Ordinance O2013-3398 Stale

Non-Routine City Matters City Business Easements


Long-term public way easement agreement with Northwestern Memorial Hospital for pedestrian overpass

Sponsors

Sponsor Ward
Reilly, Brendan
Reilly, Brendan Primary Sponsor Reilly, Brendan in Chicago City Council (Alderman)

History

Date Action Legislative body
6/04/13 Passed Chicago City Council
5/28/13 Recommended to Pass Committee on Transportation and Public Way
5/07/13 Referred Chicago City Council

Legislation text

ORDINANCE FOR LONG TERM EASMENT WHEREAS, The City of Chicago ("City") is a home rule unit of government by virtue of the provisions of the Constitution of the State of Illinois of 1970 and, as such, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City wishes to support the charitable, educational and philanthropic activities of established Not for Profit Corporations and encourage the continued viability and growth of such activities; and WHEREAS, in furtherance of such activities, many Not for Profit Corporations must move large numbers of vulnerable clients between adjacent properties that are bisected by public streets and alleys that are still required for public use; and WHEREAS, the City wishes to facilitate Not for Profit originated services to the public, and provide safe passage above public street(s) and alley(s) where necessary, for no compensation; and WHEREAS, Northwestern Memorial Hospital, an Illinois Not for Profit Corporation, uses the site currently as part of a medical campus; and WHEREAS, the City Council of the City of Chicago, after due investigation and consideration, has determined that the nature and extent of the public use and the public interest to be subserved is such as to warrant a long term easement for a pedestrian overpass over the public street described in the following ordinance; now therefore, WHEREAS, Northwestern Memorial Hospital, a Not for Profit corporation organized and existing under and by virtue of the Statues of the State of Illinois ("Grantee") is owner of the properties commonly identified as 239-259 and 220-258 E. Erie Street; and WHEREAS, Grantee has proposed the development of a pedestrian overpass (the "Pedestrian Overpass') to bridge the public right of way between adjacent properties owned by the Grantee; and WHEREAS, the Pedestrian Overpass will promote public health, safety and welfare by allowing patients, medical staff students, program participants, and visitors to traverse between the hospital building owned by the Grantee, protected from weather and from vehicular traffic; and WHEREAS, Grantee will expend substantial sums in constructing the Pedestrian Overpass and related construction in order to facilitate the interconnection between buildings; and WHEREAS, the Pedestrian Overpass will require the use of the public right-of-way, specifically the limited air rights above the grade of the street as more fully described on the Plat of Easement attached hereto and make a part hereof as Exhibit A; and WHEREAS, the Department of Transportation has determined that the Pedestrian Overpass will not interfere with the City's traffic infrastructure and will benefit the citizens of the City of Chicago; and WHEREAS, the City is willing to grant Grantee an easement on the same terms and conditions set forth in the Public Way Easement Agreement (the "Public Way Easement Agreement") attached hereto and incorporated herein as Exhibit B; now, therefore, Be it Ordained by the City Council of the City of Chicago; SECTION 1. The foregoing recitals are hereby incorporated herein and adopted as the findings of the City Council. SECTION 2. The Commissioner of the Department of Transportation (the "Commissioner") or a designee of the Commissioner is each hereby authorized, along with the approval of the City's Corporation Counsel as to form and legality, to execute and deliver the Public Way Easement Agreement between Grantee and the City, in the form attached thereto as Exhibit B and made a part hereof, and such other supporting documents as may be necessary or appropriate to carry out and comply with the provisions of the Public Way Easement Agreement. SECTION 3. The agreement herein provided for is made upon the express condition that within 180 days after the passage of this ordinance, Grantee shall deposit in the City Treasury of the City of Chicago, a sum sufficient to defray the costs of constructing sidewalk and curb at grade, sufficient to accommodate the permitted support for the overpass. SECTION 4. 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 5. The Public Way Easement Agreement herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, Northwestern Memorial Hospital shall file or cause to be filed for recording in the Office of the Recorder of Deeds of Cook County, Illinois a copy of the Public Way Easement Agreement, together with its accompanying Plat of Easement as approved by the Department of Transportation's Superintendent of Maps and Plats; as well as a separately recorded oversized and legible copy of the same Plat of Easement for greater clarity. SECTION 6. This ordinance shall take effect upon its passage and need not be recorded. The Public Way Easement Agreement will take effect upon recording. Commissioner of Transportation Approved as to form and legality: Richard Wendy Deputy Corporation Counsel Honorable Brendan Reilly Alderman 42nd Ward EXHIBIT "A" PLAT OF EASEMENT THAT PART OF EAST ERIE STREET LYING NORTH OF AND ADJOINING LOT 8 IN CIRCUIT COURT PARTITION OF THE OGDEN ESTATES SUBDIVISION OF PARTS OF BLOCKS 20, 31 AND 32 IN KINZIE'S ADDITION TO CHICAGO, IN THE NORTH HALF OF SECTION 10, TOWNSHIP 39 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 13, 1906 AS DOCUMENT 3966633 AND LYING BELOW A HORIZONTAL PLANE HAVING AN ELEVATION OF +55.28 FEET CHICAGO CITY DATUM AND LYING ABOVE A HORIZONTAL PLANE HAVING AN ELEVATION OF +33.68 FEET CHICAGO CITY DATUM AND LYING WITHIN ITS HORIZONTAL BOUNDARY PROJECTED VERTICALLY AND DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF EAST ERIE STREET WITH THE WEST LINE OF NORTH FAIRBANKS COURT, BEING ALSO THE POINT OF INTERSECTION OF THE NORTH LINE OF LOT 7 IN IN CIRCUIT COURT PARTITION OF THE OGDEN ESTATES SUBDIVISION, AFORESAID, WITH THE EAST LINE OF THE WEST 6.00 FEET THEREOF; THENCE ALONG AN ASSUMED BEARING OF SOUTH 89°56'45" WEST ALONG THE SOUTH LINE OF EAST ERIE STREET AFORESAID, BEING ALSO ALONG THE NORTH LINE OF SAID LOTS 7 AND 8, A DISTANCE OF 168.71 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTH LINE OF EAST ERIE STREET, SOUTH 89°56'45" WEST 16.42' FEET; THENCE NORTH 01°47'56" EAST 74.00 FEET TO THE NORTH LINE OF EAST ERIE STREET; THENCE NORTH S^SSVIS" EAST ALONG THE NORTH LINE OF EAST ERIE STREET, 16.42 FEET; THENCE SOUTH 01°47'56" WEST 73.99 FEET, TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. CONTAINING 1,215 SQUARE FEET, MORE OR LESS. □ NORTH LINE OF E. ERIE ST.- ..■ 3u;loikc hatch fence unes 3uil0inc overhead FEINBERG PAVILUON IS STORY BUILDING EMERGENCY ENTRANCE (OPEN ON GROUND LEVEL) ■V, PIN: 17-10-202-100 ZONING CLASSIFICATION: PD 3 .-■//A N89°58'45"E 10.42' ■mi SURVEY NOTES: SURVEY PREPARED FOR: NAV1GANT CONSULTING 30 S WACKER DRIVE SUITE 3100 CHICAGO, IL 60606 PH: 312-583-5700 THE ZONING CLASSIFICATION OF THE PROPERTY SHOWN HEREON IS PO 3 AS DELINEATED ON THE CITY OF CHICAGO, DEPARTMENT OF ZONING WEBSITE . THE SURVEYOR HAS NOT RESEARCHED THE APPLICABLE ZONING, P~ BUILDING CODES. SETBACKS OR SPECIFIC USES ALLOWED WITHIN *— ' THI3 ZONING CLASSIFICATION. CONTACT THE CITY OF CHICAGO. DEPARTMENT OF ZONING, CITY HAUL. 121 NORTH LASALLE STREET, ROOM MS, CHICAGO, ILLINOIS, [312) 744-6317, FAX: (312)-744-<5t2 FOR CERTIFICATION, VERIFICATION AND SPECIFIC MATTERS PERTAINING TO THE ABOVE NOTED ZONING CLASSIFICATION. DISTANCES ARE MEASURED UNLESS NOTED OTHERWISE. R, DENOTES RECORD DISTANCES. DISTANCES ARE MARKED IN FEET AND DECIMAL PARTS THEREOF. COMPARE ALL POINTS BEFORE BUILDING 8Y SAME AND AT ONCE REPORT ANY DIFFERENCES BEFORE DAMAGE IS DONE. FOR EASEMENTS, BUILDING LINES AND OTHER RESTRICTIONS NOT SHOWN ON SURVEY PLAT REFER TO YOUR ABSTRACT. D£ED, CONTRACT, TITLE POLICY AND LOCAL BUILDING UNE REGULATIONS. NO DIMENSIONS SHALL BE ASSUMED BY SCALE MEASUREMENT UPON THIS PLAT. MCNUMENTATION OR WITNESS POINTS WERE NOT SET AT THE CLIENTS REQUEST. UNLESS OTHERWISE NOTED HEREON THE BEARING BASIS,AND COORDINATE DATUM IF USED IS ASSUMED. COPYRIGHT CHICAGO GUARANTEE SURVEY COMPANY 2012 "ALL RIGHTS RESERVED" ELEVATION DATUM IS CHICAGO CITY DATUM. EASEMENT IS FOR PROPOSED SKY BRIDG SEE ADDITIONAL DETAILS ON PAGE 2 CDOT# 10-42-12-3592 CKEGEOn ORA'.Vit REVISED: JANUARY 24, 2013 PER ORDER #2012-17229 [RJT] REVISED: JANUARY 7,2013 PER ORDER #2012-17223 [RJT] REVISED: DECEMBER 6,2012 PER ORDER #2012-17129 [RJT) REVISED: AUGUST 7,2012 PER ORDER #2012-16737 [RJT] REVISED: JUNE 4,2012 PER ORDER #2012-16490 [RJT] CWOtRHO Br: HAVIGA'lT CONSLimG A3DRESS: NORTHWESTERI; HEPICIHE OUTP&TIENT C«E FftVlLLiOK ClllCACiO GUARANTEE SURVEY COMPANY 6«E: AF3L1 6 PLCS. C3HKRATJ0H iich:, :ic ii: J:i:jr 1,*l-.