rt. ADDENDUM 5 This Intergovernmental Agreement (this "Agreement"} is entered into this [4.1 day of Mouth 1594, by and among the City of Chicago, a municipal coryoration (the "City? acting through its Police Department (the the State of Illinois (the "stata") acting through its Department or state Police (the "state Solice"), and the Illinois Cagital Development Board, a State executive agency the Illinois hedical Center Commission, a body politic and corporate created under the Medical Center District Act, 70 IZCS 915/1 g1; snag? (the "Comission") and the Board of Trustees of the University of Illinois (hereinafter referred to as the and pertains to the identification and acquisition of a suitable site within the City for a police crime laboratory to be constructed by the State Police and the State Police?s assumption of certain services and functions relating to the police crime laboratory which are currently being perfumed by the PD. WITHESSETE: means, the State Police operates forensic science laboratories at various locations within the State: and means, the PD ouerates a police crime laboratory in the City in order to assist in criminal investigations; and means, the one is the State agency responsible for the glanning, coordination, and supervision or State building programs and. by State requirement is hereby involved in the supervision of the construction of the new laboratory described herein,- and means, the Commission is responsible for land use and redevelopment in the Radical Center District through acquisition, by voluntary conveyance or eminent domain, of real estate not presently used for confoming medical and research purgoses and through conveyance of. such real estate to conforming users.? and names, the UIC is creating an International Criminal Justice Erogran and such Erogram W111 greatly benefit from the location at a new State Police forensic science laboratory: and WHEREAS, the ?avor of the City and the Governor of the State executed a Kenorandun of Understanding, dated June 1593 ("Memorandum") in which they agreed that the PD and the State 93/11! 1 331.130 ?36223., 55.: BB 331 . . ?olice would enter into an intergovernmental agreement providing, inter' alia, that the City' would. assist the State Police in identifying a suitable site within the city for a new forensic crime laboratory ("New laboratory"), and would acquire a site acceptable to the State and at no cost to the State and would transfer it to the State for the New laboratory: and that, in consideration for the foregoing, the state Police would pay to the PD certain amounts to be applied to the cost of operating and maintaining the crime laboratory, would construct a ?Nec Laboratory at the site identified.by the'parties, and'would perform runctions and services for the PD at no cost to the PD: and WHEREAS, the parties have identified Block 200 of the City as a site suitable for the New laboratory ("New Laboratory Site") which is located in the Medical Center District under the responsibility of the Conquission: and WHEREAS, the New Laboratory Site, bounded by Roosevelt Road on the north, welcott street on the east, Washburne Street on the South, and Damen Avenue on the west, is located in that portion of the Medical Center District south of Roosevelt Road. designated as the District Development Area, an area which is characterized by blighted conditions and serious- crime problems, and which is required for redevelopment by conforming users; and 178212233, because of its location in the Medical Center District and its proximity to research personnel and facilities 'particalarly the proposed UIC International Justice Prograo and .he Cook. County Institute for forensic Hedicine) all parties agree hat the New Laboratory Site is a suitable location for the New baboratory and said facility will, in turn, provide a police presence in an effort to alleviate crime problems in the Medical Center District; and rename, most of the north half of the New Laboratory Site is owned by UIC and is improved with a surface parking facility. The south half of the New Laboratory site contains twenty?two (22) parcels, of which tee (2) are vacant parcels owned by the City, seven are vacant parcels owned by the Coninission, and fourteen (14) are privately owned parcels which are improved with two (2) and three flat buildings. many of which are substandard and characterized by serious building violations,- and WHEREAS, the City is authorized to enter into this Agreement by an ordinance passed by the City Council of the City on December 15, 1.993;. and - HEEREAS, the City and the - State are entering into this Agreement to satisfy the conditions of the Memorandum: NOW THEREFORE, in consideration of the coVenants and agreements contained herein, the parties agree as follows: 2 3313.30 "183st {Jo-?233 55: EB 93 a .r-t l. The above recitals are expressly noorporated in and made a part of this Agreement as if fully set orth herein. - 2. OF THE NEW 2.01 REPRESENIATIONS AND OF THE CITY. A. Subject to the terms and conditions of this Agreement, the City agrees to pay for the Cost oi the Acquisition Project (as that term is defined in Section 2.02] up to an amount not to exceed $1,700,000 {the "city Funds"). 