Record #: O2013-9176   
Type: Ordinance Status: Passed
Intro date: 11/26/2013 Current Controlling Legislative Body: Committee on Finance
Final action: 12/11/2013
Title: Intergovernmental agreement with Chicago Transit Authority for provision of Tax Increment Financing (TIF) for Quincy Loop Station Project
Sponsors: Emanuel, Rahm
Topic: AGREEMENTS - Intergovernmental
Attachments: 1. O2013-9176.pdf
OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL MAYOR
November 26, 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 Transit Authority regarding improvements to the Quincy Street Station.
 
Your favorable consideration of this ordinance will be appreciated.
 
Very truly yours,
 
Mayor
 
ORDINANCE
 
WHEREAS, the City of Chicago (the "City") is a home rule municipality as described in Section 6(a), Article VII of the 1970 Constitution of the State of Illinois; and
 
WHEREAS, the Chicago Transit Authority (the "CTA") is a municipal corporation of the State of Illinois; and
 
WHEREAS, the City is authorized, under the provisions of the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq., as amended (the "Act"), to finance projects that eradicate blight conditions and conservation factors that could lead to blight through the use of tax increment allocation financing for redevelopment projects; and
 
WHEREAS, in accordance with the provisions of the Act, and pursuant to three ordinances adopted on November 15, 2006 and published at pages 92019-92114 of the Journal of Proceedings of the City Council (the "Journal") of such date, the City Council of the City: (i) approved a certain redevelopment plan and project (the "Plan") for the LaSalle/Central Redevelopment Project Area (the "Area") within the City; (ii) designated the Area as a redevelopment project area; and (iii) adopted tax increment allocation financing (the "TIF Adoption Ordinance") for the Area; and
 
WHEREAS, under the Act and the TIF Adoption Ordinance, certain ad valorem taxes are allocated and, when collected, are paid to the Treasurer of the City for deposit by the Treasurer into the LaSalle/Central TIF Fund established to pay redevelopment project costs incurred in the Area, which taxes may be used to pay all or a portion of the costs of construction of public improvements within the Area that are incurred or that are to be incurred in furtherance of the objectives of the Plan, to the extent the municipality by written agreement accepts and approves such costs; and
 
WHEREAS, pursuant to the Plan, the City may utilize revenues received under the Act from redevelopment project areas that are contiguous to, or separated by a public right of way from, the Area to pay eligible redevelopment project costs; and
 
WHEREAS, the CTA proposes to undertake the rehabilitation of its Quincy Loop rapid transit station (the "Project"), which project is located within the Area; and
 
WHEREAS, the CTA has requested tax increment allocation financing funds assistance (the "City Contribution") from the City's Department of Housing and Economic Development ("HED") to support portions of the cost of the Project, and the City desires to provide such assistance; and
 
WHEREAS, the parties propose to enter into an intergovernmental agreement ("Agreement") authorizing and setting conditions on providing the City Contribution for the Project; and
 
 
 
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WHEREAS, the parties propose to enter into the Agreement under the provisions of the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; and
 
WHEREAS, on August 14, 2013, the Chicago Transit Board enacted an ordinance authorizing the CTA to enter into the Agreement; now, therefore,
 
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
 
SECTION 1. The above recitals are incorporated by reference as if fully set forth herein.
 
SECTION 2. Subject to the approval of the Corporation Counsel as to form and legality, the Commissioner of HED ("Commissioner") or his or her delegate is hereby authorized to execute and deliver the Agreement with the CTA in substantially the form attached hereto as Exhibit A. with such changes therein as the Commissioner may approve, provided that such changes do not amend any essential terms of the Agreement (execution of the Agreement by the Commissioner or his or her delegate constituting conclusive evidence of such approval), and to enter into and execute all such other agreements and instruments and to perform any and all acts as shall be necessary or advisable in connection with the implementation of the Agreement.
 
SECTION 3. To the extent that any current ordinance, resolution, rule, order or provision of the Municipal Code of Chicago, or part thereof, is in conflict with the provisions of this ordinance, the provisions of this ordinance shall control. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause, or provision shall not affect any of the other provisions of this ordinance.
 
