ORDINANCE
WHEREAS, the City of Chicago (the "City") is a home rule unit of government by virtue of the provisions of the Constitution of the State of Illinois of 1970, and as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the City is the owner of the decommissioned 12lh District Police Station building and surrounding grounds located at 100 South Racine Avenue, Chicago, Cook County, Illinois (the "Property"); and
WHEREAS, by ordinance adopted on May 6, 2015, and published at pages 108379-108436 in the Journal of the Proceedings of the City Council of thei-City.of such date, the City Council of the City ("City Council") authorized the conveyance of the Property to the Chicago Children's Theatre, an Illinois not-for-profit corporation (the "Developer"); and
WHEREAS, the Developer proposes to rehabilitate and develop the Property to include two theaters, classrooms, support spaces, administrative offices, and underground parking; and
WHEREAS, the Developer and the City anticipate that the conveyance of the Property will be completed in early 2016; and
WHEREAS, the Developer wishes to begin remediation work on the Property prior to the completion of the conveyance of the Property; and
WHEREAS, the Developer has hired Pepper Environmental Technologies, Inc., an Illinois corporation (the "Licensee"), to conduct remediation work at the Property; and
WHEREAS, pursuant to Section 2-51-050(1) of the Municipal Code of Chicago, the Commissioner of the Department of Fleet and Facility Management has the authority to enter into right of entry agreements for up to 90 days each; and
WHEREAS, the City and Licensee have entered into a right of entry agreement to begin remediation work at the Property (the "Right of Entry Agreement"); and
WHEREAS, it is anticipated that Licensee's remediation work .will; require more than 90
days; and : 4- ¦
WHEREAS, pursuant to Section 2-51-050(1) of the Municipal Code; of Chicago, City
Council approval is required to extend the Right of Entry Agreement for 90. days beyond the
initial 90 day term; now, therefore, . X
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The foregoing recitals are hereby adopted as the findings of the City Council.
SECTION 2. The Commissioner of the Department of Fleet and'-Facility Management is authorized to execute an amendment to the Right of Entry Agreement to extend the term by 90 days; such amendment to be approved as to form and legality by-the Corporation Counsel in substantially the form attached hereto as Exhibit A.
SECTION 3. This ordinance shall take effect immediately upon its passage and approval.
EXHIBIT A
Amendment to Right of Entry Agreement
ROE NO. 3660
AMENDMENT TO RIGHT OF ENTRY AGREEMENT
THIS AMENDMENT TO RIGHT OF ENTRY AGREEMEN T (the "Amendment") is
made and effective as of 3 2015 by and between CITY OF CHICAGO, an
Illinois municipal corporation and home rule unit of government (the "City") and PEPPER ENVIRONMENTAL TECHNOLOGIES, INC., an Illinois corporation (the "Licensee").
RECITALS
WHEREAS, on October 15, 2015, City and Licensee executed that certain Right of Entry Agreement (the "Agreement") governing Licensee's access to 100 South Racine Avenue, Chicago, Illinois (the "Property"); and
WHEREAS, the Term of the Agreement expires January 3, 2016, and Licensee requires more time to complete the remediation work contemplated under the Agreement; and
WHEREAS, by ordinance adopted on , 2015, and -published at pages
- in the Journal of the Proceedings of the City Council of the City of such
date, the City Council authorized the extension of the Term of the Agreement by 90 days.
NOW THEREFORE, in consideration of the above recitals, and the mutual covenants and agreements contained herein, and for other good and valuable, consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
The foregoing recitals are hereby incorporated into and made a part of this Amendment by this reference.
The Term of the Agreement is hereby extended by ninety (90) days.
If any term, provision or condition of this Amendment is found to be or is rendered invalid or unenforceable, it shall not affect the remaining terms, provisions and conditions of this Amendment, and each and every other term, provision and condition of this Amendment shall be valid and enforceable to the fullest extent permitted by law.
This Amendment shall be governed, construed, applied and enforced in accordance with the laws of the State of Illinois.
This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original, arid all of such counterparts shall together constitute one Amendment.
6. City and Licensee further acknowledge and agree that, except to the extent hereinabove
• provided, the provisions of the Agreement remain-unmodified and in full force and effect.
This Amendment is hereby attached and made part of the Agreement and is specifically incorporated into the Agreement. To the extent any terms and provisions of this Amendment are inconsistent with the terms and provisions of the Agreement, the terms and provisions of this Amendment shall prevail.
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ROE NO. 3660
IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement as of the day and year first above written.
CITY OF CHICAGO,
an Illinois municipal corporation and home rule unit of government
Commissioner
Department of Fleet and Facility Management
Commissioner
Department of Planning and Development
PEPPER ENVIRONMENTAL TECHNOLOGIES, INC.,
an Illinois corporation
By:
Print Name: Title:
Approved as to form and legality:
Deputy Corporation Counsel Department of Law
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OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL MAYOR
November 18, 2015
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request of the Commissioner of Fleet and Facility Management, I transmit herewith an ordinance authorizing an extension of a previously executed right-of-entry agreement.
Your favorable consideration of this ordinance will be appreciated.
Mayor
Very truly yours,
JOSEPH A. MOORE
Alderman. 49th Ward 7356 North GreenviewAvenue Chicago, Illinois 60626 telephone 773-338-5796 ward49@cityofchicago.org www.ward49.com
CITY COUNCIL
CITY OF CHICAGO COUNCIL CHAMBER
City Hall, Room 200 121 North LaSalle Street Chicago. Illinois60602 Telephone 312-744-3067
COMMITTEE MEMBERSHIPS
HOUSING AND REAL ESTATE
Chairman
Budget and Government Operations
Committees. Rules ano Ethics
Education and Child Development
Finance
Health and Environmental Protection
Human Relations
Special Events. Cultural Affairs and Recreation
December 9, 2015
To the President and Members of the City Council:
Your Committee on Housing and Real Estate, for which a meeting was held on December 7, 2015, having had under consideration the appointment introduced by Mayor Rahm Emanuel on November 18, 2015, this being the extension of a right-of-entry agreement with the Chicago Housing Authority for 100 S. Racine Ave., begs leave to recommend that Your Honorable Body Approve said appointment transmitted herewith.
This recommendation was concurred in by a voice vote of all committee members present with no dissenting votes.
Respectfully submitted,
\Joseph A. Moore, Chairman Committee on Housing and Real Estate