3. $1,550,000 of the city Sunds will be deposited in a 'segregated interest bearing account (the "Acquisition Account") to be established. by the Commission.'upon the' execution of this Agreement. If the Cost of the ,Acquisition Project exceeds $1,530,000 the city will pay for up to an additional $150,000 for the Cost of the Acquisition Srojeot: provided however that the Commission can demonstrate that the additional 5150:000 together with any other funds it has available to pay for the Cost of the Acquisition Project will be sufficient to complete the Acquisition Project and provided that the State is in compliance.with the terms of this Agreement. c. Subject to the terms and conditions of this Agreement, ?he City agrees to convey to the Commission the two vacant parcels aich it owns in the Now Laboratory Site. The two parcels are amnonly known as 1954 W. Washburne Avenue and 1938 w. washburne svenues such.oonveyance shall be for a nominal consideration. The parcels will be conveyed in an "as is" condition by a recordable quitCIain deed free and clear of any liens and encumbrances which would make the parcels unsuitable for the purpose intended under this Agreement. D. The city will vacate the existing public alley located within the New Laboratory site at no compensation pursuant to an application filed by the Commission on behalf of the State Police for the purpose of assembling the New Laboratory Site. Such vacation shall be by a separate'vacation ordinance.which is subject to customary review and approval of the appropriate governmental agencies and private utilities. 2.!32 AND OBLIGATIONS OF T?ojj COMMISSION. A. The Commission hereby represents and warrants to the City and the State that it has authority under the laws of the State of Illinois to enter into, execute and perform all of the duties and obligations contained herein, including the authority to exercise "quick-take" eminent domain procedures pursuant to Article VII of the Code of civil Procedure of the State of Illinois. The 3 bZ/E'd BBL-HO WPEQB 95. HE 336..-- . . I Comhission hereby further represents that it shall .undertake its duties and obligation contained herein 1with due diligence. B. The Commission hereby agrees and represents to the City ad the State that it will complete the Acquisition Project (hereinafter defined in this Section 2.02) and that upon the completion of the Acquisition Project the laboratory Site will be suitable and available for the construction of the New Laboratory and that the commission will complete the Acquisition Project by July 1, 1994 or seven months from the date of execution of this Agreement, whichever is later. C. The Commission shall do the following: 1. acquire all parcels in the New Laboratory site which it does not own, including -the fourteen (14) privately owned parcels, either through voluntary conveyance or eminent domain, utilizing statutory "quick-take" eminent domain procedures: 2. provide services for the relocation of residents and relocation assistance in substantial conformance with the benefit levels established in the Uniform Real Property Acquisition and Relocation Policies Act of 1970, provided that this provision does not create a private right for the designated class of persons protected for purposes of civil litigation, including but not limited to eminent domain proceedings; 3.. demolish and/or remove the existing structures: 4. correct. any title defects or other matters affecting itle to the New Laboratory Site: 5. remediate any hazardous or environmental defects and perform other corrective action necessary to melee the New Laboratory site suitable for construction: a. provide, or cause to be provided, the legal, appraisal, title and other support services necessary to accomplish the foregoing: and 7. perform all actions necessary for the State Police?s acceptance of conveyance as expressly set forth in this Agreement. The performance of all activities and functions in this Section 2.02 are the "Acquisition Project." The Commission acknowledges that it has provided the parties with a budget listing and itemizing the estimated and agreed costs of performing the Acquisition Project. (the "Cost of the Acquisition Project"). The Commission hereby represents that to the best of its knowledge after diligent inquiry, the Cost of the Acquisition Project as set forth in said budget is true, correct and complete 4 Ezra some weaves Udv2:2l so. so 330 in all material respects. D. The Commission will use the city mods to pay for the Cost of the Acquisition Project and will provide the City 1with. reports, on a basis or upon the request of the City, detailing the progress of the Acquisition Project and the expenditures from