SECTION 4. This ordinance shall be in full force and effect from and after the date of its passage and approval.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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EXHIBIT A
 
Agreement
 
 
[see attached]
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CHICAGOAND CHICAGO TRANSIT AUTHORITY
FOR
TAX INCREMENT FINANCING FOR THE CTA QUINCY LOOP STATION PROJECT
 
This Intergovernmental Agreement (the "Agreement") is entered into as of      ,
20      (the "Closing Date") by and between the City of Chicago, a municipal corporation (the
"City"), acting through its Department of Housing and Economic Development ("HED"), and the Chicago Transit Authority ("CTA"), an Illinois municipal corporation duly organized and existing under the laws of the State of Illinois.
 
WHEREAS, the City is a home rule unit of government under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
 
WHEREAS, the City is authorized, under the provisions of the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq., as amended (the "Act"), to finance projects that eradicate blight conditions and conservation factors that could lead to blight through the use of tax increment allocation financing for redevelopment projects; and
 
WHEREAS, in accordance with the provisions of the Act, and pursuant to the ordinances adopted on November 15, 2006 and published at pages 92019-92114 of the Journal of Proceedings of the City Council (the "Journal") of such date, as amended by an ordinance adopted on February 7, 2007 and published at pages 97850-97855 of the Journal of such date, and as further amended by an ordinance adopted on May 9, 2007 and published at pages 104253-104259 of the Journal of such date, the City Council of the City: (i) approved a certain redevelopment plan and project (the "Plan") for the LaSalle/Central Redevelopment Project Area (the "Area") within the City; (ii) designated the Area as a redevelopment project area; and (iii) adopted tax increment allocation financing (the "TIF Adoption Ordinance") for the Area; and
 
WHEREAS, under the Act and the TIF Adoption Ordinance, certain taxes are allocated and, when collected, are paid to the Treasurer of the City for deposit by the Treasurer into the LaSalle/Central TIF Fund established to pay redevelopment project costs incurred in the Area, which taxes may be used to pay all or a portion of the costs of construction of public improvements within the Area that are incurred or that are to be incurred in furtherance of the objectives of the Plan, to the extent the municipality by written agreement accepts and approves such costs; and
 
WHEREAS, pursuant to the Plan, certain TIF-funded City programs and redevelopment agreements have been established by the City Council of the City as of the Closing Date, which programs and agreements pledge portions of the LaSalle/Central TIF Fund (collectively, the "Prior Obligations"); and
 
WHEREAS, the CTA proposes to undertake the rehabilitation of its Quincy Loop rapid transit station (the "Project"), which project is located within the Area, and which is described in more detail in Exhibit A, incorporated and attached hereto; and
 
WHEREAS, the City and the CTA have agreed that the City will pay not more than
 
 
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$15,700,000 toward the CTA's costs of the Project (the "City Contribution") from Available Incremental Taxes (as defined below) or from any other source of funds available to and selected by the City; and
 
WHEREAS, the Project is the type of public improvement that is contemplated by the Plan, and therefore the costs of the Project qualify as redevelopment project costs under the Plan as defined in Section 5/11-74.4-3(q) of the Act; and
 
WHEREAS, the City and the CTA wish to enter into this Agreement; and
 
WHEREAS, the City and the CTA have authority to enter into this Agreement pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., and
 
WHEREAS, on      , 2013, the City Council enacted an ordinance (the
"Authorizing Ordinance") authorizing the execution of this Agreement; and
 
WHEREAS, August 14, 2013, the Chicago Transit Board passed an ordinance (the "CTA Ordinance") authorizing the execution of this Agreement;
 
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. RECITALS
The foregoing recitals are hereby incorporated into this Agreement by reference. SECTION 2. [intentionally omitted] SECTION 3. THE PROJECT
  1. The parties acknowledge that preliminary planning activities.for the Project shall begin in 2013, design of the Project shall begin in 2014, and the Project shall be completed no later than December 31, 2020.
  2. The CTA shall provide the City any plans and specifications pertaining to the Project that the City may reasonably request from time to time during the Term of this Agreement, and shall notify HED of any significant changes to said plans.
  3. The CTA hereby certifies that the Project has to date and shall continue to comply with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, codes and executive orders as may be in effect at the time of the Project's construction and completion.
  4. The CTA hereby certifies to the City that the City Contribution, together with available CTA funds, shall be sufficient to complete the Project.
 
