OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL MAYOR
January 21, 2015
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request of the Commissioner of Planning and Development, I transmit herewith ordinances authorizing the execution of intergovernmental agreements for TIF assistance with the Chicago Transit Authority.
Your favorable consideration of these ordinances will be appreciated.
Mayor
Very truly yours,
ORDINANCE
WHEREAS, the City of Chicago (the "City") is a home rule unit of government as described in Section 6(a), Article VII of the 1970 Constitution of the State of Illinois, and
WHEREAS, the Chicago Transit Authority (the "CTA") is a municipal corporation of the State of Illinois; and
WHEREAS, the City is authorized, under the provisions of the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq., as amended (the "Act"), to finance projects that eradicate blight conditions and conservation factors that could lead to blight through the use of tax increment allocation financing for redevelopment projects; and
WHEREAS, in accordance with the provisions ofthe Act, and pursuant to three ordinances adopted on September 9, 1998, an amending ordinance adopted on March 10, 1999, and an amending ordinance adopted on September 29, 1999, the City Council of the City (the "City Council"): (i) approved a certain redevelopment plan and project (as amended, the "Jefferson Park Plan") for the Jefferson Park Business District Redevelopment Project Area (as amended, the "Jefferson Park Area") within the City; (ii) designated the Jefferson Park Area as a redevelopment project area; and (iii) adopted tax increment allocation financing (the "Jefferson Park TIF Adoption Ordinance") for the Jefferson Park Area; and
WHEREAS, in accordance with the provisions ofthe Act, and pursuant to three ordinances adopted on September 9, 1998, the City Council: (i) approved a certain redevelopment plan and project ("Portage Park Plan") for the Portage Park Redevelopment Project Area ("Portage Park Area") within the City; (ii) designated the Portage Park Area as a redevelopment project area; and (iii) adopted tax increment allocation financing (the "Portage Park TIF Adoption Ordinance") for the Portage Park Area; and
WHEREAS, under the Act, the Jefferson Park TIF Adoption Ordinance and the Portage
Park TIF Adoption Ordinance, certain taxes are allocated and, when collected, are paid to the Treasurer of the City for deposit by the Treasurer into the respective Jefferson Park TIF Fund (as defined in the Jefferson Park TIF Adoption Ordinance) and the Portage Park TIF Fund (as defined in the Portage Park TIF Adoption Ordinance) (collectively, the "TIF Funds") established to pay redevelopment project costs incurred within the respective Jefferson Park Area and Portage Park Area (collectively, the "Areas"), which taxes may be used to pay all or a portion of the costs of construction of public improvements within the Areas that are incurred or that are to be incurred in furtherance of the objectives of the Jefferson Park Plan and the Portage Park Plan (together referred to as the "Plans"), to the extent the municipality by written agreement accepts and approves such costs, and
WHEREAS, pursuant to the Plans, the City may utilize revenues received under the Act from redevelopment project areas that are contiguous to, or separated by a public right of way from, the Areas to pay eligible redevelopment project costs; and
WHEREAS, the Jefferson Park Area is contiguous to or separated by a public right of way from the Portage Park Area and the City anticipates using funds from both Areas in furtherance of the project described herein and
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WHEREAS, pursuant to that certain Agreement for the Operation and Maintenance of the Kennedy Rapid Transit Facility entered into by the City and the CTA on June 26, 1968 and that certain Agreement for the Operation and Maintenance ofthe O'Hare Rapid Transit Extension entered into by the City and the CTA on June 20, 1991 (collectively, the "O&M Agreements"), the City owns the Jefferson Park Station on the Blue Line and, pursuant to the O&M Agreements, the City delivered possession of the Jefferson Park Station to the CTA, and the CTA, at its own expense, is required to keep in repair, protect, light and replace all portions ofthe Jefferson Park Station; and
WHEREAS, the CTA proposes to undertake the rehabilitation ofthe Jefferson Park Station (the "Project"), which Project is located within the Jefferson Park Area and adjacent to the Portage Park Area; and
WHEREAS, the CTA has requested tax increment allocation financing funds assistance (the "City Contribution") from the City's Department of Planning and Development ("DPD") to support portions ofthe cost ofthe Project, and the City desires to provide such assistance; and
WHEREAS, the parties propose to enter into an intergovernmental agreement ("Agreement") authorizing and setting conditions on providing the City Contribution for the Project; and
WHEREAS, the parties propose to enter into the Agreement under the provisions of the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; and
WHEREAS, on November 19, 2014, the Chicago Transit Board enacted an ordinance authorizing the CTA to enter into the Agreement; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The above recitals are incorporated by reference as if fully set forth herein.