the Acquisition Account to date- Such reports shall be in such detail and he supported with such documentation as is reasonably required by the Director at the City's office Of Budget and Management ("Budget Director") . E. If at any time during the Acquisition Pro'j act the Budget Director determines from the reports submitted to date that the amount of the City Funds will not be sufficient to complete the Acquisition Project and so notifies the Commission, the Commission will not incur any further costs for the Acquisition Project until it demonstrates to the satisfaction of the Budget Director that it has sufficient available funds to complete the Acquisition Project. F. The Commission agrees that, in the event that the Commission completes the Acquisition Project with less funds than those in the Aoquisi ion Account, the Commission shall refund to the city any remaining funds in thencquisition Account. All interest earnings on the Acquisition Account will accumulate and will be paid to the City when the Commission has spent all of the City Funds which is reasonably required to complete the Acquisition Project. G. Upon the city?s deposit of the City ?unds in the Acquisition Account, the Commission agrees that it has full responsibility to complete the Acquisition Project and to provide the New Laboratory Site to the State Police. In the event that the Cost of the Acquisition Project exceeds the City Funds, the Comissicn will pay for such additional costs, creating no lien or encumbrances on the New Laboratory Site and making no claims for compensation or reimbursement against the city, the Po, the state Police, or the CD3. H. The Commission will cause to be completed within three weeks of the execution of this Agreement, a satisfactory Phase 1 environmental assessment of the New laboratory Site. The Commission will provide copies of the report for the Phase 1 environmental assessment to the Budget Director and the CBS. The one will thereatter decide whether a Phase 2 environmental assessment should he conducted by the Commission. the CD3 requests a Phase 2 environmental assessment, the Commission shall cause it to be completed as soon thereafter as practicable. Upon comPletion of the Phase 2 environmental assessment, the Commission shall provide to the Budget Director and the CBS the report for the Phase 2 environmental assessment. In the event that the Phase 2 report indicates a serious adverse environmental condition, the City and the State may agree to terminate this 5 t?Zz'S'd 331133 ?85223 55: BB 335 as. ?mw' Agreement or may agree to redesign the project for the construction of the New Laboratory if practical to mitigate the effects of: such :ondition. I. The Commission will transfer the seven .vacant parcels it currently owns in the New Laboratory Site along with the Newr Laboratory Site to the State Police at no cost to the City or the State Police. J. The Commission agrees that the Acquisition Project will not be complete until the State Police and the CDE accept the transfer of the New Laboratory Site. Such transfer is contingent upon the Commission furnishing reasonably satisfactory evidence as to the following: 3.. That title to the New Laboratory site has been secured in fee simple by 'the Commission, with no liens and encumbrances, and.shall vest in the State Police upon.the execution and delivery (and recording) of Cuitclaim Deed to the State 2. That all buildings on the New Laboratory Site have been demolished and any other site preparation that the Commission and the C03 agree should be conducted by the Commission has been conducted by the Commission, it being understood that any and all site preparation will be conducted by either the Commission or the depending upon the agreement between them, and that the can and the Commission shall not fail to agree on what site preparation nust be conducted by the commission at its expense: 3. That a legal boundary surVey and description of the New Laboratory Site prepared by a Registered Land Surveyor in Illinois, including any easements affecting the property and otherwise meeting joint standards have been delivered: 4. That there has been compliance with the Illinois Responsible Property Transfer not, including the submission of any required disclosure document pursuant thereto: 5. That a list of the utilities available and the source of supply for gas, water sewer, electric and fire protection has been delivered and disclosed: 6. That all current owners and other parties having an interest as tenants or otherwise of any part of the property comprisiing the New Laboratory Site have been disclosed in writing: 7. That evidence has been provided of the existing zoning restrictions: and 8. That a title commitment containing only such. exceptions as may reasonably be approved by the Attorney General for the New Laboratory Site including appropriate endorsements such 6 tie/27? 3313.30 "11133'1/5 Hell-72:29 56: E8 0 mm mcudmw mu.? wm?m Human mnu