This record contains private information, which has been redacted from public viewing.
Record #: SO2013-4974   
Type: Ordinance Status: Passed
Intro date: 6/26/2013 Current Controlling Legislative Body: Committee on Transportation and Public Way
Final action: 10/16/2013
Title: Public way easement agreement with MB Financial Bank N.A.for pedestrian overpass at 2400-2410 and 2444 W Lawrence Ave
Sponsors: Pawar, Ameya
Topic: AGREEMENTS - Easement
Attachments: 1. O2013-4974.pdf, 2. SO2013-4974.pdf
SUBSTITUTE ORDINANCE FOR LONG TERM EASEMENT
 
WHEREAS, The City of Chicago ("City") is a home rule unit of government by virtue of the provisions of the Constitution of the State of Illinois of 1970 and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
 
WHEREAS, the City Council of the City of Chicago, after due investigation and consideration, has determined that the nature and extent of the public use and the public interest to be subserved is such as to warrant a long term easement for an existing pedestrian overpass over the public alley described in the following ordinance; now therefore,
 
WHEREAS, MB Financial Bank N.A. ("Grantee") is the owner of the properties commonly identified as 2400-2410 and 2414 W. Lawrence; and
 
WHEREAS, Grantee owns an existing pedestrian overpass (the "Pedestrian Overpass') to bridge the public right of way between adjacent properties owned by the Grantee; and
 
WHEREAS, the Pedestrian Overpass was previously permitted under the Use of the Public Way Program by the Department of Business Affairs and Consumer Protection, but is now not being handled by that program; and
 
WHEREAS, Grantee has expended a substantial sum in constructing the Pedestrian Overpass, and related construction, in order to facilitate the interconnection between its buildings; and
 
WHEREAS, the Pedestrian Overpass will require the use of the public right-of-way, specifically the limited air rights above the grade of the alley, as more fully described on the Plat of Easement attached hereto and make a part hereof as Exhibit A; and
WHEREAS, the Department of Transportation has determined that the Pedestrian Overpass will not interfere with the City's traffic infrastructure and will benefit the business; and
 
WHEREAS, the City is willing to grant Grantee an easement on the same terms and conditions set forth in the Public Way Easement Agreement (the "Public Way Easement Agreement") attached hereto and incorporated herein as Exhibit B; now, therefore,
 
Be it Ordained by the City Council of the City of Chicago;
 
SECTION 1. The foregoing recitals are hereby incorporated herein and adopted as the findings of the City Council.
 
SECTION 2. The Commissioner of the Department of Transportation (the "Commissioner") or a designee of the Commissioner is each hereby authorized, along with the approval of the City's Corporation Counsel as to form and legality, to execute and deliver the Public Way Easement Agreement between Grantee and the City, in the
 
form attached thereto as Exhibit B and made a part hereof, and such other supporting documents as may be necessary or appropriate to carry out and comply with the provisions of the Public Way Easement Agreement.
 
SECTION 3. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance.
 
SECTION 4. The vacation herein provided for is made upon the express condition that within 180 days after the passage of this ordinance, Grantee shall pay or cause to be paid to the City of Chicago as compensation for the benefits which will accrue to the owner of the property abutting said part of the public alley hereby bridged
the sum of      dollars ($      ), which
sum in the judgment of this body will be equal to such benefits.
 
SECTION 5. The Public Way Easement Agreement herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, MB Financial N.A. shall file or cause to be filed for recording in the Office of the Recorder of Deeds of Cook County, Illinois a copy of the Public Way Easement Agreement, together with its accompanying Plat of Easement as approved by the Department of Transportation's Superintendent of Maps and Plats; as well as a separately recorded oversized and legible copy of the same Plat of Easement for greater clarity.
SECTION 6. This ordinance shall take effect upon its passage and need not be recorded. The Public Way Easement Agreement will take effect upon recording.
 
 
 
 
 
 
 
 
Approved as to form and legality:
 
 
insel
Richard Wendy Dejauty-eorporatlor
 
EXHIBIT "A-
 
GRAPHIC SCALE
Plat of Easement
That part of the 16-foot Public Alley lying between the east line of lot 19 and the west line of lots 20, 21, 22 and 23 of Steinbeiss' Subdivision of lots 27, 28 and 29 in "Bowmanville", a Subdivision in the Southeast Quarter of Section 12, Township 40 North, Range 13, East of the Third Principal Meridian, described as follows: Commencing at the southwest comer of said lot
  1. in Steinbeiss" Subdivision; thence North 00* 52' 18" West along the west line of said lots 20.
  2. and 22 of Steinbeiss' Subdivision, being also the east line of said 16-foot Public Alley, 66.27 feet to the Point Or Beginning; thence South 89* 07' 42" West, 16.00 feet to the cast line of said lot 19 in Stetbciss' Subdivision, being also the west line of said 16-foot Public Alley; thence North 00" 52' 18" West, along the last described line, 8.00 feet thence North 89* QT 42" East, 16.00 feet to the west line of said lot 22 in Steinbeiss' Subdivision and the east line of said 16-foot Public alley; thence South 00* 52' 18" East, 8.00 feet along the last described line to the Point of Beginning, lying above a horizontal plane that is 31.56 feet above Chicago City Datum and lying below a horizontal plane that is 43.49 feet above Chicago City Datum, in Cook County, Illinois.
Area of Property = 128 Sq. Ft., MORE OR LESS.
 