-iV:\',.^ .'4i..-if.";r'5'"J' isC: i.'g*th E'.itcn kWA. C<;c«.\ ;L i*>. iilc! Us-it.1.! Fi,. UV) 9S6-9i:9 Ehi KrZiP.Cl^: [2012-16264-001 )N CRETE CUR- ERIE LU STREET co in o ON o Z PRIMARY BENCHMARK BENCHMARK #4355 ELEVATION =13.697 LOCATION: FAIRBANKS & ERIE MARK CUT ON BOTTOM SET AT EAST SIDE OF ENTRANCE ON NORTH SIDE OF 7 STORY BRICK BUILDING. MARK IS 35.85 WEST OF THE NORTHEAST CORNER OF BUILDING AT SOUTHWEST CORNER OF FAIRBANKS AND ERIE. SECONDARY BENCHMARK BENCHMARK « 4357 ELEVATION = 13.6C5 LOCATION: NORTHWEST CORNER OF ERIE & LAKE SHORE DRIVE MARK CUT NEAR THE SOUTHEAST CORNER OF A STONE LEDGE OH SOUTH SIDE OF A MULTI-STORY BRICK BUILDING. MARK IS 45 FEET WEST OF SOUTHEAST CORNER OF BUILDING ABOUT ON NORTH LINE OF ERIE STREET. \ EXHIBIT "A" PLAT OF EASEMENT ERIE ST. BRIGDE 'TrT1!TT1,TnrTTI' I NEWBERRY ESTATE SUBDIVISION OF BLOCK 43 IN KIMIF.'S APDITICIN TO CHICAGO RECORDED FjEBRUAjRY C, AS DOCUMENT HHU H (0 CO I V ' ' I I ''V-'/a I 1 i ■" .|\V \ ■ . I I - !V. ' \ ll ft»"'fEIN3E3C PAMLUUJ -fi STOftr LUILDirtC r ll, i - f I ' f f'\*m ' I I j (\V. | ■ ■, , !',■".■ ,j ' , [.j,-Euma.ll.Y fNTBA'JCE . V| | 166.74' / iV 417.111 in u«f ior ■ li —., [riCMXE WW ^ E. ERIE ST. it *t\t LM LD1 | £>TO«C o l PENDING 5 FtSFMEin ? r 5 t tttr, w* je » 6 6 *" i |N kihzIe's AD^iribH rocHitAdcTT " ";" ] Recorded jume ii, j tn Asj document ijutt : 2 S CIRCUfT COURT PARTITION of the OGDEN s ESTATE SUBDIVISION OF PARTS OF BLOCKS 20, Jt"i M IN KINZIE'9 ADDITION TO CHICAGO RECORDED DECEMBER 13. 1HI AS OOCUMCHT JHCC13 < LL C W j 10 19 f limit of SECTION 2 OKING WEST - NO SCALE si cs UJ CO EXISTING "SlfEW-XLK EXISTING -KEINPFSG BJILPING k CHICAGO GUARANTEE SURVEY C OMPANV PLCS CoVoaiTir^ .CfWFK?(!jt kk;? i.SOSlla^IhjLSIXA'.LM.iE ClICiSD ILiCoiO 0.-ME AFRil 6 ?Ci? "EK'hcse iili) 9!i-9ii,S Hii (Ji:) OS6-967? Emu ^QSPLCS-Sywt* an 050ERKO 2012-16264-001 EASEMENT IS FOR PROPOSED SKY BRIDGE SEE EASEMENT DETAILS ON PAGE 1 This Instrument Prepared EXHIBIT B By and After Recording Return to: Karen Bielarz Acting Deputy Corporation Counsel City of Chicago Department of Law 121 North LaSalle Street Room 600 Chicago, Illinois 60602 (The Above Space For Recorder's Use Only) Public Way Easement Agreement (Hospital Pedestrian Bridge) This Agreement (the Agreement") is entered into as of this day of 2013, by and between the City of Chicago, an Illinois home rule municipal corporation, by and through its Department of Transportation, (the "City") and Northwestern Memorial Hospital a not-for-profit corporation organized and existing under and by virtue of the statutes of the State of Illinois ("Grantee"). City and Grantee together shall be referred to herein from time to time as the "Parties". Witnesseth: WHEREAS, Grantee is the owner of real property commonly known as 239-259 and 220—258 E. Erie Street, Chicago, Illinois, as legally described on Exhibit A attached hereto and made a part hereof (the "Properties"), upon which respectively sit the existing Galter-Feinberg Hospital Pavilion ("GF Building"), and upon which other property the Grantee is constructing a new Outpatient Care Pavilion ("OCP Building"); WHEREAS, the OCP Building and the GF Building together shall be referred to herein from time to time as the Overpass Buildings ("Overpass Buildings"); and WHEREAS, Grantee has proposed the construction and development of a pedestrian overpass ("Overpass") to connect the OCP Building to the GF Building over and above the grade of the City's public right-of-way ("Street") by approximately one thousand two hundred and fifteen (1215) square feet, more or less ("Easement Area"), as more fully described on the Plat of Easement ("Plat") attached hereto as Exhibit B; and WHEREAS, the Overpass will require the use of the Street, specifically use of certain of the air rights above Fairbanks Court, as more fully depicted on the Plat; and WHEREAS, the Grantee requires the use of the Overpass, which lies above the grade of the Street, and the Easement Area, for safe pedestrian movement within the Overpass Buildings; and WHEREAS, the Overpass will promote public health, safety and welfare by allowing patients and staff to traverse between the OCP Building and the GF Building on the Grantee's campus protected from the weather and vehicular traffic on E. Erie Street; and 1 NOW, THEREFORE, in consideration of the above preambles, the mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Grant of Easement Area. The City hereby grants to Grantee an easement ("Easement") to use and occupy, in accordance with this Agreement, those certain limited air rights in and above the Street in the Easement Area, as identified and legally described on the Plat, for the installation, operation, maintenance, repair and replacement of the Overpass. The Parties hereto may, upon review and approval of the Commissioner ("Commissioner") of the Department of Transportation, or any successor department ("CDOT"), may substitute a revised Easement legal description for the Easement legal description set forth on Exhibit C attached hereto and made a part hereof, subject to review and approval of the City's Corporation Counsel. Terms. The following terms and conditions apply to the Easement: The Easement is an easement appurtenant in favor of Northwestern Memorial Hospital. The Easement is granted for a term of twenty (20) years ("Term") provided that the Grantee maintains its status as a federal tax-exempt charitable organization described in §501 (c)(3) of the Internal Revenue Code. The Easement shall burden the Easement Area as the servient tenement. Grantee warrants to the City that it is the owner ("Owner") of the Property and will be the Owner of the OCP Building and Overpass upon their completion and that the Grantee has sufficient title and fee interest to/in the Property to enter into this Agreement. The public way Easement granted pursuant to this Agreement constitutes a contemporaneous grant of interest in real property and is not executory in nature. Grantee shall not transfer any interest in the Easement without prior written consent by the CDOT Commissioner. Grantee's Obligations. The Grantee, at its own cost and expense, shall design, construct and diligently pursue completion of the OCP Building and Overpass in accordance with the plans ("Plans") contained in Exhibit D, attached hereto and incorporated herein. Prior to the commencement of the construction of the Overpass, the Grantee shall develop and deliver to the Commissioner for his review and approval proposed Plans. The Grantee expressly warrants that the Overpass shall be designed and constructed in compliance with all federal, state and local laws and regulations. The Grantee expressly warrants that the Overpass shall be designed and constructed in 2 compliance with accessibility standards, including, but not limited to: (1) the Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et seq., and the regulations promulgated thereunder; (2) the Illinois Environmental Barriers Act (410 ILCS 25/1 et seq. (1996)); (3) The Illinois Accessibility Code, 71 III. A. Code 400; (4) all local City ordinances, codes, regulations. The Grantee shall be responsible for obtaining approvals of and paying for any and all removals, relocations, alterations, additional maintenance and restorations of or to any utility or public service structures or facilities, or any structures or facilities located in or adjacent to the Easement Area which are owned by the City, including pavements, bridges, poles, and other facilities and utilities, which are or may be necessary or appropriate to facilitate construction of or work related to the Overpass. The Grantee shall be responsible for obtaining the consent of and making suitable arrangements with all entities owning and having an interest in such structures and facilities, including any City department. The Grantee shall secure all necessary permits, including but not limited to, building permits. Uses Within the Easement Areas. The Overpass shall be open for use by the public at such times that the Overpass Buildings are open to the public. The Grantee may not authorize the Overpass for any purpose that will substantially