Avenue Chicago, Illinois 60634 Date And Location Ainount 8/21/03 3519 North Ozark Avenue $838.00 Damage To Vehicle. Department Of Fire. Account Number 100-99-2005-0934-0934. Name And Address Date And Location Terrance M. Corby and AMICA Mutual Insurance Company 2443 Warrenville Road Suite 200 Lisle, lUinois 60532 4/26/03 2000 North Clark Street Amount $1,136.00 Damage To Vehicle. Department Of Streets And Sanitation/Bureau Of Electricity: Account Number 100-99-2005-0934-0934. Name And Address David Mark Wozney 480 North McClurg Court Unit 406 Chicago, Illinois 60611 * To City of Chicago, Bureau of Parking. Date And Location Amount 5/11/03 3100 West Logan Boulevard $1,070.00 40.00* JOURNAL-CITY COUNCIL-CHICAGO 15772 12/17/2003 Damage To FYoperty. Department Of Streets And Sanitation/Bureau Of EquipmentAccount Number 300-99-2005-0934-0934. Name And Address Marietta L. Stanfa 5013 West Concord Place Chicago, Illinois 60639 Date And Location Amount 4/28/03 5013 West Concord Place $100.00 Damage To Vehicle. Department Of Streets And Sanitation/Bureau Of Equipment: Account Number 300-99-2005-0934-0934. Name And Address Peter A. Nasca 1424 West Grand Avenue Unit 3 Chicago, Illinois 60622 Date And Location 5/9/03 During towing Amount $597.00 Damage To Vehicle. Department Of Streets And Sanitation/Bureau Of Forestry: Account Number 100-99-2005-0934-0934. Name And Address Andres Garcia 7200 South Millard Avenue Chicago, Illinois 60629 Date And Location Amount 2/22/03 7433 North Clark Street $506.00 12/17/2003 REPORTS OF COMMITTEES 15773 Damage To FYoperty. Department Of Streets And Sanitation/Bureau Of Sanitation: Account Number 300-99-2005-0934-0934. Name And Address Date And Location Amount Charles Hearns 10353 South Wentworth Avenue Chicago, Illinois 60628 5/9/03 10353 South Wentworth Avenue $375.00 Joseph Quaglia 2618 West Chicago Avenue Unit 2R Chicago, Illinois 60622 5/2/03 2618 West Chicago Avenue 464.00 Damage To Vehicle. Department Of Streets And Sanitation/Bureau Of Sanitation: Account Number 300-99-2005-0934-0934. Name And Address Date And Location Steven Heaslet Abbey 3648 North Avers Avenue Chicago, Illinois 60618 12/25/02 3648 North Avers Avenue Roosevelt Bryant 6636 South Greenwood Avenue Apartment 2B Chicago, Illinois 60637 7/10/03 10400 South Torrence Avenue Nicole Pharel and American Recovery System Inc. 1699 Wall Street Suite 300 Mount Prospect, Illinois 60056 6/13/03 3358 West Argyle Street Amount $ 934.00 508.00 1,019.00 180.00 JOURNAL-CITY COUNCIL-GHICAGO 15774 12/17/2003 ; and Be It Further Ordered, That the Commissioner of Water is authorized to refund the amount due by the amount set opposite the neune of the claimant on account of underground leaks and to charge same to Account Number 200.87.2015.0952.0952: Name And Address Conrad J. Jakubow 3457 - 3459 North Milwaukee Avenue Chicago, Illinois 60641 Date And Location 3 / 1 2 / 0 3 to 5 / 7 / 0 3 3457 - 3459 North Milwaukee Avenue Amount $400.00 AUTHORIZATION FOR PAYMENT OF SUNDRY CLAIMS FOR CONDOMINIUM REFUSE REBATES. The Committee on Finance submitted the following report: CHICAGO, December 17, 2003. To the FYesident and Members of the City Council: Your Committee on Finance, having had under consideration an order authorizing the payment bf various condominium refuse rebate claims against the city, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed order transmitted herewith. 12/17/2003 REPORTS OF COMMITTEES 15775 This recommendation was concurred in by a viva voce vote of the members of the Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Chairman. On motion of Alderman Burke, the said proposed order transmitted with the foregoing committee report was Passed by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Muhoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Beavers moved to reconsider the foregoing vote. The motion was lost. The following is said order as passed: Ordered, That the City Comptroller is authorized and directed to pay the following named claimants the respective amounts set opposite their names, said amount to be paid in fuU as follows and charged to Account Number 100-99-2005-0939-0939: [List of claimants printed on page 15776 of this Journal] 15776 JOURNAL-CITY COUNCIL-CHICAGO A * 12/17/2003 **<»•-< •os•»«^•fa(noo<^•ln«^roe^)r'v^^.