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Type:
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Ordinance
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Status:
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Passed
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Title:
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Public way easement agreement with 535 N Michigan Venture LLC and 160 E Grand Ave Associates LLC for construction of publicly accessible deck structure with pedestrian promenade adjacent to 535 N Michigan Ave
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Topic:
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AGREEMENTS - Easement
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Chicago Department of Transportation CITY OF CHICAGO 02/10/2020 Mr. Mark A. Flessner Corporation Counsel Room 600 - City Hall Chicago, IL 60602-1289 Attention: Ms. Lisa Misher Chief Assistant Corporation Counsel Re: Cross Easements Between the City and 535 N. Michigan Venture /160 E. Grand Assoc. SUBSTITUTE Ordinance for File: 10-42-19-3910 Dear Mr. Flessner: We are transmitting herewith for your review and approval as to form and legality an original and three (3) copies of a proposed agreement for easements between the City of Chicago and 2 private owners for construction of a deck and publicly available elevator to access public way. The location of the easement is in the block bounded by N. Michigan Avenue, N. St. Clair Street, E. Ohio Street and E. Grand Avenue in the 42nd Ward. The people to contact in connection with this proposed ordinance are CDOT Program Manager William Higgins at 312-744-7189 and Attorney Arthur Dolinsky at 744-8731. TC: WH: RD cc: Alderman Howard Brookins Alderman Brendan Reilly (42) Sandra Foreman/w Attach. Dwg.-s.f. & Ord.(3) file copies Maps & Plats 30 NORTH LASALLE STREET, SUITE 1100, CHICAGO, ILLINOIS 60602 SUBSTITUTE ORDINANCE WHEREAS, the City of Chicago ("City") is a home rule unit of government by virtue of the provisions ofthe Constitution ofthe State of Illinois of 1970, and, as such, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, 535 North Michigan Venture, LLC, a Delaware limited liability company ("Michigan Owner") is the owner of the property legally described in Exhibit A which is attached and incorporated ("Michigan Abutting Property"); and WHEREAS, 160 E. Grand Avenue Associates, LLC, a Delaware limited liability company ("Grand Owner") (Michigan Owner and Grand Owner are hereinafter collectively referred to as the "Grantees."), is the owner of the property legally described in Exhibit B which is attached and incorporated ("Grand Abutting Property") (collectively, the Grand Abutting Property and Michigan Abutting Property are known as "Abutting Properties"); and WHEREAS, the Grantees have jointly proposed to construct, install and maintain an approximately twenty (20) foot wide publicly accessible deck structure with a pedestrian promenade to be built over the Grand Avenue public way adjoining the Abutting Properties and Upper Michigan Avenue with one (1) publicly accessible stairway and an elevator and building space needed for public access to the elevator, all as currently exists in the Grand Abutting Property ("Elevator") to provide pedestrian access between Upper Michigan Avenue and lower level Grand Avenue, in accordance with the drawing attached and incorporated as Exhibit C ("Project"); and WHEREAS, the Project will have the effect of improving pedestrian access between upper Michigan and lower Grand Avenues and will benefit the Abutting Properties by improving access and visibility for commercial and other tenants and improving the value of the Abutting Properties; and WHEREAS, the Project will require the use of a portion of the east Grand Avenue public way, including the air space in and above the street and sidewalk in such public way; and WHEREAS, the City and Grantees desire to grant mutual easements for the Project; WHEREAS, upon due investigation and consideration by the City's Department of Transportation, the Commissioner of the Department of Transportation (the "Commissioner") has determined that the public interest now warrants the execution of the mutual easements described in this ordinance; now, therefore, 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 or a designee of the Commissioner is each hereby authorized, with the approval of the City's Corporation Counsel as to form and legality, to enter into a Public Way Easement Agreement in substantially the form attached hereto as Exhibit D, and to negotiate, execute and deliver such other supporting documents as may be necessary or appropriate to carry out and comply with the provisions of the Pubic Way Easement Agreement, with such changes, deletions and insertions as shall be approved by the persons executing the Public Way Easement Agreement. SECTION 3. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance. SECTION 4. All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict. SECTION 5. This ordinance shall take effect immediately upon its passage and publication. Approved as to Form and Legality: Arthur Dolinsky Senior Counsel Introduced By: Honorable Brendan Reilly Alderman, 42nd Ward Exhibit A to Ordinance Legal Description of Michigan Abutting Property Exhibit A to Ordinance Legal Description of Michigan Abutting Property That part of the following described and sjics lying above i horizontal plana (being the floor of ths third floor) whish has aa elevation of 3LS3 faet with relation to Chicago City Datua and lying below a horizontal plane (bei-=S the roof of the penthouse) which has aa elevation of 3^7.W feet with relation to Chisago City Datun to wit: 'an area and sra:: including a portion of a 33 s"<=ry building with penthouse, basenent and second 'basenent described as the South 63.0 feet cf lets 7,9 and 9 in the Assessor's Division of the Scuth half and tne Last 100 fest of the Horth half of Stock 21 of Kinnie's Addition ta Chicagc, being a Subdivision of the North fraction ef Section 10, Township 39 Hcrth, Hangs lb Sast ofthe Third Principal Meridian, all in Cock County, Illinois. Description of Cor.doiiiniur. Property - ?arcsi 2 That "f «he following dsacri'bed area and space lying abovs a horizontal plane (being the floor of the first floor ) which has an elevation of 22.30 feet with relation to Chicago City Datun and lying below a hcrisontai plane (being the celling of the first floor) whish has an elevation of 36.23 feet with relation to Chicago City Datun to wit: a portion of a 33 story building with bzseaent and second ease- ment described as caicaencing at the northeast ccmer of let 7 in the Assessor's Division cf the Scuth half and the Sast 100 feet of the Hcrth half ef 31oek 21 of Kinzie's Addition to Chicago, being a Subdivision of the Horth fraction cf Section 10, Township J) North, 2ange IU Sast of ths Third ?ri.neiptl Keridian; thence South along the last line of said Lot 7 fir.5 fest; thenca West parallel to the South line of Lots 7, 3 and 9 In the aforesaid Subdivision 35.-?2 feet to ths poir.t of beginning of the area herein described; thence continue West along said parallel line 23.SO feet to a pcint; thence Ncrth 4S3 fset to a point; thsnce Sast 0.23 feet to a point; thencs Horth 3.33 feet to a point; thence West -SV.CO fset to a paint; thence South feet to a point; thence West aso fest to a poist; thence Southto a paint; thence Sast 7033 zest to a point; thence North 3Z.S5 fset to the point of beginning, all in Cook County, Illinois. ALSO That part of the following dsacri'bed arsa and space lying above a horizontal plane (being the celling .of the first taseaer.t ) which has an elevation cf 22.02 feet with relation to Chicago City Datum and lying below a horizontal plane (being the floor ¦ of the first floor) which has an elevation of 23.30 feet with relation to Chicago City Datun. to wit: a portion of a 33 story building with baseoer.t and second basement described as cornenciag at the northeast comer of Let 7 in the Assessor's Division of the South half and the Sast ICO feet of the Hcrth half of.jlock 21 of Kinzie's Addition to Chicago, being a Subiivisicn of the Horth fraction of Section 10, Township 39 North, ?.ange 1^ last of the Third rrincipal Keridian; therse South along the last line of said Lot 7 5^.5 feet; thenca West parallel to the South line of Lets 7, 8 a.-;d 9 in the aforesaid Subdivision £5.£C feet to the pcint cf beginnir-.j of the area herein described; ther.ce continue West along said parallel line 2S.S1 feet to a pcint; thence South feet to a point; ther.ce last fS.C7 fest to a point; thence Hcrth S.00 feet to the point of beginning, all in Cook County, Illinois. ALSO -a-*, o-r -„*«. iolioviag described area and space lyiag above a hcrizo^al ?Ua« (bei=ff tbe ceiliag of the first beseaent ) n«^^sv;-on^KT feet with section ta Chicago City Datua and ^beiora hcx^cntal oiaa. (being the floor Cf the first floor S has an elevation of 29.90 fast with relation to Chicago CityDa--= to^t. a portion of a 33 stcry builciag with bwat and »ent described as cooaencing at the northeast ec=aer of let 7 la Arasc-'s Division of th. South half and the 2ast 100 feet of the Ho... haif^faLck 21 cf Kite's Addition to Chicago, beiag a Su=4i.visi=n . o' tha Horth fraction of Section 10, Township 39 Herta. Bange 1- ^ast of the Third ?rincicai Meridian; th.nca South along tha i*s- -iae said Lot " 775 feet^ thence V«st parallel to the South line of_Lots 7 8 and 9 in tho afomsaid Subdivisicr. SS.SO fest to the point oi beciaain* o' tha arsa herein described; thence continue West along said parallel liae ZR67 feet to a point; thence Korth 8.CO f«t to a. poi=.tVthcnc.e 2aat 2S.C7 feet to a point; thence South 6\oo .set: .o the point of begiaaiag. all ia Cook County, Illinois. Description of CondDciniuc ?ropert7 - rarsel C- Thai oart of the fallowing described area and space lying above a hcrisontal plane (beiag the ceiling cf ths first floor ) which has an elevation of X.1S feet with relation to Chicago Cit7 Datun and lying bsiow a horizontal plans (bei_-.g the floor cf the third floor) which has an elavatlcn of StS3 fest with rslvtlor. to Chicago City. Datua to wit: a portion of a 33 stcry building vith base-iieat and second bz.se- aent described as conasnclng at the northeast corner of Let 7 ia — ie Assessor's Division cf the South half and the East 100 feet of the Horth half cf Slock 21 of Xiasie's Addition to Chicago, be ins 1 Subdivision of the Horth fraction of Section 10, Township 39 Horth, 3aage It Sast of tha Third rriaslpal Ktridian; ther.ce South along the 2ast line of said Lot 7 SriS feat; thence West parallal to the South line of tots 7, 8 and 9 ia the tfcrssala. Subdivision 3S.CO feet to the point of bejiraing of the area herein described; ¦ thencs Continue Vest along said zarailel liae 28.SJ feet to a poiat; then=e> South 3.Co feet to a poiat"; thsnce Sast 28.C7 feet ta a poiat; thence Horth 8.00 fest to the poiat of beginning, all in Cook County, Illinois. ~
ALSO
That part of the following" described area and space lying above a horizontal plane (beiag the ceiling of the first floor ) which has an elevation of 35.23 feet with relation to Chicago City Datua and lying below a hcritcr.tai plane (being ths flacr of the third flocr) which has aa elevation of 51.53 feat vith relation to Chicago City Datua to witi a portion of a 33 stcry building with baaeaent and seccad base-aent described aa csaaenciag at tha northeast corner cf Lot 7 is the Assesscr's Division of the South half and the Sast 1C0 fest of ths Horth „T half cf 31ock 21 cf Xinsis's Addition to Chicago, being a Subdivision £75 of the Hcrth franticn'cf Section. 10, Township 39 Hcrth, Bangs 1^ East W of the Third ?riaci?al neridiza; thencs South along the rast lias of *t! said 1st 7 77.5 feet; theses West parallel to the South liae cf Lets p] 7, 8 aad ia the aforesaid Subdivision 83,COfe-ri to the pciat cf beginning of the arsa herein described; thence continue W~at along said pirallal liae ZSjCJ feet to a poiat; thence Ncrta 3.CO list-, ta a point; thenca East 2257 feet to a point; thence South 3.CO fset to the point of begiaaiag, all- ia Cook County, Illinois.
£XE3ZT -?=ce 3-
¦ Description af Cor-dsoiaiua Property - ?arzel D
Thai part of tho fallowing described area and space lying atovo a hcrizantal plane (being the floor of the first baseaeat ) which-has aa elevation of HS3 feet with relation to Chicago City aat.ua and lying below a horizontal plane (being the 'ceiling of the first bzssaeai) which has aa elevation of 22.02 feet vith relatica to Chicago City Datua to wit: a pcrtioa of a 33 story building vith basenent and, eeccad base-aect described as cemseaeirg at the northeast corner of Let 7 ia the Asses3o-'5~Divisioa cf the Scuth half and the East 100 feet of the Horth hair! of aioci 21 of Kinzie's Addition to Chisago, beiag a Subdivision, of the Hcrth fraction of Section 10, Township 39 Hcrth, Singe 1** ~
of the Third Principal Meridian; thencs South along ths Sast
rlu T^rt, 7 s-t.5 feat; thencs West parallel ta the South liae cf Lots
7, 8 and 9 ia the aforesaid Subdivision 23.18 feet to the point of
cegiaaiag oi" the area hersia described:/ theses caotiaus Vest along
said parallel 20,12 fset to a poiat; thencs South; 7.S3 feat to a
poiat; thsacs West .'3*2 fset to a point; theace Horth A52 feet to a point; theses 2ast LSI feet to a poiat; thease Horth 2J>3 feet to a poiat? theace West ZIS feet to a poiat; theace South 7.£a fest to a .point;-, thence Vest Z36 feet to a poiat; thence Horth 755 feet to a
an angle of 90 degrses to the lsft with ths last dascrlbed course IAO feet to a roiat; thence Horth along a lias foraiag an angle of >*5 degress to the right with the last described course I3.IO 'set to a uoiaz; thsacs Sast °J5Z feat to a point; thence Horth 2.=o fe-t to a ooiat; taencs Vest 052 fset to a poiat; ther.es Horth 5.03 "eat ta a ociat; thence -Sast 3fc55 feet to a point.; theace South. 4JS f-at to a point; thence Sast 7.SZ feet to a poiat; theace Horth IS.C<3 fest to a poiat; thence Sast 0/73 fest to a poiat; theace Horth 2.00 feet to the poiat of beginning, all ia Cook County, Illinois.