interfere with the use of the Overpass by the public. The Grantee may utilize the Overpass for exhibits, displays and the like that shall not substantially interfere with the public's use described in this Agreement. Grantee may establish reasonable rules and regulations related to the use by the public of the Overpass. Grantee may at its sole discretion control the use of and access to the Buildings through the Overpass. Notwithstanding the foregoing, the City reserves a right to access the Overpass and Easement Area for City business purposes and services available to all similarly situated improvements. Overpass Alterations. Grantee may from time to time replace, remodel or demolish all or any portion of the Overpass so long as the Grantee secures the prior written approval of the Commissioner (or any successor department's Commissioner) and City Council for alterations that may affect the Easement Area or other portions of the public right-of-way before making any alterations to the Overpass that would change the description provided on the Plat. Not For ProfSt. The Grantee covenants that it is a not-for-profit entity. In the event of a change in the Grantee's not-for-profit status, or Grantee's transfer of any interest in the Easement, the Easement will immediately terminate and the new owner of the Property and/or OCP Building must apply for an easement or promptly remove the Overpass at the new owner's sole cost and expense. 3 Removal and Restoration. Grantee shall have the right to terminate this Easement at any time. Upon termination of the Easement granted by this Agreement the Grantee, without cost or expense to the City, shall promptly remove the Overpass, and all other structures and facilities related to the Overpass as may be located in the Easement Area and other affected public way. Grantee shall restore the public way to the extent altered, disturbed, or damaged by the installation, construction, use, operation, inspection, maintenance, repair, replacement or removal of the Overpass, and all work related thereto, to a proper condition under the supervision and to the satisfaction of the Commissioner and in accordance with the Municipal Code of Chicago. Indemnity. Except with respect to the negligent or wrongful intentional acts of City (to the extent the same are the cause of an injury or loss to a third person), Grantee hereby indemnifies and agrees to hold harmless and defend City from and against any and all claims, demands, damages, lawsuits, legal proceedings, losses, liens, liabilities, judgments, orders or decrees, and all reasonable costs and expenses (including, without limitation, reasonable attorneys' fees, court costs, and other reasonable expenses related to litigation), arising from or as a result of the death of, or any accident, injury, loss or damage whatsoever caused to the City, any natural person, or the City's property, including but not limited to the Easement Area and all other impacted City right-of-way, the property of any person, arising out of, or occurring in any manner relating to the Easement Area, or the Overpass. In the event any legal action is taken against City or its agents or any claim is made relating to the Easement Area or the Overpass, the City may elect to tender said defense to Grantee which shall and must defend such action or claim at Grantee's own expense and City shall cooperate with Grantee in the defense thereof. City shall have the right to join Grantee as a party defendant in any such legal action. This indemnity shall not be the exclusive remedy of the City, and City shall maintain whatever other right of indemnity it may have under common law, by statute, or by ordinance. 8. Grantee's Operation. Maintenance and Security of the Easement Area and Overpass during the Term of this Agreement. Grantee shall maintain the Easement Area and Overpass at its sole cost and expense. Grantee shall maintain the Easement Area and Overpass so that the improvement does not unduly interfere with any use of the public way by the City, the public, or any person or entity authorized to use or occupy the public way. Grantee shall conduct regular, documented inspections of the Overpass and the Easement Area and maintain the Overpass and Easement Area in a structurally sound, clean, aesthetically attractive, and usable condition consistent with the public use required by this Agreement. All Overpass and Easement Area maintenance records shall be made available to CDOT upon CDOT's written request for such documentation to Grantee. Grantee shall attach no fixtures, post no verbiage, signage, symbols, art or advertising of any kind on the structure, or on the interior of the structure that may be visible from the exterior, other than the name of Grantee hospital in fixed letters no larger than one sixth of the functional height of the structure as permitted under a compensated Use of the Public Way permit submitted to the Department of Business Affairs & Consumer Protection, or its successor department. The Grantee shall not lease 4 nor enter into any agreement for the Overpass or Easement Area lying over, under, on or in the public way for advertising space purposes, or for any other promotional use(s) for the Grantee or any third parties. Grantee shall cooperate with the City concerning the coordination of uses of the public way, including prompt responses to inquiries, attending meetings and site visits, and providing complete disclosure of information concerning the Easement Area and Overpass. Grantee shall pay for any and all utility expenses incurred with respect to the operation, maintenance, repair, and/or replacement of the Overpass, or any part thereof, within the Easement Area. Grantee shall provide security over the Easement Area and Overpass at its sole cost and expense. 9. City Has No Maintenance and Operational Duties. The Grantee acknowledges that City is not responsible for the operation, maintenance, repair, and/or replacement of or security of the Easement Area and the Overpass, and City has no obligations with respect thereto (other than the provision, through the exercise of the City's right to access the Overpass and Easement Area for City business purposes and services available to all similarly situated improvements). 10. Insurance. The Grantee shall procure and maintain, at all times, or shall cause to be procured and maintained, all of the types and coverages of insurance specified below, with insurance companies authorized to do business in the State of Illinois, covering all operations under this Agreement, whether performed by the Grantee or any of its contractors. The kinds and amounts of insurance required are as follows: (i) Workers' Compensation and Occupational Disease Insurance. Workers' Compensation and Occupational Disease Insurance, in statutory amounts, covering all employees who are to provide Work under this Agreement. Employers' liability coverage with limits of not less than One Million Dollars ($1,000,000) each accident, illness or disease. (ii) Commercial Liability Insurance (Primary and Umbrella). Commercial General Liability Insurance, or equivalent, with limits of not less that Five Million Dollars ($5,000,000) per occurrence for bodily injury, personal injury, and property damage liability. All premises and operations, products/completed operations, independent contractors, explosion, collapse, underground, pollution (if commercially available), separation of insureds, defense and contractual liability coverages are to be included. The City is to be named as an additional insured on a primary non-contributory basis for any liability related directly or indirectly to this Agreement. 