^v^3»tD • < * i » ' * n * * * < » - » * * < » o n < - * ' t ' » ' » - » * * * * ' t o r o r o * * > * * A A A •* *A * * Ul _l * :^ * A A E Ul >tDH H : l _l E 0 01 Z O C. tn a A A A A • A A Ul ta to o < CB n. 1 -CUJ 1 U to CJ Z E < UJ • H•HZ OE X u. o U Z _l O IH CJ U. 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G U m ^ S Mto OQWNSPOUTS AffS To BE *UlM)hUM. COPPER OR LEAD COAT«0 COPPER aoewesvi i T S C ' i T M w . etvCKSCT r & K i m i A T SJkTC occCMttca t « . I 12/17/2003 REPORTS OF COMMITTEES 15835 (Continued from page 15833) On motion of Alderman Mell, the said proposed resolution transmitted with the foregoing committee report was Adopted by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Muhoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, ShUler, Schulter, M. Smith, Moore - 48. Nays — None. Alderman Natarus moved to reconsider the foregoing vote. The motion was lost. The following is said resolution as adopted: WHEREAS, Under State law, the City Council may by ordinance or resolution initiate an advisory referendum on questions ofpublic policy (10 ILCS 5/28-6(b), 65 ILCS 5/3.1-40-60); and WHEREAS, These questions may be submitted to the voters ofall precincts within a ward; now, therefore. Be It Resolved, That pursuant to Section 28-6 ofthe Illinois Election Code (10 ILCS 5/28-6) and Section 3.1-40-60 ofthe Illinois Municipal Code (65 ILCS 5 / 3 . 1 40-60), the following questions are certified to the Chicago Board of Election Commissioners for submission to the voters ofall precincts within the 35'" Ward of the City of Chicago at the regularly scheduled election next occurring after the passage ofthis resolution: Shall the Alderman ofthe 35'" Ward support designation ofthe Logan Square Boulevard Historic District, including Logan Boulevard, Logan Square, Kedzie Boulevard, Palmer Square and Humboldt Boulevard, as a City of Chicago Landmark District? Yes No 15836 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 Shall the Alderman of the 35'" Ward support passage of the "Clean Indoor Air Ordinance", which would prohibit smoking in all enclosed pubUc places and workplaces within the City of Chicago? Yes No Shall the Alderman ofthe 35*" Ward support establishment of licensed casino gambling in the City of Chicago? Yes No ; and Be It Further Resolved, That a copy of this resolution shall be filed with the Chicago Board of Election Commissioners. COMMITTEE ON ECONOMIC, CAPITAL AND TECHNOLOGY DEVELOPMENT. APPROVAL FOR RENEWAL OF CLASS 6(b) TAX INCENTIVE BENEFITS FOR PROPERTY AT 2 8 4 5 WEST 48''" PLACE. The Committee on Economic, Capital and Technology Development submitted the following report: CHICAGO, December 17, 2003. To the President and Members of the City Council: 12/17/2003 REPORTS OF COMMITTEES 15837 Your Committee on Economic, Capital and Technology Development, having had under consideration a proposed resolution introduced by Alderman Burke (14*" Ward) authorizing the renewal of Class 6(b) tax incentives for the property located at 2845 West 48'" Place, pursuant to the Cook County Real Property Classification Ordinance, begs leave to recommend that Your Honorable Body Adopt said resolution which is transmitted herewith. This recommendation was concurred in by a viva voce vote of all Committee members present, with no dissenting votes. Respectfully submitted, (Signed) MARGARET LAURINO, Chairman. On motion of Alderman Laurino, the said proposed resolution transmitted with the foregoing committee report was Adopted by yeas and nays as follows: Yeas — Aldermen Flores, Haithcock, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugai, Troutman, Brookins, Muhoz, Zalewski, Chandler, Solis, Ocasio, Bumett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore — 48. Nays — None. Alderman Natarus moved to reconsider the foregoing vote. The motion was lost. The following is said resolution as adopted: WHEREAS, The Cook County Board of Commissioners has enacted the Cook County Real Property Assessment Classification Ordinance, as amended from time to time (the "Ordinance"), which provides for, among other things, real estate tax incentives to property owners who build, rehabilitate, enhance and occupy property which is located within Cook County and which is used primarily for industrial purposes; and WHEREAS, The City ofChicago (the "City"), consistent with the Ordinance, wishes to induce industiy to locate, expand and remain in the City by supporting financial 15838 JOURNAL-CITY COUNCIL-CHICAGO 12/17/2003 incentives in the form