Record #: SO2013-5692   
Type: Ordinance Status: Passed
Intro date: 7/24/2013 Current Controlling Legislative Body: Committee on Finance
Final action: 9/11/2013
Title: Intergovernmental agreement with Chicago Park District for provision of Tax Increment Financing (TIF) assistance for expansion of park improvements to playgound equipment at Montgomery A. Ward Park
Sponsors: Emanuel, Rahm
Topic: AGREEMENTS - Intergovernmental
Attachments: 1. SO2013-5692.pdf, 2. O2013-5692.pdf
OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL
MAYOR
 
 
 
July 24, 2013
 
 
 
 
 
 
 
 
 
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
 
 
Ladies and Gentlemen:
 
At the request of the Commissioner of Housing and Economic Development, I transmit herewith an ordinance authorizing the execution of an intergovernmental agreement with the Chicago Park District for the provision of Tax Increment Financing funds.
 
Your favorable consideration of this ordinance will be appreciated.
 
Mayor
 
Very truly yours,
 
ORDINANCE
 
WHEREAS, the City of Chicago (the "City"), is a home rule unit of government under Article VII, Section 6(a) ofthe 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 Chicago Park District (the "Park District") is an Illinois municipal corporation and a unit of local government under Article VII, Section 1 ofthe 1970 Constitution, ofthe State of Illinois and, as such, is authorized to exercise control over and supervise the operation of all parks within the corporate limits of the City; and
 
WHEREAS, the Park District has proposed a park expansion, including the construction of a dog-friendly area and certain improvements to the playground equipment, at the public park variously known as Montgomery A. Ward Park, Erie Park, or Park 511 (the "Project"), with a street address of 630 N. Kingsbury Street, Chicago, the premises of which are legally described in Exhibit A (the "Property"); and
 
WHEREAS, the Property lies wholly within the boundaries of the Chicago/Kingsbury Redevelopment Area (as hereinafter defined); 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 from time to time (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 of the Act, and pursuant to three ordinances adopted on April 12, 2000, the City Council ofthe City ("City Council"): (i) approved and adopted a redevelopment plan and project (the "Plan") for a portion of the City known as the "Chicago/Kingsbury Redevelopment Project Area" (the "Redevelopment Area"); (ii) designated the Redevelopment Area as a "redevelopment project area"; and (iii) adopted tax increment allocation financing for the Redevelopment Area; and
 
WHEREAS, under 65 ILCS 5/11-74.4-3(q)(7), such incremental ad valorem taxes which pursuant to the Act have been collected and are allocated to pay redevelopment project costs and obligations incurred in the payment thereof ("Increment") may be used to pay all or a portion of a taxing district's capital costs resulting from a redevelopment project necessarily incurred or to be incurred in furtherance of the objectives of the redevelopment plan and project, to the extent the municipality by written agreement accepts and approves such costs (Increment collected from the Redevelopment Area shall be known as the "City Increment"); and
WHEREAS, the City's Department of Housing and Economic Development ("HED") desires to make available to the Park District a portion of the City Increment in an amount not to exceed $750,000 for the purpose of funding the construction of the Project (the "TIF-Funded Improvements") in the Redevelopment Area to the extent and in the manner provided in the Agreement (as hereinafter defined); and
 
WHEREAS, the Plan contemplates that tax increment financing assistance would be provided for public improvements, such as the Project, within the boundaries of the Redevelopment Area; and
 
WHEREAS, the Park District is a taxing district under the Act; and
 
U:IGAs/Ordinance Final 1
 
 
WHEREAS, in accordance with the Act, the TIF-Funded Improvements shall include such of the Park District's capital costs necessarily incurred or to be incurred in furtherance of the objectives of the Plan, and the City has found that the TIF-Funded Improvements consist of the cost of the Park District's capital improvements that are necessary and directly result from the redevelopment project constituting the Project and, therefore, constitute "taxing districts' capital costs" as defined in Section 5/11-74.4-3(u) ofthe Act; and
 
WHEREAS, the City and the Park District desire to enter into an intergovernmental agreement in substantially the form attached as Exhibit B (the "Agreement") whereby the City shall pay for or reimburse the Park District for a portion of the TIF-Funded Improvements, now, therefore,
 
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
 
SECTION 1. The above recitals are expressly incorporated in and made a part of this ordinance as though fully set forth herein.
 
SECTION 2. The City hereby finds that the TIF-Funded Improvements, among other eligible redevelopment project costs under the Act approved by the City, consist of the cost of the Park District's capital improvements that are necessary and directly result from the redevelopment project constituting the Project and, therefore, constitute "taxing districts' capital costs" as defined in Section 5/11-74.4-3(u) ofthe Act.
 
SECTION 3. Subject to the approval of the Corporation Counsel ofthe City of Chicago as to form and legality, and to the approval of the Chief Financial Officer, the Commissioner of HED is authorized to execute and deliver the Agreement, and such other documents as are necessary, between the City of Chicago and the Park District, which Agreement may contain such other terms as are deemed necessary or appropriate by the parties executing the same on the part of the City.
 
SECTION 4. 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 other provisions of this ordinance.
 
SECTION 5. This ordinance shall be in full force and effect from and after the date of its passage.
 
 
 
 
 
 
 
 
 
 
 
 
 
