HB1716ham005 95TH GENERAL ASSEMBLY

Rep. Patrick J Verschoore

Filed: 4/19/2007

09500HB1716ham005 LRB095 06381 AJO 34974 a

AMENDMENT TO HOUSE BILL 1716

AMENDMENT NO. ______. Amend House Bill 1716, AS AMENDED, immediately below the last line of Section 80, by inserting the following:

"Section 85. Upon the payment of the sum of $4,766,666 to the State of Illinois, Grantor, and subject to the conditions set forth in Section 900 of this Act, the Secretary of the Department of Transportation is authorized to convey by quitclaim deed all right, title and interest in and to the following described land in Cook County, Illinois, to the City of Chicago, Grantee.

Parcel No. 0ZZ0737

A parcel of land comprising parts of Lots 6, 7, 8, 9, 11, 22, 24 and all of Lots 10 and 23 in Elijah K. Hubbard's Subdivision of Block 16, and parts of Lots 6, 8 and all of Lot 7 in Elijah K. Hubbard's Subdivision of Block 15, together with part of Vacated Cabrini Street and Vacated Arthington Street, all in Section 16, Township 39 North, Range 14 East of the Third Principal Meridian, described as follows: Commencing at a Iron Pipe Found at the Northwest corner of Lot 11 in Elijah K. Hubbard's Subdivision of Block 15; thence South 89 degrees 43 minutes 02 seconds East along said South line of Vacated Arthington Street, 30.00 feet; thence North 00 degrees 35 minutes 07 seconds East along a line 30 feet East of and Parallel to the West line of Lot 6 in Elijah K. Hubbard's Subdivision of Block 15 extended southerly to a point on the centerline of Vacated Arthington Street also being the Point of Beginning; thence continuing North 00 degrees 35 minutes 07 seconds East along a line 30 feet East of and Parallel to the West line of said Lots 6 and 22 in Elijah K. Hubbard's Subdivision of Block 15 and the West line of said Lots 6 and 11 in Elijah K. Hubbard's Subdivision of Block 16, 500.53 feet to a Point on the South line of Polk Street being 30 feet East of the Northwest corner of Lot 6 in Elijah K. Hubbard's Subdivision of Block 16; thence South 89 degrees 02 minutes 29 seconds East along the South line of Polk Street, 100.00 feet to the intersection with the West line of South Des Plaines Street (as widened); thence South 00 degrees 35 minutes 07 seconds West, 499.35 feet to a point on the centerline of Vacated Arthington Street; thence North 89 degrees 43 minutes 02 seconds West along the centerline of Vacated Arthington Street, 100.00 feet to the Point of Beginning, in Cook County, Illinois.

Containing 1.148 acres, more or less.

It is understood and agreed that there is no existing right of access nor will access be permitted in the future by the State of Illinois, Department of Transportation, from or over the premises above described to and from FAI Route 90/94, previously declared a freeway.

and,

The Property is conveyed AS-IS, WHERE-IS, WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, AS TO ITS CONDITION, ENVIRONMENTAL OR OTHERWISE, OR ITS SUITABILITY OR SUFFICIENCY FOR THE GRANTEE'S INTENDED USES AND PURPOSES. Grantee acknowledges that adverse physical, economic or other conditions (including without limitation, adverse environmental soils and ground-water conditions), either latent or patent, may exist on the property and assumes the Grantor's responsibility for all environmental conditions of the property, known or unknown, including but not limited to responsibility, if any, for investigation, removal or remediation actions relating to the presence, release or threatened release of any hazardous substance or other environmental contamination relating to the property. The Grantee also releases, covenants not to sue, and shall indemnify, defend, and hold the Grantor and its past, present and future officials, employees, and agents, harmless from and against any and all claims, demands, penalties, fees, damages, losses, expenses (including but not limited to fees and costs of regulatory agencies, attorneys, contractors and consultants), and liabilities arising out of, or in any way connected with, the condition of the property including but not limited to any alleged or actual past, present or future presence, release or threatened release of any hazardous substance in, on, under or emanating from the property, or any portion thereof or improvement thereon, from any cause whatsoever; it being intended that the Grantee shall so indemnify the Grantor and such personnel without regard to any fault or responsibility of the Grantor or the Grantee. The obligation to complete all environmental investigation, removal or remediation of the property and the acknowledgements, releases, and covenants herein touch and concern the property, are intended to run with the land and bind the Grantee and Grantee's successors and assigns, and inure to the benefit of the Grantor and its successors and assigns.

For purposes of this COVENANT, the term "Hazardous Substance" shall mean petroleum products and compounds containing them; flammable materials; radioactive materials; polychlorinated biphenyls ("PCBs") and compounds containing them; lead; asbestos or asbestos-containing materials in any friable form; underground or above-ground storage tanks; and any substance or material that is now or hereafter becomes regulated under any federal, State, or local statute, ordinance, rule, regulation, or other law relating to environmental protection, contamination or cleanup.