ALSO ' . ' •
That part of tho following described area and spacs lyiag above a horizontal plane (beiag the plans of a.stair landing ) which has an slevatlca of 11.42 feat with relation to Chicago City Eatua and lying below a horizontal plane (being the ceiling cf ths first base.ner:t} which has an elevation of 22.02 feet with relation to Chicago City Datua to vit: a portlca of a 33 story building with baseosnt and second base-jLer.t described as coaasncing at ths northeast cemer cf Lot 7 in the Assessor's Division of the South .naif and ths Sast 100 fest cf the Hcrth half of Block 21 cf Kinzie's Addition to Chicago., being a Subiivisicn of the Horth fraction cf Section 10, Township 39 Kcrth, Haaze 11* Sast of the Third ?ria=ipal Meridian; theace Scuth along the East liae cf ZA said Lot 7 Jiffi! fest; thencs '-est parallel ta ths South liae of Lots pcint point aeiat
said panHs! liae 0.S7 . f«st to a point; thencs Scuth G.SZ fest to a hence West 7.52 fast to a point; thsnce Sarth S.3S fest to a hence last ZaZ fest to a point; thencs Scuta C.Z3 fast to a hence Sast O.'al fest to a point; thence South 2.51 fs-t to the point cf beginning, all ia Cook County, Illinois.
ALSO
-Pace 4-
•p-A* par-, ef tha following described area and space lying above a her"-o-tai plane (being the ceiling oi" the second basenent ) which has an'elevatios of I4.IG feet with relation to Chicago City Da tun and lying below a hcrinontal plane (being the fleer ef the fia-st basemen.) w^'-b has ar e^evaticr. of \4.Z3 rest vith relation to Chicago City Datu.t a aoriior. of a 33 stcry building with basenent and second base-jient described as conaencing at ths northeast comer of lot 7 in the. Assessor's Division of ths South half and the Sast 100 fset ot the Hcrth half cf riock 21 of Kinds's Addition to Chicago, being a Subdivision af the North fraction of Sscticn 10, Township 39 North, P.angs 1^ Sast a" *')- Third -riacital Bsridiau: thence Souin along the Sast line of sa'-^ot 7 5-*«' fset; thence west parailsl ta the South line cf Lots 7."a and 9 in"the afsrssaid Subdivision flS.S«fset to the pcint of besiriiag o* th- area herein described: thencs corrtinue West along said parall*'' '•-"•>= 51 ^ f"et to a point; thence South B.OO reet to a. point; thencs Sast 28.67 fest to a point; thencs North £oo feet ta ths point of beginning, all in Cook County. Illinois.
ALSO
That part of ths following described arsa and space lying above a horizontal -Diane (being the ceiling of the second basensrt ) which has an elevation of tf.iG fsst with relaticr. to Chicago City Datua and lving below a horincntal plane (being the floor cf the first basement) which has an elsvatian Q? H.85 feat with relation to Chicago City Datua to wit: a tiortion of a 33 story building vith baseasnt and second base-aeat described as ccaaencing at the northeast comer cf let 7 ir. the Assessor's Division" of the Scuth half and the Sast 100 fset of tha Horth half of 31ock 21 of Xiaais's Addition to Chisago, bsing a Subdivision of the~North fraction of-Section 10, Township 39 Kcrth, Haage i^ Sast of the Third Principal Meridian; thencs South along ths Sast line of said Lot 7 ~77.5 fsst; thence west parallel to the South line of Lets 7, 8 and 9 ia the aforssaid Subdivision S5.S0 feet to the poiat af beginning cf ths arsa hersia described; thence continue West along ' said" parallel lias ZS.STfesi to a point; thenee Horth 3-CO je-t to a paint; thencs East 3.S1 feet to a poiat; thence South 3.00 feat to the point of beginciag, all in Cook County, Illinois.
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Description of Condcainiua Property - rareel 2
Thai part of tha following described area and spaas lying above a horizontal plana (being the floor of the second basement ) which has aa elevation ci 5.36 feet with relitisa to Chicago City Datua aad iyiag below a horizontal plane (being the ceiling of the second zascasai) which has aa elsvatiop. of It/6 fest with relation to Chicago City Datua to wit i a portion of a 33 story building with basenent and second basenent described as coaaenciag at the northeast comer of lot ? ia the Assessor's Division of the South half and the East 100 fset of the Horth half of alock 21 of Kinzie's Addition to Chicago, beiag a Subdivision of the Horth fraction of Section 10, Township 39 Hcrth, aange 14 East of the Third princi-al .k:sridiaa; thenee South along the East liae cf
Lot 7 54.5 fast; thsnce West parallel to the South liae of Lots
7, 8 aad 9 ia the aforesaid Subdivision 'rl.iS fset to the point cf
begiasisg of ths area hers in described; thence contiaue West along
<**¦»_ parallel liae fS.OQ fast tp a point; thsnce Scuth 255 feet to a-
point"; thencs Vest IZ-S8 fset to a poiat; thencs North3-57 feet ta a
point; thencs lAsta.ee feet to a poiat; thence Horth 2.aS feet to a
paint; thencs Vest 722 feet to a poiat; thence South 7.S3 feat to a
ocist; thence Vest 1.68 fest to a point; thence Hcrth 7.5B fest to a
point; thencs West Wr.ll feet to a point; thence South 44.S5 Test to
a point; thencs East /_S= fsst to a poiat; theace Hcrth 1*3 feet to
a poiat; thanca East /2S33 feat to a point; thencs Hcrth 2Q£Z feet
to a point; theace West o.GS fest to a point; thencs Horth 2.oo fset
to a point; thence East feet to a point; theacs North lioo fest
to a point; thencs 2asi Cbl feet to a pciat) thence Horth 2.50 fset to the poiat of cegianing, all .in Cook County, Illinois.
AISO
That part ef ths. following described area, and space lyiag above _ a bcrizcntal plane . which has an elevation cf S.8I feet with relation to Chicago City Da-tux aad lyiag below a hcriszatal plane
which has an elsvatizn of /0.0+ fest with rsiation to Chicago City Datua ta vit: a portion of a 33 stcry building with baseaasat aad see end base-ae.-.t described as cocaencing at the northeast ccraer cf Let 7 ia the Assessor's Division of the South half and tha East 100 feet of ths Horth half cf 2Ioca 21 of Kinzie's Addition to Chicago, being a Subdivision ef the Hcrth fraction of Section 10, Tcwnship 39 Horth, Haage li East cf the Third Principal Keridian; thenoe South along the East liae ef said let 7 725' feet; thenca Vest parallel to the South lias of Lots 7, 3 and 9 ia the aforesaid Subdivision #.*S. fset to the poiat of beginning of the area herein described: thence continue West along said parallel line EXHIBIT "A"
Descriptios of Coadoeialua Property - Parse! ?
That part cf ths following described area and space lying above a hcrizontal plane (being the floor of the second floor ) which has an elevation of 36.89 feet with relation to Chicago City Datua aad lying below a horizontal plane which has aa elsvatioa of 45.86 feet with relation to Chicago City Datua tc wit: a portion of a 33 story building with baaeaent and second baseasat described u soanaaciag at the acrth-«ast earner of Lot 7 in the Assessor's Division of the South half aad ths East 100 fset of the North half of Sleek 21 cf Kiazis'a Addition to Chicago, being a Subdivision af the North fractioa of Section 10, Township 39 North, Saage 14 East of the Third Principal Meridian; thsnce. South along tho Sast liae of said Lot 7 j^.j feet; thence Vast. parallel to the South lias of Lots 7, e and 9 ia tho aforesaid eubdivision 121.87 feet to the poiat of beginning of the area herein described; thence continue Vest along said parallel line £.82 feat to a poiat* theace North 3-3° feat to a point; theacs Sast 12.13 feet to a.point; thence Harsh 15.60 fset to a point; theace East 11.30 feat to a poiat; theace Southeast along a liae foraiag an angle of 4,5 degress tc the right vith the last described course 1.6j fset to a poiat; thencs Northeast along a liae foraiag aa angle of 90 degrees with the last described course i.65 feat to a poiat; theace East 4.38 feet to a poiat; thsnce South 18.90 feet to the poiat of begicaiag; all ia Cook Couaiy, Ulincis.
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DESCRIPTION ATTACKED (EXHIBIT "A") TO AFFIDAVIT 0^ TITT E
FOR 53a NORTH MICHIGAN AVENCE " XJ-±-'£-
TRACT 1; PARCEL 1:
Lot 7 in Assessor's Division of the South half and the East 103 feet of the North half of Block 21 in Kinzie's Addition ¦to fractional Section 10, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois.
PARCEL 2:
Lots 8 and 9 in Assessor's Division of the South half and the East 103 feet of the North half of Block 21 in Kinzie's Addition to Chicago in Section 10, Township 3 9 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois.
parcel 3:
Lot 7 in W.L. Newberry's Subdivision of the North 118 feet of the West 200 feet of Block 21 in Kinzie's Addition to Chicago in Section 10, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois.
PARCEL 4:
The triangular shaped part of the East and West public alley lying West of and adjoining the East line of Lot 7, extended South, to its intersection with the South line of Lot 7, extended East, in said Newberry's Subdivision, being that portion of said alley vacated by Ordinance passed October 11, 1961 and recorded November 1, 1961 as Document 18318484, all in Cook County, Illinois.
LESS THAT PORTION LEGALLY DESCRIBED AS FOLLOWS: Parcel A
That part of the following described area and space lying above a horizontal plane (being the floor of the third floor) which has an elevation of 51.83 feet with relation to Chicago City Datum and lying below a horizontal plane (being the roof of the penthouse) which has an elevation of 347.46 feet with relation to Chicago City Datura to wit: an area and space including a portion of a 33 story building with penthouse, basement and second basement described as the South 68.0 feet of Lots 7, 8 and 9 in the Assessor's Division of the South half and the East 100 feet of the North half of Block 21 in Kinzie's Addition to Chicago, being a Subdivision of the North j fraction of Section 10, Township 39 North, Range 14 East of the £J Third Principal Meridian, all in Cook County, Illinois. ;Jj
cn
Parcel B CJ
^ •
That part of the following described area and space lying CH
above a horizontal plane (being the floor of the first floor) >¦*
which has an elevation of 23.90 feet with relation to
Chicago City Datum and lying below a horizontal plane (being
the ceiling of the first floor) which has an elevation of
36.25 feet with relation to Chicago City Datum to wit:
a portion of a 33 story building with basement and second
basement described as commencing at the northeast corner
of Lot 7 in the Assessor's Division of the South half and
the East 100 feet of the North half of Block 21 of Kinzie's
Addition to Chicago, being a Subdivision of the North fraction
of Section 10, Township 39 North, Range 14 East of the Third
Principal Meridian; thence South along the East line of said
Lot 7 54.5 feet; thence West parallel to the South line of
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EXHIBIT "A"
Lots 7, 8 and 9 in the aforesaid Subdivision 85.42 feet to the point of beginning of the area herein described: thence continue West along said parallel line 29.50 feet to a point; thencs North 4.33 fest ta a rciat; thence East 0.95 feet to a point; thence North 3.93 feet to a point; thence West 41.00 feet to a point; thence South 37.14 feet to a point; thence West 0.80 feet to a point; thence South 4.28 feet to a point;-thance East 70.35 feet to a point; thence North 32.66 teet to the point of beginning, all in Cook County, Illinois.
ALSO
That part of the following described area and space lying above a horizontal plane (being the ceiling of the first basement) which has an elevation of 23.02 feet with relation to Chicago City Datum and-lying below a horizontal plane (being the floor of the first floor) which has an elevation of 23.90 feet with relation to Chicago City Datum to wit: a portion of a 33 story building with basement and second basement described as commencing at the northeast corner of Lot 7 in the Assessor'3 Division of the South half and the East 100 feet of the North half of Block 21 of Kinzie's Addition to Chicago, being a Subdivision of the North fraction of Section 10, Township 39 North, Range 14 East of the Third Principal Meridian; thence South along the East line of said Lot 7 54.5 feet; thence West parallel to the South line of Lots 1, 8 and 9 in the aforesaid Subdivision 85.60 feet to the point of beginning of the area herein described; thence continue West along said parallel line 28.67 feet to a point; thence South B.00 feet to a point; thence East 28.67 feet to a point; thence North 8.00 feet to the point of beginning, all in Cook County, Illinois.
ALSO
That part of the following described area and space lying
above a horizontal plane (being the ceiling of the first
basement) which has an elevation of 23.02 feet with relation
to Chicago City Datum and lying below a horizontal plane
(being the floor of the first floor) which has an elevation
of 23.90 feet with relation to Chicago City Datum to wit:
a portion of a 33 story building 'with basement and second
basement described as commencing at the northeast corner
of Lot 7 in the Assessor's Division of the South half and
the East 100 feet of the North half of Block 21 6f Kinzie s
Addition to Chicago, being a Subdivision of the North fraction
of Section 10, Township 39 North, Range 14 East of the Third
Principal Meridian; thence South along the East line of said
Lot 7 77.5 feet; thence Heat parallel to the South line of
Lots 7, 8 and 9 in the aforesaid Subdivision 85.60 feet to
the point of beginning of the area herein described; thence
continue West along said parallel line 28.67 feet to a poxnt;
thence North 8.00 feet to a point; thence East 28.67 feet
to a point; thence South 8,00 feet to the point of beginning,
all in Cook County, Illinois. ^
Cf;
Parcel C ^-s
, . That part of the following described area and space lying ^ above a horizontal plane (being the ceiling of the first ^ floor) which has an elevation of 36.25 feet with relation to 01 Chicago City Datum and lying below a horizontal plane (being p. the floor of the third floor) which has an elevation of 51.83 feet with relation to Chicago City Datum to wit: a portion of a 33 story building with basement and second basement described as commencing at the northeast corner of Lot 7 in the Assessor's Division of the South half and the East 100 feet of the North half of Block 21 of Kinzie's Addition to
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Chitdijo, oeing a auodivision ct c/ie fioixa fra-i-on c- itrj 10, Township 39 North/ Range 14 East of the Third Principal Meridian; thence South along the East line of said Lot 7 5i.5 fest; thence West parallel to th? South line of Lots 7, a and 9 in the aforesaid Subdivision 85.60 feet to the point of beginning of the area herein described; thence continue West along said parallel line 28.67 feet to a point; thence South B.00 feet to a point; thence East 28.67 feet to a point; thence North 8.00 feet to the point of beginning, all in Cook County, Illinois.