U:IGAs/Ordinance Final 2
 
EXHIBIT A
 
 
Site One
 
LOTS 19 TO 23, BOTH INCLUSIVE, AND A PART OF LOT 18 IN BLOCK 81 LYING EAST AND ADJOINING THE EAST DOCK LINE OF THE NORTH BRANCH OF THE CHICAGO RIVER AS NOW LOCATED IN RUSSELL, MATHER AND ROBERTS' SECOND ADDITION TO CHICAGO, BEING A SUBDIVISION OF THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF THE NORTH BRANCH OF THE CHICAGO RIVER, TOGETHER WITH
LOTS 19 TO 23 BOTH INCLUSIVE, AND A PART OF LOT 18 IN BLOCK 82 (EXCEPT THE EAST 30.00 FEET OF SAID LOTS USED AS ROBERTS STREET), IN RUSSEL, MATHER AND ROBERTS' SECOND ADDITION TO CHICAGO, BEING A SUBDIVISION OF THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF THE NORTH BRANCHOF THE CHICAGO RIVER, TOGETHER WITH
THE STRIP OF LAND 66.00 FEET IN WIDTH LYING BETWEEN THE AFORESAID LOTS 19 TO 23, BOTH INCLUSIVE, AND A PART OF LOT 18 IN SAID BLOCK 81 AND SAID LOTS 19 TO 23, BOTH INCLUSIVE, AND A PART OF LOT 18 IN SAID BLOCK 82 WHICH STRIP, FORMERLY KNOWN AS ROBERTS STREET, CONSTITUTES ALL OF THE LAND LYING BETWEEN SAID LOTS IN BLOCK 81 AND SAID LOTS IN BLOCK 82, ALL IN SAID RUSSEL, MATHER AND ROBERTS' SECOND ADDITION TO CHICAGO, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF N. LARRABEE STREET AND THE NORTH LINE OF W. ERIE STREET;
THENCE NORTH ALONG SAID WEST LINE OF N. LARRABEE STREET, A DISTANCE OF 206.14 FEET TO A POINT 85.18 FEET SOUTH OF THE INTERSECTION OF THE WESTERLY EXTENSION OF THE NORTH LINE OF W. HURON STREET;
THENCE WEST AT AN ANGLEOF 90 DEGREES 37 MINUTES 04 SECONDSTO THE RIGHT WITH THE LAST DESCRIBED LINE, A DISTANCE OF 216.63 FEET TO THE EASTERLY DOCK LINE OF THE NORTH BRANCH OF THE CHICAGO RIVER;
THENCE SOUTH ALONG SAID EASTERLY DOCK LINE ANT AN ANGLE OF 85 DEGREES 32 MINUTES 13 SECONDS TO THE RIGHT WITH THE LAST DESCRIBED LINE, A DISTANCE OF 32.01 FEET;
THENCE CONTINUING SOUTH ALONG SAID EASTERLY DOCK LINE AT AN ANGLE OF 175 DEGREES 56 MINUTES 24 SECONDS TO THE RIGHT WITH THE LAST DESCRIBED LINE, A DISTANCE OF 23.87 FEET;
THENCE CONTINUING SOUTH ALONG SAID EASTERLY DOCK LINE AT AN ANGLE OF 175 DEGREES 42 MINUTES 26 SECONDS TO THE LEFT WITH THE LAST DESCRIBED LINE, A DISTANCE OF 53.50 FEET;
THENCE CONTINUING SOUTHEASTERLY ALONG SAID EASTERLY DOCK LINE AT AN ANGLE OF 149 DEGREES 00 MINUTES 44 SECONDS TO THE RIGHT WITH THE LAST DESCRIBED LINE, A DISTANCE OF 118.95 TO THE WESTERLY EXTENSION OF THE NORTH LINE OF W. ERIE STREET;
THENCE WEST ALONG SAID WESTERLY EXTENSION AT AN ANGEL OF 125 DEGREES 15 MINUTES AND 12 SECONDS TO THE RIGHT WITH THE LAST DESCRIBED
 
U:IGAs/Ordinance Final 3
 
LINE, A DISTANCE OF 140.28 FEET TO THE POINT OF THE BEGINNING, IN COOK COUNTY, ILLINOIS.
CONTAINING 40,000 SQUARE FEET (0.9183 ACRES) OF LAND, MORE OR LESS.
Site 2 PARCEL 1:
ALL THAT PART OF THE NORTH 109 FEET IN THE WIDTH OF BLOCK 2 IN ASSESSOR'S DIVISION SOUTH OF ERIE STREET AND EAST OF THE CHICAGO RIVER OF THE EAST Vi OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF CHICAGO, COOK COUNTY, ILLINOIS ACCORDING TO THE MAP OF SAID ASSESSOR'S DIVISION RECORDED IN BOOK 164 OF MAPS, PAGE 67 IN THE OFFICE OF THE RECORDER OF SAID COUNTY, LYING WESTERLY OF THE FOLLOWING DESCRIBED CURVED LINE:
BEGINNING AT A POINT IN THE NORTH SIDE OF SAID BLOCK 2 OF SAID ASSESSOR'S DIVISION 85.13 FEET WEST OF THE NORTHWEST CORNER OF SAID BLOCK 2 AS MEASURED ON THE NORTH SIDE LINE THEREOF; THENCE SOUTHEASTERLY CONVEX TO THE SOUTHWEST OF A RADIUS OF 1,684 FEET A DISTANCE OF 136.77 FEET TO A POINT IN THE SOUTH SIDE LINEOF SAID NORTH 109 FEET OF SAID BLOCK 2, 2.78 FEET WEST OF THE SOUTHEAST CORNEROF THE SAID NORTH 109 FEET OF SAID BLOCK 2 OF SAID ASSESSOR'S DIVISION BEING A PORTION OF THE LAND HERETOFOR CONVEYED BY CHARLES BREWSTER TO JASON C. EASTON BY CERTAIN WARRANTY DEED DATED OCTOBER 1, 1884 AND RECORDED NOVEMBER 12, 1884 IN BOOK 1586 OF DEEDS AT PAGE 87 IN THE OFFICE OF THE RECORDER OF COOK COUNTY AND SUBSEQUENTLY CONVEYED BY SAID JASON C. EASTON AND SARAH K. EASTON, HIS WIFE, TO THE CHICAGO AND EVANSTON RAILROAD COMPANY BY CERTAIN DEED DATED OCTOBER 30, 1885 AND RECORDED NOVEMBER 10, 1885 IN BOOK 1714 OF DEEDS ON PAGE 313 IN THE OFFICE OF THE RECORDER OF SAID COUNTY, IN COOK COUNTY, ILLINOIS. PARCEL 2:
BLOCK 2 (EXCEPT THE NORTH 109 FEET) IN ASSESSOR'S DIVISION OF THAT PART SOUTH OF ERIE STREET AND EAST OF THE NORTH BRANCH OF THE CHICAGO RIVER IN THE EAST Vi OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO LOTS 1 AND 2 (EXCEPT THAT PART CONVEYED TO THE CITY OF CHICAGO BY DOCUMENT NUMBER 4294754 AND EXCEPT THAT PART TAKEN FOR IMPROVEMENT OF THE NORTH BRANCH OF THE CHICAGO RIVER) ALSO LOTS 3 AND 4 (EXCEPT THAT PART TAKEN FOR IMPROVEMENT OF THE NORTH BRANCH OF THE CHICAGO RIVER), ALL IN BLOCK 80 IN RUSSELL, MATHER AND ROBERTS' SECOND ADDITION TO CHICAGO IN SECTION 9, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRS PRINCIPAL MERINIAN, AND BEING THE SAME LAND CONVEYED BY EARNEST U. SCHROBTER TO JOHN G. MCCULLOUGH, TRUSTEE, BY DEED DATED JUNE 2, 1913 AND RECORDED JUNE 11, 1913 AS DOCUMENT NUMBER 5204823 IN BLOCK 12432, PAGE 127 IN THE RECORDER'S OFFICE OF COOK COUNTY, ILLINOIS.
The legal description is subject to title commitment and survey, PIN division and consolidation, as necessary, plat of dedication, site configuration, vacation or dedication of streets and alleys as negotiated by the City of Chicago and Park District.
 