SECTION 2. Subject to the approval of the Corporation Counsel as to form and legality, the Commissioner of DPD ("Commissioner") or his or her designee is hereby authorized to execute and deliver the Agreement with the CTA in substantially the form attached hereto as Exhibit A, with such changes therein as the Commissioner may approve, provided that such changes do not amend any essential terms of the Agreement (execution of the Agreement by the Commissioner or his or her designee constituting conclusive evidence of such approval), and to enter into and execute all such other agreements and instruments and to perform any and all acts as shall be necessary or advisable in connection with the implementation of the Agreement
SECTION 3. To the extent that any ordinance, resolution, rule, order or provision of the Municipal Code of Chicago, or part thereof, is in conflict with the provisions of this ordinance, the provisions of this ordinance shall control If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this ordinance
SECTION 4. This ordinance shall be in full force and effect from and after the date of its passage and approval
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EXHIBIT A
Agreement
[see attached]
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INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF CHICAGO AND CHICAGO TRANSIT AUTHORITY FOR TAX INCREMENT FINANCING FOR THE CTA BLUE LINE JEFFERSON PARK STATION PROJECT
This Intergovernmental Agreement (the "Agreement") is entered into as of ,
2015 (the "Closing Date") by and between the City of Chicago, a municipal corporation (the "City"), acting through its Department of Planning and Development ("DPD"), and the Chicago Transit Authority ("CTA"), an Illinois municipal corporation duly organized and existing under the laws of the State of Illinois.
WHEREAS, the City is a home rule unit of government under Article VII, Section 6(a) of the 1970 Constitution ofthe State of Illinois and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the City is authorized, under the provisions ofthe Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq., as amended (the "Act"), to finance projects that eradicate blight conditions and conservation factors that could lead to blight through the use of tax increment allocation financing for redevelopment projects; and
WHEREAS, pursuant to three ordinances adopted on September 9, 1998, an amending ordinance adopted on March 10, 1999, and an amending ordinance adopted on September 29, 1999, the City Council ofthe City (the "City Council"): (i) approved a certain redevelopment plan and project (as amended, the "Jefferson Park Plan") for the Jefferson Park Business District Redevelopment Project Area (as amended, the "Jefferson Park Area") within the City; (ii) designated the Jefferson Park Area as a redevelopment project area; and (iii) adopted tax increment allocation financing ("the Jefferson Park TIF Adoption Ordinance") for the Jefferson Park Area; and
WHEREAS, pursuant to three ordinances adopted on September 9. 1998, the City Council (i) approved a certain redevelopment plan and project ("Portage Park Plan") for the Portage Park Redevelopment Project Area ("Portage Park Area") within the City, (ii) designated the Portage Park Area as a redevelopment project area; and (iii) adopted tax increment allocation financing (the "Portage Park TIF Adoption Ordinance") for the Portage Park Area, and
WHEREAS, under the Act, the Jefferson Park TIF Adoption Ordinance and the Portage Park TIF Adoption Ordinance, certain taxes are allocated and, when collected, are paid to the Treasurer of the City for deposit by the Treasurer into the respective Jefferson Park TIF Fund and the Portage Park TIF Fund (together referred to as "TIF Funds") established to pay redevelopment project costs incurred within the respective Jefferson Park Area and Portage Park Area (together, the "Areas"), which taxes may be used to pay all or a portion of the costs of construction of public improvements within the Areas that are incurred or that are to be incurred in furtherance of the objectives of the Jefferson Park Plan and the Portage Park Plan (together referred to as the "Plans"), to the extent the municipality by written agreement accepts and approves such costs, and