SECTION 4. FINANCING
 
 
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(a) City Funds (as defined below) shall be used only to pay the CTA for its costs of TIF-Eligible Improvements, contingent upon receipt by the City of documentation satisfactory in form and substance to HED evidencing such costs. "TIF-Eligible Improvements" means those improvements of the Project which (i) qualify as Redevelopment Project Costs as defined in the Act, (ii) are eligible costs under the Plan, and (iii) the City has agreed to pay for out of the City Funds, subject to the terms of this Agreement. The City agrees that Exhibit A hereto represents certain TIF-Eligible Improvements for the Project and sets forth, by approximate line item amounts, the minimum amount of TIF-Eligible Improvements the CTA plans for the Project. The CTA may implement changes to the Project that cause variations in the line item amounts shown on Exhibit A, provided that all the changes qualify as TIF-Eligible Improvements.
  1. Subject to the terms and conditions of this Agreement, the City shall pay to the CTA an amount not to exceed $15,700,000 in City funds from Available Incremental Taxes ("City Funds") to pay the City Contribution toward the Project Costs. If the Project Costs total less than $15,700,000, then the maximum the City shall be liable for under this Agreement is 100% of those Project Costs that constitute TIF-Eligible Improvements. If the actual Project Costs exceed $15,700,000, then the CTA shall be solely responsible for such excess costs.
  2. "Available Incremental Taxes" means such taxes which, pursuant to the TIF Adoption Ordinance and Section 5/11-74.4-8(b) of the Act, are allocated to and when collected are paid to the Treasurer of the City of Chicago for deposit by the Treasurer into the LaSalle/Central TIF Fund established to pay Redevelopment Project Costs and obligations incurred in the payment thereof, and which are not encumbered or pledged for the payment of Prior Obligations.
  3. The City warrants that it has available and has segregated on the books of the City an amount of City Funds sufficient to make the City Contribution, and covenants that the City Funds will not be used for any purpose other than the City Contribution during the Term of this Agreement.
  4. The City Funds being provided hereunder are being granted on a conditional basis, subject to the CTA's compliance with the provisions of this Agreement.
  5. Only those expenditures made by CTA with respect to the Project prior to the Closing Date hereof, evidenced by documentation satisfactory to HED and approved by HED as satisfying costs covered in the budget for the Project, shall be considered as previously contributed CTA funds ("Prior Expenditures"). Exhibit D hereto sets forth the prior expenditures approved by HED as of the date hereof as Prior Expenditures.
 
SECTION 5. PAYMENT
 
(a) The CTA shall prepare and provide to HED, on a quarterly basis, in advance, the estimated amounts of City Funds that will be required to pay the costs of the Project during the next succeeding ninety (90) days ("Request for Advancement"). All Requests for Advancement will be prepared on the form attached as Exhibit C hereto. Requests for Advancement shall consist solely of likely expenditures that qualify as TIF-Eligible Improvements, such as design and planning fees and rehabilitation construction costs. Each Request for Advancement is subject to written approval of HED. Within 60 days following receipt of a Request for Advancement and its approval by HED, HED shall process the Request for Advancement and
 