TLi      unurr pole
a      electric meter
•      BUMPER POST
            UIOERLY1NG LOT UNES
- -      AERIAL WRES
            9UIL0IMC OVERHEAD
 
BUILDING HATCH
 
 
BELOW GROUND HATCH
'///
 
EASEliENr HEREBY GRANTED
 
-ft, 4t
W. GUNNISON STREET
 
 
ELEVATION VIEW LOOKING NORTH NOT TO SCALE
BENCHMARK #318
ELEVATION    = 15.629 CITY OF CHICAGO DAUTM
LOCATION: LELAND AVENUE & WEST OF I WESTERN AVENUE 11.1 FEET NORTH OF THE I SOUTH LINE OF LELAND AVENUE 64.6 FEET I EAST Of THE EAST LINE OF THE FIRST ALLEY f WEST OF WESTERN AVENUE
SURVEY PREPARED FOR; MS FINANCIAL
6111 NORTH RIVER ROA07TH FLOOR ROSEMONT, ILLINOIS 6001ft
State of Illinois] Counl
 
CDOT# 12-47-12-3586
REVISED: 2-21-2013 LABELS
REVISED: 2-15-2013 ALLEY LABEL.
REVISED: 1-9-2013 PER ORDER #2013-17306 [RJT]
ORPEREO BY. WFMHC1ALB**
GREMLEY 4 BlEDERMANN
PLCS. CaratkTKK
Tofessional lllinors^tafid Surveyor Nu?^*V^ My license expires November 30, 2014 This professional service conforms to the current Illinois minimum standards for a boundary survey.
ORDER NO.
2012-17131-001
C.\,C*O\IOO»\2O0»-IJ«SI\tf-s\20)I-r7U1-£)[ll.d.q
W.   LAWRENCE AVENUE
(RECORD GG FT. PUBUC R.O.W.)
 
SURVEY NOTES:
PROPERTY APPEARS IN ZONE "X". AREAS DETERMINED TO BE OUTSIDE THE 02% ANNUAL CHANCE FLOODPLAIN. AS DELINEATED ON FLOOD INSURANCE RATE MAP COOK COUNTY. ILLINOIS, MAP NO. 17031CO402J. EFFECTIVE DATE AUGUST 19.2008.
Nate R. & M. denotes Record and Measured distances lespecthety.
Distances are marked wi feet and decimal parts ihereof. Compare afl points BEFORE bulling by same and at once report any differences BEFORE damage is done.
For easements, building lines and other restrictions not shown on survey plat refer to your abstract, deed, contract, life policy and local building fine regulations.
NO dimensions shall be assumed by scale measurement upon this pUL
1 OF 1
Unless otherwise noted hereon the Bearing Basis. Elevation Datum and Coordinate Datum it used is ASSUMED.
COPYRIGHT GREMLEY.&.BIEDERMANN, INC. 2012 "AO Rights Reserved"
THE ZONING CLASSIFICATION OF THE PROPERTY SHOWN HEREON IS B3-2 AS DELINEATED ON THE CITY OF CHICAGO. DEPARTMENT OF ZONING WEBSITE.
THE SURVEYOR HAS NOT RESEARCHED THE APPLICABLE ZONING. BUILDING CODES. SETBACKS OR SPECIFIC USES ALLOWED WITHIN THIS ZONING CLASSIFICATION CONTACT THE CITY OF CHICAGO.
DEPARTMENT OF ZONING. CITY HALL, 121 NORTH LASALLE STREET. ROOI 90S, CHICAGO. ILLINOIS. (31. 7*4-63t7. FAX: (312)-7+4-6552 FOR' CERTIFICATION, VERIFICATION AND SPECIFIC MATTERS PERTAINING TO THE ABOVE NOTED ZONING CLASSIFICATION.
 
 
EXHIBIT B TO ORDINANCE
 
This Instrument Prepared By and After Recording Return to: Karen Bielarz Senior Counsel City of Chicago Department of Law 121 North LaSalle Street Room 600
Chicago,-Illinois 60602
 
 
(The Above Space For Recorder's Use Only)
 
Public Way Easement Agreement (Pedestrian Bridge)
 
This Agreement (the "Agreement") is entered into as of this      day of      2013, by and
between the City of Chicago, an Illinois home rule municipal corporation, by and through its Department of Transportation, (the "City") and MB Financial Bank, N.A. ("Grantee"). City and Grantee together shall be referred to herein from time to time as the "Parties".
 