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WHEREAS, pursuant to the Plans, certain TIF-funded City programs and redevelopment agreements have been established by the City Council of the City as of the Closing Date, which programs and agreements pledge portions of TIF funds (collectively, the "Prior Obligations"); and
WHEREAS, pursuant to the Plans, the City may utilize revenues received under the Act from redevelopment project areas that are contiguous to, or separated by a public right of way from, another redevelopment project area, to pay eligible redevelopment project costs, and
WHEREAS, the Jefferson Park Area is contiguous to or separated by a public right of way from the Portage Park Area (together referred to as the "Areas") and the City anticipates using funds from both Areas in furtherance of the project described herein; and
WHEREAS, pursuant to that certain Agreement for the Operation and Maintenance of the Kennedy Rapid Transit Facility entered into by the City and the CTA on June 26, 1968 and that certain Agreement for the Operation and Maintenance of the O'Hare Rapid Transit Extension entered into by the City and the CTA on June 20, 1991 (collectively, the "O&M Agreements"), the City owns the Jefferson Park Station on the Blue Line and, pursuant to the O&M Agreements, the City delivered possession of the Jefferson Park Station to the CTA, and the CTA, at its own expense, is required to keep in repair, protect, light and replace all portions of the Jefferson Park Station; and
WHEREAS, the CTA proposes to undertake the renovation ofthe Jefferson Park Station (the "Project") on the Blue Line, which project is located within the Jefferson Park Area and adjacent to the Portage Park Area, and which is described in more detail in Exhibit A, incorporated and attached hereto; and
WHEREAS, the budget for the Project is approximately $25,000,000 from various funding sources including federal, state, CTA and City funds, of which the City, in aggregate, will pay not more than $5,000,000 from Available Incremental Taxes (as defined below) or from any other source of funds available to and selected by the City ("City Funds"), and
WHEREAS, the Project is the type of public improvement that is contemplated by the Jefferson Park Plan, and therefore the costs of the Project ("Project Costs") qualify as "Redevelopment Project Costs' under the Plan, as defined in Section 5/11-74 4-3(q) of the Act: and
WHEREAS, the City and the CTA wish to enter into this Agreement; and
WHEREAS, the City and the CTA have authority to enter into this Agreement pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq , and
WHEREAS, on , the City Council adopted an ordinance (the "Authorizing
Ordinance") authorizing the execution of this Agreement, and
WHEREAS, on November 19, 2014. the Chicago Transit Board passed an ordinance (the "CTA Ordinance") authorizing the execution of this Agreement,
NOW, THEREFORE, in consideration ofthe mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows.
SECTION 1. RECITALS
The foregoing recitals are hereby incorporated into this Agreement by reference. SECTION 2. [intentionally omitted] SECTION 3. THE PROJECT
- The parties acknowledge that the Project shall begin in 2015 and shall be completed and the Jefferson Park Station fully open and operational not later than June 30, 2021.
- The CTA shall provide the City any plans and specifications pertaining to the Project that the City may reasonably request from time to time during the Term (as such term is defined hereinbelow) of this Agreement, and shall notify DPD of any significant changes to said plans.
- The CTA hereby certifies that, as of the Closing Date, the Project complied with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, codes and executive orders. The CTA covenants that, during the Term of the Agreement, the Project will continue to comply with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, codes and executive orders.
- The CTA hereby certifies to the City that the City Funds, together with available CTA funds, shall be sufficient to complete the Project.