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remit such amount of City Funds to the CTA, or such amount of City Funds as approved by HED. In the event that City Funds have not been paid to the CTA within 60 days following the receipt of such Request for Advancement, the CTA shall have the right to suspend its performance under this Agreement until payment is received.
  1. The CTA will deposit such funds in a segregated sub-account it controls and will use such funds to pay TIF-Eligible Improvements costs of the Project from time to time. The CTA shall provide the City with a cash flow analysis of the segregated sub-account for the Project upon request.
  2. Any balance remaining in the segregated sub-account 90 days after the date of final completion of the Project shall be promptly repaid to the City upon demand of HED.
  3. Once per quarter, the CTA shall submit documentation to HED substantiating its applicable incurrence and payment, during the prior 90 days, of Redevelopment Project Costs (including TIF-Eligible Improvements). In addition to the items expressly set forth therein, such documentation shall constitute a certification to the City that:
  1. the costs represent the actual amount already incurred by the CTA for its own work or incurred by the CTA by its general contractor(s), subcontractors or other parties who have performed work on or otherwise provided goods or services in connection with the Project for the CTA;
  2. the CTA has approved all work and materials for the Project reflected in the report; and
    1. the work was performed in accordance with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, codes and executive orders at the time of its completion.
 
HED shall review each report for, among other things, evidence that the CTA incurred and paid TIF-Eligible Expenditures in an amount that equals or exceeds the amount of City Funds that had been pre-paid to the CTA prior to that time, and HED shall inform the CTA of any questions or comments about same as soon as practicable.
 
SECTION 6. TERM
 
The term of this Agreement ("Term") shall commence on the Closing Date and shall expire on December 31, 2020 or on the date of termination of this Agreement according to its terms, whichever occurs first.
 
SECTION 7. ENVIRONMENTAL MATTERS: SAFETY; INSPECTION
  1. The City makes no covenant, representation or warranty as to the environmental condition of the Project or the suitability of the Project for any public rapid transit use whatsoever.
  2. The CTA shall be solely responsible for the safety and protection of the public in connection with the Project.
 
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(c) The City reserves the right to inspect the Project from time to time as it is being undertaken or after its completion.
 
SECTION 8. INSURANCE
  1. The CTA is self-insured. During the term of this Agreement, the CTA shall provide and maintain, at the CTA's own expense, or cause to be provided, insurance or self-insurance equivalent to the coverages and requirements specified below concerning all operations related to this Agreement.
  2. 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.
  3. Commercial General Liability (Primary and Umbrella). Commercial General Liability Insurance or equivalent self-insurance 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. The City of Chicago will be considered an additional insured on a primary, non-contributory basis for any liability arising directly from the work. For those contracts already let or for work already performed prior to the Closing Date, the CTA shall recognize the City of Chicago as an additional insured on a primary, non-contributory basis for any liability arising directly from such work.
  4. Automobile Liability (Primary and Umbrella). When any motor vehicles (owned, non-owned and hired) are used in connection with work to be performed, the CTA shall provide self-insured Automobile Liability coverage with limits of not less than $1,000,000 per occurrence for bodily injury and property damage.
  5. Professional Liability. When any architects, engineers or professional consultants engaged by the CTA perform work in connection with this Agreement, the CTA shall provide self-insured Professional Liability covering acts, errors, or omissions with limits of not less than $1,000,000.
  6. Prior to the Closing Date, the CTA will furnish the City a letter of self insurance evidencing the required coverage to be in force on the Closing Date. After the Closing Date, the CTA will furnish the City similar evidence if the coverages change from self-insurance to purchased insurance during the term of this Agreement and prior to the completion of the Project. The receipt of any self-insurance does not constitute agreement by the City that the insurance requirements in this Agreement have been fully met or that the self-insurance is in compliance with all Agreement requirements.
  7. Non-conforming self-insurance shall not relieve the CTA of the obligation to provide or cause to be provided insurance as specified herein. Nonfulfillment of the insurance conditions may constitute a violation of this Agreement, and the City retains the right to stop the CTA's work until proper evidence of insurance is provided, or this Agreement may be terminated.
 
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(h)      The required general liability self-insurance shall provide for sixty (60) days prior
written notice to be given to the City or the CTA in the event coverage is substantially changed,
canceled, or non-renewed. The CTA shall promptly notify the City in the event the CTA
receives any such notice.
 
(i)      Any and all self-insured retentions on referenced insurance coverages shall be borne
by the CTA and its contractors.
 
(j) The CTA shall waive its rights of subrogation against the City, its employees, elected officials, agents, or representatives.
 
(k) The CTA expressly understands and agrees that any coverage and limits furnished by the CTA shall in no way limit the CTA's liabilities and responsibilities specified by this Agreement or by law.
 