 
Common Address: 630 N. Kingsbury Street, Chicago
 
U:IGAs/Ordinance Final 2
 
 
PINs:
 
17-09-113-015 17-09-126-002 17-09-126-003 17-09-126-004 17-09-126-008 17-09-126-009
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
U:IGAs/Ordinance Final 3
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
U.IGAs/Ordinance Final 4
EXHIBIT B
 
AGREEMENT [see attached]
 
 
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CHICAGO AND THE CHICAGO PARK DISTRICT
 
WARD/ERIE PARK EXPANSION - Dog area, Playground extension
 
This Intergovernmental Agreement (this "Agreement") is made this      day of
      , 2013 (the "Closing Date"), under authority granted by Article VII,
Section 10 of the 1970 Constitution of the State of Illinois, by and between the City of Chicago (the "City"), an Illinois municipal corporation, by and through its Department of Housing and Economic Development ("HED"); and the Chicago Park District (the "Park District"), an Illinois municipal corporation. The Park District and the City are sometimes referred to herein as the "Parties."
 
RECITALS
  1. The City is a home rule unit of government under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, and as such may exercise any power and perform any function pertaining to its government and affairs.
  2. The Park District is a unit of local government under Article VII, Section 1 of the 1970 Constitution ofthe State of Illinois, and as such, has the authority to exercise control over and supervise the operation of all parks within the corporate limits of the City.
  3. The Park District seeks payment or reimbursement of funds it intends to expend or has expended for certain improvements to an existing three-acre park commonly known as Montgomery A. Ward Park or Erie Park or Park 511 (the "Park"), with a street address of 630 N. Kingsbury Street, in Chicago, Illinois, and legally described in Exhibit A (the "Property"). The Park District has proposed to further improve and expand the Park with a dog-friendly area and an expanded playground, such improvement being hereinafter refered to as the "Project."
  4. The Park District owns the Property, and the Property lies wholly within the boundaries of the Redevelopment Area (as hereinafter defined).
  5. 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 from time to time (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.
  6. In accordance with the provisions of the Act, and pursuant to ordinances enacted on April 12, 2000 and published in the Journal ofthe Proceedings of the City Council (the
"Journal") for said date at pages      , the City Council: (i)
approved certain redevelopment project and plan (the "Plan") for a portion of the City known as
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the Chicago/Kingsbury Redevelopment Project Area (the "Redevelopment Area"); (ii) designated the Redevelopment Area as a redevelopment project area; and (iii) adopted tax increment allocation financing for the Redevelopment Area.
  1. Under 65 ILCS 5/1 l-74.4-3(q)(7), such incremental ad valorem taxes which, pursuant to the Act, have been collected and are allocated to pay redevelopment project costs and obligations incurred in the payment thereof ("Increment"), may be used to pay all or a portion of a taxing district's capital costs resulting from a redevelopment project necessarily incurred or to be incurred in furtherance ofthe objectives of the redevelopment plan and project, to the extent the municipality by written agreement accepts and approves such costs. Increment collected from the Redevelopment Area shall be known as the "Chicago/Kingsbury Increment."
    1. The Park District is a taxing district under the Act.
 
I.      The Plan contemplates that tax increment financing assistance would be provided
for public improvements, such as the Project, within the boundaries of the Redevelopment Area.
 
J.       HED wishes to make available to the Park District a portion of the Chicago/Kingsbury Increment in an amount not to exceed $750,000 (the "Project Assistance") for the purpose of funding the Project in the Park (the "TIF-Funded Improvements") to the extent and in the manner provided in this Agreement.
 
K.      In accordance with the Act, the TIF-Funded Improvements shall include such of the Park District's capital costs necessarily incurred or to be incurred in furtherance ofthe objectives of the Plan, and the City has found that the TIF-Funded Improvements consist ofthe cost ofthe Park District's capital improvements that are necessary and directly result from the redevelopment project constituting the Project and, therefore, constitute "taxing districts' capital costs" as defined in Section 5/1 l-74.4-3(u) of the Act.
 
L.      The City and the Park District desire to enter into this Agreement whereby the Park District will undertake the Project and the City shall reimburse the Park District for the TIF-Funded Improvements made pursuant to the Project.
 
M.      On      , 2013, the City Council enacted an ordinance published in
the Journal for said date at pages      to      (the "Authorizing Ordinance") that
authorized the execution of this Agreement.
 
N.      On January 16, 2013, the Park District's Board of Commissioners passed an ordinance expressing its desire to accept Project Assistance from the City for the Project and authorizing the execution of this Agreement (the "Park District Ordinance").
 