SECTION 4. FINANCING
- CTA funds shall be used to pay all Project Costs
- City Funds shall be used only to reimburse the CTA for its costs of a portion of TIF-Eligible Improvements that qualify as Project Costs, contingent upon receipt by the City of documentation satisfactory in form and substance to DPD evidencing such costs "TIF-Eligible Improvements" means those improvements of the Project which (i) qualify as Redevelopment Project Costs as defined in the Act, (ii) are eligible costs under the Plans, and (in) the City has agreed to pay for out of the City Funds, subject to the terms of this Agreement The City agrees that Exhibit A hereto represents certain TIF-Eligible Improvements for the Project and sets forth, by approximate line item amounts, the minimum amount of TIF-Eligible Improvements the CTA plans to expend for the Project The CTA may implement changes to the Project that cause variations in the line item amounts shown on Exhibit A, provided that all the changes qualify as TIF-Eligible Improvements
- Subject to the terms and conditions of this Agreement, the City shall pay to the CTA an amount not to exceed $5,000,000 in City Funds from Available Incremental Taxes (of which
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the City may port not to exceed $3,000,000 thereof from the Portage Park TIF Fund to the Jefferson Park TIF Fund) to pay the Project Costs. If the actual Project Costs total less than $5,000,000, then the maximum the City shall be liable for under this Agreement is 100% of those Project Costs that constitute TIF-Eligible Improvements. If the actual Project Costs exceed $5,000,000, then the CTA shall be solely responsible for such excess costs.
- "Available Incremental Taxes" means such taxes which, pursuant to the TIF Adoption Ordinance and Section 5/11-74.4-8(b) of the Act, are allocated to and when collected are paid to the Treasurer ofthe City of Chicago for deposit by the Treasurer into the Jefferson Park TIF Fund established to pay Redevelopment Project Costs and obligations incurred in the payment thereof, and which are not encumbered or pledged for the payment of Prior Obligations.
- The City warrants that it has available and has segregated on the books of the City an amount of Available Incremental Taxes sufficient to pay the City Funds, and covenants that the Available Incremental Taxes will not be used for any purpose other than for payment as City Funds during the Term of this Agreement.
- The City Funds being provided hereunder are being granted on a conditional basis, subject to the CTA's compliance with the provisions of this Agreement.
- Only those expenditures made by CTA with respect to the Project prior to the Closing Date hereof, evidenced by documentation satisfactory to DPD and approved by DPD as satisfying costs covered in the budget for the Project, shall be considered as previously contributed CTA funds ("Prior Expenditures"). Exhibit C hereto sets forth the prior expenditures approved by DPD as of the date hereof as Prior Expenditures.
SECTION 5. PAYMENT
- Commencing not sooner than April 1, 2017, the CTA shall request the payment of the City Funds on a properly completed Disbursement Requisition Form in the form set forth on Exhibit B hereto ("Disbursement Request"), which the CTA may file with the City on a twice-yearly basis (e.g , approximately every six months) following incurrence of Redevelopment Project Costs. Prior to or simultaneous with the delivery of a Disbursement Request to the City, the CTA shall submit documentation substantiating its applicable incurrence of Redevelopment Project Costs (including TIF-Eligible Improvements) to DPD
- Delivery by the CTA to DPD of a Disbursement Request hereunder shall, in addition to the items expressly set forth therein, constitute a certification to the City, as of the date of the Disbursement Request, that
- the total amount of the Disbursement Request represents the actual amount already incurred and paid by the CTA to the general contractor(s), subcontractors or other parties who have performed work on or otherwise provided goods or services in connection with the Project.
- the CTA has approved all work and materials for the Disbursement Request, and
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(iii) the work that is the subject of the Disbursement Request was performed in accordance with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, codes and executive orders at the time of its completion.
- Upon presentation of a Disbursement Request from the CTA, the City shall review it and its supplemental documentation for, among other things, evidence that the CTA incurred and paid TIF-Eligible Expenditures in an amount that equals or exceeds the amount of City Funds agreed to herein, and shall inform the CTA of any questions or comments about same as soon as practicable.
- The City shall complete its review ofthe Disbursement Request and approve and pay CTA the approved amount of the City Funds by check or wire transfer, not later than 90 days after the city receives the Disbursement Request from CTA.
SECTION 6. TERM
The term of this Agreement (Term") shall commence on the Closing Date and shall expire on the earlier of the date of expiration of the Jefferson Park Area (September 9, 2021) or on any termination of this Agreement made pursuant to the terms of this Agreement.
SECTION 7. ENVIRONMENTAL MATTERS; SAFETY; INSPECTION
- The City makes no covenant, representation or warranty as to the environmental condition of the Project or the suitability of the Project for any public rapid transit use whatsoever
- The CTA shall be solely responsible for the safety and protection of the public in connection with the Project.