ALSO
That part of the following described area and space lying above a horizontal plane (being the ceiling of the first floor) which ha3 an elevation of 36.25 feet with relation to Chicago City Datura and lying below a horizontal plane (being the floor of the third floor) which has an elevation of 51.B3 feet with relation to Chicago^ City Datum to wit: a portion of a 33 story building .wi th basement and second basement described as commencing at the northeast corner of Lot 7 in the Assessor's Division of the South half and the East 100 feet of the North half of Block 21 of Kinzie's Addition to Chicago, being a Subdivision of the North fraction of Section 10, Township 39 North, Range 14 East of the Third Principal Meridian; thence South along the East line of said Lot 7 77.5 feet; thence West parallel to the South line of Lots 7, 8 and 9 in the aforesaid Subdivision 85.60 feet to the point of beginning of the area herein described; thence continue West along said parallel line 28.67 feet to a point; thence North 8.00 feet to a point; thence East 28.67 feet to a point; thence South 8.00 feet to the point of beginning, all in Cook County, Illinois.
Parcel D
That part of the following described area and space lying
above a horizontal plane (being the floor of the first
basement) which has an elevation of 14.89 feet with relation
to .Chicago City Datum and lying below a horizontal plane
(being the ceiling of the first basement) which has an elevation
of 23.02 feet with relation to Chicago City Datum to wit: &
portion of a 33 story building with basement and second
basement described as commencing at tha northeast corner of
Lot 7 in the Assessor's Division of the South half and the
East 100 feet of the North half of Block 21 of Kinzie's
Addition to Chicago, being a Subdivision of the North fraction
of Section 10, Township 39 North, Range 14 East of the
Third Principal Meridian; thence South along the East line
of said Lot 7 54.5 feet; thence West parallel to the South
line of Lots 7, 8 and 9 in the aforesaid Subdivision 28.4 8
feet to the point of-beginning of the area herein described;
thence continue West along said parallel line 30.19 feet to
a point; thence South 7.55 feet to a point; thence West
13.42 feet to a point; thence North 5.52 feet to a point;
thence East 1.37 feet to a point; thence North 2.03 feet
to a point; thence West 7.15 feet to a point; thence South £J
7.55 feet to a point; thence West 7.58 feet to a point; ^
thence North 7.55 feet to a point; thence West 114.*3 feet If
to a point; thence South 44.86 feet to a point; thence East 1.55
feet to a point; thence North 1.23 feet to a point; thence ^
East 126.78 feet to a point; thence Northeast along a line form- C/l
ing an angle of 45 degrees to the left with the last described K
course 2.03 feet to a point; thence Northwest along a line
forming an angle of 90 degrees to the left with the last
described course 1.60 feet to a point; thence North along a
line forming an angle of 4 5 degrees to the right with the
last described course 18.10 feet to a point; thence East
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0.52 feet to a point; thence North 2.00 feet to a point;-thence We3t 0.52 feet to a point; thence North 5.09 feet to a point; thence East 34.55 feet to a point; thence South 4.76 feet to a point; thanes East 7.32 feat t= a pcir.t; thence North 13.65 feet to a point; thence East 0.73 feet to a point; thence North 2.00 feet to the point of beginning, all in Cook County, Illinois.
ALSO
That part of the following described area and space lying above a horizontal plane (being the plane of a stair landing) which has an elevation of 11.42 feet with relation to Chicago City. Datum and lying below a horizontal plane (being the ceiling of tbe first basement) which has an elevation of 23.02 feet with relation to Chicago City Datum to wit: a portion of a 33 story building with basement and second basement described as commencing at the northeast corner of Lot 7 in the Assessor's Division of the South half and the East 100 feet of the North half of Block 21 of Kinzie's Addition to Chicago, being a Subdivision of the North fraction of Section 10, Township 39 North, Range 14 East of the Third Principal Meridian; thence South along the East line of said Lot 7 77.99 feet; thence West parallel to the South line of Lots 7, 8 and 9 in the aforesaid Subdivision 23.46 feet to the point of beginning of the area herein described; thence continue West along said parallel line 0.66 feet to a point; thence South 6.52 feet to a point; thence West 7.52 feet to a point; thence North 9.36 feet to a point; thence East 7.52 feet to a point; thence South 0.33 feet to a point; thence East 0.67 feet to a point; thenee South 2.51 feet to the point of beginning, all in Cook County, Illinois.
ALSO
That part of the following described area and space lying
above a horizontal plane (being the ceiling of the second
basement) which has an elevation of 14.16 feet with relation
to Chicago City Datum and lying below a horizontal plane
(being the floor of the first basement) which has an elevation
of 14.83 feet with relation to Chicago City Datum to wit:
a portion of a 33 story building with basement and second
basement described as commencing at the northeast corner of
Lot 7 in the Assessor's Division of the South half and the
East 100 feet of the North half of Block 21 of Kinzie's
Addition to Chicago, being a Subdivision of the North fraction
of Section 10, Township 39 North, Range 14 East of the Third
Principal Meridian; thence South along the East line of
said Lot 7 54.5 feet; thence West parallel to the South line
of Lots 7, B and 9 in the aforesaid Subdivision 85.60 feet
to the point of beginning of the area herein described;
thence continue West along said parallel line 28.67 feet to
a point; thence South 8.00 feet to a point; thence East 28.67 .
feet to a point; thence North 8.00 feet to the point of £Jt
beginning, all in Cook County, Illinois. ^
ALSO
That part of the following described area and space lying oi
above a horizontal plane (being the ceiling of the second p>
basement) which has an elevation of 14.16 feet with relation
to Chicago City Datum and lying below a horizontal plane
(being the floor of the first basement) which has an elevation
of 14.89 feet with relation to Chicago City Datum to wit:
a portion of a 33 story building with basement and second
basement described as commencing at the northeast corner o.f
Lot 7 in the Assessor's Division of the South half and the
East 100 feet of the North half of Block 21 of Kinzie's
Addition to Chicago, being a Subdivision of the North fraction
-4-
¦ r < r ¦¦ r
of Section 10, Township 39 North, Range 14 East of the Third Principal Meridian; thence South along the East line of said Lot 7 77.5 feet; thence West parallel to the South line of Lots 7, 8 and 9 in the aforesaid Subdivision 85.60 feet to the point of beginning of the area herein described; thence continue West along said parallel line 28.67 feet to a point; thence North 8.00 feet to a point; thence East 28.67 feet to a point; thence South 8.00 feet to the point of beginning, all in Cook County, Illinois.
Parcel E
That part of the following described area and space lying above a horizontal plane (being the floor of the second baseinent) which has an elevation of 5.96 feet with relation to Chicago City Datum and lying below a horizontal plane (being the ceiling of the second basement) which has an elevation of 14.16 feet with relation to Chicago City Datum to wit: a portion of a 33 story building with basement and second basement described as commencing at the northeast corner of Lot 7 in the Assessor's Division of the South half and the East 100 feet of the North half of Block 21 of Kinzie's Addition to Chicago, being a Subdivision of the North Fraction of Section 10, Township 39 North, Range 14 East of the Third Principal Meridian; thence South along the East line of said Lot 7 54.5 feet; thence West parallel to the South line of Lots 7, 8 and 9 in the aforesaid Subdivision 41.49 feet to the point of beginning of the area herein described; thence continue West along 6aid parallel line 16.08 feet to a point; thence South 7.55 feet to a point; thence West 12.68 feet to a point; thence North 5.57 feet to a point; thence East 0.66 feet to a point; thence North 2.05 feet to a point; thence West 7.22 feet to a point; thence South 7.53 feet to a point; thence West 7.68 feet to a point; thence North 7.55 feet to a point; thence West 114.31 feet to a point; thence South 44.85 feet to a point; thence East 1.55 feet to a point; thence North 1.23 feet to a point; thence East 126.23 feet to a point; thence North 20.62 feet to a point; thence West 0.68 feet to a point; thence North 2.00 feet to a point; thence East 29.54 feet to a point; thence North 19.00 feet to a point; thence East 0.67 feet to a point; thence North 2.00 feet to the point of beginning, all in Cook County, Illinois.
ALSO
That part of the following described area and space lying above a horizontal plane which has an elevation of 5.81 feet with relation tD Chicago City Datum and lying below a horizontal plane which has an elevation of 1004 feet with relation to Chicago City Datum to wit: a portion of a 33 story building with basement and second basement described as commencing at the northeast comer of Lot 7 in the Assessor's Division of the South half and the East 100 feet of the North half of Block 21 in Kinzie's Addition to Chicago, being a Subdivision of the North fraction of Section 10, Township 39 North, Range 14 East of the Third Principal Meridian; thence South along the East line of said Lot 7 77.5 feet; thence West parallel to the South line of Lots 7, 8 and 9 in the aforesaid Subdivision 41.49 feet to the point of beginning of the area herein described; thence continue West along said parallel line 0.66 feet to a point; thence South 20.62 feet to a point; thence West 0.68 feet to a point; thence North 2.00 feet to a point; thence East 30.20 feet to a point; thence South 2.00 feet to the point of beginning, all in Cook County, Illinois.
-5-
Parcel F
That part of the following described area and space lying above a horizontal plane (being the floor of the second floor) which has an elevation of 36.89 feet with relation to Chicago City Datum and lying below a horizontal plane which has an elevation of 45.86 feet with relation to Chicago City Datum to wit: a portion of a 33 story building with basement and second basement described as commencing at the northeast corner of Lot 7 in Assessor's Division of the South half and the East 100 feet of the North half of Block 21 of Xinzie's Addition to Chicago, being a Subdivision of the North fraction of Section 10, Township 39 North, Range 14 East of the Third Principal Meridian; ther.ce South along the East line of said Lot 7 54.5 feet; thence We3t parallel to the South line of Lots 7, 8 and 9 in the aforesaid subdivision 121.87 feet to the point of beginning of the area herein described; thence continue West along said parallel line 6.82 feet to a point; thence North 3.30 feet to a point; thence West 12.13 feet to a point; thence North 15.60 feet to a point; thence East 11.30 feet to a point; thence Southeast along a line forming an angle of 45 degrees to the right with the last described course 1.65 feet co a point; thence Northeast along a line forming an angle of 90 degrees with the last described course 1.65 feet to a point; thence East 4.88 feet to a point; thence South 18.90 feet to the point of beginning; all in Cook County, Illinois.
Sib*.
nI AT W,THTH,S
rLfl I DOCUMENT
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HAS BEEN MICROFILMED
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Exhibit B
Legal Description of Grand Abutting Property
160 E. Grand Avenue Chicago Illinois 60611
Lots 5 and 6 in Assessor's Division of South Vz of East 103 feet of North y2 of block 21 in Kinzie's addition to Chicago, a subdivision of North fractional half of Section 10, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois.
Exhibit C Project Plan
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Exhibit D to Ordinance Form of Public Way Easement Agreement [Attached]
This document prepared by,
and after recording please return to:
Arthur Dolinsky Senior Counsel
City of Chicago, Department of Law 121 N. LaSalle Street, Room 600 Chicago, IL 60602
PUBLIC WAY EASEMENT AGREEMENT
THIS AGREEMENT (the "Agreement") is entered into as of this day of
, 2020 (the "Effective Date"), by and between the City of Chicago,
an Illinois Home Rule municipality (the "City"), by and through its Department of Transportation ("CDOT"), and 535 North Michigan Venture, LLC, a Delaware limited liability company ("Michigan Owner") and 160 E. Grand Avenue Associates, LLC, a Delaware limited liability company ("Grand Owner"), (Michigan Owner and Grand Owner are hereinafter collectively referred to as the "Grantees.")
WITNESSETH:
WHEREAS, Michigan Owner is the owner of the property legally described in Exhibit A which is attached and incorporated ("Michigan Abutting Property"); and
WHEREAS, Grand Owner is the owner of the property legally described in Exhibit B which is attached and incorporated ("Grand Abutting Property") (collectively, the Grand Abutting Property and Michigan Abutting Property are known as "Abutting Properties"); and
WHEREAS, the Grantees have jointly proposed to construct, install and maintain an approximately twenty (20) foot wide publicly accessible deck structure with a pedestrian promenade to be built over the Grand Avenue public way adjoining the Abutting Properties and Upper Michigan Avenue with one (1) publicly accessible stairway and an elevator and building space needed for public access to the elevator, all as currently exists in the Grand Abutting Property ("Elevator") to provide pedestrian
access between Upper Michigan Avenue and lower level Grand Avenue, in accordance with the drawing attached and incorporated as Exhibit C ("Project"); and
WHEREAS, the Project will have the effect of improving pedestrian access between upper Michigan and lower Grand Avenues and will benefit the Abutting Properties by improving access and visibility for commercial and other tenants and improving the value ofthe Abutting Properties; and
WHEREAS, the Project will require the use of the public right-of-way of east Grand Avenue, including the air space in and above the street and sidewalk in such public way; and
WHEREAS, the City and Grantees desire to grant mutual easements for the Project;
NOW, THEREFORE, in consideration of the foregoing recitations, which by this reference are incorporated herein, and the mutual covenants contained hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the Michigan Owner, Grand Owner and City agree as follows:
Grant of Public Way Easement. The City hereby grants and conveys to Michigan Owner, and the Michigan Owner hereby accepts from City, an easement in and to the ground and air rights in Grand Avenue as legally described and depicted in Exhibit D which is attached and incorporated ("Public Way Easement Areas") solely for purposes of installing, constructing, using, operating, maintaining, inspecting, repairing, replacing, reconstructing and removing the Project in accordance with this Agreement. This easement shall be known as the Michigan Public Way Easement.
The City hereby grants and conveys to Grand Owner, and the Grand Owner hereby accepts from City, an easement in and to the ground and air rights in the Public Way Easement Areas for purposes of installing, constructing, using, operating, maintaining, inspecting, repairing, replacing, reconstructing and removing the Project in accordance with this Agreement. This easement shall be known as the Grand Public Way Easement.
The parties may, by agreement of Grantees and the City's Commissioner of CDOT ("Commissioner"), substitute revised legal descriptions for the Public Way Easement Areas described in Exhibit D, provided that such legal descriptions describe substantially the same property as that described in Exhibit D.
Grant of Elevator Easement. The Grand Owner hereby grants and conveys to City, and the City hereby accepts from the Grand Owner, an easement in and to the portion of the Grand Abutting Property depicted in Exhibit E ("Elevator
Easement Area") for purposes of providing the public with use of and access to use the Elevator in accordance with this Agreement. This easement shall be known as the Elevator Easement.