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the above recitals which are made a contractual part of this Agreement, and
 
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other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
 
SECTION 1. THE PROJECT.
  1. No later than      months from the Closing Date, or later as the
Commissioner of HED (the "Commissioner") may agree in writing, the Park District shall let one or more contracts for the construction and/or development of the Project in compliance with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, codes and executive orders, all as may be in effect from time to time, pertaining to or affecting the Project or the Park District as related thereto.
  1. The Project shall at a minimum meet or shall have met the general requirements set forth in the Project Description in Exhibit B hereof and comply with plans and specifications to be provided to and approved by HED prior to the commencement ofthe Project ("Plans and Specifications") in order for the Park District to qualify for the disbursement of Chicago/Kingsbury Increment funds. No material deviation from the Plans and Specifications may be made without the prior written approval of the City. The Park District shall comply with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, codes and executive orders, all as may be in effect from time to time, pertaining to or affecting the Project or the Park District as related thereto.
  2. The Park District shall provide the City with copies, if any shall apply, of all governmental licenses and permits required to construct the Project and to use, occupy and operate the Property as a public park from all appropriate governmental authorities, including evidence that the Property is appropriately zoned to be used, occupied and operated as a public park.
  3. The Park District shall include a certification of compliance with the requirements of Sections 1.1, 1.2, and 1.3 hereof with each request for Chicago/Kingsbury Increment funds hereunder and at the time the Project is completed. The City shall be entitled to rely on this certification without further inquiry. Upon the City's request, the Park District shall provide evidence satisfactory to the City of such compliance.
 
SECTION 2. FUNDING
  1. The City shall, subject to the Park District's satisfaction ofthe conditions precedent for disbursement described in this Section 2 and such other conditions contained in this Agreement, disburse the Project Assistance to the Park District.
  2. The City shall establish a special account within the Redevelopment Area's Special Tax Allocation Fund that shall be known as the "Ward/Erie/511 Park 2013 Expansion Account." Disbursement of Project Assistance funds will be subject to the availability of Chicago/Kingsbury Increment in the Ward/Erie/511 Park 2013 Expansion Account, subject to all
3
 
 
restrictions on and obligations of the City contained in all Chicago/Kingsbury Ordinances, or relating to the Chicago/Kingsbury Increment and all agreements and other documents entered into by the City pursuant thereto.
  1. Within 15 days after the Closing Date or such longer period of time as may be agreed to by the Commissioner, but in no event later than 90 days after the execution of this Agreement (the "Satisfaction Period"), the Park District must satisfy, to the reasonable satisfaction of the Commissioner, that it has satisfactory title to the Property, which may be evidenced by a valid lease agreement or an acceptable title insurance policy, subject only to those title exceptions acceptable to the City and the Park District. If the Park District is unable to satisfy this condition, either Party may terminate this Agreement by providing written notice to the other Party.
  2. The Park District may periodically submit requisitions to the City for payment in the form of Exhibit C hereto ("Requisition for Payment"). The City shall not approve Requisitions for Payment in the aggregate in excess of the actual costs of the Project that are TIF-Funded Improvements. Simultaneous with the submission of each Requisition for Payment, the Park District shall submit documentation regarding the applicable expenditures to HED. Delivery by the Park District to HED of any Requisition for Payment to the City shall, in addition to the items therein expressly set forth, constitute a certification to the City, as of the date of such request, that:
    1. the total amount of the request for the Requisition for Payment represents the actual amount payable to (or paid to) the general contractor, subcontractors, and other parties who have performed work on or otherwise provided goods or services in connection with the Project, and/or their payees;
    2. all amounts shown as previous payments on the current request for a Requisition for Payment have been paid to the parties entitled to such payment;
    3. the Park District has approved all work and materials for the current request for a Requisition for Payment, and such work and materials conform to the Plans and Specifications previously approved by HED; and
    4. the Park District is in compliance with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, codes and executive orders, all as may be in effect from time to time, pertaining to or affecting the Project or the Park District as related thereto.
  2. The City shall have the right, in its discretion, to require the Park District to submit further documentation as the City may require in order to verify that the matters certified to in Section 2.4 are true and correct, and any approval of a Requisition for Payment by the City shall be subject to the City's review and approval ofsuch documentation and its satisfaction that
 
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such certifications are true and correct; provided, however, that nothing in this sentence shall be deemed to prevent the City from relying on such certifications by the Park District.
  1. The current estimated of the cost of the entire Project is $750,000. The Park District has delivered to the Commissioner a project budget for the Project, attached as Exhibit D hereto. The Park District certifies that it has identified sources of funds (including the Project Assistance) sufficient to complete its budgeted portion ofthe Project. The Park District acknowledges that the City will only contribute the Project Assistance amount to the Project, subject to the terms and conditions of this Agreement, and that all costs of completing the Project over and above the Project Assistance amount shall be the sole responsibility ofthe Park District. If the Park District does not have sufficient funds to complete the Project, the Park District shall so notify the City in writing, and the Park District may narrow the scope of the Project (the "Revised Project") as agreed with the City in order to complete the Revised Project with the available funds.
  2. Exhibit D contains a preliminary list of capital improvements and other costs, if any, recognized by the City as being eligible redevelopment project costs under the Act with respect to the Project, to be paid for out ofthe Project Assistance. To the extent the TIF-Funded Improvements are included as taxing district capital costs under the Act, the Park District acknowledges that the TIF-Funded Improvements are costs for capital improvements and the City acknowledges it has determined that these TIF-Funded Improvements are necessary and directly result from the Plan. Prior to the expenditure of Project Assistance on the Project, the Commissioner, based upon the project budget, may make such modifications to Exhibit D as he or she wishes in his or her discretion to account for all of the Project Assistance to be expended under this Agreement; provided, however, that all TIF-Funded Improvements shall (i) qualify as redevelopment project costs under the Act, (ii) qualify as eligible costs under the Plan; and (iii) be improvements that the Commissioner has agreed to pay for out of Project Assistance, subject to the terms of this Agreement.
  3. The Park District hereby acknowledges and agrees that the City's obligations hereunder with respect to the Project Assistance are subject on every respect to the availability of funds as described in and limited by this Section 2 If no funds or insufficient funds are appropriated and budgeted in any fiscal period ofthe City for disbursements of the Project Assistance, then the City will notify the Park District in writing of that occurrence, and the City may terminate this Agreement on the earlier ofthe last day of the fiscal period for which sufficient appropriation was made or whenever the funds appropriated for disbursement under this Agreement are exhausted.
  4. If the aggregate cost of the Project is less than the amount ofthe Project Assistance contemplated by this Agreement, the Park District shall have no claim to the difference between the amount of the Project Assistance contemplated by this Agreement and the amount of the Project Assistance actually paid by the City to the Park District and expended by the Park District on the Project.
 