Witnesseth:
WHEREAS, Grantee is the owner of real property commonly known as 2400-2410 and 2414 W. Lawrence Avenue, Chicago, Illinois, as legally described on Exhibit A attached hereto and made a part hereof (the "Property"), upon which Property the Grantee currently has a bank complex ("Complex");
WHEREAS, Grantee, an Illinois banking institution, is the owner of the bank complex buildings bisected by the easternmost, 16' wide public alley in the block bounded by N. Western Avenue, W. Lawrence Avenue, W. Gunnison Street and N. Rockwell Street; and
WHEREAS, the adjacent buildings together shall be referred to herein from time to time as the Overpass Buildings ("Overpass Buildings"); and
 
WHEREAS, Grantee's predecessor in interest erected and was previously permitted for a pedestrian overpass ("Overpass") to connect the Overpass Buildings over and above the grade of the City's public right-of-way ("Alley") by approximately one thousand fifteen (128) square feet, more or less ("Easement Area"), as more fully described on the Plat of Easement ("Plat") attached hereto as Exhibit B; and
 
WHEREAS, the Overpass will continue to require the use of the Alley, specifically use of certain of the air rights above the Alley, as more fully depicted on the Plat; and
 
WHEREAS, the Grantee requires the use of the Overpass, which lies above the grade of the Alley, and the Easement Area, for safe pedestrian movement within the Overpass Buildings; and
 
 
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WHEREAS, the Overpass will benefit the business by allowing customers and staff to traverse between the Overpass Buildings protected from the weather and vehicular traffic; and
 
NOW, THEREFORE, in consideration of the above preambles, the mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
 
Grant of Easement Area. The City hereby grants to Grantee an easement ("Easement") to use and occupy, in accordance with this Agreement, those certain limited air rights in and above the Alley in the Easement Area, as identified and legally described on the Plat, for the installation, operation, maintenance, repair and replacement of the Overpass. The Parties hereto may, upon review and approval of the Commissioner ("Commissioner") of the Department of Transportation, or any successor department ("CDOT"), may substitute a revised Easement legal description for the Easement legal description set forth on Exhibit C attached hereto and made a part hereof, subject to review and approval of the City's Corporation Counsel.
  1. Terms. The following terms and conditions apply to the Easement.
  1. The Easement is an easement appurtenant in favor of MB Financial Bank,
N.A.
  1. The Easement is granted for a term of twenty (20) years ("Term") provided that the Grantee pay compensation to the City in the amount described in the Easement Ordinance.
  2. The Easement shall burden the Easement Area as the servient tenement.
  3. Grantee warrants to the City that it is the owner ("Owner") of the adjacent Property, is owner of the existing Overpass structure, and that the Grantee has sufficient title and fee interest to/in the Property to enter into this Agreement.
  4. The public way Easement granted pursuant to this Agreement constitutes a contemporaneous grant of interest in real property and is not executory in nature.
  5. Grantee shall not transfer any interest in the Easement without prior written consent by the Commissioner ("Commissioner") of the City's Department of Transportation ("CDOT").
  6. Grantee's Obligations.
 
(a) The Grantee expressly warrants that the Overpass is designed and constructed in compliance with all federal, state and local laws and regulations. The Grantee further expressly warrants that the Overpass is designed and constructed in compliance with accessibility standards, including, but not limited to: (1) the Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et seq., and the regulations promulgated
 
 
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thereunder; (2) the Illinois Environmental Barriers Act (410 ILCS 25/1 et seq (1996)); (3) The Illinois Accessibility Code, 71 III. A. Code 400; (4) all local City ordinances, codes, regulations.
  1. The Grantee shall be responsible for obtaining ongoing approvals of and payment for any and all removals, relocations, alterations, additional maintenance and restorations of or to any utility or public service structures or facilities, or any structures or facilities located in or adjacent to the Easement Area which are owned by the City, including pavements, bridges, poles, and other facilities and utilities, which are or may be necessary or appropriate to facilitate work related to the Overpass. The Grantee shall be responsible for obtaining the consent of and making suitable arrangements with all entities owning and having an interest in such structures and facilities, including any City department.
  2. The Grantee shall secure all necessary permits, including but not limited to, building permits.
  1. Uses Within the Easement Areas.
  1. The Overpass shall be open for use by the public at such times that the Overpass Buildings are open to the public.
  2. The Grantee may not authorize the Overpass for any purpose that will substantially interfere with the use of the Overpass by the public.
  3. The Grantee may utilize the Overpass for exhibits, displays and the like that shall not substantially interfere with the public's use described in this Agreement.
  4. Grantee may establish reasonable rules and regulations related to the use by the public of the Overpass. Grantee may at its sole discretion control the use of and access to the Buildings through the Overpass. Notwithstanding the foregoing, the City reserves a right to access the Overpass and Easement Area for City business purposes and services available to all similarly situated improvements.
  5. Overpass Alterations.
 
Grantee may from time to time replace, remodel or demolish all or any portion of the Overpass so long as the Grantee secures the prior written approval of the Commissioner (or any successor department's Commissioner) and City Council for alterations that may affect the Easement Area or other portions of the public right-of-way before making any alterations to the Overpass that would change the description provided on the Plat.
  1. Removal and Restoration. Grantee shall have the right to terminate this Easement at any time. Upon termination of the Easement granted by this Agreement the Grantee, without cost or expense to the City, shall promptly remove the Overpass, and all other structures and facilities related to the Overpass as may be located in the Easement Area and other affected public way. Grantee shall restore the public way to the extent altered, disturbed, or damaged by the installation, construction, use, operation, inspection, maintenance, repair, replacement or removal of the Overpass, and all work related thereto, to a proper condition under the supervision and to the satisfaction of the Commissioner and in accordance with the Municipal Code of Chicago.
 