(I) The CTA expressly understands and agrees that any insurance or self insurance programs maintained by the City shall not contribute with insurance provided by the CTA under this Agreement.
 
(m) The required self-insurance shall not be limited by any limitations expressed in the indemnification language herein or any limitation placed on the indemnity therein given as a matter of law.
 
(n) The CTA shall require all contractors for the Project to provide the insurance required herein or the CTA may provide the coverages for contractors. All contractors shall be subject to the same insurance requirements as is the CTA unless otherwise specified herein. In all contracts relating to the Project that are let after the Closing Date, the CTA agrees to require the contractor to name the City as an additional insured on insurance coverages as provided above and to require the contractor to indemnify the City from all claims, damages, demands, losses, suits, actions, judgments and expenses including but not limited to attorney's fees arising out of or resulting from work on the Project by the contractor or contractor's suppliers, employees, or agents.
 
SECTION 9. EMPLOYMENT OBLIGATIONS
 
9.01 Employment Opportunity. CTA, on behalf of itself and its successors and assigns, hereby agrees, and shall contractually obligate its general contractors, subcontractors or any Affiliate of the CTA operating in connection with the Project (collectively, with CTA, the "Employers" and individually an "Employer") to agree, that for the Term of this Agreement with respect to CTA and during the period of any other party's provision of services to CTA in connection with the construction of the Project, to the extent not in conflict with CTA's procurement requirements or applicable federal and state law:
 
(a) No Employer shall discriminate against any employee or applicant for employment based upon race, religion, color, sex, national origin or ancestry, age, handicap or disability, sexual orientation, military discharge status, marital status, parental status or source of income as defined in the City of Chicago Human Rights Ordinance, Chapter 2-160, Section 2-160-010 et seq., Municipal Code, except as otherwise provided by said ordinance and as amended from
 
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time to time ("Human Rights Ordinance"). Each Employer shall take affirmative action to ensure that applicants are hired and employed without discrimination based upon race, religion, color, sex, national origin or ancestry, age, handicap or disability, sexual orientation, military discharge status, marital status, parental status or source of income and are treated in a nondiscriminatory manner with regard to all job-related matters, including without limitation: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Each Employer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. In addition, the Employers, in all solicitations or advertisements for employees, shall state that all qualified applicants shall receive consideration for employment without discrimination based upon race, religion, color, sex, national origin or ancestry, age, handicap or disability, sexual orientation, military discharge status, marital status, parental status or source of income.
  1. As required by 49 U.S.C. 5332 (which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity), by Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, and by U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act," 49 CFR part 21 at 21.7, the Employer ensures that it will comply with all requirements imposed by or issued pursuant to 49 U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR part 21, so that no person in the United States, on the basis of race, color, national origin, creed, sex, or age will be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in any program or activity (particularly in the level and quality of transportation services and transportation-related benefits) for which the Employer receives Federal assistance awarded by the U.S. DOT or FTA.
  2. Each Employer shall comply with all federal, state and local equal employment and affirmative action statutes, rules and regulations, including but not limited to the City's Human Rights Ordinance and the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq., and any subsequent amendments and regulations promulgated thereto.
  3. Each Employer, in order to demonstrate compliance with the terms of this Section, shall cooperate with and promptly and accurately respond to inquiries by the City, which has the responsibility to observe and report compliance with equal employment opportunity regulations of federal, state and municipal agencies.
  4. Each Employer shall include the foregoing provisions of subparagraphs (a) through (d) in every contract entered into in connection with the Project, and shall require inclusion of these provisions in every subcontract entered into by any subcontractors, and every agreement with any Affiliate undertaking any portion of the Project, so that each such provision shall be binding upon each contractor, subcontractor or Affiliate, as the case may be.
  1. Construction Worker Hours. The CTA may have affirmative action requirements or goals for the Project that impose construction worker hours participation by utilization of minorities and women, respectively. The CTA shall comply, and shall cause its general contractors to comply, therewith.
    1. [intentionally omitted.]
 