The Grand Owner shall permit the public to use and access the Elevator between the hours of 8:00 a.m. and 10:00 p.m. daily. The Grand Owner must post on the pedestrian deck and on the lower Grand Avenue level of the Grand Abutting Property maps (at least one map at each location) that show (a) the location of the closest elevator that is open to the public during the hours of 10:00 p.m. and 8:00 a.m. and can be used to travel to/from lower Grand Avenue from/to upper Michigan Avenue. Such maps, and the locations at which such maps are posted, are subject to the prior written approval of the Commissioner of the Mayor's Office for People with Disabilities. The Grand Owner shall keep the Elevator, and the rest of the Elevator Easement Area in good repair and working condition for public use at all times, subject to reasonable maintenance, replacement and repair schedules. Grand Owner may reasonably regulate the use of the Elevator Easement Area and impose reasonable conditions on the use of the Elevator Easement Area, subject to the City's reasonable approval of such regulations and conditions which approval shall not be unreasonably withheld or denied and which approval shall be granted by the City only in accordance with all applicable Federal, State and local statutes, ordinances, rules, regulations, orders, judgments, regulations, administrative rulings and other exercises of governmental authority ("Law") including those regarding accessibility standards for persons with disabilities or environmentally limited persons, such as: (1) the Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et seg., and the regulations promulgated thereunder, (2) the Illinois Environmental Barriers Act (410 ILCS 25/1 et seg. (1996)), (3) "The Illinois Accessibility Code", 71 III. Adm. Code 400, and (4) applicable codes and ordinances of the City of Chicago, Cook County and State of Illinois.
In connection with the rehabilitation or redevelopment of the Elevator Easement Area, Grand Owner may request the City's approval of the reconfiguration and/or relocation of any portion of the Elevator Easement Area, including replacement or rehabilitation of the Elevator. Upon receiving such a request, the City's Commissioner of Transportation ("Commissioner") shall review the request to determine if it provides substantially similar or equally convenient public access, and upon being so satisfied, shall approve the work. Commissioner may condition the approval on the Grand Owner's providing assurances or agreeing to conditions that are intended to assure continued public use in accordance with the terms and conditions ofthe Elevator Easement.
Grantees both warrant to City that Grand Owner has sufficient title and interest in and to the Grand Abutting Property to enter into this Agreement and bind the Grand Abutting Property with the Elevator Easement.
3. Term. Subject to the provisions of Section 18 hereof, the term of the Public Way Easement and the Elevator Easement shall each be thirty (30) years commencing with the Effective Date hereof.
Grantees' Obligation to Fund the Project. The Grantees, at their sole cost and expense, shall be responsible for and pay for the design, construction, installation, alteration, protection, operation, maintenance, inspection, repair, replacement reconstruction and, as required or authorized herein, removal of improvements as authorized or required pursuant to this agreement, equipment and facilities of the Project and all other improvements, facilities and equipment that are reasonably necessary or appropriate for the use or enjoyment of the Project by the public , including the Elevator and Lift. The Grantees shall be responsible and pay for a) all utility expenses incurred with respect to the operation of the Project including those within the Public Way Easement Areas and the Elevator Easement Area; and b) all removals of the Project or any part thereof as authorized or required pursuant to this Agreement.
City Approval. Grantees represents to City that the Project was completed in accordance with Law under Grantee's direct supervision prior to execution of this Agreement. Prior to the commencement of any substantial work for the construction, installation, alteration, protection, maintenance, inspection, repair, inspection, repair, replacement, or reconstruction ofthe Project ("Project Work"), the Grantees shall prepare and deliver to the Commissioner for review and approval proposed plans and specifications for the Project Work, including anticipated closures, which shall be in compliance with this Agreement including Exhibit C. The Commissioner shall make all reasonable effort to approve or reject the plans and specifications within fifteen (15) business days of receipt. The Grantees shall expressly warrant with delivery of the proposed plans and specifications that they have been prepared under the direct supervision of the Grantees, and are or will be in full compliance with Law. Upon approval, the plans and specifications shall be known as the Project Plan.
Utilities and public service facilities adjustments. The Grantees shall be responsible for obtaining permits and approvals, and paying for any and all removals, relocations, alterations, additional maintenance and restorations of or to any utility or public service structures or facilities that either the Grand Owner or Michigan Owner interferes with the Project or has a negative impact on surrounding City improvements, such as pavement, bridges, subways, tunnels, vaults, sewers, water mains, conduits, pipes, poles and similar items, and including any City-owned or City-controlled structures or facilities located in or adjacent to the Public Way Easement Areas, which work is, in the opinion of the Commissioner, reasonably necessary or appropriate for the Project or the Project Work. The Grantees shall be responsible for obtaining the required permits, consents and approvals from, and making suitable arrangements with all entities
owning or having an interest in such structures and facilities, including any department of the City.
Completion of Construction. The Grantees shall diligently pursue and complete all Project Work on a timely basis.
Restriction on Uses within Public Way Easement Areas. Except for (a) temporary closures that are reasonably required to perform routine maintenance, replacement and repairs for which the Grantees provided ten (10) business days advance written notice to the City, or (b) in circumstances where the closing of some or all of the Project and the Easement Area is reasonably necessary to avoid or minimize a substantial risk of imminent injury or death of any person, or substantial property damage or destruction ("Emergency") and the Grantees have provided City with notice(s) as are reasonable under the circumstances, including telephone and/or email notices, the Project shall be open and available for the use by the public twenty-four (24) hours a day, seven (7) days a week, every day of the year. Except for the operation of a sidewalk cafe on the Project for which a valid Sidewalk Cafe Permit has been issued by the City's Department of Business Affairs and Consumer Protection, or as may be authorized by other grants of rights to use or occupy the public way, and except for temporary closures due to routine maintenance, replacement and repairs or emergencies as stated above, the Grantees shall not authorize any use of the Abutting Properties, including the Elevator Easement Area, or the Public Way Easement Areas for any purpose that will substantially interfere with the use of the Project, the Elevator Easement, or the public ways by the public. Subject to the foregoing, the Grantees may utilize portions of the Abutting Properties other than the Elevator Easement Area for entertainment, exhibits, displays and commercial activities, provided that such activities shall not, in the reasonable opinion of the Commissioner, substantially interfere with the public's use of the Project described in this Agreement.
Compensation. Because the installation, construction, use, alteration, protection, operation, maintenance, inspection, repair, replacement, reconstruction and removal of the Project in accordance with this Agreement, and the grant to City of the Elevator Easement, will benefit the public by improving access to, from and through the public ways as required by the law of public trust pursuant to which the City holds legal title to the Public Way Easement Areas on behalf of the people of the State of Illinois, the compensation for the grants of the Public Way Easement shall be a one-time payment by each Grantee of $10.00.
Maintenance.
a. The Grantees shall maintain the Project and any portion of the Abutting Properties supporting or serving the Project so that they do not materially and adversely interfere in any way with the Elevator Easement or any use
of the public way by the City, the public or any person or entity authorized to use or occupy the public way in accordance with applicable Law subject to temporary closures described in Section 8 above. In addition, the Grantees shall maintain the Public Way Easement Areas and the Elevator Easement Area and those portions of the Project and all portions of the Abutting Properties supporting or serving the Project in a neat, clean and usable condition consistent with the public use required by this Agreement and the Project Plan, and consistent with the general custom and practice of owners of Class A office and commercial buildings in the Central Business District of Chicago.
The Grantees shall cooperate with the City, or any other person or entity acting under the direction of or with authority granted by the City to use and occupy the public way, concerning the coordination of uses of the public way, the Elevator Easement, or City owned property adjacent thereto. The Grantee shall provide prompt responses to inquiries, attending meetings and site visits, and providing complete disclosures of information concerning the Project and their potential involvement in any proposed or existing use of the public way.
The Grantees shall provide adequate directional signage within the Public Way Easement Areas and the Elevator Easement Area to indicate the location of stairways, elevators, exits providing access to Grand Avenue and Michigan Avenue.
11. City has no maintenance or operational duties. The Grantees acknowledge that City is not responsible for the operation, maintenance, repair of or security of the Project or the Abutting Properties or the Public Way Easement Areas, and City has no obligations with respect thereto. Notwithstanding the foregoing, in the event that the Project or any portion of the Abutting Properties supporting or serving the Project or the Elevator have not been maintained in compliance with this Agreement, the City may send both Grantees a written notice of such noncompliance. In the event that such noncompliance is not cured by either Grantee within thirty (30) days after receipt of such notice of noncompliance ("Cure Period"), then City may cause the correction of the noncompliance and the Grantees shall reimburse City its costs and expenses reasonably incurred in making such corrections within ten (10) days of receipt of a notice from City detailing such costs and demanding payment; provided however, that, in the event that noncompliance cannot reasonably be cured, or cause to be cured within thirty (30) days after written notice, and either Grantee has notified the City of such fact along with an estimate of the time needed for completion of the cure, and the Grantees are proceeding diligently to make, or cause to be made, the cure, then Cure Period shall be extended by such additional time as is reasonably required and is stated in the notice to cure the non-compliance. Notwithstanding the foregoing, in the event that City discovers that a condition of
the Project or in, on, over or under the Public Way Easement Areas constitutes an Emergency, then City may provide such notices to the Grantees as are reasonable under the circumstances, including telephone and/or email notices, City may take all reasonable actions necessary to reduce and/or remove the Emergency. In such event, Grantees shall reimburse City for all actual costs incurred in connection with addressing such Emergency within thirty (30) business days of receipt of a notice from City detailing such costs and demanding payment therefor
12. Removal and Restoration. Upon expiration or termination of some or all of the
Public Way Easement, the Grantees, without cost or expense to the City, shall
promptly remove the such portions of the Project (excluding subgrade
foundations) from the Public Way Easement Areas and the adjacent public ways,
and shall restore them to the extent altered or disturbed by the installation,
construction, use, operation, inspection, maintenance, repair, replacement or
removal of the Project, and all work related thereto, to a proper condition under
the supervision and to the reasonable satisfaction of the Commissioner and in
accordance with the Law. In the event that Grantees fail to perform any such
removal and restoration as required in this Section, then then City may cause the
performance of such removal and restoration, and the Grantees shall reimburse
City its costs and expenses reasonably incurred in performing such removal or
restoration within thirty (30) days of receipt of a notice from City detailing such
costs and demanding payment;
13. Indemnity. To the full extent under the Law, the Grantees shall indemnify,
defend and hold harmless the City, its officers, officials, agents and employees
from and against any and all liability, loss, damage, costs and expenses
(including reasonable attorneys' fees) for injury to person or death or property
damage ("Claim") arising out of or resulting from the Project Work, the Grantees'
duties associated with Elevator, and the Elevator Easement Area, and the use of
the Public Way Easement Areas by Grantees, and their respective agents,
employees, lessees, permittees, licensees, or invitees including the members of
the public ("Grantees Parties"). To the extent permissible by Law, the Grantees
hereby waive any limits to the amount of its obligations to indemnify, defend or
contribute any sums due under any losses, including any claim by an employee
of City, Grantees or a contractor that may be subject to the Workers
Compensation Act, 820 ILCS 305/1 et seq or any other law or judicial decision
(such as, Kotecki v. Cyclops Welding Corporation, 146 III. 2d 155 (1991)).
14. Insurance. Grantees shall at all times maintain in full force and effect policies
of insurance with the coverages and endorsements identified in Exhibit F which
is attached and incorporated. In the event that after the Effective Date the
Grantees shall perform, or retain or utilize an employee, contractor, agent or any
other person or entity ("Grantees Agent") to perform any Project Work, or any
work in the Public Way Easement Areas or any duties associated with the
Elevator, and the rest of the Elevator Easement Area, then prior to commencing such work, Grantees shall either add or require the Grantees Agent to add the City as additional insureds on applicable policies of insurance and endorsements covering the work in accordance with Exhibit G which is attached and incorporated.
15. Notices
(a) All notices or other communications required or given under the terms of this Agreement shall be in writing, and shall be delivered by: (i) personal delivery; (ii) commercial overnight courier service; (iii) certified mail, return receipt requested; or (iv) facsimile transmission, accompanied by a copy of the Notice mailed by first-class mail, addressed to the parties as follows:
If to the Grantees: 535 North Michigan Venture, LLC
160 E. Grand Avenue Associates, LLC c/o JB Realty, Inc.
Attn.: Arthur/John/Michael Balourdos 535 N. Michigan Avenue, Suite 200 Chicago, IL 60611
If to City: City of Chicago
Department of Transportation Bureau of Project Management 30 North LaSalle Street, Room 500 Chicago, Illinois 60602 Attn.: Assistant Commissioner
With copy to: Corporation Counsel
City of Chicago City Hall, Room 600 121 N. LaSalle Street Chicago, IL 60602
Attn.: Deputy Corporation Counsel - Real Estate
A notice shall be deemed to have been served: (i) upon receipt if served by personal delivery or by commercial overnight courier service; or, (ii) upon the fifth (5th) business day following deposit with the U.S. Post Office and served by certified mail where the receipt has been signed.
Either party may change the address to whom service of notices shall be effected by a notice in conformity with the provisions ofthis Section 15.
Compliance with Law. The Grantees agree that the Public Way Easement Areas shall be used and the Project shall be constructed, installed, used, operated, inspected, maintained, repaired and replaced in complete compliance with Law.
Covenants Running with the Land. This Agreement and all rights granted and obligations created shall run with the Abutting Properties and shall bind, be enforceable by, and inure to the benefit of the City, the Grantees and their respective successors and assigns.
Illinois Law and Public Trust. This Agreement has been negotiated, executed and delivered at Chicago, Illinois and shall be construed and enforced in accordance with the laws of Illinois, including the law of public trust with respect to the use and occupation of the public way. In the event that the City is required to exercise its discretion and does require changes to the Public Way Easement Areas, the City agrees to exercise its discretion under the public trust to reasonably minimize disruption to the Grantees.
Recordation Permitted. Either party, at its sole expense, may, without the consent of the other party, record this Agreement. The party recording this Agreement shall provide the other party with a copy of the recorded Agreement in a timely manner.