- The City reserves the right to inspect the Project from time to time as it is being undertaken or after its completion
SECTION 8. INSURANCE
- The CTA is self-insured During the term of this Agreement, the CTA shall provide and maintain, at the CTA's own expense, or cause to be provided, insurance or self-insurance equivalent to the coverages and requirements specified below concerning all operations related to this Agreement.
- Workers Compensation and Employers Liability Workers Compensation 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
- Commercial General Liability (Primary and Umbrella) Commercial General Liability Insurance or equivalent self-insurance with limits of not less than S1,000,000 per occurrence for
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bodily injury, personal injury, and property damage liability. Coverages shall include the following: All premises and operations, products/completed operations, explosion, collapse, underground, separation of insureds, defense, and contractual liability. The City of Chicago will be considered an additional insured on a primary, non-contributory basis for any liability arising directly from the work. For those contracts already let or for work already performed prior to the Closing Date, the CTA shall recognize the City of Chicago as an additional insured on a primary, non-contributory basis for any liability arising directly from such work.
- Automobile Liability (Primary and Umbrella). When any motor vehicles (owned, non-owned and hired) are used in connection with work to be performed, the CTA shall provide self-insured Automobile Liability coverage with limits of not less than $1,000,000 per occurrence for bodily injury and property damage.
- Professional Liability. When any architects, engineers or professional consultants engaged by the CTA perform work in connection with this Agreement, the CTA shall provide self-insured Professional Liability covering acts, errors, or omissions with limits of not less than $1,000,000.
- Prior to the Closing Date, the CTA will furnish the City a letter of self insurance evidencing the required coverage to be in force on the Closing Date. After the Closing Date, the CTA will furnish the City similar evidence if the coverages change from self-insurance to purchased insurance during the term of this Agreement and prior to the completion of the Project. The receipt of any self-insurance does not constitute agreement by the City that the insurance requirements in this Agreement have been fully met or that the self-insurance is in compliance with all Agreement requirements.
- Non-conforming self-insurance shall not relieve the CTA of the obligation to provide or cause to be provided insurance as specified herein. Nonfulfillment of the insurance
conditions may constitute a violation of this Agreement, and the City retains the right to stop the CTA's work until proper evidence of insurance is provided, or this Agreement may be terminated
- The required general liability self-insurance shall provide for sixty (60) days prior written notice to be given to the City or the CTA in the event coverage is substantially changed, canceled, or non-renewed The CTA shall promptly notify the City in the event the CTA receives any such notice.
(i) Any and all self-insured retentions on referenced insurance coverages shall be borne
by the CTA and its contractors
(j) The CTA shall waive its rights of subrogation against the City, its employees, elected officials, agents, or representatives
(k) The CTA expressly understands and agrees that any coverage and limits furnished by the CTA shall in no way limit the CTA's liabilities and responsibilities specified by this Agreement or by law
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(I) The CTA expressly understands and agrees that any insurance or self insurance programs maintained by the City shall not contribute with insurance provided by the CTA under this Agreement.
(m) The required self-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.
(n) The CTA shall require all contractors for the Project to provide the insurance required herein or the CTA may provide the coverages for contractors. All contractors shall be subject to the same insurance requirements as is the CTA unless otherwise specified herein. In all contracts relating to the Project that are let after the Closing Date, the CTA agrees to require the contractor to name the City as an additional insured on insurance coverages as provided above and to require the contractor to indemnify the City from all claims, damages, demands, losses, suits, actions, judgments and expenses including but not limited to attorney's fees arising out of or resulting from work on the Project by the contractor or contractor's suppliers, employees, or agents.