 
 
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6.      indemnity. Except with respect to the negligent or wrongful intentional acts
of City (to the extent the same are the cause of an injury or loss to a third person), Grantee
hereby indemnifies and agrees to hold harmless and defend City from and against any and
all claims, demands, damages, lawsuits, legal proceedings, losses, liens, liabilities,
judgments, orders or decrees, and all reasonable costs and expenses (including, without
limitation, reasonable attorneys' fees, court costs, and other reasonable expenses related to
litigation), arising from or as a result of the death of, or any accident, injury, loss or damage
whatsoever caused to the City, any natural person, or the City's property, including but not
limited to the Easement Area and all other impacted City right-of-way, the property of any
person, arising out of, or occurring in any manner relating to the Easement Area, or the
Overpass. In the event any legal action is taken against City or its agents or any claim is
made relating to the Easement Area or the Overpass, the City may elect to tender said
defense to Grantee which shall and must defend such action or claim at Grantee's own
expense and City shall cooperate with Grantee in the defense thereof. City shall have the
right to join Grantee as a party defendant in any such legal action. This indemnity shall not
be the exclusive remedy of the City, and City shall maintain whatever other right of
indemnity it may have under common law, by statute, or by ordinance.
7.      Grantee's Operation, Maintenance and Security of the Easement Area
and Overpass during the Term of this Agreement.
  1. Grantee shall maintain the Easement Area and Overpass at its sole cost and expense.
  2. Grantee shall maintain the Easement Area and Overpass so that the improvement does not unduly interfere with any use of the public way by the City, the public, or any person or entity authorized to use or occupy the public way.
  3. Grantee shall conduct regular, documented inspections of the Overpass and the Easement Area and maintain the Overpass and Easement Area in a structurally sound, clean, aesthetically attractive, and usable condition consistent with the public use required by this Agreement. All Overpass and Easement Area maintenance records shall be made available to CDOT upon CDOT's written request for such documentation to Grantee.
  4. Grantee shall attach no fixtures, post no verbiage, signage, symbols, art or advertising of any kind on the structure, or on the interior of the structure that may be visible from the exterior. The Grantee shall not lease nor enter into any agreement for the Overpass or Easement Area lying over, under, on or in the public way for advertising space purposes, or for any other promotional use(s) for the Grantee or any third parties.
  5. Grantee shall cooperate with the City concerning the coordination of uses of the public way, including prompt responses to inquiries, attending meetings and site visits, and providing complete disclosure of information concerning the Easement Area and Overpass.
  6. Grantee shall pay for any and all utility expenses incurred with respect to the operation, maintenance, repair, and/or replacement of the Overpass, or any part thereof, within the Easement Area.
  7. Grantee shall provide security over the Easement Area and Overpass at its sole cost and expense.
 
 
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8. City Has No Maintenance and Operational Duties. The Grantee acknowledges that City is not responsible for the operation, maintenance, repair, and/or replacement of or security of the Easement Area and the Overpass, and City has no obligations with respect thereto (other than the provision, through the exercise of the City's right to access the Overpass and Easement Area for City business purposes and services available to all similarly situated improvements).
 
9. Insurance.
  1. The Grantee shall procure and maintain, at all times, or shall cause to be procured and maintained, all of the types and coverages of insurance specified below, with insurance companies authorized to do business in the State of Illinois, covering all operations under this Agreement, whether performed by the Grantee or any of its contractors.
    1. The kinds and amounts of insurance required are as follows:
(i)      Workers' Compensation and Occupational Disease Insurance.
 
Workers' Compensation and Occupational Disease Insurance, in statutory amounts, covering all employees who are to provide Work under this Agreement. Employers' liability coverage with limits of not less than One Million Dollars ($1,000,000) each accident, illness or disease.
  1. Commercial Liability Insurance (Primary and Umbrella).
 
Commercial General Liability Insurance, or equivalent, with limits of not less that Five Million Dollars ($5,000,000) per occurrence for bodily injury, personal injury, and property damage liability. All premises and operations, products/completed operations, independent contractors, explosion, collapse, underground, pollution (if commercially available), separation of insureds, defense and contractual liability coverages are to be included. The City is to be named as an additional insured on a primary non-contributory basis for any liability related directly or indirectly to this Agreement.
 
Contractors performing work for Grantee must maintain limits of not less than $2,000,000 with the same terms herein.
  1. 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 Grantee provide or cause to be provided, Automobile Liability Insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury and property damage. The City is to be named as an additional insured on a primary, non-contributory basis.
 
Contractor performing work for Grantee must maintain limits of not less than $1,000,000 with the same terms herein.
  1. Additional Requirements
 
 
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The Grantee must provide and cause any of its contractors to provide the City of Chicago, Department of Transportation, 30 North LaSaile Street, Room 500, Chicago, Illinois 60602-2570, original Certificates of Insurance, to be in force on the date of this Agreement, and Renewal Certificates of Insurance, or such similar evidence, if the coverages have an expiration or renewal date occurring during the term of this Agreement. 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 Agreement requirements. The failure of the City to obtain certificates or other insurance evidence from Grantee and contractor is not a waiver by the City of any requirements for the Grantee to obtain and maintain the specified coverages. The Grantee and contractor must advise all insurers of the Agreement provisions regarding insurance. Non-conforming insurance does not relieve Grantee and contractor of the obligation to provide insurance as specified herein. Non-fulfillment 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.
 