SECTION 3. TERM.
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The term of this Agreement shall commence on the Closing Date and shall expire on the date on which the Redevelopment Area is no longer in effect, or on the date of termination of this Agreement according to its terms, whichever occurs first.
 
SECTION 4. ENVIRONMENTAL MATTERS.
  1. The Chicago Park District shall, in its sole discretion, determine if any environmental remediation is necessary, and any such work that the Park District determines is necessary shall be performed using the Project Assistance funding provided herein or any applicable funding provided by the Park District. The City's financial obligation shall be limited to an amount not to exceed $750,000 with respect to the matters contained in this Agreement, including this Section 4. The City makes no covenant, representation or warranty as to the environmental condition ofthe Park or the suitability of the Park as a park or for any use whatsoever.
  2. The Park District agrees to carefully inspect the Property prior to commencement of any remediation or development on the Property to ensure that such activity shall not damage surrounding property, structures, utility lines or any subsurface lines or cables. The Park District shall be solely responsible for the safety and protection ofthe public. The City reserves the right to inspect the work being done on the Property. The Park District agrees to keep the Property free from all liens and encumbrances arising out of any work performed, materials supplied or obligations incurred by or for the Park District.
  3. The Park District or its contractor must obtain all necessary permits, and applicable insurance as described in Section 5 hereof.
 
SECTION 5. INSURANCE.
 
5.1.    The Park District shall provide and maintain at the Park District's own expense, or cause to be provided during the term of this Agreement, the insurance coverages and requirements specified below, insuring all operations related to this Agreement.
  1. 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.
  2. Commercial General Liability (Primary and Umbreila). Commercial General Liability Insurance or equivalent with limits of not 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, explosion, collapse, underground, separation of insureds, defense, and contractual liability (with no limitation endorsement). The
 
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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 work.
  1. Automobile Liability (Primary and Umbrella). When any motor vehicles (owned, non-owned and hired) are used in connection with work to be performed, The Park District shall provide or cause to be provided, Automobile Liability Insurance with limits of not less than $1,000,000 per occurrence for bodily injury and property damage.
  2. Professional Liability. When any architects, engineers or professional consultants perform work in connection with this Agreement, The Park District shall cause to be provided, Professional Liability Insurance covering acts, errors, or omissions shall be maintained with limits of not less than $1,000,000.
  3. Self Insurance. To the extent permitted by applicable law, the Park District may self insure for the insurance requirements specified above, it being expressly understood and agreed that, if the Park District does self insure for any such insurance requirements, the Park District must bear all risk of loss for any loss which would otherwise be covered by insurance policies, and the self insurance program must comply with at least such insurance requirements as stipulated above.
  1. The Park District will furnish the City, at the address stated in Section 8.13, original Certificates of Insurance evidencing the required coverage to be in force on the Closing Date, and renewal Certificates of Insurance promptly as any requisite insurance is renewed. The Park District shall submit evidence of insurance on the City's Insurance Certificate Form or equivalent prior to the Closing Date. The receipt of any certificate does not constitute agreement by the City that the insurance requirements in this Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all Agreement requirements. The failure of the City to obtain certificates or other insurance evidence shall not be deemed to be a waiver by the City.
  2. The Park District shall advise all insurers of the provisions of this Agreement regarding insurance. Non-conforming insurance shall not relieve the Park District of the obligation to provide insurance as specified herein. Non-fulfillment of the insurance conditions may constitute a violation of this Agreement, and the City retains the right to stop work until proper evidence of insurance is provided, or this Agreement may be terminated.
  3. The required insurance shall provide for sixty (60) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non-renewed.
  4. Any and all deductibles or self insured retentions on referenced insurance coverages shall be borne by the Park District and its contractors.
 
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  1. The Park District agrees that insurers shall waive their rights of subrogation against the City, its employees, elected officials, agents, or representatives.
  2. The Park District expressly understands and agrees that any coverage and limits furnished by the Park District shall in no way limit the Park District's liabilities and responsibilities specified by this Agreement or by law.
  3. The Park District expressly understands and agrees that any insurance or self insurance programs maintained by the City shall not contribute with insurance provided by the Park District under this Agreement.
  4. 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.
  5. The Park District shall require all subcontractors to provide the insurance required herein and insurance customarily required by the Park District or the Park District may provide the required coverages for subcontractors. All subcontractors shall be subject to the same insurance requirements of the Park District unless otherwise specified herein. In all contracts relating to the Project, the Park District agrees to require the contractor to name the City as an additional insured on insurance coverages 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.
  6. The City's Risk Management Department maintains the right to modify, delete, alter or change these requirements.
 
SECTION 6. INDEMNIFICATION/NO PERSONAL LIABILITY.
 
6.1.    To the full extent of liability of a municipal corporation, unless precluded by the Local and Governmental Tort Immunity Act or the common law ofthe state of Illinois, the Park District agrees to defend, indemnify and hold the City, its officers and employees, harmless from and against any losses, costs, damages, liabilities, claims, suits, actions, causes of action and expenses, including, without limitation, reasonable attorney's fees and court costs, suffered or incurred by the City arising from or in connection with (i) the Park District's failure to comply with any of the terms, covenants and conditions contained in this Agreement; or (ii) the Park District's or any contractor's failure to pay general contractors, subcontractors or materialmen in connection with the Project. The defense and indemnification obligations in this Section 6.1 shall survive any termination or expiration of this Agreement.
 
 
 
8
 
 
6.2.    No elected or appointed official or member or employee or agent of the City or the Park District shall be individually or personally liable in connection with this Agreement.
 