20. Authority and Validity. The Michigan Owner and Grand Owner agree that they
will be jointly and severally liable for the performance of all obligations of the
Grantees in this Agreement, including the obligations of the other Grantee,
provided that either Owner's responsibility is conditioned upon receiving notice
as required by this Agreement. Each ofthe persons executing this Agreement on
behalf of the respective Grantees hereby represents and warrants to the City that
(i) this Agreement has been duly authorized, executed and delivered by the
Grantee on whose behalf such person has executed this Agreement and (ii) this
Agreement constitutes the legal, valid and binding obligation of such Grantee,
enforceable against it in accordance with its terms. The City acknowledges that
this Agreement was authorized by ordinance approved by the City Council on
, 20_ (C.J. pp - .)
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, each ofthe Grantees and City have caused this Agreement to be executed by their duly authorized officers, as ofthe day and year first written above.
535 North Michigan Venture, LLC, a Delaware limited liability company
By:
Name: , its Manager
160 E. Grand Avenue Associates, LLC, a
Delaware limited liability company
By:
Name: , its Manager
CITY OF CHICAGO, a municipal corporation
By:
Commissioner of Transportation
APPROVED AS TO FORM AND LEGALITY:
Senior Counsel
State of Illinois County of Cook
)
) SS )
I, , a notary public in and for said county, in the State
aforesaid do hereby certify that , personally known to me to be
the Manager of 535 North Michigan Venture, LLC, a Delaware limited liability company, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that in such capacity, he signed and delivered the said instrument as his free and voluntary act and as the free and voluntary act of said company for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of , 2020.
Notary Public
State of Illinois )
) SS
County of Cook )
I, , a notary public in and for said county, in the
State aforesaid do hereby certify that , personally known to me
to be the Manager of 160 E. Grand Avenue Associates, LLC, a Delaware limited liability company, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that in such capacity, he signed and delivered the said instrument as his free and voluntary act and as the free and voluntary act of said company for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of , 2020.
Notary Public
State of Illinois )
) SS
County of Cook )
I, , a Notary Public in and for said County, in the
State aforesaid, do hereby certify that Gia Biagi, personally known to me to be the Commissioner of Transportation of the City of Chicago, an Illinois municipal corporation, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day and acknowledged that as said Commissioner, she signed and delivered said instrument, as her free and voluntary acts, and as the free and voluntary acts and deed of said corporation, for the uses and purposes therein set forth.
Given under my hand and official seal, this day of , 2020.
Notary Public
Exhibit A
Legal Description of Michigan Abutting Property
That jart af the foil owing described arsa ind space lying above i horizontal plane (being the floor of the third floor) which has ia elevation of SLS3 faet with relation, to Chicago City Baf-a and lyiag below a horizontal plane (being the roof of ths penthouse) which has aa elevation of 3^7.1*6 feet with relation to Chicago City Datua to wit: 'an area and soace including a portion of a 33 stcry building with penthouse, basenent end second btsensnt described as the South 63.0 feet cf lets 7,3'and 9 in the Assessor's Division of the Scuth half and tae Sast 100 fest of the Horth half of SLock 21 of Kinzie's Addition ta Chicagc, being a Subilvision of the Horth fraction cf Section 10, Township 39 Hcrth, Bangs 14. 2ast of 'the Third Principal Meridian, all in Cock County, Illinois.
ioriiniur. ?rczerty - Parcel 3
That part sf the following described area and space lyir.g abavt
a hcrirootaa plane (being the floor of the first floor ) which
has an elevation of 22-30 fest with relation to Chicago City Datua and
lyiag below a horizontal plaae (being the esllisg of the first floor)
whish has an elevation of 36.25 feet with relation to Chicago City Eatur
to wit: a portion of a 33 story building vith basement and seeend case-
neat described as coiaencjjig at the northeast ccmer of Let 7 '-^ the
Assessor's Division cf the Scuth half and the 2ast 100 feet of tha Hcrth
half cf Slock 21 of Kinzie's Addition to Chicago, being a Subdivision
of the Horth fraction cf Section 10, Township 39 Horth, 2aage 1>* 2ast
of ths Third Principal Keridian; thence South along the Sast line cf
said Lot 7 fest; thence Wast parallel to the South line cf Lots
7, fl and 9 in the aforesaid Subdivision 3SAZ feet to the pciri of beginning of the area herein described; thence continue West along said parallel lias 2zso feet to a pcirt; thence Hcrth 4S3 faet to a point} thence Sast 0.S3 feet to a poiat; thsnce Horth 333 feet to a joist; thence West -SV.CO f-et to a point; thenee South 37-1+ feet ta a point; thence West aso fert to a poiat; thence South4.23 feet to a paint; thence 2ast 702s fest to a point; thence Hcrth 3ZjCS fest to the point of beginning, all in Cook County, Illinois.
ALSO
f the first baseaart ) which
That part of the following described aria and space lyi=g above
a horizontal plane (being the cei
has an elevation of 23.02 feet vith relation to Chicago City DiV-ra and lying below a horizontal plane (being the floor - of the first floor) which has an elevation of 23JS0 feet with relation to Chicago City Datua to wit: a portion of a 33 story buildir.g with btsenent aad secend ha.se- aeirt described as coasasnciag at the northeast corner of Let 7 in the Assessor's Division of the South half and the Sast ICO feet of the Hcrth half of.jlock 21 of Kinzie's Addition ta Chicago, being a Subiivisicn of the Horth fraction of Section 10, Township 35 Horth, ?.ange iL last of the Third Principal fieridian; thence South along the East line of said Lot 7 Jf.j reei; thence West parallel to ths South line of Lets 7, 8 and 9 in the aforesaid Subdivision SSSO feet to the pcirt cf begi.-r1i.-5g of the area herein described; ther.ce continue Heat aisrg said parallel line 2R.7 feet to a point; thence South 8-SO feet to a point; thence 2ast fS.C7 fest to a point; thencs Hcrth S.00 feet to the poirt of beginning, all in Cook"County, Illinois.
ALSO
cr, CA
i
j
-?3ca 2-
folloviag de-scribed arsa ui space iYiaz aaore
saeat, ) which aad
iylar below a beriicntai plasa loeisg tar ;^oc=- ci w« ^- -iocr)
whish has aa elevation ef 23.» feet with relation to Chicago City 3atu= to y«ij a portion of a 33 stcry building with btsemeat and second case-
ier. described aa cooaenciag at th. northeast ccmer of Let 7in the
Assessor's Diviaica of the South half aad the 2ast 100 feet o- the Horth half of Slock 21 cf Kiazie's Addition to Chicago, being a Suniiyisicn . e*- the J)o-th '-action of Section 10, Township 3? North, Bange i-i 2asi of the Third Principal Meridian; thence South along tha Zast liae cf, said "Lot 7 725 feet; thence West parallel to the South line of Lots 7, 8 tad 9 in the aforesaid Subiivisicn S5.Se- faet to the point of bogiaaisg of the area herein described; thence continue West along aaid .parallel line 2RC7 feet to a point; thence Hcrth 8.00 feet to a poist; thence 2ast Z&.C7 feet to a point; thence South S.oo feet to the poiat of beglaaing, all ia Cook County, THiaois. Description of Cor.doainiuc ?ropert7 - rarcel C
That part of the fallowing described area and space lying above
a hcrisontal plzae (being the ceiling cf the first floor ) which
has aa elevation of 3J.2S feet vith relation to Chicago Cit7 Catus aad
lyis; bslow a heritor.-.*! plaae (beiag the floor ef the third floor)
which has aa elevation of SiSZ feet with relation to Chicago City Datua
to wit; a portion Of a 33 stcry building vith btaeaeat and sescsd base-
aent described is eaosenciag at the northeast earner of let 7 ia the
Assessor'* Division cf the South half and the Sast 100 feet of the North
half cf Slock 21 of Kiasit'a Addition to Chicago, being a Subdivision
of the North fraction of Section 10, Township 39 Horth, Range It 2aat
of the Third rrincipal fcsridlan; ther.ce South along the Sast liae of
said Lot 7 S~S feat; thence West taraUal to the South line of Lots
7, 8 aad 9 ia the aforesaid Subiivisioa SS.C0 feet ta the poiat cf
begiaaisg of the area herein described; - theace continue Vest along
««M parallel liae 23.c7feet.to a poiat j theace South £00 feet ta a.
poiat; thsnco Sast feet to a poiat; thenee Horth 8.00 feet to
the poiat of begianiag, all ia Cook County, Illinois. ~
ALSO
That part of the following described area and space lying above a horiscatal plane (beiag the ceiliag of the first flocr ) which has an elevation of 35.23 feet with relation to Chicago City Datua aad lyiag below- a hcriscctal plane {beiag ths flocr of the third flocr) which has aa elevation of StS2 fe«t vith relation to Chicago City Eatxa to wit i a portion of a 33 stcry building with basement and sec end base-Sreai described as ccaaenciag at tha northeast corner ef lat 7 ia tbe £r Assessor's Divislea of tbe South half and the Sast ICO fest of tha North West aiaag said parallel liae ZSjCJ feet to a poiat; theace Ncrth S.co fsst to a point; theace Sast 2SS1 feet to a pciht; thence South 3.CO faet to the point cf begiaaiag, all in Cook County, Illinois.
• Description af Car.dcaiaiun Property - parcel S
tixt, part of tho faHovirs described area "and space lyi-is above a hcriaoetal plane (being the floor of the first baseaeat ) which has an elevaticn of K83 fset with relation to Chicago City Datua and lyiag below a horizontal plane (beiag the 'csilirg of the first bassneai) which haa aa elevation of 22.02 feet with relatica to Chicago City Datua to wit: a portion of a 33 story building vita baaeaeat and seacad base-:ar. described aa camaenciag at the northeast corner of Let 7 ia the Assessor's Division cf the Scuth half and tho East 100 fset of ths Horth
af 31ocJc 21 of Xiazie's Addition to Chicago, being a Subiivisicn of the Hcrth fraction of Section IC, Township 39 Hcrth, Zaage i'i Sast of the Third: Principal Keridiaa; thencs South along ths-Sast lias of
Lot 7 5-f.S fset; thsnce West parallel ta ths South liae cf Lots 7, 8 and 9 la the aforesaid Subdivision 23.48 feet to the point of bffgirr.^ng of the area her tin described:/ thenee cantiaus West along said parallel 30.13 fset to a poiat; theace South: 7.55 fset to a poiat; theacs West .'3*2 fset to a poiat; theace Hcrth A52 feet to a joist; theace Sast A37 feet ta a poiat; thease Horth 2J& feat to a poiat; theace West Zts feet to a poiat; theace South 7.55 fest to a .point;...thence West 233 feet to a poiat; theace Horth 755 feet to a poiat; theace West 114.43 feet to a poiat; thence South-f-f-of feet to a poiat; thence Sast LS5 fest to a poiat,- theace Hcrth 1-23 feet to a poiat; theacs Sast l2Z.lt feet to a poiat; theace. Northeast aisag a. line foraiag aa angla of 45 degress to the left with the last described course 2j3 fset to a poiat { thence Northwest along a line
,'-£ ia angle of 90 degrees to the left with ths last described course USO feet to a roirt; thence Horth along a lias foraiag an angle of k5 degrees to the right with tbe last described course 18. IO feet to a noiat; theacs East °52 feet to a poiat; thence Horth 2^o fest to a point; thencs West 0.5Z feet to a poiat; theses Horth 5.03 fset to a acini; thence Sast 34S5 feet to a poiat; theace Souia 4.1S_ feet ta a poiat; thence Sast 7.SZ feet ta a poiat; theace Horth V8.C-3 fest to a poiat; theace Sast 0.73 feet to a poiat; theace Horth 2.0O feet to the poiat of beginning, all ia Cook County, Illinois.
ALSO ' _
That part of the following described arsa and space lying above
a horizontal plane (being the plane of a.stair laadiag ) which
has an slevatica of 11.42 feat with relation to Chicago Ci-=y Datua and
lyiag below a horizontal plane (being the ceiliag cf ths first baseaer.i)
which has an elevation of 23.02 feet with relation to Chicago City Da-ua
to vit: a portion of a 33 story building vith baseasnt aad second
bs.se- luent described as cc=r.snciag at ths northsast ccrner cf Lot 7 la the
Assessor's Division of the South .half aad ths Sast 100 feet cf the North
half of Slock 21 cf Kinzie's Addition to Chicago., beiag a Susiiviaica
of the Horth fraction ef Section 10, Township 39 Hcrth, ?.aa« lfc 3aa-
of the Third Principal feridian; theace South along the East liae ef
said Lot 7 J7_7,j?f*etj thencs West parallel ta the South liae of Lots
7, S aad ? is the aforesaid Subdivision 23.f° feet tc the acirt of
begiraiag of the area herein desariied; continue Wes-. along
said parallel line 0.S7 .fsst to a poi.-.t; theacs Scuth €.52 fest ta a point; thence Vest 7.52 fast to a point; thence "orth S.2S feet to a point; thencs last Z5Z fsst to a poir.t; thencs Scuth C.33 feet to a point; thence Sast O.'.l fest to a point; thsnce South 2,51 feet to the point cf beginning, all in Cook County, Illinois.
ALSO
EEsrr "a"
That par-, ef ths following described arsa and space lying above
i her'-o-xai Sians (being the cef.'.ns of the second basenent 3 uhi-h
has aTti.ya-.ios of W fort v/ith relation to Chicago City Datua aad
TyiaTbe'ow a hcrisontai plane (beias the flocr cf the first basement)
wMrt has" « allien of V.W feet vith relation to Chicago City Datua
to a oortlas of a 33 story building with baseaer.t and second bass-
aent described as coaaencing at ths northeast corner of Lot 7 -n the. Assessor's Division of ths South half and the Sast 100 feat o. the He. j, half cf 31oc3c 21 of Xinsis's Addition to Chicago, being a Subdivision o' ths Ko-tft fraction of Section 10, Township 39 North, P.aage 1-j Eas.
Th '-d --inci-a'j. fcsridiau; theace Sou in aloag -he list _ae 0.
sa«~ Lot ? 54 c- thence West parallel to the South liae cf Lots
7,1 and 9 la "the aforesaid Subdivision flS-Wfeet to the poiat of
becinniag of ths area hersin described: thencs continue West along
salr?arall--: -is. ZL-1 f«t to a point; thence South B.OO -0 a.
ooiat- thencs East 2S.67 fsst to a point; thence Month &eo fest to ths point of beginning, all la Cook County. Illinois.