Grantee agrees to make commercially reasonable efforts to obtain from its insurers, when and if available in the industry, a certificate providing that such coverage shall not be suspended, voided, canceled, non-renewed, or reduced in scope or limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
Any deductibles or self-insured retentions on referenced insurance coverages must be borne by Grantee and contractor.
 
The Grantee hereby agrees and will cause its contractors to agree that insurers waive their rights of subrogation against the City of Chicago, its employees, elected officials, agents, or representatives.
The coverages and limits furnished by Grantee and contractor in no way limit the Grantee's and 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 Grantee and 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 Agreement given as a matter of law.
 
If Grantee or contractor is a joint venture or limited liability company, the insurance policies must name the joint venture or limited liability company as a named insured.
 
The Grantee must require the contractor to provide the insurance required herein. All contractors are subject to the same insurance requirements of Grantee unless otherwise specified in this Agreement.
 
The City's Risk Management Department maintains the right to modify, delete, alter or change these requirements.
 
 
 
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  2. Default. The Grantee shall be in default hereunder in the event of a material breach by Grantee of any term or condition of this Agreement including, but not limited to, a representation or warranty, where Grantee has failed to cure such breach within sixty (60) days after written notice of breach is given to Grantee by City setting forth the nature of such breach. Failure of City to give written notice of breach to Grantee shall not be deemed to be a waiver of the City's right to assert such breach at a later time. If the default is not capable of being cured within the sixty (60) day period, then provided Grantee has commenced to cure the default and is diligently proceeding to cure the default within the sixty (60) day period, and thereafter diligently prosecutes such cure through to completion, then the sixty (60) day period shall be extended for the length of time that is reasonably necessary to cure the default. If the default is not cured in the time period provided for herein, the City may institute such proceedings at law or in equity as may be necessary or desirable to cure and remedy the default, including but not limited to, termination of this Agreement and removal of the Overpass at the Grantee's sole expense.
  3. Compliance With Law. The Grantee agrees that the Easement Area and Overpass shall be used, and any alterations to the Overpass shall be constructed, installed, used, operated, inspected, maintained, repaired and replaced in complete compliance with all applicable laws, statutes and ordinances.
  4. Partial Invalidity. If any clause, sentence or other portion of this Agreement shall become illegal, null or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining portion hereof shall remain in full force and effect.
13.      Notices. Any and all notices or other communications required or permitted pursuant hereto shall be in writing and shall be deemed to have been given if and when personally delivered or on the next following business day if transmitted by reputable overnight carrier. Notices shall be addressed to Grantee and City at their respective addresses set forth below, or to such substitute address as Grantee or City may have designated by notice in accordance herewith:
 
If to City:
 
Commissioner of Transportation 30 North LaSalle Street, Room 500 Chicago, Illinois 60602 Attn: Maps and Plats / Vacations
With a copy to Ms. Karen Bielarz: Department of Law
121 North LaSalle Street, Room 600
Chicago, Illinois 60602
Attn: Deputy Corporation Counsel
Real Estate and Land Use Division
 
 
 
 
 
 
 
 
 
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If to Grantee:
 
Ms. Tracey Ernst MB Financial Bank, N.A. 6111 N. River Road Rosemont IL 60018
 
With a copy to:
 
Mr. Jack Parrino, Esq. Thompson Coburn LLP 55 E. Monroe Street, 37th Floor Chicago, Illinois 60603
  1. Illinois Law. This Agreement has been negotiated, executed and delivered at Chicago, Illinois and shall be construed and enforced in accordance with the laws of Illinois, including the law of public trust with respect to the use and occupation of the public way.
  2. Execution And Recordation of Agreement. The execution and recordation of this Agreement shall be subject to the finalization of all utility negotiations and further provided that the Grantee supplies the City with sufficient proof of ownership of the Property, and any other documents that the City may deem necessary.
  3. No Third-Party Beneficiaries. This Agreement shall be binding upon and inure to the benefit solely of Grantee and City and their respective successors, assigns, licensees and legal representatives. This document and the terms hereof are intended solely for the benefit of the parties hereto and their successors, licensee and assigns, as expressly referred to herein. No other person shall have any rights, responsibilities or obligations hereunder nor may such person enforce any of the terms or be entitled to any of the benefits hereof.
  4. Authority and Validity. Each party represents and warrants to the other party that (i) this Agreement has been duly authorized, executed and delivered by it and (ii) this Agreement constitutes the legal, valid and binding obligation of it, enforceable against it in accordance with its terms.
  5. Miscellaneous.
  1. The terms, benefits, and privileges set forth in this Agreement shall be deemed and taken to be covenants running with the Property and shall be binding upon the Grantee, its successors and assigns having any interest in the Property.
  2. If any provision of this Agreement, or any paragraph, sentence, clause, phrase, or word or the application thereof is held invalid, illegal, null or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remainder of this Agreement shall be construed as if such invalid part were never included and this Agreement shall be and remain valid and enforceable to the fullest extent permitted by law provided that this Agreement, in its entirety as so reconstituted, does not represent a material change to the rights or obligations of either of the Parties.
 