SECTION 9. EMPLOYMENT OBLIGATIONS
9.01 Employment Opportunity. CTA, on behalf of itself and its successors and assigns, hereby agrees, and shall contractually obligate its general contractors, subcontractors or any Affiliate of the CTA operating in connection with the Project (collectively, with CTA, the "Employers" and individually an "Employer") to agree, that for the Term of this Agreement with respect to CTA and during the period of any other party's provision of services to CTA in connection with the construction of the Project, to the extent not in conflict with CTA's procurement requirements or applicable federal and state law:
(a) No Employer shall discriminate against any employee or applicant for employment based upon race, religion, color, sex, national origin or ancestry, age, handicap or disability, sexual orientation, military discharge status, marital status, parental status or source of income as defined in the City of Chicago Human Rights Ordinance, Chapter 2-160, Section 2-160-010 et seq , Municipal Code, except as otherwise provided by said ordinance and as amended from time to time ("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 nondiscriminatory manner with regard to all job-related matters, including without limitation employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Each Employer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause In addition, the Employers, in all solicitations or advertisements for employees, shall state that all qualified applicants shall receive consideration for employment without discrimination based upon race religion color, sex. national origin or ancestry, age, handicap or disability sexual orientation, military discharge status marital status, parental status or source of income
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- As required by 49 U.S.C. 5332 (which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity), by Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, and by U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs ofthe Department of Transportation-Effectuation of Title VI of the Civil Rights Act," 49 CFR part 21 at 21.7, the Employer ensures that it will comply with all requirements imposed by or issued pursuant to 49 U.S.C 5332, 42 U.S.C. 2000d, and 49 CFR part 21, so that no person in the United States, on the basis of race, color, national origin, creed, sex, or age will be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in any program or activity (particularly in the level and quality of transportation services and transportation-related benefits) for which the Employer receives Federal assistance awarded by the U.S. DOT or FTA.
- Each Employer shall comply with all federal, state and local equal employment and affirmative action statutes, rules 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 seq., and any subsequent amendments and regulations promulgated thereto.
- Each Employer, in order to demonstrate compliance with the terms of this Section, shall cooperate with and promptly and accurately respond to inquiries by the City, which has the responsibility to observe and report compliance with equal employment opportunity regulations of federal, state and municipal agencies.
- 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 undertaking any portion of the Project, so that each such provision shall be binding upon each contractor, subcontractor or Affiliate, as the case may be.
- Construction Worker Hours To the extent that the Project is funded in whole or in part with federal grant dollars, the CTA will implement affirmative action requirements or goals for the entire Project that impose construction worker hours participation by utilization of minorities and women, respectively
- [intentionally omitted.]
- CTA's DBE Commitment. The CTA agrees to require all contractors to comply with applicable DBE requirements provided in the contracts related to the Project
SECTION 10. INDEMNIFICATION
Except for the City's own negligence or wrongful acts the CTA shall release indemnify and hold harmless, to the maximum extent permitted by iaw the City and its officials, employees and agents (the "City Indemnitees") from and against any and all claims, suits, liabilities, losses and damages, including court costs and attorneys' fees and expenses incidental thereto, of whatever nature, arising out of or in connection with the CTA's construction
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of the Project, and any failure of performance or negligent or wrongful performance by the CTA, or any contractor or subcontractor for the CTA, and their respective officers, agents or employees, in connection with the Project, including, but not limited to, claims for damage to property, and/or injury to or death of any person or persons.
SECTION 11. NOTICES
- All notices and demands by the CTA to the City shall be in writing and shall be delivered personally or sent by United States mail or reputable overnight or same day courier service, postage prepaid, addressed to the City as specified below, or to such other address as the City may from time to time designate by notice to the CTA hereunder:
To the City: City of Chicago
Department of Planning and Development
Attention: Commissioner
City Hall, Room 1000
121 N. LaSalle Street
Chicago, Illinois 60602
(312) 744-9476
(312) 744-2271 (Fax)
With copies to: City of Chicago
Department of Law
Attention: Finance and Economic Development Division
City Hall, Room 600
121 N. LaSalle Street
Chicago, Illinois 60602
(312) 744-0200
(312) 744-8538 (Fax)
- All notices and demands by the City to the CTA shall be in writing and shall be delivered personally or sent by United States mail or reputable overnight or same day courier service, postage prepaid, addressed to the CTA as specified below, or to such other address as the CTA may from time to time designate by notice to the City hereunder
To the CTA: President
Chicago Transit Authority 567 W Lake Street Chicago, IL 60661 (312) 681-5000 (312)681-5005(Fax)
With copies to- General Counsel
Chicago Transit Authority 567 W Lake Street Chicago. IL 60661 (312) 681-2900
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SECTION 12. GENERAL PROVISIONS
- This Agreement constitutes the entire understanding of the parties with respect to the Project and the payment of the City Funds, and no representations or promises have been made that are not fully set forth herein. The parties understand and agree that no modification of this Agreement shall be binding unless duly accepted and executed by both parties in writing.