ALSO
a hori , - _
has an elevation of H/« fest with relaticn to Chicago City Datua aad iv-5 .bslow a horizontal plane (being the flocr ef the first baaeaeat) vniah has an elevation of H.83 fest with relation to Chicago City Datua to wit: a portioa of a 33 story building vith casaaeat and second base-aeat"described as ccaasacing at ths northeast earner cf Lot 7 in the Asset's Divisicn- sf the Scuth half and ths East 100 feet of the Horth half a< 31ock 21 of Kinds's Addition to Chicago, being a Subdivision of the Horth fraction of Section 10, Township 39 Berth. P.ange i1* East 0-r ilje tm^j -s-'-.^pal Keridian; theacs South along the East liae of said Lot *7 ~T7.5 fset; thence West parallel to the South line of Lets 7, 8 and 9 ia the aforesaid Subdivision SS.6O feet to the point of beg«~V-.g cf tho area hersia described; thence continue West along said parallel lias 2S.ff7fest to a poiat; thenee Horth Sso fest to a point; theacs East Z3.G7 fest to a poiat; thence South Z.00 feet ta the point "of beginning, all ia Cook County, Illinois.
CT. -si Cl CO
cn
Description of Ccndcalniua Property
That part of the following described area and space lying above a horicoatai plane (being the floor cf the second basenent ) which has aa elevation cf 5.56 feat vith relation to Chicago City Da tun aad lying below a horizontal plane (being the ceiling of the second basenent) ¦»hisi has ia elevation of tt.lS fest vith relation to Chicago City Datua to Kit j a portion of a 33 story build trig vith basenent and second base-ae.-.t described as co.-^aencir.g at ths northeast comer of Lo-; 7 in the Assessor's Division cf the South half and ths East 100 feet of the Horth half of Block 21 of Kincie's Addition to Chicago, being a Subdivision of the Horth fraction of Section 10, Tcvr.ship 39 Ncrth, Sange H> East of the Third Principal Ksridlaa; thence South along the East line cf said Lot 7 34.5 fsst; thsnce West parallel to the South liae of Lots 7. 8 aad 9 in the aforesaid Subdivision 41.43 fset to the point cf >*Siraiag of ths area herein described; thence continue West along said parallel liae K.08 feet to a point; thence Scuth 7.55 feet to «u point; thence Vest 11-63 fset to a point; thsr.cs North^57 f--t ta a point; theace East O.eG fset to a point; thence Horth 2.a5 feet to a paint; thence West 722 feet to a poiat; thence South 7.53 feet to a pcint; thence West 7.68 fest to a poiat; theace Hcrth 7,55 fest to a pcint; thencs Vest 114.3/ feet to a poiat; thsnce South 44£S fest to a poiat; thencs East LSS fs-t to a poiat; thence Hcrth 123 feet to a poiat; thsnce East /2£33 feet to a point; theacs Hcrth 20£Z feet to a point; thence West aCS fest to a paint; thence North 2.0O fset to a poiat; thence East 23.54 feet to a point; thence North 13.00 fest to a pcint; thence East C.6j feet to a point; thence North 2.90 feet to the point of beginning, all Jin Cook County, Illinois.
ALSO
That part ef the.following described area and space lyiag above
a bcriacntal plane . which '
has as elevation ct'sAl fest with relation to Chicago City Eatun aad lying below a hcriscatal plane
which has an elevation of 10.04 fest with relation ta Chicago City Da™
to vii: a portion of a 33 stcry building with baseasnt and see cad base-
aent described aa cocaenciag at the northeast corner cf Lot 7 ia the
Assessor's Division of the South half aad ths East 100 feet of the No-th
half cf Elock 21 of Kinzie's Addition to Chicago, beiag a Subdivision
of the Hcrth fraction of Section 10, Township 39 Horth, Eange lfi East
^/-he Third Principal Keridian: thenee South along the Sast liae ef
aald Let 7 715' feet; thence We>st para Hcl to the South line of Lots
7, 3 and o ia the aforesaid Subdivision 41.43 feet to tbe point of
eegiraiag of the area herein described: theace continue West alchg
said parallel liae d£» f-st to t poir.t; ther.ce South 20.6Z feet tc a
point; thence Vest feet to a poiat; thsnce Horth 2bAZ feet to a
poiat; thencs Vest 0X5 fest to a point; thence Hcrth Zjco fset to a point; thence East2C.20 feet to a point; thence South 2.CO feet to the point of beginning, all in Cock County, Illinois.
DCSX3TT "A"
Deseriptios of Condoeiriua Property - Parcel ?
That part ef the fallowing described area and space lyiag abpye a herizartal plane (being the floor of the secccd floor ) which has an elevation of 36.89 feet with relation to Chicago City Datua aad lying below a horizontal plane which has aa elevation of 45.86 feet with relation to Chicago City Datua tc vit; a portion cf a 33 story building vith baaeser.i and second baseaeat described as sssBsaciag at the north-east comer of Lot 7 in th* Assessor's Division ef the South half aad the Sast 100 feet of the North half of Sleek 21 cf Eiazis's Addition to Chicago, being a Subdivision of tbe North fraction of Section 10, Township 35 Horth, Saage 14 East of the Third Principal Meridian; thsace. South along the last liae of said Lot 7 5^-5 feet; theace Vest¦parallel to the South lias of Lots 7. 8 aad 9 ia the aforesaid aubdiviaion 121.67 feet to the poiat of begianlag of the area herein described; thencs continue Vest along said parallel liae 6.82 feet to a point; theace Horth 3.3O feet to a point; theace Vest 12.13 feet to a.point; theace North 15.60 fset to a point; thsace East 11.30 fest to a poiat; thence Southeast along a liae farxiag an aagle of ^5 degress tc the right vith the last described course 1.55 feet to a point; thence Harthe&st along a line foraiag aa angle of 90 degrees vith the last described course i.65 feat to a poiat; theaco East It.88 feet to a point; thence South 12.90 feet to ths point of beginning; all in Cook County, Ulincis.
1.EGAL DESCRIPTION ATTACKED (EXHIBIT "A-^TG AfTIDAVIT OF TITLE FOR 535 NORTH MICHIGAN AVENGE
TRACT 1; PARCEL 1:
Lot 7 in Assessor's Division of the South half and the East 103 feet of the North half of Block 21 in Kinzie's Addition to fractional Section 10, Township 39 North, Range 14, East • of the Third Principal Meridian, in Cook County, Illinois.
PARCEL 2:
Lots 8 and 9 in Assessor's Division of the South half and the East 103 feet of the North half of Block 21 in Kinzie's Addition to Chicago in Section 10, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois.
PARCEL 3:
Lot 7 in W.L. Newberry's Subdivision of the North 118 feet Of the West 200 feet of Block 21 in Kinzie's Addition to Chicago in Section 10, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois.
PARCEL 4:
The triangular shaped part of the East and West public alley lying West of and adjoining the East line of Lot 7, extended South, to its intersection with the South line of Lot 7, extended East, in said Newberry's Subdivision, being that portion of said alley vacated by Ordinance passed October 11, 1961 and recorded November 1, 1961 as Document 16318484, all in Cook County, Illinois.
LESS THAT PORTION LEGALLY DESCRIBED AS FOLLOWS: Parcel A
That part of the following described area and space lying above a horizontal plane (being the floor of the third floor) which has an elevation of 51.83 feet with relation to Chicago City Datura and lying below a horizontal plane (being the roof of the penthouse) which has an elevation of 347.46 feet with relation to Chicago City Datum to wit: an area and space including a portion of a 33 story building with penthouse, basement and second baseinent described as the South 68.0 feet of Lots 7, 8 and 9 in the Assessor's Division of the South half and the East 100 feet of the North half of Block 21 in Xinzie's Addition to Chicago, being a Subdivision of the North fraction of Section 10, Township 39 North, Range 14 East of the ^i Third Principal Meridian, all in Cook County, Illinois.
Parcel B CJ
That part of the following described area and space lying CA
above a horizontal plane (being the floor of the first floor)
which has an elevation of 23.90 feet with relation to
Chicago City Datum and lying below a horizontal plane (being
the ceiling of the first floor) which has an elevation of
36.25 feet with relation to Chicago City Datum to wit:
a portion of a 33 story building with basement and second
baseinent described as commencing at the northeast corner
of Lot 7 in the Assessor's Division of the South half and
the East 100 feet of the North half of Block 21 of Kinzie's
Addition to Chicago, being a Subdivision of the North fraction
of Section 10, Township 39 North, Range 14 East of the Third
Principal Meridian; thence South along the East line of said
Lot 7 54.5 feet; thence' West parallel to the South line of
-1-
EXHIBIT "A"
Lots 7. 8 and 9 in the aforesaid Subdivision 85.42 feet to the point of beginning of the area herein described; thence continue West along said parallel line 29.50 feet to a point, thence North *.S3 fe=t.to a rcir.t; thence East 0.95 feet to a point, thence North 3.93 feet to a point; thence Wast 41.00 feet to a point; thence South 37.14 feet to a point; then" West 0.80. feet to a point: thence South 4.28 feet to a point, thence East 70.35 feet to a point; thence North 32.6 6 teet to the point of beginning, all in Cook County, Illinois.
ALSO
That part of the following described area and space lying above a horizontal plane (being the ceiling of the first baseinent) which has an elevation of 23.02 feet with relation to Chicago City Datum and lying below a horizontal Plane {being the floor of the first floor) which has an elevation of 23.90 feet with relation to Chicago City Datura to wit: •a portion of a 33 story building with basement and second basement described as commencing at the northeast corner of Lot 7 in the Assessor's Division of the South half and the East 100 feet of the North half of Block 21 of Kinzie s Addition to Chicago, being a Subdivision of the North *«Ction of Section 10, Township 39 North, Range 14 East of the Third Principal Meridian; thence South along the East line of said Lot 7 54.5 feet? thence West parallel to the South lane of JJots 7, 8 and 9 in the aforesaid Subdivision 85.€0 feet to the point of beginning of the area herein described; thence continue West along said parallel line 28.67 feet to a point; thence South 8.00 feet to a point; thence East 28.67 feet to a point: thence North 8.00 feet to the point of beginning, all in Cook County, Illinois.
ALSO
C7i
That part of the following described area ana space lying above a horizontal plane (being the ceiling of the first basement) which has an elevation of 23.02 feet with relation to Chicago City Datura and lying below a horizontal Plane (being the floor of the first floor) which has an elevation of 23.90 feet with relation to Chicago City Datum to wit: a portion of a 33 story building with basement and second basement described as commencing at the northeast corner of Lot 7 in the Assessor's Division of the South half and the East 100 feet of the North half of Block 21 6f Kinzie s Addition to Chicago, being a subdivision of the North faction of Section 10, Township 39 North, Range 14 East of the Hurt Principal Meridian; thence South along the East line of said Lot 7 77.5 feet; thence West parallel to the South line of Lots 7, B and 9 in the aforesaid Subdivision 85.60 feet to the point of beginning of the area herein described; thence continue West along said parallel line 28.67 feet to a point; thence North 8.00 feet to a point; thence East 28.67 feet to a point; thence South 8.00 feet to the point of beginning, all in Cook County, Illinois.
Parcel C
That part of the following described area and space lying ^ above a horizontal plane (being the ceiling of the first ^ floor) which has an elevation of 36.25 feet with relation to w Chicago City Datum and lying below a horizontal plane toeing p. the floor of the third floor) which has an elevation of 51.83 feet with relation to Chicago City Datum to wit: a portion of a 33 story building with basement and second basement described as commencing at the northeast corner of Lot 7 in the Assessor's Division of the South half and the East 100 feet of the North half of Block 21 of Kinzie's Addition to
-2-
7 'a and 9 in'tne aforesaid Subdivision 85 60 feet to t e Fomt or beginning of the area herein described; thence continue . SLrSSng Lid parallel line 28.67 feet to a point; the nee South 8 00 feet to a point; thence East 28.67 feet to a SiS.- ihince North.b!oo feet to the point of beginning, all in Cook County, Illinois.
ALSO
That part of the following described area and#space lyinq
above a horizontal plane (being the ceiling of the
floor) which has an elevation of 36.25 feet with relation
to Chicago City Datum ana lying below a horizontal Pi*"*
(being the floor of the third floor) which has an elevation
of 51.83 feet with relation to Chicago City »t»towt:
a portion of a 33 story building .vith basement and second
basement described as commencing at the "ortheast corner of
Lot 7 in the Assessor's Division of the South half and the
East 100 feet of the North half of Block 21 of KJuwij * .
Addition to Chicago, being a Subdivision of the North fraction
of Section 10, Township 39 North. Range 14 East of the Third
Principal Meridian; thence South along the East line of said
Lot 7 77.5 feet; thence West parallel to the South line of
Lots 7, 8 and 9 in the aforesaid Subdivision 85.60 feet to
the point of beginning of the area herein described; thence
continue West along said parallel line 2B to a point;
thence North 8.00 feet to a point; thence East 28;" to a point; thence South 8.00 feet to the point of beginning, all in Cook County, Illinois. 1
Parcel D
That part of the following described area and space lying
above a horizontal plane (being the floor of the first
basement) which has an elevation of 14.89 feet with relation
to Chicago City Datum and lying below a horizontal plane
(Ling the ceiling of the first basement) which has an elevation
of £?02feet with relation to Chicago City Datum ttj.it : a
portion of a 33 story building vith basement and second
basement described as commencing, at the ««theast the
lot7in the Assessor's Division of the S»uth wdQthe
East 100 feet of the North half of Block 21 of Kin*** * „.