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9.04 DBE Requirements. The CTA agrees to require all contractors to comply with applicable DBE requirements provided in the contracts related to the Project.
 
For purposes of this Section 9.04, "DBE(s)" shall mean disadvantaged business enterprises certified as such by the Illinois Universal Certification Program, of which CTA is a member, pursuant to the U.S. Department of Transportation regulations set forth at 49 CFR Part 26.
 
SECTION 10. INDEMNIFICATION
 
Except for the City's own negligence or wrongful acts, the CTA shall release, indemnify and hold harmless, to the maximum extent permitted by law, the City and its officials, employees and agents (the "City Indemnitees") from and against any and all claims, suits, liabilities, losses and damages, including court costs and attorneys' fees and expenses incidental thereto, of whatever nature, arising out of or in connection with the CTA's construction of the Project, and any failure of performance or negligent or wrongful performance by the CTA, or any contractor or subcontractor for the CTA, and their respective officers, agents or employees, in connection with the Project, including, but not limited to, claims for damage to property, and/or injury to or death of any person or persons.
SECTION 11. NOTICES
 
(a)      All notices and demands by the CTA to the City shall be in writing and shall be
delivered personally or sent by United States mail or reputable overnight or same day courier
service, postage prepaid, addressed to the City as specified below, or to such other address as
the City may from time to time designate by notice to the CTA hereunder:
 
To the City:      City of Chicago
Department of Housing and Economic Development
Attention: Commissioner
City Hall, Room 1000
121 N. LaSalle Street
Chicago, Illinois 60602
(312) 744-9476
(312) 744-2271 (Fax)
With copies to:      City of Chicago
Department of Law
Attention: Finance and Economic Development Division
City Hall, Room 600
121 N. LaSalle Street
Chicago, Illinois 60602
(312)744-0200
(312) 744-8538 (Fax)
 
(b)      All notices and demands by the City to the CTA shall be in writing and shall be
delivered personally or sent by United States mail or reputable overnight or same day courier
 
 
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service, postage prepaid, addressed to the CTA as specified below, or to such other address as the CTA may from time to time designate by notice to the City hereunder:
 
To the CTA: President
Chicago Transit Authority 567 W. Lake Street Chicago, IL 60661 (312)681-5000 (312) 681-5005 (Fax)
 
With copies to:        General Counsel
Chicago Transit Authority 567 W. Lake Street Chicago, IL 60661 (312) 681-2900
 
SECTION 12. GENERAL PROVISIONS
  1. This Agreement constitutes the entire understanding of the parties with respect to the Project and the payment of the City Contribution, and no representations or promises have been made that are not fully set forth herein. The parties understand and agree that no modification of this Agreement shall be binding unless duly accepted and executed by both parties in writing.
  2. This Agreement will be governed in all respects in accordance with the laws of the State of Illinois. A court located in Chicago, Illinois, will hear any disputes which arise hereunder.
  3. Any headings of this Agreement are for convenience of reference only and do not define or limit the provisions of this Agreement. Words of any gender will be deemed and construed to include correlative words of the other genders. Words importing the singular number shall include the plural number and vice versa, unless the context shall otherwise indicate. All references to any exhibit or document will be deemed to include all supplements and/or amendments to any such exhibits or documents entered into in accordance with the terms hereof and thereof. All references to any person or entity will be deemed to include any person or entity succeeding to the rights, duties, and obligations of such person or entity in accordance with the terms of this Agreement.
  4. The invalidity of any one or more phrases, sentences, clauses, or sections contained in this Agreement shall not affect the remaining portions of this Agreement or any part hereof.
  5. This Agreement may be executed in one or more counterparts, and all such counterparts will constitute one and the same Agreement.
 
[the remainder of this page is intentionally blank]
 
 
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, through their duly authorized representatives, as of the date set forth at the beginning of this Agreement.
 