5 Contractors performing work for Grantee must maintain limits of not less than $2,000,000 with the same terms herein. (iii) Automobile Liability Insurance. (Primary and Umbrella) When any motor vehicles (owned, non-owned and hired) are used in connection with work to be performed, the Grantee provide or cause to be provided, Automobile Liability Insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury and property damage. The City is to be named as an additional insured on a primary, non-contributory basis. Contractor performing work for Grantee must maintain limits of not less than $1,000,000 with the same terms herein. (c) Additional Requirements The Grantee must provide and cause any of its contractors to provide the City of Chicago, Department of Transportation, 30 North LaSalle Street, Room 500, Chicago, Illinois 60602-2570, original Certificates of Insurance, to be in force on the date of this Agreement, and Renewal Certificates of Insurance, or such similar evidence, if the coverages have an expiration or renewal date occurring during the term of this Agreement. The receipt of any certificate does not constitute agreement by the City that the insurance requirements in the Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all Agreement requirements. The failure of the City to obtain certificates or other insurance evidence from Grantee and contractor is not a waiver by the City of any requirements for the Grantee to obtain and maintain the specified coverages. The Grantee and contractor must advise all insurers of the Agreement provisions regarding insurance. Non-conforming insurance does not relieve Grantee and contractor of the obligation to provide insurance as specified herein. Non-fulfillment of the insurance conditions may constitute a violation of the Agreement, and the City retains the right to stop work until proper evidence of insurance is provided. Grantee agrees to make commercially reasonable efforts to obtain from its insurers, when and if available in the industry, a certificate providing that such coverage shall not be suspended, voided, canceled, non-renewed, or reduced in scope or limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Any deductibles or self-insured retentions on referenced insurance coverages must be borne by Grantee and contractor. The Grantee hereby agrees and will cause its contractors to agree that insurers waive their rights of subrogation against the City of Chicago, its employees, elected officials, agents, or representatives. The coverages and limits furnished by Grantee and contractor in no way limit the Grantee's and contractor's liabilities and responsibilities specified within the Agreement or by law. 6 Any insurance or self-insurance programs maintained by the City of Chicago do not contribute with insurance provided by the Grantee and contractor under the Agreement. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Agreement or any limitation placed on the indemnity in this Agreement given as a matter of law. If Grantee or contractor is a joint venture or limited liability company, the insurance policies must name the joint venture or limited liability company as a named insured. The Grantee must require the contractor to provide the insurance required herein. All contractors are subject to the same insurance requirements of Grantee unless otherwise specified in this Agreement. The City's Risk Management Department maintains the right to modify, delete, alter or change these requirements. Default. The Grantee shall be in default hereunder in the event of a material breach by Grantee of any term or condition of this Agreement including, but not limited to, a representation or warranty, where Grantee has failed to cure such breach within sixty (60) days after written notice of breach is given to Grantee by City setting forth the nature of such breach. Failure of City to give written notice of breach to Grantee shall not be deemed to be a waiver of the City's right to assert such breach at a later time. If the default is not capable of being cured within the sixty (60) day period, then provided Grantee has commenced to cure the default and is diligently proceeding to cure the default within the sixty (60) day period, and thereafter diligently prosecutes such cure through to completion, then the sixty (60) day period shall be extended for the length of time that is reasonably necessary to cure the default. If the default is not cured in the time period provided for herein, the City may institute such proceedings at law or in equity as may be necessary or desirable to cure and remedy the default, including but not limited to, termination of this Agreement and removal of the Overpass at the Grantee's sole expense. Compliance With Law. The Grantee agrees that the Easement Area and Overpass shall be used, and any alterations to the Overpass shall be constructed, installed, used, operated, inspected, maintained, repaired and replaced in complete compliance with all applicable laws, statutes and ordinances. Partial Invalidity. If any clause, sentence or other portion of this Agreement shall become illegal, null or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining portion hereof shall remain in full force and effect. Notices. Any and all notices or other communications required or permitted pursuant hereto shall be in writing and shall be deemed to have been given if and when personally delivered or on the next following business day if transmitted by reputable overnight carrier. Notices shall be addressed to Grantee and City at their respective addresses set forth below, or to such substitute address as Grantee or City may have designated by notice in accordance herewith: 7 If to City: Commissioner of Transportation 30 North LaSalle Street, Room 500 Chicago, Illinois 60602 Attn: Maps and Plats / Vacations With a copy to: Department of Law 121 North LaSalle Street, Room 600 Chicago, Illinois 60602 Attn: Deputy Corporation Counsel Real Estate and Land Use Division If to Grantee: Sarah Burke Northwestern Memorial Hospital 251 E. Huron St, Suite 1750 Chicago, IL 60611 With a copy to: Carol Stubblefield Neal & Leroy, LLC 203 N. LaSalle, Suite 2300 Chicago, Illinois 60601-1243 Illinois Law. This Agreement has been negotiated, executed and delivered at Chicago, Illinois and shall be construed and enforced in accordance with the laws of Illinois, including the law of public trust with respect to the use and occupation of the public way. Execution And Recordation of Agreement. The execution and recordation of this Agreement shall be subject to the finalization of all utility negotiations and further provided that the Grantee supplies the City with sufficient proof of ownership of the Property, and when completed, the Overpass and OCP Building, and any other documents that the City may deem necessary. No Third-Party Beneficiaries. This Agreement shall be binding upon and inure to the benefit solely of Grantee and City and their respective successors, assigns, licensees and legal representatives. This document and the terms hereof are intended solely for the benefit of the parties hereto and their successors, licensee and assigns, as expressly referred to herein. No other person shall have any rights, responsibilities or obligations hereunder nor may such person enforce any of the terms or be entitled to any of the benefits hereof. Authority and Validity. Each party represents and warrants to the other party that (i) this Agreement has been duly authorized, executed and delivered by it and (ii) 8 this Agreement constitutes the legal, valid and binding obligation of it, enforceable against it in accordance with its terms. Miscellaneous. The terms, benefits, and privileges set forth in this Agreement shall be deemed and taken to be covenants running with the Property and shall be binding upon the Grantee, its successors and assigns having any interest in the Property. If any provision of this Agreement, or any paragraph, sentence, clause, phrase, or word or the application thereof is held invalid, illegal, null or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remainder of this Agreement shall be construed as if such invalid part were never included and this Agreement shall be and remain valid and enforceable to the fullest extent permitted by law provided that this Agreement, in its entirety as so reconstituted, does not represent a material change to the rights or obligations of either of the Parties. In the event the time for performance hereunder falls on a Saturday, Sunday, or legal holiday, the actual time for performance shall be the next business day. This Agreement and the accompanying Plat shall be governed by, and construed in accordance with, the internal laws of the State of Illinois. In the event that an adjudication of any kind shall be required in connection with this Agreement, the Parties agree that the venue therefor shall be the state or federal courts located in Cook County, Illinois, whichever may be applicable. This Agreement constitutes the entire contract between the Parties with respect to the subject matter of this Agreement, and may not be modified except by an instrument in writing signed by all the Parties and dated a date subsequent to the date of this Agreement. Each Party agrees that it will execute and deliver such other reasonable documents and take such other reasonable actions as may be reasonably requested by the other party to effectuate the purposes and intention of this