SECTION 7. COMPLETION DEADLINE; DEFAULT.
  1. If the Park District, without the City's written consent, fails to complete the Project within 36 months (three years) after the date of execution of this Agreement, then the City may terminate this Agreement by providing written notice to the Park District.
  2. In the event the Park District fails to perform, keep or observe any of its covenants, conditions, promises, agreements or obligations under this Agreement not identified in Section 7.1 and such default is not cured as described in Section 7.3 hereof, the City may terminate this Agreement.
  3. Prior to termination, the City shall give its 30-day prior notice of intent to terminate at the address specified in Section 8.13 hereof, and shall state the nature ofthe default. In the event Park District does not cure such default within the 30-day notice period, such termination shall become effective at the end of such period; provided, however, with respect to those defaults which are not capable of being cured within such 30-day period, the Park District shall not be deemed to have committed such default and no termination shall occur if the Park District has commenced to cure the alleged default within such 30-day period and thereafter diligently and continuously prosecutes the cure ofsuch default until the same has been cured.
  4. The City may, in any court of competent jurisdiction, by any proceeding at law or in equity, secure the specific performance ofthe agreements contained herein, or may be awarded damages for failure of performance, or both.
 
SECTION 8. GENERAL PROVISIONS.
  1. Authority. Execution of this Agreement by the City is authorized by the Authorizing Ordinance. Execution of this Agreement by the Park District is authorized by the Park District Resolution. The Parties represent and warrant to each other that they have the authority to enter into this Agreement and perform their obligations hereunder.
  2. Assignment. This Agreement, or any portion thereof, shall not be assigned by either Party without the prior written consent of the other.
  3. Compliance with Laws. The Parties agree to comply with all federal, state and local laws, status, ordinances, rules, regulations, codes and executive orders relating to this Agreement.
  4. Consents. Whenever the consent or approval of one or both Parties to this Agreement is required hereunder, such consent or approval will not be unreasonably withheld.
 
9
 
  1. Construction of Words. As used in this Agreement, the singular of any word shall include the plural, and vice versa. Masculine, feminine and neuter pronouns shall be fully interchangeable, where the context so requires.
  2. Counterparts. This Agreement may be executed in several counterparts and by a different Party in separate counterparts, with the same effect as if all Parties had signed the same document. All such counterparts shall be deemed an original, shall be construed together and shall constitute one and the same instrument.
  3. Further Assurance. The Parties shall perform such acts, execute and deliver such instruments and documents, and do all such other things as may be reasonably necessary to accomplish the transactions contemplated in this Agreement.
  4. Governing, Law and Venue. This Agreement will be governed by and construed in accordance with the internal laws of the State of Illinois, without regard to the principles of conflicts of law thereof. If there is a lawsuit under this Agreement, each Party hereto agrees to submit to the jurisdiction of the courts of Cook County, the State of Illinois.
  5. Integration. This Agreement constitutes the entire agreement between the Parties, merges all discussions between them and supersedes and replaces any and every other prior or contemporaneous agreement, negotiation, understanding, commitments and writing with respect to such subject matter hereof.
  6. Parties' Interest/No Third Party Beneficiaries. This Agreement shall be binding upon the Parties, and their respective successors and permitted assigns (as provided herein) and shall inure to the benefit ofthe Parties, and their respective successors and permitted assigns (as provided herein). This Agreement shall not run to the benefit of, or be enforceable by, any person or entity other than a Party 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. Nothing contained in this Agreement and no act of the Parties shall be deemed or construed by the Parties or by third parties to create any relationship of third party beneficiary, principal, agent, limited or general partnership, joint venture, or any association or relationship involving any ofthe Parties.
  7. Modification or Amendment. This Agreement may not be altered, modified or amended except by a written instrument signed by both Parties.
  8. No Implied Waivers. No waiver by either Party of any breach of any provision of this Agreement will be a waiver of any continuing or succeeding breach of the breached provision, a waiver of the breached provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to, or demand on, either Party in any case will, of itself, entitle that Party to any further notice or demand in similar or other circumstances.
 
10
 
 
8.13.    Notices. 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) electronic communications, whether by telex, telegram, facsimile (fax); (c) overnight courier or (d) registered or certified first class mail, return receipt requested.
 
To the City:      City of Chicago
Department of Housing and Economic Development
Attention: Commissioner
City Hall, Room 1000
121 N. LaSalle Street
Chicago, Illinois 60602
(312) 744-4190
(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)
 
To the Park District:  Chicago Park District
Attention: General Superintendent 541 North Fairbanks Chicago, Illinois 60611 (312) 742-4200 (312) 742-5276 (Fax)
 
With a copy to:      Chicago Park District
General Counsel 541 North Fairbanks, Room 300 Chicago, Illinois 60611 (312) 742-4602 (312) 742-5316 (Fax)
 
Such addresses may be changed by notice to the other Party given in the same manner provided above. Any notice, demand or request sent pursuant to either clause (a) or (b) above shall be deemed received upon such personal service or dispatch. Any notice, demand or request sent pursuant to clause (c) above shall be deemed received on the day immediately following deposit
 
 
11
 
 
with the overnight courier and any notices, demands or requests sent pursuant to clause (d) above shall be deemed received two business days following deposit in the mail.
  1. Remedies Cumulative. The remedies of a Party hereunder are cumulative and the exercise of any one or more ofthe remedies provided for herein shall not be construed as a waiver of any other remedies of such Party unless specifically so provided herein.
  2. Representatives. Immediately upon execution of this Agreement, the following individuals will represent the Parties as a primary contact in all matters under this Agreement.
 
For the City:      Nelson Chueng
City of Chicago
Department of Housing and Economic Development
City Hall, Room 1101
121 N. LaSalle Street
Chicago, Illinois 60602
(312) 744-5756
(312) 744-7996 (Fax)
 
For the Park District: Rob Rejman
Chicago Park District
Director of Planning, Construction and Facilities 541 North Fairbanks Chicago, Illinois 60611 (312) 742-4685 (312) 742-5347 (Fax)
 
Each Party agrees to promptly notify the other Party of any change in its designated representative, which notice shall include the name, address, telephone number and fax number of the representative for such Party for the purpose hereof.
  1. Severability. If any provision of this Agreement, or the application thereof, to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect only if, after excluding the portion deemed to be unenforceable, the remaining terms shall provide for the consummation of the transactions contemplated hereby in substantially the same manner as originally set forth herein.
  2. Survival of Agreements. Except as otherwise contemplated by this Agreement, all covenants and agreements of the Parties contained in this Agreement will survive the consummation of the transactions contemplated hereby.
 