 
CITY OF CHICAGO, a municipal corporation, through its Department of Housing and Economic Development
 
 
 
 
Andrew J. Mooney, Commissioner
 
 
 
 
CHICAGO TRANSIT AUTHORITY, a municipal corporation
 
 
 
 
Terry Peterson, Chairman
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Exhibit A Project Description and Budget [see attached]
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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PROJECT DESCRIPTION
 
 
Quincy Loop Station Improvements Scope Outline
 
The CTA will receive $15,700,000 of Tax Increment Financing (TIF) District funds for improvements at the Quincy Loop Station. The work will primarily consist of repairs and renewals as well as improvement efforts to make the station accessible.
Primary Scope:
 
Improvements will include the addition of two elevators. In addition, this project will repair, repaint and refinish interior elements throughout the station houses, and will also paint the exterior of the station houses. The visible structural elements will be abated for lead-based paint and repainted, and the stairway framing will be replaced where required. Lighting will be upgraded and the canopy roof will be repaired where necessary. Cleaning, patching and painting of the canopy structure are also included, along with bird abatement in order to maintain cleanliness on the platform. Please see Project budget attached.
 
 
 
 
PROJECT BUDGET
 
[see next page]
 
Quincy Loop Station - TIF-Eligible Improvements Budget - November 2013
 
CTA Engineering and General Office CTA Field Forces Professional Service Contracts
  1. Engineering
  2. Construction Manager
  3. Program Management Contract Construction
  1. New Elevators / ADA access improvement
  2. Replacement of entrance stairs
 
 
 
 
$
"$"
V $
T
 
 
 
 
1,652,632 7,239,474; 413,158
 
5,784,211 743,684
413,158 413,158 3,305,263
 
 
 
 
$ 8,263,158
  2. Station house improvements, including cleaning, painting, replacement of windows and doors, and bird abatement / protection
D.      Lighting Improvements, including canopy, station houses, platform, mezzanine, and stairs; New electrical service.
 
;E. Repair/painting of mezzanine historic ceilings, new signage, painting of platform rails and stringers, and misc. abatement and painting
CTA Support Services Project Contingency
$ 165,263 $ 413,158:
 
 
$ 1,156,842
 
 
 
 
 
 
 
 
 
 
$ 165,263 $ 3,140,000
 
$ 15,700,000
Total TIF-Eligible Improvements
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Exhibit B
 
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Exhibit C
 
 
Request for Advancement of City Funds
 
 
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
 
 
The Chicago Transit Authority (the "CTA"), hereby certifies that with respect to that
certain Intergovernmental Agreement for the Rehabilitation of the CTA Quincy Loop Station
between the CTA and the City of Chicago dated as of      (the "Agreement"):
  1. Total costs for the Project (whether or not TIF-Eligible) through      ■ have
accrued in the total amount of:
 
$      
  1. This paragraph B sets forth and is a true and complete statement of all costs of TIF-
Eligible Improvements for the Project incurred by the CTA through      (whether or
not City Funds have paid for any portion hereof):
 
 
$      
C.The CTA anticipates that the following amount of TIF-Eligible Improvements will be incurred by it in connection with the Project during the next calendar quarter, which runs from
      to       :
 
 
 
$      
D.The CTA requests that the City make an advance payment of City Funds to the CTA in the amount of:
 
 
$.
 
E.The CTA hereby certifies and covenants to the City that, as of the date hereof:
(i) the pending work that is the subject of the advancement request herein will be performed in accordance with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, codes and executive orders; and
 
 
 
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(ii) the representations and warranties contained in the Agreement are true and correct and the CTA is in compliance with all applicable covenants contained therein.
 
All capitalized terms which are not defined herein have the meanings given such terms in the Agreement.
 
 
 
Chicago Transit Authority, an Illinois municipal corporation
 
 
 
By:      
Name
Title:      
 
 
 
Subscribed and sworn before me this            day of      ,      
 
 
 
My commission expires:      
 
 
 
 
 
Agreed and accepted:
 
City of Chicago, by and through its Department of Housing and Economic Development
 
 
 
 
[name and title]
 
 
Date:       
 
 
 
 
 
 
 
 
 
 
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Exhibit D Prior CTA Expenditures
 
None.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Exhibit E
CTA's DBE Special Conditions of Contract [Will be attached in the event federal grant funds are applied to the Project]
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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