Addition to Chicago, being a Subdivision of the North fraction
of Section 10, Township, 39 North, Range 14 East of the
Third Principal Meridian, thence South alongthe East line
of said Lot 7 54.5 feet; thence West parallel to the South
line of Lots 7, 8 and 9 in the aforesaid Subdivision 28 48
feet to the point of beginning of the area herein described;
thence continue West along said parallel line 3D.19 feet to
a point; thence South 7.55 feet to n point; thence West
13.42 feet to a point; thence North 5.52 feet to apoint;
thence East 1.37 feet to a point; thence North 2.03 fe*t
to « point; thence West 7.15 feet to* poiat; thenee South 1
7.55 feet to a point) thence West 7.SB feet to a point j ^
thenee North 7.55 feet to « point; thence West 114.*3 feet
to a point; thence South 44.86 feet to a point: thence East 1.55
feet to a point; thence North 1-23 feet to a point; thence £
East 126.78 feet to a point; thence Northeast along a line form-, CA
ing an angle of 45 degrees to the left with the last described >-»¦
course 2.03 feet to a point; thence Northwest along a line
forming an angle of 90 degrees to the left with the last
described course 1.60 feet to a point; thence North along a
line forming an angle of 4 5 degrees to the right with the
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last described course 18.10 feet to a point; thence East
0.52 feet to a point; thence North 2.00 feet to a point;'thence West 0.S2 feet to a point; thence North 5.09 feet to a point; thence East 34.55 feet to a point; thence South 4.76 feet to a point; thsncs East 7.52 feet to a pcint; thence Norch 13.65 feat to a point; thence East 0.73 feet to * point; thenee North 2.00 feet to the point of beginning, all in Cook County, Illinois.
ALSO
That part of the following descriDed area and space lying above a horizontal plane (being the plane of a stair landing) which has an elevation of 11.42 feet with relation to Chicago City. Datum and lying below a horizontal plane (being the ceiling of the first basement) which has an elevation of 23.02 feet with relation to Chicago City Datum to wit: a portion of a 33 story building with basement and second basement described as commencing at the northeast corner of Lot 7 in the Assessor's Division of the South half and the East 100 feet of the North half of Block 21 of Kinzie's Addition to Chicago, being a Subdivision of the North fraction of Section 10, Township 39 North, Range 14 East of the Third Principal Meridian; thence South along the East line of said Lot 7 77.99 feet; thence Nest parallel to the South line of Lots 7, 6 and 9 in the aforesaid Subdivision 28.48 feet to the point of beginning of the area herein described; thence continue West along said parallel line 0.66 feet to a point; thence South 6.52 feet to a point; thence West 7.52 feet to a point; thence North 9.36 feet to a point; thence East 7.52 feet to a point; thence South 0.33 feet to a point; thence East 0.67 feet to a point; thence South 2.SI feet to the point of beginning, all in Cook County, Illinois.
ALSO
That part of the following described area and space lying
above a horizontal plane (being the ceiling of the second
basement) which has an elevation of 14.16 feet with relation
to Chicago City Datum and lying below a horizontal plane
(being the floor of the first basement) which has an elevation
of 14.83 feet with relation to Chicago City Datum to wit:
a portion of a 33 story building with basement and second
basement described as commencing at the northeast corner of
Lot 7 in the Assessor's Division of the South half and the
East 100 feet of the North half of Block 21 of Kinzie's
Addition to Chicago, being a Subdivision of the North fraction
of Section 10, Township 39 North, Range 14 East of the Third
Principal Meridian; thence South along the East line of
said Lot 7 54.5 feet; thence. West parallel to the South line
of Lots 7, B and 9 in the aforesaid Subdivision 85.60 feet
to the point of beginning of the area, herein described;
thence continue West along said parallel line 28.67 feet to
a point; thence South 8.00 feet to a point; thence East 28.67 .
feet to a point; thence North 8.00 feet to the point of £
beginning, all in Cook County, Illinois. °^
ALSO £j
That part of the following described area and space lying c/l
above a horizontal plane (being the ceiling of the second ^
basement) which has an elevation of 14.16 feet with relation
to Chicago City Datum and lying below a horizontal plane
(being the floor of the first basement) which has an elevation
of 14.89 feet with relation to Chicago City Datum to wit:
a portion of a 33 story building with basement and second
basement described as commencing at the northeast corner of
Lot 7 in the Assessor's oivision of the South half and the
East 100 feet of the North half of Block 21 of Kinzie's
Addition to Chicago, being a Subdivision of the North fraction
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of Section 10, Township 39 North, Range 14 East of the Third Principal Meridian; thence South along the East line of said Lot 7 77-S feet; thence West parallel to the South line of Lots 7, 8 and 9 in the aforesaid Subdivision 85.60 feet to the point of beginning of the area herein described; thence continue West along said parallel line 28.6 7 feet to a point; thence North 8.00 feet to a point; thence East 28.67 feet to a point; thence South 8.00 feet to the point of beginning, all in cook County, Illinois.
Parcel E
That part of the following described area and space lying above a horizontal plane (being the floor of the second basement) which has an elevation of 5.96 feet with relation to Chicago City Datura and lying below a horizontal plane -(being the ceiling of the second basement) which has an elevation of 14.16 feet with relation to Chicago City Datum to wits a portion of a 33 story building with basement and second basement described as commencing at the> northeast corner of Lot 7 in the Assessor's Division of the South half and the East 100 feet of the North half of Block 21 of Kinzie's Addition to Chicago, being a Subdivision of the North Fraction of Section 10, Township 39 North, Range 14 East of the Third Principal Meridian; thence South along the East line of said Lot 7 54.5 feet; thence West parallel to the South line of Lots 7, 8 and 9 in the aforesaid Subdivision 41.49 feet to the point of beginning of the area herein described; thence continue West along said parallel line 16.08 feet to a point; thence South 7.55 feet to a point; thence West 12.68 feet to a point; thence North 5.57 feet to a point; thence East 0.66 feet to a point; thence North 2.05 feet to a point; thence West 7.22 feet to a point; thence South 7.53 feet to a point; thence West 7.68 feet to a point; thence North 7.55 feet to a point; thence West 114.31 feet to a point; thence South 44.85 feet to a point; thence East 1.55 feet to a point; thence North 1.23 feet to a point; thence East 126.23 feet to a point; thence North 20.62 feet to a point; thence West 0.68 feet to a point; thence North 2.00 feet to a point; thence East 29.54 feet to a point; thence North 19.0 0 feet to a point; thence East 0.67 feet to a point; thence North 2.00 feet to the point of beginning, all in Cook County, Illinois.
ALSO
That part of the following described area and space lying above a horizontal plane which has an elevation of 5.B1 feet with relation to Chicago City Datum and lying below a horizontal plane which has an elevation of 10.04 feet with relation to Chicago City Datum to wit: a portion of a 33 story building with basement and second basement described as commencing at the northeast corner of Lot 7 in the Assessor's Division of the South half and the East 100 feet of the North half of Block 21 in Kinzie's Addition to Chicaqo, being a Subdivision of the North fraction of Section 10, Township 39 North, Range 14 East of the Third Principal Meridian; thence South along the East line of said Lot 7 77.5 feet; thence West parallel to the South line of Lots 7, 8 and 9 in the aforesaid Subdivision 41.49 feet to the point of beginning of the area herein described; thence continue West along said parallel line 0.66 feet to a point; thence South 20.62 feet to a point; thence West 0.68 feet to a point; thence North 2.00 feet to a point; thence East 30.20 feet to a point; thence South 2.00 feet to the point of beginning, all in Cook County, Illinois.
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Parcel F
That part of the following described area and space lying above a horizontal plane (being the floor of the second floor) which has an elevation of 36.89 feet with relation to Chicago City Datum and lying below a horizontal plane which has an elevation of 45.86 feet with relation to Chicago City Datum to wit: a portion of a 33 story building with basement and second basement described as commencing at the northeast corner of lot 7 in Assessor's Division of the South half and the East 100 feet of the North half of Block 21 of Kinzie's Addition to Chicago, being a Subdivision of the North fraction of Section 10, Township 39 North, Range 14 East of the Third Principal Meridians thence South along the East line of said Lot 7 54.5 feet; thence West parallel to the South line of Lots 7, 8 and 9 in the aforesaid subdivision 121.87 feet to the point of beginning of the area herein described; thence continue Nest along said parallel line 6.82 feet to a point; thence North 3.30 feet to a point; thence West 12.13 feet to a point; thence North 15.60 feet to a point; thence East 11.30 feet to a point; thence Southeast along a line forming an angle of 45 degrees to the right with the last described course 1.65 feet to a point; thence Northeast along a line forming an angle of 90 degrees with the last described course 1.65 feet to a point; thence East 4.88 feet to a point; thence South 18.90 feet to the point of beginning; all in Cook County, Illinois.
D 1 A T WITH THIS PL Hi DOCUMENT
HAS BEEN MICROFILMED
,F!- )a K„ . r 26763451
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Exhibit B
Legal Description of Grand Abutting Property
160 E. Grand Avenue Chicago Illinois 60611
Lots 5 and 6 in Assessor's Division of South !4 of East 103 feet of North !4 of block 21 in Kinzie's addition to Chicago, a subdivision of North fractional half of Section 10, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois.
Exhibit C Project Plan
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Exhibit D
Public Way Easement Areas and Legal Description
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IN PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL; MERIDIAN, IN COOK COUNTY, ILLINOIS.
THAT PART OF EAST GRAND AVENUE 74 FOOT WIDE RIGHT OF WAY LYING SOUTH OF AND ADJOINING THE SOUTH LINE OF BLOCK 21 IN KINZIE'S ADDITION TO CHICAGO BEING A SUBDIVISION IN THE NORTH FRACTION OF SECTION 10, TOWNSHIP 39^ NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED JANUARY 18,1834 ANTE-FIRE; LYING BELOW A HORIZONTAL PLANE HAVING AN ELEVATION OF +49.78 FEET CHICAGO CITY DATUM AND LYING ABOUT A HORIZONTAL PLANE HAVING AN ELEVATION OF +22.29 FEET CHICAGO CITY DATUMAND LYING WITHIN ITS HORIZONTAL BOUNDARY PROJECTED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 21 (ALSO BEING ON THE NORTH RIGHT OF WAY OF E. GRAND AVENUE AND THE EAST RIGHT OF WAY LINE OF N. MICHIGAN AVENUE); THENCE SOUTH 00 DEGREES 06 MINUTES 26 SECONDS WEST ALONG THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID BLOCK 21 A DISTANCE OF 20.00 FEET; THENCE NORTH 89 DEGREES 54 MINUTES31 SECONDS EAST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID BLOCK 21 A DISTANCE OF 256.00 FEET; THENCE NORTH 00 DEGREES 06 MINUTES26 SECONDS EAST 20.00 FEET TO A POINT ON THE SOUTH LINE OF SAID BLOCK 21; THENCE SOUTH 89 DEGREES 54 MINUTES 31 SECONDS WEST ALONG THE SOUTH LINE OF SAID BLOCK 21(ALSO BEING ON THE NORTH RIGHT OF WAY OF E. GRAND AVENUE), A DISTANCE OF 256.00 FEET TO A POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS, SAID ABOVE DESCRIBED PARCEL CONTAINING 5,120 SQUARE FEET, OR 0.12 ACRES, MORE OR LESS. 1
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Exhibit E
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Elevator Easement Areas
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Existing First Floor at Grand Avenue
Existing Second Floor Michigan Avenue Level
Exhibit F
Operating Insurance
Grantees must provide and maintain at Grantee's own expense, during the term of the Agreement and during the time period following expiration if Grantees is required to return and perform any work, services, or operations, the insurance coverage and requirements specified below, insuring all work, services, or operations related to the Agreement.
A. INSURANCE TO BE PROVIDED
Workers Compensation and Employers Liability
Workers Compensation Insurance, 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 $500,000 each accident, illness or disease.
Grantees may use a combination of primary and excess/umbrella policy/policies to satisfy the limits of liability required herein. The excess/umbrella policy/policies must provide the same coverages/follow form as the underlying policy/policies.
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Commercial General Liability (Primary and Umbrella)
Commercial General Liability Insurance or equivalent must be maintained with limits of not less than $1,000,000 per occurrence, or the full per occurrence limits of the policy, whichever is greater, for bodily injury, personal injury, and property damage liability. Coverages must include but not be limited to the following: All premises and operations, products/completed operations, separation of insureds, defense, and contractual liability (not to include Endorsement CG 21 39 or equivalent).
The City must be provided additional insured status with respect to liability arising out of Grantee's work, services or operations related to this Agreement. The City's additional insured status must apply to liability and defense of suits arising out of Grantee's acts or omissions, whether such liability is attributable to the Grantees or to the City on an additional insured endorsement form acceptable to the City. The full policy limits and scope of protection also will apply to the City as an additional insured, even if they exceed the City's minimum limits required herein. Grantee's liability insurance must be primary without right of contribution by any other insurance or self-insurance maintained by or available to the City.
Grantees may use a combination of primary and excess/umbrella policy/policies to satisfy the limits of liability required herein. The excess/umbrella policy/policies must provide the same coverages/follow form as the underlying policy/policies.
3) Automobile Liability (Primary and Umbrella)
Grantees must maintain Automobile Liability Insurance with limits of not less than $1,000,000 per occurrence, or the full per occurrence limits of the policy, whichever is greater, for bodily injury and property damage. Coverages must include, but not be limited to, the following: ownership, maintenance, or use of any auto whether owned,
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leased, non-owned or hired' used in the performance of the work. The City and other entities required by City are to be named as additional insureds on a primary, non-contributory basis. !
Grantees may use a combination of primary and excess/umbrella policy/policies to satisfy the limits of liability required herein. The excess/umbrella policy/policies must provide the same coverages/follow form as the underlying policy/policies.
Excess/Umbrella
Excess/Umbrella Liability Insurance must be maintained with limits of not less than $10,000,000 per occurrence, or the full per occurrence limits of the policy, whichever is greater. The policy/policies must provide the same coverages/follow form as the underlying Commercial General Liability, Automobile Liability, Employers Liability and Completed Operations coverage required herein and expressly provide that the excess or umbrella policy/policies will drop down over reduced and/or exhausted aggregate limit, if any, of the underlying insurance. The Excess/Umbrella policy/policies must be primary without right of contribution by any other insurance or self-insurance maintained by or available to the City.
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Grantees may use a combination of primary and excess/umbrella policies to satisfy the limits of liability required in sections A.1, A.2, A3 and A.4 herein.
Professional Liability ;
When any architect's engineers, construction managers or any other professional consultants perform work, services, or operations in connection with this Agreement, Professional Liability Insurance covering acts, errors, or omissions must be maintained or cause to be maintained, with limits of not less than $2.000,000. Coverage must include pollution liability if environmental site assessments will be done. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede start of work or services on the Agreement. A claims-made policy which is not renewed or replaced must have an extended reporting period of two (2) years.