Agreement. Business Relationships. The Grantee acknowledges (A) receipt of a copy of Section 2-156-030 (b) of the Municipal Code of Chicago, (B) that it has read such provision and understands that pursuant to such Section 2-156-030 (b) it is illegal for any elected official of the City, or any person acting at the direction of such official, to contact, either orally or in writing, any other City official or employee with respect to any matter involving any person with whom the elected City official or employee has a "Business Relationship" (as defined in Section 2-156-080 of the Municipal Code of Chicago), or to participate in any discussion in any City Council committee hearing or in any City Council meeting or to vote on any matter involving the person with whom an elected official has a Business Relationship, and (c) notwithstanding anything to the contrary contained in this Agreement, that a violation of Section 2-156-030 (b) by an elected official, or any person acting at the direction of such official, with respect to any transaction contemplated by this Agreement shall be grounds for termination of this Agreement and the transactions contemplated hereby. The Grantee hereby represents and warrants that no violation of Section 2-156-030 (b) has occurred with respect to this Agreement or the transactions contemplated hereby. 9 22) Patriot Act Certification. The Grantee represents and warrants that neither the Grantee nor any Affiliate thereof (as defined in the next paragraph) is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the Bureau of Industry and Security of the U.S. Department of Commerce or their successors, or on any other list of persons or entities with which the City may not do business under any applicable law, rule, regulation, order or judgment: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List. As used in the above paragraph, an "Affiliate" shall be deemed to be a person or entity related to the Grantee that, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with Grantee, and a person or entity shall be deemed to be controlled by another person or entity, if controlled in any manner whatsoever that results in control in fact by that other person or entity (or that other person or entity and any persons or entities with whom that other person or entity is acting jointly or in concert), whether directly or indirectly and whether through share ownership, a trust, a contract or otherwise. 23) Prohibition on Certain Contributions Mayoral Executive Order 2011-4. Grantee agrees that Grantee, any person or entity who directly or indirectly has an ownership or beneficial interest in Grantee of more than 7.5 percent ("Owners"), spouses and domestic partners of such Owners, Grantee's contractors (i.e., any person or entity in direct contractual privity with Grantee regarding the subject matter of this Agreement) ("Contractors"), any person or entity who directly or indirectly has an ownership or beneficial interest in any Contractor of more than 7.5 percent ("Sub-owners") and spouses and domestic partners of such Sub-owners (Grantee and all the other preceding classes of persons and entities are together, the "Identified Parties"), shall not make a contribution of any amount to the Mayor of the City of Chicago (the "Mayor") or to his political fundraising committee (i) after execution of this Agreement by Grantee, (ii) while this Agreement or any Other Contract is executory, (iii) during the term of this Agreement or any Other Contract between Grantee and the City, or (iv) during any period while an extension of this Agreement or any Other Contract is being sought or negotiated. Grantee represents and warrants that from the later to occur of (a) May 16, 2011, and (b) the date the City approached the Grantee or the date the Grantee approached the City, as applicable, regarding the formulation of this Agreement, no Identified Parties have made a contribution of any amount to the Mayor or to his political fundraising committee. Grantee agrees that it shall not: (a) coerce, compel or intimidate its employees to make a contribution of any amount to the Mayor or to the Mayor's political fundraising committee; (b) reimburse its employees for a contribution of any amount made to the Mayor or to the Mayor's political fundraising committee; or (c) Bundle or solicit others to bundle contributions to the Mayor or to his political fundraising committee. Grantee agrees that the Identified Parties must not engage in any conduct whatsoever designed to intentionally violate this provision or Mayoral Executive Order No. 2011-4 or to entice, direct or solicit others to intentionally violate this provision or Mayoral Executive Order No. 2011-4. 10 Grantee agrees that a violation of, non-compliance with, misrepresentation with respect to, or breach of any covenant or warranty under this provision or violation of Mayoral Executive Order No. 2011-4 constitutes a breach and default under this Agreement, and under any Other Contract for which no opportunity to cure will be granted, unless the City, in its sole discretion, elects to grant such an opportunity to cure. Such breach and default entitles the City to all remedies (including without limitation termination for default) under this Agreement, under any Other Contract, at law and in equity. This provision amends any Other Contract and supersedes any inconsistent provision contained therein. If Grantee intentionally violates this provision or Mayoral Executive Order No. 2011-4 prior to the closing of this Agreement, the City may elect to decline to close the transaction contemplated by this Agreement. For purposes of this provision: "Bundle" means to collect contributions from more than one source, which is then delivered by one person to the Mayor or to his political fundraising committee. "Other Contract" means any other agreement with the City of Chicago to which Grantee is a party that is (i) formed under the authority of chapter 2-92 of the Municipal Code of Chicago; (ii) entered into for the purchase or lease of real or personal property; or (iii) for materials, supplies, equipment or services which are approved or authorized by the City Council of the City of Chicago. "Contribution" means a "political contribution" as defined in Chapter 2-156 of the Municipal Code of Chicago, as amended. Individuals are "Domestic Partners" if they satisfy the following criteria: they are each other's sole domestic partner, responsible for each other's common welfare; and neither party is married; and the partners are not related by blood closer than would bar marriage in the State of Illinois; and each partner is at least 18 years of age, and the partners are the same sex, and the partners reside at the same residence; and two of the following four conditions exist for the partners: The partners have been residing together for at least 12 months. The partners have common or joint ownership of a residence. The partners have at least two of the following arrangements: joint ownership of a motor vehicle; a joint credit account; a joint checking account; a lease for a residence identifying both domestic partners as tenants. Each partner identifies the other partner as a primary beneficiary in a will. "Political fundraising committee" means a "political fundraising committee" as defined in Chapter 2-156 of the Municipal Code ofChicago, as amended. 