- This Agreement will be governed in all respects in accordance with the laws of the State of Illinois. A court located in Chicago, Illinois, will hear any disputes which arise hereunder.
- Any headings of this Agreement are for convenience of reference only and do not define or limit the provisions of this Agreement. Words of any gender will be deemed and construed to include correlative words of the other genders. Words importing the singular number shall include the plural number and vice versa, unless the context shall otherwise indicate. All references to any exhibit or document will be deemed to include all supplements and/or amendments to any such exhibits or documents entered into in accordance with the terms hereof and thereof. All references to any person or entity will be deemed to include any person or entity succeeding to the rights, duties, and obligations of such person or entity in accordance with the terms of this Agreement.
- The invalidity of any one or more phrases, sentences, clauses, or sections contained in this Agreement shall not affect the remaining portions of this Agreement or any part hereof.
- This Agreement may be executed in one or more counterparts, and all such counterparts will constitute one and the same Agreement.
[the remainder of this page is intentionally blank]
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IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agreement, through their duly authorized representatives, as of the date set forth at the beginning of this Agreement.
CITY OF CHICAGO, a municipal corporation, through its Department of Planning and Development
Andrew J. Mooney, Commissioner
CHICAGO TRANSIT AUTHORITY, a municipal corporation
Terry Peterson, Chairman
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Exhibit A
PROJECT DESCRIPTION
Jefferson Park Station Capital Improvement Project Summary
The CTA Jefferson Park Station is located on the Blue Line, O'Hare Branch. The scope of work will cover improvements at the Station's bus turn-around.
Improvements will include:
- Replacement of entry canopy with design that highlights station house entrance and provides connection to community
- Replacement of lighting with new LED lighting at key areas within the turnaround
- Revised turnaround layout to reflect current and future bus berthing and pedestrian requirements
- Replacement of paving
PROJECT BUDGET
The total Project cost is $25,000,000. The preliminary Project budget is as follows:
- Professional Service Costs: $5,600,000
- Construction Costs: $16,000,000
- Other Costs: $3,400,000
The CTA will receive a not to exceed amount of $5,000,000 in City Funds for TIF-eligible Project work performed within the Jefferson Park TIF Area
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Exhibit B
Disbursement Requisition Form
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
The Chicago Transit Authority (the "CTA"), hereby certifies that with respect to that
certain Blue Line Jefferson Park Station Intergovernmental Agreement between the CTA and
the City of Chicago dated as of 2015 (the "Agreement"):
- Expenditures (final cost) for the Project have been made in the total amount of:
$
- This paragraph B sets forth and is a true and complete statement of all costs of TIF-Eligible Improvements for the Project expended by the CTA and reimbursed by the City to date:
$ [$0.001
- The CTA requests reimbursement for the following costs of TIF-Eligible Improvements:
$
D None of the costs referenced in paragraph C above has previously been reimbursed by the City
E The CTA hereby certifies to the City that, as of the date hereof
- the total amount of the disbursement request herein represents the actual amount already expended by the CTA for its own work or paid by the CTA to the general contractor(s), subcontractors or other parties who have performed work on or otherwise provided goods or services in connection with the Project,
- the CTA has approved all work and materials for the disbursement request;
(in) the work that is the subject of the disbursement request herein was performed in accordance with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, codes and executive orders at the time of its completion, and
(iv) the representations and warranties contained in the Agreement are true and correct and the CTA is in compliance with all applicable covenants contained therein
All capitalized terms which are not defined herein have the meanings given such terms in the Agreement.
Chicago Transit Authority, an Illinois municipal corporation
By:.
Name Title:
Subscribed and sworn before me this day of.
My commission expires:
Agreed and accepted:
City of Chicago, by and through its Department of Planning and Development
Andrew J Mooney, Commissioner Date
Exhibit C Prior CTA Expenditures
None