of property tax relief; and WHEREAS, Westem Piece Dyers Sc Finishers, Inc., a Delaware corporation (the "Applicant"), is the owner of certain real estate located generally at 2845 West 48'" Place, Chicago, Illinois 60632 as further described on (Sub)Exhibit A hereto (the "Subject Property") and of a manufacturing facility thereon; and WHEREAS, On May 19, 1993, the City CouncU of the City enacted a resolution supporting and consenting to the Class 6(b) classification of the Subject Property by the Office ofthe Assessor of Cook County (the "Assessor"); and WHEREAS, The Assessor granted the Class 6(b) tax incentive in connection with the Subject Property in 1995; and WHEREAS, The Subject Property continues to qualify as Class 6(b) real estate as defined in the Ordinance; and WHEREAS, The Applicant intends to file an application for renewal of the Class 6(b) classification with the Assessor pursuant to the Ordinance; and WHEREAS, The Ordinance requires that, in connection with the filing of a Class 6(b) renewal application with the Assessor, an applicant must obtain from the municipality in which such real estate is located a resolution expressly stating that the municipality has determined that the industrial use ofthe property is necessary and beneficial to the local economy and that the municipality supports and consents to the renewal ofthe Class 6(b) classification; now, therefore. Be It Resolved by the City Council of the City of Chicago: SECTION 1. That the City determines that the industrial use of the Subject Property is necessary and beneficial to the local economy in which the Subject Property is located. SECTION 2. That the City supports and consents to the renewal ofthe Class 6(b) classification with respect to the Subject Property. SECTION 3. That the Clerk ofthe City ofChicago is authorized to and shall send a certified copy of this resolution to the Office of the Cook County Assessor, Room 312, County Building, Chicago, Illinois 60602 and a certified copy ofthis resolution shall be included with the Class 6(b) renewal application filed with the Assessor by the Applicant, as applicant, in accordance with the Ordinance. SECTION 4. That this resolution shall be effective immediately upon its passage and approval, or as otherwise provided by law. 12/17/2003 REPORTS OF COMMITTEES 15839 Exhibit "A" referred to in this resolution reads as follows: Exhibit "A' Legal Description. Permanent Index Number: 19-12-101-034-0000: The north 158 feet ofthat part ofthe northwest quarter ofSection 12, Township 38 North, Range 13 East ofthe Third Principal Meridian, Ijang south ofthe south line of West 48'" Place and Ijang west of a line, drawn at right angles to said south line at a point 345 feet west of the east line of said northwest quarter and east of a line which is 488 feet west of and parallel to said right angle line. Permanent Index Number: 19-12-101-052-0000: That part of the northeast quarter of the northwest quarter of Section 12, Township 38 North, Range 13 East of the Third Principal Meridian in Cook County, Illinois described as follows: beginning at the intersection of the west line of South Richmond Street and the south line of West 48'" Place, being 1,032.0 feet west ofthe east line and 317.0 feet north ofthe south line of said quarter section; thence due east on said south line of West 48'" Place, being 317.0 feet north of and parallel with said south line of said quarter section a distance of 199.0 feet to a point that is 833.0 feet west ofthe said east line of said northwest quarter; thence due south, at right angles to the last course, a distance of 152.15 feet; thence south 88 degrees, 43 minutes, 10 seconds west, a distance of 290.07 feet; thence due north a distance of 215.98 feet to a point in the southeasterly line of the Chicago River and Indiana Railroad Company, said line being 31.0 feet southeasterly of and parallel to the northwesterly line thereof, said northwesterly line described in Document Number 8396743, recorded May 2,1924; thence north 69 degrees, 30 minutes, 00 seconds east along said line, a distance of 97.29 feet to the aforesaid west line of South Richmond Street, being 1,032.0 feet west of and parallel with the said east line of said northwest quarter; thence south 00 degrees, 05 minutes, 00 seconds west on said line, a distance of 91.42 feet to the point of beginning. Continued in Volume II on page 15840 i