24) Failure To Maintain Eligibility To Do Business With The City. 11 Failure by Grantee or any controlling person (as defined in Section 1-23-010 of the Municipal Code of Chicago) thereof to maintain eligibility to do business with the City of Chicago as required by Section 1-23-030 of the Municipal Code of Chicago shall be grounds for termination of the Agreement and the transactions contemplated thereby. Grantee shall at all times comply with Section 2-154-020 of the Municipal Code of Chicago. Inspector General and Legislative Inspector General. It is the duty of every officer, employee, department, agency, contractor, subcontractor, Grantee and licensee of the City, and every applicant for certification of eligibility for a City contract or program, to cooperate with the City's Legislative Inspector General and with the City's Inspector General in any investigation or hearing undertaken pursuant to Chapters 2-55 and 2-56, respectively, of the Municipal Code of Chicago. The Grantee understands and will abide by all provisions of Chapters 2-55 and 2-56 of the Municipal Code of Chicago. Waste Ordinance Provisions. In accordance with Section 11-4-1600(e) of the Municipal Code of Chicago, Grantee warrants and represents that it, and to the best of its knowledge, its contractors and subcontractors, have not violated and are not in violation of any provisions of Section 7-28 or Section 11-4 of the Municipal Code (the "Waste Sections"). During the period while this Amendment is executory, Grantees, any general contractors or any subcontractors violation of the Waste Sections, whether or not relating to the performance of this Agreement, constitutes a breach of and an event of default under this Agreement, for which the opportunity to cure, if curable, will be granted only at the sole designation of the Chief Procurement Officer. Such breach and default entitles the City to all remedies under the Amendment, at law or in equity. This section does not limit Grantee's, general contractor's and its subcontractor's duty to comply with all applicable federal, state, county and municipal laws, statutes, ordinances and executive orders, in effect now or later, and whether or not they appear in this Amendment. Non­compliance with these terms and conditions may be used by the City as grounds for the termination of this Amendment, and may further affect Grantee's eligibility for future contract awards. Shakman Accord. (a) The City is subject to the May 31, 2007 Order entitled "Agreed Settlement Order and Accord" (the "Shakman Accord") and the August 16, 2007 "City of Chicago Hiring Plan" (the "City Hiring Plan") entered in Shakman v. Democratic Organization of Cook County, Case No 69 C 2145 (United States District Court for the Northern District of Illinois). Among other things, the Shakman Accord and the City Hiring Plan prohibit the City from hiring persons as governmental employees in non-exempt positions on the basis of political reasons or factors. (b) Grantee is aware that City policy prohibits City employees from directing any individual to apply for a position with Grantee, either as an employee or as a subcontractor, and from directing Grantee to hire an individual as an employee or as a subcontractor. Accordingly, Grantee must follow its own hiring and contracting procedures, without being influenced by City employees. Any and all personnel provided by Grantee under this Agreement are employees or subcontractors of Grantee, not employees of the City of Chicago. This Agreement is not intended to and does not constitute, create, give rise to, or otherwise recognize an employer-employee relationship of any kind between the City and any personnel provided by Grantee. 12 Grantee will not condition, base, or knowingly prejudice or affect any term or aspect to the employment of any personnel provided under this Agreement, or offer employment to any individual to provide services under this Agreement, based upon or because of any political reason or factor, including, without limitation, any individual's political affiliation, membership in a political organization or party, political support or activity, political financial contributions, promises of such political support, activity or financial contributions, or such individual's political sponsorship or recommendation. For purposes of this Agreement, a political organization or party is an identifiable group or entity that has as its primary purpose the support of or opposition to candidates for elected public office. Individual political activities are the activities of individual persons in support of or in opposition to political organizations or parties or candidates for elected public office. In the event of any communication to Grantee by a City employee or City official in violation of Section 27 (ii) above, or advocating a violation of Section 27 (ii) above, Grantee will, as soon as is reasonably practicable, report such communication to the Hiring Oversight Section of the City's Office of the Inspector General ("IGO Hiring Oversight"), and also to the head of the relevant City Department utilizing services provided under this Agreement. Grantee will also cooperate with any inquiries by IGO Hiring Oversight or the Shakman Monitor's Office related to the contract. THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK 13 IN WITNESS WHEREOF, Grantee and City have caused this Agreement to be executed by their duly authorized officers, as of the day and year first written above. NORTHWESTERN MEMORIAL HOSPITAL, an Illinois not-for-profit corporation By:_ Name: Title: CITY OF CHICAGO, a municipal corporation, by and through its Department of Transportation By: Name: Gabe Klein Title: Commissioner Approved As To Form And Legality (excluding the Legal Descriptions): CITY OF CHICAGO Department of Law By: Name: Richard Wendy Title: Deputy Corporation Counsel 14 EXHIBIT A LEGAL DESCRIPTION OF ADJACENT NMH PROPERTIES NEW OUTPATIENT CARE PAVILION: THE WEST 6 FEET OF LOT 7 AND ALL OF LOT 8 IN CIRCUIT COURT PARTITION OF THE OGDEN ESTATES SUBDIVISION OF PARTS OF BLOCKS 20, 31 AND 32 IN KINZIE'S ADDITION TO CHICAGO, IN THE NORTH HALF OF SECTION 1 0 , TOWNSHIP 39 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. ALSO LOT 9 AND THE WEST 6 FEET OF LOT 10, IN THE CIRCUIT COURT PARTITION OF OGDEN ESTATE SUBDIVISION OF PART OF BLOCKS 20, 31 AND 32, IN KINZIE'S ADDITION TO CHICAGO, IN THE NORTH HALF OF SECTION 10, TOWNSHIP 39 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. AREA OF PROPERTY 46,094 SQ. FT. OR 1.06 ACRES AREA OF PROPERTY 46,094 SQ. FT. OR 1.06 ACRES Commonly known as: 640 - 648 North Fairbanks Court, Chicago Illinois Property Index No.: 17-10-203-020-0000 EXISTING GALTER-FEINBERG PAVILION: LOTS 9 TO 24 INCLUSIVE IN NEWBERRY ESTATE SUBDIVISION OF BLOCK 43 IN KINZIE'S ADDITION TO CHICAGO IN SECTION 10, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Commonly known as: 220-250 E. Erie, Chicago Illinois Property Index No.: 17-10-202-100-0000 15 EXHIBIT B PLAT OF EASEMENT (Attached) 16 EXHIBIT PLAT OF EASEMENT THAT PART OF EAST ERIE STREET LYING NORTH OF AND ADJOINING LOT 8 IN CIRCUIT COURT PARTITION OF THE OGDEN ESTATES SUBDIVISION OF PARTS OF BLOCKS 20, 31 AND 32 IN KINZIE'S ADDITION TO CHICAGO, IN THE NORTH HALF OF SECTION 10, TOWNSHIP 39 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 13, 1906 AS DOCUMENT 3966633 AND LYING BELOW A HORIZONTAL PLANE HAVING AN ELEVATION OF +55.28 FEET CHICAGO CITY DATUM AND LYING ABOVE A HORIZONTAL PLANE HAVING AN ELEVATION OF +33.68 FEET CHICAGO CITY DATUM AND LYING WITHIN ITS HORIZONTAL BOUNDARY PROJECTED VERTICALLY AND DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF EAST ERIE STREET WITH THE WEST LINE OF NORTH FAIRBANKS COURT, BEING ALSO THE POINT OF INTERSECTION OF THE NORTH LINE OF LOT 7 IN IN CIRCUIT COURT PARTITION OF THE OGDEN ESTATES SUBDIVISION, AFORESAID, WITH THE EAST LINE OF THE WEST 6.00 FEET THEREOF; THENCE ALONG AN ASSUMED BEARING OF SOUTH 89°56'45" WEST ALONG THE SOUTH LINE OF EAST ERIE STREET AFORESAID, BEING ALSO ALONG THE NORTH LINE OF SAID LOTS 7 AND 8, A DISTANCE OF 168.71 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTH LINE OF EAST ERIE STREET, SOUTH 89°56'45" WEST 16.42' FEET; THENCE NORTH 01°47'56" EAST 74.00 FEET TO THE NORTH LINE OF EAST ERIE STREET; THENCE NORTH 89'58'45" EAST ALONG THE NORTH LINE OF EAST ERIE STREET, 16.42 FEET; THENCE SOUTH 01°47'56" WEST 73.99 FEET, TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. CONTAINING 1,215 SQUARE FEET, MORE OR LESS. □ NORTH J . - . J 3U1LC SURVEY NOTES: SURVEY PREPARED FOR: NAVtGANT CONSULTING 30 S WACKER DRIVE SUITE 3100 CHICAGO, IL 60606 PH: 312-583-5700 THE 20WING CLASSIFICATION OF THE PROPERTY SHOWN HEREON IS PO 3 AS DELINEATED ON THE CfTY OF CHICAGO, DEPARTMENT OF ZONING WEBSITE. THE SURVEYOR HAS NOT RESEARCHED THE APPLICABLE ZONING, P F R IF BUILDING CODES, SETBACKS OR SPECIFIC USES ALLOWED WITHIN * THIS 20NING CLASSIFICATION CONTACT THE CITY OF CHICAGO DEPARTMENT OF ZONING, CITY HALL, 121 NORTH LASALLE STREET, ROOM H5, CHICAGO, ILLINOIS, (312) 744-H17. FAX: (312)-744-6S4I FOR CERTIFICATION. VERIFICATION AND SPECIFIC MATTERS PERTAINING TO THE ABOVE NOTED ZONING CLASSIFICATION. DISTANCES ARE MEASURED UNLESS NOTED OTHERWISE. R. DENOTES RECORD DISTANCES. DISTANCES ARE MARKED IN FEET AND DECIMAL PARTS THEREOF. COMPARE ALL POINTS BEFORE BUILDING BY SAME AND AT ONCE REPORT ANY DIFFERENCES BEFORE DAMAGE IS DONE. FOR EASEMENTS, BUILDING LINES AND OTHER RESTRICTIONS NOT SHOWN ON SURVEY PLAT REFER TO YOUR ABSTRACT, DEED. CONTRACT. TITLE POLICY AND LOCAL BUILDING LINE REGULATIONS. NO DIMENSIONS SHALL BE ASSUMED BY SCALE MEASUREMENT UPON THIS PLAT. MONUMENTATION OR WITNESS POINTS WERE NOT SET AT THE CUENTS REQUEST. UNLESS OTHERWISE NOTED HEREON THE BEARING BASIS.AND COORDINATE DATUM IF USED