 
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8.18.      Titles and Headings. Titles and headings to paragraphs contained in this
Agreement are for convenience only and are not intended to limit, vary, define or expand the
content of this Agreement.
 
8.19.      Time. Time is of the essence in the performance of this Agreement.
 
 
 
[The remainder of this page is intentionally blank. Signatures appear on the following page.]
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
13
 
 
IN WITNESS WHEREOF, each ofthe Parties has caused this Agreement to be executed and delivered as of the date first above written.
 
CITY OF CHICAGO, a municipal corporation, by and through its Department of Housing and Economic Development
 
By:.
 
 
 
Andrew J. Mooney Commissioner
 
 
 
 
 
 
 
 
 
 
 
Attest:
 
 
Kantrice Ogletree Secretary
CHICAGO PARK DISTRICT, a body politic and corporate of the State of Illinois
 
 
By:      
Michael P. Kelly
General Superintendent and CEO
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
14
 
 
EXHIBIT A Legal Description
 
 
Site One
 
LOTS 19 TO 23, BOTH INCLUSIVE, AND A PART OF LOT 18 IN BLOCK 81 LYING EAST AND ADJOINING THE EAST DOCK LINE OF THE NORTH BRANCH OF THE CHICAGO RIVER AS NOW LOCATED IN RUSSELL, MATHER AND ROBERTS' SECOND ADDITION TO CHICAGO, BEING A SUBDIVISION OF THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF THE NORTH BRANCH OF THE CHICAGO RIVER, TOGETHER WITH
LOTS 19 TO 23 BOTH INCLUSIVE, AND A PART OF LOT 18 IN BLOCK 82 (EXCEPT THE EAST 30.00 FEET OF SAID LOTS USED AS ROBERTS STREET), IN RUSSEL, MATHER AND ROBERTS' SECOND ADDITION TO CHICAGO, BEING A SUBDIVISION OF THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF THE NORTH BRANCHOF THE CHICAGO RIVER, TOGETHER WITH
THE STRIP OF LAND 66.00 FEET IN WIDTH LYING BETWEEN THE AFORESAID LOTS 19 TO 23, BOTH INCLUSIVE, AND A PART OF LOT 18 IN SAID BLOCK 81 AND SAID LOTS 19 TO 23, BOTH INCLUSIVE, AND A PART OF LOT 18 IN SAID BLOCK 82 WHICH STRIP, FORMERLY KNOWN AS ROBERTS STREET, CONSTITUTES ALL OF THE LAND LYING BETWEEN SAID LOTS IN BLOCK 81 AND SAID LOTS IN BLOCK 82, ALL IN SAID RUSSEL, MATHER AND ROBERTS' SECOND ADDITION TO CHICAGO, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF N. LARRABEE STREET AND THE NORTH LINE OF W. ERIE STREET;
THENCE NORTH ALONG SAID WEST LINE OF N. LARRABEE STREET, A DISTANCE OF 206.14 FEET TO A POINT 85.18 FEET SOUTH OF THE INTERSECTION OF THE WESTERLY EXTENSION OF THE NORTH LINE OF W. HURON STREET;
THENCE WEST AT AN ANGLEOF 90 DEGREES 37 MINUTES 04 SECONDSTO THE RIGHT WITH THE LAST DESCRIBED LINE, A DISTANCE OF 216.63 FEET TO THE EASTERLY DOCK LINE OF THE NORTH BRANCH OF THE CHICAGO RIVER;
THENCE SOUTH ALONG SAID EASTERLY DOCK LINE ANT AN ANGLE OF 85 DEGREES 32 MINUTES 13 SECONDS TO THE RIGHT WITH THE LAST DESCRIBED LINE, A DISTANCE OF 32.01 FEET;
THENCE CONTINUING SOUTH ALONG SAID EASTERLY DOCK LINE AT AN ANGLE OF 175 DEGREES 56 MINUTES 24 SECONDS TO THE RIGHT WITH THE LAST DESCRIBED LINE, A DISTANCE OF 23.87 FEET;
THENCE CONTINUING SOUTH ALONG SAID EASTERLY DOCK LINE AT AN ANGLE OF 175 DEGREES 42 MINUTES 26 SECONDS TO THE LEFT WITH THE LAST DESCRIBED LINE, A DISTANCE OF 53.50 FEET;
THENCE CONTINUING SOUTHEASTERLY ALONG SAID EASTERLY DOCK LINE AT
 