 
 
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  1. In the event the time for performance hereunder falls on a Saturday, Sunday, or legal holiday, the actual time for performance shall be the next business day.
  2. This Agreement and the accompanying Plat shall be governed by, and construed in accordance with, the internal laws of the State of Illinois. In the event that an adjudication of any kind shall be required in connection with this Agreement, the Parties agree that the venue therefor shall be the state or federal courts located in Cook County, Illinois, whichever may be applicable.
  3. This Agreement constitutes the entire contract between the Parties with respect to the subject matter of this Agreement, and may not be modified except by an instrument in writing signed by all the Parties and dated a date subsequent to the date of this Agreement.
  4. Each Party agrees that it will execute and deliver such other reasonable documents and take such other reasonable actions as may be reasonably requested by the other party to effectuate the purposes and intention of this Agreement.
  1. Business Relationships.
 
The Grantee acknowledges (A) receipt of a copy of Section 2-156-030 (b) of the Municipal Code of Chicago, (B) that it has read such provision and understands that pursuant to such Section 2-156-030 (b) it is illegal for any elected official of the City, or any person acting at the direction of such official, to contact, either orally or in writing, any other City official or employee with respect to any matter involving any person with whom the elected City official or employee has a "Business Relationship" (as defined in Section 2-156-080 of the Municipal Code of Chicago), or to participate in any discussion in any City Council committee hearing or in any City Council meeting or to vote on any matter involving the person with whom an elected official has a Business Relationship, and (c) notwithstanding anything to the contrary contained in this Agreement, that a violation of Section 2-156-030 (b) by an elected official, or any person acting at the direction of such official, with respect to any transaction contemplated by this Agreement shall be grounds for termination of this Agreement and the transactions contemplated hereby. The Grantee hereby represents and warrants that no violation of Section 2-156-030 (b) has occurred with respect to this Agreement or the transactions contemplated hereby.
  1. Patriot Act Certification.
The Grantee represents and warrants that neither the Grantee nor any Affiliate thereof (as defined in the next paragraph) is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the Bureau of Industry and Security of the U.S. Department of Commerce or their successors, or on any other list of persons or entities with which the City may not do business under any applicable law, rule, regulation, order or judgment: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.
As used in the above paragraph, an "Affiliate" shall be deemed to be a person or entity related to the Grantee that, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with Grantee, and a person or entity shall be deemed to be controlled by another person or entity, if controlled in any manner whatsoever that results in control in fact by that other person or entity (or that other person or entity and any persons or entities with whom that other person or entity is acting jointly or in concert), whether directly or indirectly and whether through share ownership, a trust, a contract or otherwise.
 
 
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21)     Prohibition on Certain Contributions Mayoral Executive Order 2011-4.
 
Grantee agrees that Grantee, any person or entity who directly or indirectly has an ownership or beneficial interest in Grantee of more than 7.5 percent ("Owners"), spouses and domestic partners of such Owners, Grantee's contractors (i.e., any person or entity in direct contractual privity with Grantee regarding the subject matter of this Agreement) ("Contractors"), any person or entity who directly or indirectly has an ownership or beneficial interest in any Contractor of more than 7.5 percent ("Sub-owners") and spouses and domestic partners of such Sub-owners (Grantee and all the other preceding classes of persons and entities are together, the "Identified Parties"), shall not make a contribution of any amount to the Mayor of the City of Chicago (the "Mayor") or to his political fundraising committee (i) after execution of this Agreement by Grantee, (ii) while this Agreement or any Other Contract is executory, (iii) during the term of this Agreement or any Other Contract between Grantee and the City, or (iv) during any period while an extension of this Agreement or any Other Contract is being sought or negotiated.
 
Grantee represents and warrants that from the later to occur of (a) May 16, 2011, and (b) the date the City approached the Grantee or the date the Grantee approached the City, as applicable, regarding the formulation of this Agreement, no Identified Parties have made a contribution of any amount to the Mayor or to his political fundraising committee.
 
Grantee agrees that it shall not: (a) coerce, compel or intimidate its employees to make a contribution of any amount to the Mayor or to the Mayor's political fundraising committee; (b) reimburse its employees for a contribution of any amount made to the Mayor or to the Mayor's political fundraising committee; or (c) Bundle or solicit others to bundle contributions to the Mayor or to his political fundraising committee.
 
Grantee agrees that the Identified Parties must not engage in any conduct whatsoever designed to intentionally violate this provision or Mayoral Executive Order No. 2011-4 or to entice, direct or solicit others to intentionally violate this provision or Mayoral Executive Order No. 2011-4.
 
Grantee agrees that a violation of, non-compliance with, misrepresentation with respect to, or breach of any covenant or warranty under this provision or violation of Mayoral Executive Order No. 2011-4 constitutes a breach and default under this Agreement, and under any Other Contract for which no opportunity to cure will be granted, unless the City, in its sole discretion, elects to grant such an opportunity to cure. Such breach and default entitles the City to all remedies (including without limitation termination for default) under this Agreement, under any Other Contract, at law and in equity. This provision amends any Other Contract and supersedes any inconsistent provision contained therein.
 
If Grantee intentionally violates this provision or Mayoral Executive Order No. 2011-4 prior to the closing of this Agreement, the City may elect to decline to close the transaction contemplated by this Agreement.
 
For purposes of this provision:
 
"Bundle" means to collect contributions from more than one source, which is then delivered by one person to the Mayor or to his political fundraising committee.
 