B. ADDITIONAL REQUIREMENTS
Evidence of Insurance. Grantees must furnish the City of Chicago, Department of Transportation, Bureau of Project Management, 30 North LaSalle Street, Room 500, Chicago, IL. 60602, certificates of insurance and additional insured endorsement, or other evidence of insurance, to be in force on the date^ of this Agreement, and renewal certificates of Insurance and endorsement, or such similar evidence, if the coverages have an expiration or renewal date occurring during the term of this Agreement. Grantees must submit evidence of insurance prior to execution of Agreement. The receipt of any certificate does not constitute Agreement by the City that the insurance requirements in the Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all requirements of Agreement. The failure of the City to obtain, nor the City's receipt of, or failure to object to a non-complying insurance certificate, endorsement or other insurance evidence from Grantees, their insurance broker(s) and/or insurer(s) will not be construed as a waiver by the City of any of the required insurance provisions. Grantees must advise all insurers of the Agreement provisions regarding insurance. The City in no way warrants that the insurance required herein is sufficient to protect Grantees for liabilities which may arise from or relate to the Agreement. The City reserves the right to obtain complete, certified copies of any required insurance policies at any time.
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Failure to Maintain Insurance. Failure of the Grantees to comply with required coverage and terms and conditions outlined herein will not limit Grantee's liability or responsibility nor does it relieve Grantees of the obligation to provide insurance as specified in this Agreement. Nonfulfillment of the insurance conditions may constitute a violation of the Agreement, and the , City retains the right to suspend this Agreement until proper evidence of insurance is provided, or the Agreement may be terminated.
Notice of Material Change, Cancellation or Non-Renewal. Grantees must provide for thirty (30) days prior written notice to be given to the City in the event coverage is substantially changed, canceled or non-renewed and ten (10) days prior written notice for non-payment of premium.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions on referenced insurance coverages must be borne by Grantees.
Waiver of Subrogation. Grantees hereby waive its rights, and agrees to require their insurers to waive their rights of subrogation against the City under all required insurance herein for any loss arising from or relating to this Agreement. Grantees agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City received a waiver of subrogation endorsement for Grantee's insurer(s).
Grantee's Insurance Primary. All insurance required of Grantees under this Agreement shall be endorsed to state that Grantee's insurance policy is primary and not contributory with any insurance carrier by the City.
No Limitation as to Grantee's Liabilities. The coverages and limits furnished by Grantees in no way limit the Grantee's liabilities and responsibilities specified within the Agreement or by law.
No Contribution by City. Any insurance or self-insurance programs maintained by the City do not contribute with insurance provided by Grantees under this Agreement.
Insurance not Limited bv Indemnification. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Agreement or any limitation placed on the indemnity in this Agreement given as a matter of law.
Insurance and Limits Maintained. If Grantees maintains higher limits and/or broader coverage than the minimums shown herein, the1 City requires and shall be entitled the higher limits and/or broader coverage maintained by Grantees. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Joint Venture or Limited Liability Company. If Grantees is a joint venture or limited liability company, the insurance policies must name the joint venture or limited liability company as a named insured.
Other Insurance obtained by Grantees. If Grantees desires additional coverages, the Grantees will be responsible for the acquisition and cost.
Insurance required of Subcontractors.1 Grantees shall name any Subcontractor(s) as a named insured(s) under Grantee's insurance! or Grantees will require each Subcontractor to provide and maintain Commercial General Liability, Commercial Automobile Liability, Worker's
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Compensation and Employers Liability Insurance and when applicable Excess/Umbrella Liability Insurance with coverage at least as broad as in outlined in Section A, Insurance Required. The limits of coverage will be determined by Grantees. Grantees shall determine if Subcontractor(s) must also provide any additional coverage or other coverage outlined in Section A, Insurance Required. Grantees are responsible for ensuring that each Subcontractor has named the City as an additional insured where required and name the City as an additional insured on an endorsement form acceptable to the. City. Grantees are also responsible for ensuring that each Subcontractor has complied with the required coverage and terms and conditions outlined in this Section B, Additional Requirements. When requested by the City, Grantees must provide to the City certificates of insurance and additional insured endorsements or other evidence of insurance. The City reserves the right to obtain complete, certified copies of any required insurance policies at any time. Failure of the Subcontractor(s) to comply with required coverage and terms and conditions outlined herein will not limit Grantee's liability or responsibility.
City's Right to Modify. Notwithstanding any provisions in the Agreement to the contrary, the City, Department of Finance, Risk Management Office maintains the right to modify, delete, alter or change these requirements.
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Exhibit G
Construction Insurance
The Contractor must provide and maintain at Contractor's own expense, or cause to be provided, until Agreement completion and during the time period following completion if Contractor is required to return and perform any additional work, services, or operations, the insurance coverages and requirements specified below, insuring all work, services or operations related to the Agreement.
A. INSURANCE REQUIRED
Workers Compensation and Employers Liability (Primary and Umbrella)
Workers Compensation Insurance, as prescribed by applicable law covering all employees who are to provide a work, services or operations under this Agreement and Employers Liability coverage with limits of not less than $1.000,000 each accident, $1.000,000 disease-policy limit, and $1,000,000 disease-each employee, or the full per occurrence limits of the policy,; whichever is greater.
Contractor may use a combination of primary and excess/umbrella policy/policies to satisfy*the limits of liability required herein. The excess/umbrella policy/policies must provide the same coverages/follow form as the underlying policy/policies.
Commercial General Liability (Primary and Umbrella)
Commercial General Liability, Insurance or equivalent must be maintained with limits of not less than $5,000,000 per occurrence, or the full per occurrence limits of the policy, whichever is greater, for bodily injury, personal injury, and property damage liability. Coverages must include but not be limited to, the following: All premises and operations, products/completed operations (for a minimum of two (2) years following project completion) explosion, collapse, underground, separation of insureds, defense, contractual liability (not to include endorsement CG 21 39 or equivalent).
The City and Grantees must be provided additional insured status with respect to liability arising out of Contractor's work, services or operations and completed operations performed on behalf of the Grantees. Such additional insured coverage must be provided on ISO form CG 2010 10 01 and CG 2037 10 01 or on an endorsement form at least as broad for ongoing operations and completed operations. The City's and Grantee's additional insured status must apply to liability and defense of suits arising out of Contractor's acts or omissions, whether such liability is attributable to the Contactor, Grantees or to the City. The full policy limits and scope of protection also will apply to the City and Grantees as additional insureds, even if they exceed the City's minimum limits required herein. Contractor's liability insurance must be primary without right of contribution by any other insurance or self-insurance maintained by or available to the City and Grantees. ,
Contractor may use a combination of primary and excess/umbrella policy/policies to satisfy the limits of liability required herein. The excess/umbrella policy/policies must provide the same coverages/follow form as the underlying policy/policies.
Automobile Liability (Primary and Umbrella)
Contractor must maintain Automobile Liability Insurance with limits of not less than $2,000,000 per occurrence, or the full per occurrence limits of the policy, whichever is greater, for bodily injury and property damage. Coverage must include but not be limited to, the following: ownership,, maintenance, or use of any auto whether owned, leased, non-owned or hired used in the performance of the work or devices, both on and off the Project site including loading and unloading. The City is to be named as an additional insured on a primary, non-contributory basis.
Contractor may use a combination of primary and excess/umbrella policy/policies to satisfy the limits of liability required herein. The excess/umbrella policy/policies must provide the same coverages/follow form as the underlying policy/policies.
Excess/Umbrella
Excess/Umbrella Liability Insurance must be maintained with limits of not less than $20,000,000 per occurrence, or the full per occurrence limits of the policy, whichever is greater. The policy/policies must provide the same coverages/follow form as the underlying Commercial General Liability, Automobile Liability, Employers Liability and Completed Operations coverage required herein and expressly provide that the excess or umbrella policy/policies will drop down over reduced and/or exhausted aggregate limit, if any, of the underlying insurance. If a general aggregate limit applies the general aggregate must apply per project/location. The Excess/Umbrella policy/policies must be primary without right of contribution by any other insurance or self-insurance maintained by or available to the City and Grantees.
Contractor may use a combination of primary and excess/umbrella policies to satisfy the limits of liability required in sections A.1, A.2, A.3 and A.4 herein.
Builders Risk
When Contractor undertakes: any construction, including improvements, betterments, and/or repairs, the Contractor must provide All Risk Builders Risk Insurance at replacement cost for materials, supplies, equipment, machinery and fixtures that are or will be part of the permanent facility/project. Coverages must include but are not limited to, the following: right to partial occupancy, material stored off-site and in-transit, water including overflow, leakage, sewer backup or seepage, utility services, damage to adjoining and existing property, collapse, debris removal, faulty workmanship or materials, mechanical-electrical breakdown and testing.
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The Contractor is responsible for all loss or damage to personal property (including materials, equipment, tools and supplies) owned, rented or used by Contractor.
Professional Liability
When any architects, engineers, construction managers or other professional consultants perform work, ; services, or . operations in connection with this project/agreement, Professional Liability Insurance covering acts, errors, or omissions must be maintained with limits' of not less than $2,000,000. Coverage must include, but not be limited to, pollution liability if environmental site assessments are conducted. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede start of work on the Agreement. A claims-made policy which is not renewed or
replaced must have an extended reporting period of two (2) years.
7) Contractors Pollution Liability
When any work, services, or operations performed involves a potential pollution risk that may arise from the operations of Contractor's scope of services Contractors Pollution Liability must, be provided or caused to be provided, covering bodily injury, property damage and other losses caused by pollution conditions with limits of not less than $2,000.000 per occurrence. Coverage must include but not be limited to completed operations, contractual liability, defense, excavation, environmental cleanup, remediation and disposal and if applicable, include transportation and non-owned disposal coverage. When policies are renewed or replaced, the policy retroactive date must coincide with or precede start of work on the project. A claims-made policy which is not renewed or replaced must have an extended reporting period of two (2) years. The City and Grantees are to be named as additional insureds.
B. ADDITIONAL REQUIREMENTS
Evidence of Insurance. Contractor must furnish the City, Department of Transportation, Attn. Bureau of Project Management, 30 N. LaSalle Street, Room 500, Chicago, IL 60602, and Grantees, original certificates of insurance and additional insured endorsement, or other evidence of insurance, to be in force on the date of this Agreement, and renewal certificates of Insurance and endorsement, or such similar evidence, if the coverages have an expiration or renewal date occurring during the term of this Agreement. Contractor must submit evidence of insurance prior to execution of Agreement. The receipt of any certificate does not constitute agreement by the City and Grantees that the insurance requirements in the Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all requirements of Agreement. The failure of the City to obtain, nor the City's receipt of, or failure to object to a non-complying insurance certificate, endorsement or other insurance evidence from Contractor, its insurance broker(s) and/or insurer(s) will not be construed as a waiver by the City of any of the required insurance provisions. Contractor must advise all insurers of the Agreement provisions regarding insurance. The City in no way warrants that the insurance required herein is sufficient to protect Contractor for liabilities which may arise from or relate to the Agreement. The City reserves the right to obtain complete, certified copies of any required insurance policies at any time.
Failure to Maintain Insurance. Failure of the Contractor to comply with required coverage and terms and conditions outlined herein will not limit Contractor's liability or responsibility nor does it relieve Contractor of its obligation to provide insurance as specified in this Agreement. Nonfulfillment of the insurance conditions may constitute a violation of the Agreement, and the City retains the right to suspend this Agreement until proper evidence of insurance is provided, or the Agreement may be terminated.
Notice of Material Change. Cancellation or Non-Renewal. Contractor must provide for sixty (60) days prior written notice to be given to the City and Grantees in the event coverage is substantially changed, canceled or non-renewed and ten (10) days prior written notice for nonpayment of premium.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions on referenced insurance coverages must be borne by Contractor.
Waiver of Subrogation. Contractor hereby waives its rights and its insurers)' rights of subrogation and agrees to require their insurers to waive their rights of subrogation against the City and Grantees under all required insurance herein for any loss arising from or relating to this Agreement. Contractor agrees to obtain any endorsement that may be necessary to affect this
waiver of subrogation, but this provision applies regardless of whether or not the City and Grantees have received a waiver of subrogation endorsement for Contractor's insurers).
Contractors Insurance Primary. All insurance required of Contractor under this Agreement must be endorsed to state that Contractor's insurance policy is primary and not contributory with any insurance carrier by the City and/or Grantees.
No Limitation as to Contractor's Liabilities. The coverages and limits furnished by Contractor in no way limit the Contractor's liabilities and responsibilities specified within the Agreement or by law.
No Contribution by City. Any insurance or self-insurance programs maintained by the City do not contribute with insurance provided by Contractor under this Agreement.
Insurance not Limited bv Indemnification. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Agreement or any limitation placed on the indemnity in this Agreement given as a matter of law.
Joint Venture or Limited Liability Company. If Contractor is a joint venture or limited liability company, the insurance policies must name the joint venture or limited liability company as a named insured.
Other Insurance obtained by Contractor. If Contractor desires additional coverages, the Contractor will be responsible for the acquisition and cost.
Insurance required of Subcontractors. Contractor must name Subcontractor(s) as a named insured(s) under Contractor's insurance or Contractor will require each Subcontractor(s) to provide and maintain Commercial General Liability, Commercial Automobile Liability, Worker's Compensation and Employers Liability Insurance and when applicable Excess/Umbrella Liability Insurance with coverage at least as broad as in outlined in Section A, Insurance Required. The limits of coverage will be determined by Contractor. Contractor must determine if Subcontractor(s) must also provide any additional coverage or other coverage outlined in Section A, Insurance Required. Contractor is responsible for ensuring that each Subcontractor has named the City and Grantees as additional insureds where required and name the City and Grantees as an additional insured under the Commercial General Liability on ISO form CG 2010 10 01 and CG 2037 10 01 for ongoing operation and completed operations on an endorsement form at least as broad and acceptable to the City. Contractor is also responsible for ensuring that each Subcontractor has complied with the required coverage and terms and conditions outlined in this Section B, Additional Requirements. Failure of the Subcontractors to comply with required coverage and terms and conditions outlined herein will not limit Contractor's liability or responsibility.
City's Right to Modify. Notwithstanding any provisions in the Agreement to the contrary, the City, Department of Finance, Risk Management Office maintains the right to modify, delete, alter
or change these requirements.
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