 
AN ANGLE OF 149 DEGREES 00 MINUTES 44 SECONDS TO THE RIGHT WITH THE LAST DESCRIBED LINE, A DISTANCE OF 118.95 TO THE WESTERLY EXTENSION OF THE NORTH LINE OF W. ERIE STREET;
THENCE WEST ALONG SAID WESTERLY EXTENSION AT AN ANGEL OF 125 DEGREES 15 MINUTES AND 12 SECONDS TO THE RIGHT WITH THE LAST DESCRIBED LINE, A DISTANCE OF 140.28 FEET TO THE POINT OF THE BEGINNING, IN COOK COUNTY, ILLINOIS.
CONTAINING 40,000 SQUARE FEET (0.9183 ACRES) OF LAND, MORE OR LESS.
Site 2 PARCEL 1:
ALL THAT PART OF THE NORTH 109 FEET IN THE WIDTH OF BLOCK 2 IN ASSESSOR'S DIVISION SOUTH OF ERIE STREET AND EAST OF THE CHICAGO RIVER OF THE EAST 1/2 OF THE NORTHWEST 'A OF SECTION 9, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF CHICAGO, COOK COUNTY, ILLINOIS ACCORDING TO THE MAP OF SAID ASSESSOR'S DIVISION RECORDED IN BOOK 164 OF MAPS, PAGE 67 IN THE OFFICE OF THE RECORDER OF SAID COUNTY, LYING WESTERLY OF THE FOLLOWING DESCRIBED CURVED LINE:
BEGINNING AT A POINT IN THE NORTH SIDE OF SAID BLOCK 2 OF SAID ASSESSOR'S DIVISION 85.13 FEET WEST OF THE NORTHWEST CORNER OF SAID BLOCK 2 AS MEASURED ON THE NORTH SIDE LINE THEREOF; THENCE SOUTHEASTERLY CONVEX TO THE SOUTHWEST OF A RADIUS OF 1,684 FEET A DISTANCE OF 136.77 FEET TO A POINT IN THE SOUTH SIDE LINEOF SAID NORTH 109 FEET OF SAID BLOCK 2, 2.78 FEET WEST OF THE SOUTHEAST CORNEROF THE SAID NORTH 109 FEET OF SAID BLOCK 2 OF SAID ASSESSOR'S DIVISION BEING A PORTION OF THE LAND HERETOFOR CONVEYED BY CHARLES BREWSTER TO JASON C. EASTON BY CERTAIN WARRANTY DEED DATED OCTOBER 1, 1884 AND RECORDED NOVEMBER 12, 1884 IN BOOK 1586 OF DEEDS AT PAGE 87 IN THE OFFICE OF THE RECORDER OF COOK COUNTY AND SUBSEQUENTLY CONVEYED BY SAID JASON C. EASTON AND SARAH K. EASTON, HIS WIFE, TO THE CHICAGO AND EVANSTON RAILROAD COMPANY BY CERTAIN DEED DATED OCTOBER 30, 1885 AND RECORDED NOVEMBER 10, 1885 IN BOOK 1714 OF DEEDS ON PAGE 313 IN THE OFFICE OF THE RECORDER OF SAID COUNTY, IN COOK COUNTY, ILLINOIS. PARCEL 2:
BLOCK 2 (EXCEPT THE NORTH 109 FEET) IN ASSESSOR'S DIVISION OF THAT PART SOUTH OF ERIE STREET AND EAST OF THE NORTH BRANCH OF THE CHICAGO RIVER IN THE EAST 1/2 OF THE NORTHWEST % OF SECTION 9, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO LOTS 1 AND 2 (EXCEPT THAT PART CONVEYED TO THE CITY OF CHICAGO BY DOCUMENT NUMBER 4294754 AND EXCEPT THAT PART TAKEN FOR IMPROVEMENT OF THE NORTH BRANCH OF THE CHICAGO RIVER) ALSO LOTS 3 AND 4 (EXCEPT THAT PART TAKEN FOR IMPROVEMENT OF THE NORTH BRANCH OF THE CHICAGO RIVER), ALL IN BLOCK 80 IN RUSSELL, MATHER AND ROBERTS' SECOND ADDITION TO CHICAGO IN SECTION 9, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRS PRINCIPAL MERINIAN, AND BEING THE SAME LAND CONVEYED BY EARNEST U. SCHROBTER TO JOHN G. MCCULLOUGH, TRUSTEE, BY DEED DATED JUNE 2, 1913 AND RECORDED JUNE 11, 1913 AS DOCUMENT NUMBER 5204823 IN BLOCK 12432, PAGE 127 IN THE RECORDER'S OFFICE OF COOK COUNTY, ILLINOIS.
 
 
The legal description is subject to title commitment and survey, PIN division and consolidation, as necessary, plat of dedication, site configuration, vacation or dedication of streets and alleys as negotiated by the City of Chicago and Park District.
 
Common Address: 630 N. Kingsbury Street, Chicago PINs:
17-09-113-015 17-09-126-002 17-09-126-003 17-09-126-004 17-09-126-008 17-09-126-009
 
EXHIBIT B
 
Project Description
 
 
Project scope includes design and construction of a playground and a dog friendly area. The playground improvements will consist of playground equipment and additional swings, retaining wall, fencing, utility relocation and environmental work. The dog friendly area improvements will consist of hard surfacing, benches, seat wall, landscaping, environmental work, water service, drainage and associated utilities.
 
EXHIBIT C
 
Form of Requisition for Payment
 
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
 
The affiant, Chicago Park District (the "Park District"), an Illinois municipal corporation,
hereby certifies that with respect to that certain Intergovernmental Agreement between the Park
District and the City of Chicago dated      ,      (the "Agreement"):
  1. Expenditures for the Project, in the total amount of $      , have
been made:
  1. This paragraph B sets forth and is a true and complete statement of all costs of TIF-Funded Improvements for the Project reimbursed by the City to date:
$      
  1. The Park District requests reimbursement for the following cost of TIF-Funded
  2. Improvements: $      
  3. None ofthe costs referenced in paragraph C above have been previously reimbursed by the City.
E.      The Park District 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 Agreement are true and correct and the Park District 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 a Default, exists or has occurred.
  3. The Park District has approved all work and materials for the current request for a Requisition for Payment, and such work and materials conform to the Plans and Specifications.
  4. The Park District is in compliance with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, codes and executive orders, all as may be in effect from time to time, pertaining to or affecting the Project or the Park District as related thereto.
 
 
All capitalized terms which are not defined herein has the meanings given such terms in the Agreement.
 
 
Chicago Park District
 
 
By:      
Name
 
Title:
 
 
 
 
Subscribed and sworn before me this      day of
 
 
 
My commission expires:
 
 
Agreed and accepted:
 
 
Name
Title:      
City of Chicago
Department of Housing and Economic Development
 
EXHIBIT D
 
Project Budget; TIF-Funded Improvements
 
The total cost of the project is $750,000. In no event, however, shall funding from the Chicago/Kingsbury TIF Fund exceed $750,000.
Sources Budget:
City of Chicago (Chicago/Kingsbury TIF) $750,000
Uses Budget:
Dog friendly area      $200,000
Paving      $50,000
Drinking fountain      $20,000
Fencing      $15,000
Drainage      $15,000
Demolition      $20,000
Landscaping      $10,000
Benches      $15,000
Retaining wall      $12,000
Site amenities      $18,000
Design      $25,000
 
Playground expansion      $350,000
Demolition      $25,000
Drainage      $15,000
Landscaping      $25,000
Retaining wall      $40,000
Equipment      $160,000
Site amenities      $20,000
Fencing      $30,000
Benches      $15,000
Permits      $10,000
Design      $40,000
 
Environmental      $ 170,000
 
Total project costs =      $750,000
 
The Commissioner may approve changes to this preliminary budget.