 
 
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"Other Contract" means any other agreement with the City of Chicago to which Grantee is a party that is (i) formed under the authority of chapter 2-92 of the Municipal Code of Chicago; (ii) entered into for the purchase or lease of real or personal property; or (iii) for materials, supplies, equipment or services which are approved or authorized by the City Council of the City of Chicago.
"Contribution" means a "political contribution" as defined in Chapter 2-156 of the Municipal Code of Chicago, as amended.
 
Individuals are "Domestic Partners" if they satisfy the following criteria:
    1. they are each other's sole domestic partner, responsible for each other's common welfare; and
  2. neither party is married; and
    1. the partners are not related by blood closer than would bar marriage in the State of Illinois; and
    2. each partner is at least 18 years of age, and the partners are the same sex, and the partners reside at the same residence; and
  3. two of the following four conditions exist for the partners:
  1. The partners have been residing together for at least 12 months.
  2. The partners have common or joint ownership of a residence.
3.      The partners have at least two of the following arrangements:
  1. joint ownership of a motor vehicle;
  2. a joint credit account;
  3. a joint checking account;
  4. a lease for a residence identifying both domestic partners as tenants.
4.      Each partner identifies the other partner as a primary beneficiary in a will.
 
"Political fundraising committee" means a "political fundraising committee" as defined in Chapter 2-156 of the Municipal Code of Chicago, as amended.
  1. Failure To Maintain Eligibility To Do Business With The City.
 
Failure by Grantee or any controlling person (as defined in Section 1-23-010 of the Municipal Code of Chicago) thereof to maintain eligibility to do business with the City of Chicago as required by Section 1-23-030 of the Municipal Code of Chicago shall be grounds for termination of the Agreement and the transactions contemplated thereby. Grantee shall at all times comply with Section 2-154-020 of the Municipal Code of Chicago.
  1. Inspector General and Legislative Inspector General.
 
It is the duty of every officer, employee, department, agency, contractor, subcontractor, Grantee and licensee of the City, and every applicant for certification of eligibility for a City contract or program, to cooperate with the City's Legislative Inspector General and with the City's Inspector General in any investigation or hearing undertaken pursuant to Chapters 2-55 and 2-56, respectively, of the Municipal Code of Chicago. The Grantee understands and will abide by all provisions of Chapters 2-55 and 2-56 of the Municipal Code of Chicago.
 
 
 
 
 
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24)     Waste Ordinance Provisions.
 
In accordance with Section 11-4-1600(e) of the Municipal Code of Chicago, Grantee warrants and represents that it, and to the best of its knowledge, its contractors and subcontractors, have not violated and are not in violation of any provisions of Section 7-28 or Section 11-4 of the Municipal Code (the "Waste Sections"). During the period while this Amendment is executory, Grantees, any general contractors or any subcontractors violation of the Waste Sections, whether or not relating to the performance of this Agreement, constitutes a breach of and an event of default under this Agreement, for which the opportunity to cure, if curable, will be granted only at the sole designation of the Chief Procurement Officer. Such breach and default entitles the City to all remedies under the Amendment, at law or in equity. This section does not limit Grantee's, general contractor's and its subcontractor's duty to comply with all applicable federal, state, county and municipal laws, statutes, ordinances and executive orders, in effect now or later, and whether or not they appear in this Amendment. Noncompliance with these terms and conditions may be used by the City as grounds for the termination of this Amendment, and may further affect Grantee's eligibility for future contract awards.
 
25)     Shakman Accord.
 
(a) The City is subject to the May 31, 2007 Order entitled "Agreed Settlement Order and Accord" (the "Shakman Accord") and the August 16, 2007 "City of Chicago Hiring Plan" (the "City Hiring Plan") entered in Shakman v. Democratic Organization of Cook County, Case No 69 C 2145 (United States District Court for the Northern District of Illinois). Among other things, the Shakman Accord and the City Hiring Plan prohibit the City from hiring persons as governmental employees in non-exempt positions on the basis of political reasons or factors.
  1. Grantee is aware that City policy prohibits City employees from directing any individual to apply for a position with Grantee, either as an employee or as a subcontractor, and from directing Grantee to hire an individual as an employee or as a subcontractor. Accordingly, Grantee must follow its own hiring and contracting procedures, without being influenced by City employees. Any and all personnel provided by Grantee under this Agreement are employees or subcontractors of Grantee, not employees of the City of Chicago. This Agreement is not intended to and does not constitute, create, give rise to, or otherwise recognize an employer-employee relationship of any kind between the City and any personnel provided by Grantee.
  2. Grantee will not condition, base, or knowingly prejudice or affect any term or aspect to the employment of any personnel provided under this Agreement, or offer employment to any individual to provide services under this Agreement, based upon or because of any political reason or factor, including, without limitation, any individual's political affiliation, membership in a political organization or party, political support or activity, political financial contributions, promises of such political support, activity or financial contributions, or such individual's political sponsorship or recommendation. For purposes of this Agreement, a political organization or party is an identifiable group or entity that has as its primary purpose the support of or opposition to candidates for elected public office. Individual political activities are the activities of individual persons in support of or in opposition to political organizations or parties or candidates for elected public office.
  3. In the event of any communication to Grantee by a City employee or City official in violation of Section 25 (ii) above, or advocating a violation of Section 25 (iii) above, Grantee will, as soon as is reasonably practicable, report such communication to the Hiring Oversight Section
 
 
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of the City's Office of the Inspector General ("IGO Hiring Oversight"), and also to the head of the relevant City Department utilizing services provided under this Agreement. Grantee will also cooperate with any inquiries by IGO Hiring Oversight or the Shakman Monitor's Office related to the contract.
 