IS ASSUMED. ELEVATION DATUM IS CHICAGO CITY DATUM SOUTH LINE COPYRIGHT CHICAGO GUARANTEE SURVEY COMPANY 2012 "ALL RIGHTS RESERVED" EASEMENT IS FOR PROPOSED SKY BRIDi SEE ADDITIONAL DETAILS ON PAGE 2 CDOT# 10-42-12-3592 REVISED: JANUARY 24, 2013 PER ORDER #2012-17229 [RJT] REVISED. JANUARY 7.2013 PER ORDER #2012-17229 [RJT] REVISED: DECEMBER 6,2012 PER ORDER #2012-17229 [RJT] REVISED: AUGUST 7,2012 PER ORDER #2012-16737 [RJT| REVISED- JUNE 4,2012 PER ORDER #2012-16490 [RJT] FENCE LIMES SUILDINC OVERHEAD PRIMARY BENCHMARK BENCHMARK #4355 ELEVATION =13 697 LOCATION: FAIRBANKS & ERIE CflDESED SY HAViGA'li CONSLUI't CHICAGO GUARANTEE SURVEY COMPANY MARK CUT ON BOTTOM SET AT EAST SIDE OF ENTRANCE ON NORTH SIDE OF 7 STORY BRICK BUILDING MARK IS 35 65 WEST OF THE NORTHEAST CORNER OF BUILDING AT SOUTHWEST CORNER OF FAIRBANKS AND ERIE AD0RFS5 NDRTI'.Vi'ESTESi. MEDICINE OUTPATIENT CAff PAtflLUOh j PLCS. CoaPOSATioii isS; NJCTK tLSTW AvTMJE. C« CA40 -L fcOSl-l F*i 9E5-fi79 Eual I'.'FC^LCS-S.WEr csn SECONDARY BENCHMARK BENCHMARK #4357 ELEVATION = 13 GG5 CM: AFRIL 6 ;Ci2 SCiii MDeRl.0 2012-16264-001 LOCATION NORTHWEST CORNER OF ERIE & LAKE SHORE DRIVE OF 2 MARK CUT NEAR THE SOUTHEAST CORNER OF A STONE LEDGE ON SOUTH SIDE OF A MULTI-STORY BRICK BU1LOHIG MARK IS 45 FEET WEST OF SOUTHEAST CORNER OF BUILDING ABOUT ON NORTH LINE OF ERIE STREET R&F FEINLiERG PAVILLION 16 STORY BUILDING EMERGENCY ENTRANCE (OPEN ON GROUND LEVEL) PIN: 17-10-202-100 ZONING CLASSIFICATION. PD.3 J°58'45"E A LK POINT OF BEGINNING EASEMENT PARCEL 1 UND:IR CONSTRUCTION ON THE DATE OF THIS SURVEY NO BUILDINGS PIN 17-10-203-020 ZONING CLASSIFICATION n0 .3 STATE OF ILLINOIS) COUNTY OF COOK)SS SURVEYED THE ABOVE DESCRIBE^RO&FTy AND JHAT IS A CORRECT REPRESENTATION^ SAJlfSUTWEY Cj~ ' OF 62* FAHRENHEIT WE, CHICAGO GUARANTEE SURVEY^^MF^V^HEREBV.CERTlVrT^IA^TyE HA^fel LATHEwtjCSM DR£.fl ^ ^ TO A "rEMP^RATI^E FIELD MEASUREMENTS COMPLE* Q7pr0F£S'SI0NAL\ ^ V' r bu«'rilii.hii^nd : z. V J \ XT D$?XK "STATE OS /. * PROFESSIONAL ILLINOIS LAND SURVI MY LICENSE EXPIRES NOVEMBER 30, 201 THIS PROFESSIONAL SERVICE CONFORMS^TyE CUrtl STANDARDS FOR A BOUNDARY SURVEY "' .",v ' L EXHIBIT'0 PLAT OF EASEMENT ERIE ST. BRIGDE GRAPHIC SCALE IENTS j.35 I." I", If NEWBERRY ESTATE SUpDIVlSlpN OF BLOCK 41 IN KlftflF.'S ADDITION TO QHICAOp RECORDED FjEBRU^RY C, 1MI AS DOCUMENT ! i I? I? 1 i l l 1 A's'yA V I I -I^V Y'\ I I " t V- V -\/ ' I I I FcisQLSt; PAWIUC* '8 CTCfi/tWLOI.NC | I I .1 L h., i. ,i-i^-fc-.i. „i. M7ttt?zmtfi\.»i .,/fl?ai-u^.i.^-:i vwiTfofl. „ tfLULOI'JC HATCH |. . . .| GitANltl 0 EL +r.S ?H ecu' EL C 0 P LEVEL J)i EL -CSrK LISTING SI0E-.VA._K /—DIRT I. -UPPER LIMIT OF RRirjOE I. >J FEINFJERG -BRIDGE1.: EASEMENT -HEREBY-; -LOvVER LIMIT OF EXISTING -FEIN ..ERG 8JILRIN". c \C'j\:o ::\z;i<- ORDERED 3r NAVIGAMT COJ.'SULTIHG CHECKED [ ORA'.VN 1 3JT ADDRESS NORTHWESTERN MEjICI.'JE OUTPATlEHT CASE FAViLLiCN ^ CHICAGO GUARANTEE SURVEY C OMPANY Name of contact person: philiP Mitchell Federal Employer Identification No. (if you have one): Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this EDS pertains. (Include project number and location of property, if applicable): Easement for pedestrian bridge across E. Erie Street between N. Fairbanks Court and N. St. Clair St. G. Which City agency or department is requesting this EDS? Department of Transportation If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following: Specification # ^ and Contract # ^ Page 1 of 13 SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS A. NATURE OF THE DISCLOSING PARTY 1. Indicate the nature of the Disclosing Party: Person [ ] Publicly registered business corporation [ ] Privately held business corporation [ ] Sole proprietorship [xj General partnership (Is Limited partnership Trust [ ] Limited liability company Limited liability partnership Joint venture Not-for-profit corporation the not-for-profit corporation also a 501(c)(3))? [ ] Yes [ ] No Other (please specify) 2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable: Illinois 3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity? [ ] Yes [ ] No [x] N/A B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY: ]. List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. If there are no such members, write "no members." For trusts, estates or other similar entities, list below the legal titleholder(s). If the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management of the Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on its own behalf. Name Title List of executive officers and directors is attached as Schedule I 2. Please provide the following information concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture, Page 2 of 13 interest of a member or manager in a limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, state "None." NOTE: Pursuant to Section 2-154-030 of the Municipal Code ofChicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure. Name Business Address Percentage Interest in the Disclosing Party N/A SECTION III - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 of the Municipal Code, with any City elected official in the 12 months before the date this EDS is signed? []Yes WNo If yes, please identify below the name(s) of such City elected official(s) and describe such relationship(s): SECTION IV -- DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll. "Lobbyist" means any person or entity who undertakes to influence any legislative or administrative action on behalf of any person or entity other than: (1) a not-for-profit entity, on an unpaid basis, or (2) himself. "Lobbyist" also means any person or entity any part of whose duties as an employee of another includes undertaking to influence any legislative or administrative action. If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must either ask the City whether disclosure is required or make the disclosure. Page 3 of 13 Name (indicate whether Business Relationship to Disclosing Party Fees (indicate whether retained or anticipated Address (subcontractor, attorney, paid or estimated.) NOTE: to be retained) lobbyist, etc.) "hourly rate" or "t.b.d." is not an acceptable response. Neal & Leroy, LLC 203 N. LaSalle St., Suite 2300 Attorney $10,000 (est.) Chicago, Illinois 60601 (Add sheets if necessary) [ ] Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities. SECTION V -- CERTIFICATIONS COURT-ORDERED CHILD SUPPORT COMPLIANCE Under Municipal Code Section 2-92-415, substantial owners of business entities that contract with the City must remain in compliance with their child support obligations throughout the contract's term. Has any person who directly or indirectly owns 10% or more of the Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction? [ ] Yes [ ] No [x] No person directly or indirectly owns 10% or more of the Disclosing Party. If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement? [ ] Yes [ ] No FURTHER CERTIFICATIONS 1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article I")(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), if the Disclosing Party submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article 1 is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below. Page 4 of 13 The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section II.B.l. of this EDS: are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government; have not, within a five-year period preceding the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property; are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in clause B.2.b. of this Section V; have not, within a five-year period preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government. The certifications in subparts 3, 4 and 5 concern: the Disclosing Party; any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties"); any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity; any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents"). Page 5 of 13 Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter: bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity; agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or made an admission of such conduct described in a. or b. above that is a matter of record, but have not been prosecuted for such conduct; or violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance). Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating. Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List. The Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of the Municipal Code. If the Disclosing Party is unable to certify to any of the above statements in this Part B (Further Certifications), the Disclosing Party must explain below: Page 6 of 13 If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements. 8. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none"). 9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient. C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION The Disclosing Party certifies that the Disclosing Party (check one) [ ] is is not a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code. If the Disclosing Party IS a financial institution, then the Disclosing Party pledges: "We are not and will not become a predatory lender as defined in Chapter 2-32 of the Municipal Code. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 of the Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City." If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in Section 2-32-455(b) of the Municipal Code) is a predatory lender within the meaning of Chapter 2-32 of the Municipal Code, explain here (attach additional pages if necessary): Page 7 of 13 If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements. D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS Any words or terms that are defined in Chapter 2-156 of the Municipal Code have the same meanings when used in this Part D. In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter? [ ] Yes [x| No NOTE: If you checked "Yes" to Item D.L, proceed to Items D.2. and D.3. If you checked "No" to Item D.l., proceed to Part E. Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D. Does the Matter involve a City Property Sale? [ ] Yes [x] No If you checked "Yes" to Item D.L, provide the names and business addresses of the City officials or employees having such interest and identify the nature of such interest: Name Business Address Nature of Interest 4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee. E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS Please check either 1. or 2. below. If the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment to this EDS all information required by paragraph 2. Failure to Page 8 of 13 comply with these disclosure requirements may make any contract entered into with the City in connection with the Matter voidable by the City. x 1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records. 2. The Disclosing Party verifies that, as a result of conducting the search in step 1 above, the Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records: SECTION VI CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding. A. CERTIFICATION REGARDING LOBBYING 1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995 who have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter: (Add sheets if necessary): (If no explanation appears or begins on the lines above, or if the letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.) 2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A.l. above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement. Page 9 of 13 The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A.l. and A.l. above. The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities". If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request. B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations. Is the Disclosing Party the Applicant? []Yes []No If "Yes," answer the three questions below: Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.) []Yes []No Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements? [ ] Yes [ ] No Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause? []Yes []No If you checked "No" to question 1. or 2. above, please provide an explanation: Page 10 of 13 SECTION VII - ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE The Disclosing Party understands and agrees that: The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based. The City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of these ordinances and a training program is available on line at www,cityofchicago.org/Ethics , and may also be obtained from the City's Board of Ethics, 740 N. Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with the applicable ordinances. If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages. It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS. E. The information provided in this EDS must be kept current. In the event of changes, the Disclosing Party must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a contract being handled by the City's Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to Article I of Chapter 1-23 of the Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility must be kept current for a longer period, as required by Chapter 1-23 and Section 2-154-020 of the Municipal Code. The Disclosing Party represents and warrants that: Page 11 of 13 F. 1. The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated Entities delinquent in paying any fine, fee, tax or other charge owed to the City. This includes, but is not limited to, all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes. F.2 If the Disclosing Party is the Applicant, the Disclosing Party and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administration. F.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F.l. and F.2. above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications. NOTE: If the Disclosing Party cannot certify as to any of the items in F.l., F.2. or F.3. above, an explanatory statement must be attached to this EDS. CERTIFICATION Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are true, accurate and complete as of the date furnished to the City. (Sign here) Northwestern Memorial Hospital (Print or type name of Disclosing Party) • Dean M. Harrison (Print or type name of person signing) President and CEO (Print or type title of person signing) Notary Public. Page 12 of 13 CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT APPENDIX A FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5 percent. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant. Under Municipal Code Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister. "Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section II.B.l.a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority. Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head? [ ] Yes [ x] No If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship. Page 13 of 13 (DO NOT SUBMIT THIS PAGE WITH YOUR EDS. The purpose of this page is for you to recertify your EDS prior to submission to City Council or on the date of closing. If unable to recertify truthfully, the Disclosing Party must complete a new EDS with correct or corrected information) RECERTIFICATION Generally, for use with City Council matters. Not for City procurements unless requested. Easement for pedestrian bridge across N. Faribanks This recertification is being submitted in connection with Court between E. Erie St. and E. Ontario St. [identify the Matter]. Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS recertification on behalf of the Disclosing Party, (2) warrants that all certifications and statements contained in the Disclosing Party's original EDS are true, accurate and complete as of the date furnished to the City and continue to be true, accurate and complete as of the date of this recertification, and (3) reaffirms its acknowledgments. Northwestern Memorial Hospital j JJl^ (Print or type legal name of Disclosing Party) (sign here) Print or type name of signatory: Dean M. Harrison Title of signatory: President and CEO Signed and sworn to before me on [date] AAd/'cK '2^Z*t^l^ by [)/ ft.r\ AA VWvj SPflat CjTyA _ County, \\\\r^)\^> [state]. OFFtCWLSEAL MEGAN SCANLON NOTARY PU8UC • STATE OF LUNOtS mfiommmwmiowm NORTHWESTERN MEMORIAL HOSPITAL Board of Directors 2012 William J. Brodsky Gregory Q. Brown John A. Canning, Jr. Joseph F. Damico, Jr. John A. Edwardson Sharon Gist Gilliam Ilene S. Gordon Dean M. Harrison Eric G. Neilson, MD Gary A. Noskin, MD William D. Perez Anne Pramaggorie Timothy P. Sullivan Donald L. Thompson Frederick H. Waddell Miles D. White Abra Prentice Wilkin EXHIBIT IV NORTHWESTERN MEMORIAL HOSPITAL Corporate Officers 2012 William J. Brodsky, Chair John A. Canning, Jr., Vice Chair Dean M. Harrison, President and Chief Executive Officer Peter J. McCanna, Executive Vice President, Administration, Chief Financial Officer and Treasurer Dennis M. Murphy, Executive Vice President and Chief Operating Officer Michelle A. Janney, Senior Vice President and Chief Nurse Executive Carol M. Lind, Senior Vice President, Senior Counsel and Secretary Douglas M. Young, Assistant Treasurer Jennifer S. Wooten, Assistant Secretary