 
 
 
 
THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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IN WITNESS WHEREOF, Grantee and City have caused this Agreement to be executed by their duly authorized officers, as of the day and year first written above.
 
 
MB FINANCIAL BANK, N.A.,
an Illinois corporation
 
By:_ Name:
Title:
 
 
CITY OF CHICAGO,
a municipal corporation,
by and through its Department of Transportation
 
 
By:      
Name. Gabe Klein Title: Commissioner
 
 
Approved As To Form And Legality (excluding the Legal Descriptions):
 
CITY OF CHICAGO Department of Law
 
 
By:      
Name: Karen Bielarz Title:   Senior Counsel
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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EXHIBIT A LEGAL DESCRIPTION OF MB FINANCIAL BANK N.A. PROPERTY
 
LOT 19 IN STEINBEISS SUBDIVISION OF LOTS 27, 28 AND 29 IN BOWMANVILLE, BEING A SUBDIVISION IN THE SOUTHEAST "A OF SECTION 12, TOWNSHIP 40 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS
 
Commonly known as: 2414 W. Lawrence Avenue, Chicago Illinois Property Index No.: 13-12-425-048
 
 
 
 
ALSO
 
LOTS 20, 21,22, 23, AND 24 IN STEINBEISS SUBDIVISION OF LOTS 27,28 AND 29 IN BOWMANVILLE, BEING A SUBDIVISION IN THE SOUTHEAST Va OF SECTION 12, TOWNSHIP 40 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS
 
 
 
Commonly known as: 4800-4810 N. Western Avenue, Chicago Illinois Property Index No.:    13-12-425-052, 13-12-425-053
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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EXHIBIT B
 
PLAT OF EASEMENT (Attached)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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EXHIBIT C
LEGAL DESCRIPTION OF EASEMENT AREA
 
THAT PART OF THE 16-FOOT PUBLIC ALLEY LYING BETWEEN THE EAST LINE OF LOT 19 AND THE WEST LINE OF LOTS 20, 21, 22 AND 23 OF STEINBEISS' SUBDIVISION OF LOTS 27, 28 AND 29 IN "BOWMANVILLE", A SUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 40 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 20 IN STEINBEISS' SUBDIVISION; THENCE NORTH 00° 52' 18" WEST ALONG THE WEST LINE OF SAID LOTS 20, 21 AND 22 OF STEINBEISS' SUBDIVISION, BEING ALSO THE EAST LINE OF SAID 16-FOOT PUBLIC ALLEY, 66.27 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89° 07' 42" WEST, 16.00 FEET TO THE EAST LINE OF SAID LOT 19 IN STEIBEISS' SUBDIVISION, BEING ALSO THE WEST LINE OF SAID 16-FOOT PUBLIC ALLEY; THENCE NORTH 00° 52' 18" WEST, ALONG THE LAST DESCRIBED LINE, 8.00 FEET; THENCE NORTH 89° 07' 42" EAST, 16.00 FEET TO THE WEST LINE OF SAID LOT 22 IN STEINBEISS' SUBDIVISION AND THE EAST LINE OF SAID 16-FOOT PUBLIC ALLEY; THENCE SOUTH 00° 52' 18" EAST, 8.00 FEET ALONG THE LAST DESCRIBED LINE TO THE POINT OF BEGINNING, LYING ABOVE A HORIZONTAL PLANE THAT IS 31.56 FEET ABOVE CHICAGO CITY DATUM AND LYING BELOW A HORIZONTAL PLANE THAT IS 43.49 FEET ABOVE CHICAGO CITY DATUM, IN COOK COUNTY, ILLINOIS.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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CITY COUNCIL
City of Chicago
COUNCIL CHAMBER
City Hall—Second Floor 121 North LaSalle Street Chicago, Illinois 60602 telephone: 312-744-4096
FAX: 312-744-8155
COMMITTEE MEMBERSHIPS
Transportation & Public Way (Chairman)
Budget and Government Operations
Committees, Rules ano Ethics
Education and Child Development
Finance
Public Safety
 
Workforce Development and Audit
ANTHONY A. BEALE
 
Alderman, 9th Ward 34 East 11 2th Place Chicago. Illinois 60628 telephone: (773) 785-1100
Fax: (773) 785-2790 e-mail: ward09@cityofchicago.orq
 
October 9, 2013
 
 
 
 
 
To the President and Members of the City Council:
Your Committee on Transportation and Public Way begs leave to report and recommend that Your Honorable Body pass A proposed long-term easement for an existing pedestrian overpass in the block bounded by West Lawrence Avenue,  North Western Avenue, North Rockwell Street and West Gunnison Street in the 47th Ward. This ordinance was referred to the Committee on June 26, 2013.
 
This recommendation was concurred unanimously by a viva voce vote of the members of the Committee with no dissenting vote.
 
(Ward 47)
 
Chairman
 
Respectfully submitted,