The Grantee's release and covenant not to sue shall include both claims by the Grantee as original plaintiff against the Grantor and any cross-claims, third-party claims or other claims against the Grantor by the Grantee based upon claims made against the Grantee by any third parties. The obligation to indemnify and defend shall include, but not be limited to, any liability of the Grantor to any and all federal, State or local regulatory agencies or other persons or entities for remedial action costs and natural resources damages claims. This COVENANT means that the Grantee accepts the property "as-is, where-is and with-all-faults," and that the Grantee assumes all responsibility of the Grantor to investigate, remove and remediate any contamination and other adverse environmental conditions on the property, and has no recourse against the Grantor or any of its officers, employees or agents for any claim or liability with respect to the property.

This COVENANT shall apply regardless of whether or not the Grantee is culpable, negligent or in violation of any law, ordinance, rule or regulation. Nothing herein shall release, discharge or affect any rights or causes of action that the Grantor or the Grantee may have against any other person or entity, except as otherwise expressly stated herein, and each of the parties reserves all such rights including, but not limited to, claims for contribution or cost recovery relating to any hazardous substance in, on, under or emanating from the property.

Section 90. Upon the payment of the sum of $578,667 to the State of Illinois, Grantor, and subject to the conditions set forth in Section 900 of this Act, the Secretary of the Department of Transportation is authorized to convey by quitclaim deed all right, title and interest in and to the following described land in Cook County, Illinois, to the City of Chicago, Grantee.

Parcel No. 0ZZ0326

That part of the Southeast Quarter of Section 2, Township 37 North, Range 14 East of the Third Principal Meridian, in Cook County, Illinois, described as follows:

Commencing at the intersection of the north right of way line of 95th Street with the west right of way line of Stony Island Avenue; thence on an assumed bearing of North 01 degree 24 minutes 01 second West, on said west right of way line, 40.00 feet to the Point of Beginning; thence South 43 degrees 29 minutes 11 seconds West, 28.34 feet; thence South 88 degrees 22 minutes 22 seconds West, parallel with the north right of way line of said 95th Street, 246.08 feet; thence North 01 degree 37 minutes 38 seconds West, 150.01 feet; thence North 88 degrees 22 minutes 27 seconds East, 266.67 feet to the west right of way line of said Stony Island Avenue; thence South 01 degree 24 minutes 01 second East, on said west right of way line, 130.00 feet to the Point of Beginning.

Said parcel containing 0.9127 acre, more or less.

Subject to the following;

No access will be permitted to the subject property from Stony Island Avenue. A right-in/right-out only driveway will be permitted from 95th Street.

and,

The Property is conveyed AS-IS, WHERE-IS, WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, AS TO ITS CONDITION, ENVIRONMENTAL OR OTHERWISE, OR ITS SUITABILITY OR SUFFICIENCY FOR THE GRANTEE'S INTENDED USES AND PURPOSES. Grantee acknowledges that adverse physical, economic or other conditions (including without limitation, adverse environmental soils and ground-water conditions), either latent or patent, may exist on the property and assumes the Grantor's responsibility for all environmental conditions of the property, known or unknown, including but not limited to responsibility, if any, for investigation, removal or remediation actions relating to the presence, release or threatened release of any hazardous substance or other environmental contamination relating to the property. The Grantee also releases, covenants not to sue, and shall indemnify, defend, and hold the Grantor and its past, present and future officials, employees, and agents, harmless from and against any and all claims, demands, penalties, fees, damages, losses, expenses (including but not limited to fees and costs of regulatory agencies, attorneys, contractors and consultants), and liabilities arising out of, or in any way connected with, the condition of the property including but not limited to any alleged or actual past, present or future presence, release or threatened release of any hazardous substance in, on, under or emanating from the property, or any portion thereof or improvement thereon, from any cause whatsoever; it being intended that the Grantee shall so indemnify the Grantor and such personnel without regard to any fault or responsibility of the Grantor or the Grantee. The obligation to complete all environmental investigation, removal or remediation of the property and the acknowledgements, releases, and covenants herein touch and concern the property, are intended to run with the land and bind the Grantee and Grantee's successors and assigns, and inure to the benefit of the Grantor and its successors and assigns.

For purposes of this COVENANT, the term "Hazardous Substance" shall mean petroleum products and compounds containing them; flammable materials; radioactive materials; polychlorinated biphenyls ("PCBs") and compounds containing them; lead; asbestos or asbestos-containing materials in any friable form; underground or above-ground storage tanks; and any substance or material that is now or hereafter becomes regulated under any federal, State, or local statute, ordinance, rule, regulation, or other law relating to environmental protection, contamination or cleanup.

The Grantee's release and covenant not to sue shall include both claims by the Grantee as original plaintiff against the Grantor and any cross-claims, third-party claims or other claims against the Grantor by the Grantee based upon claims made against the Grantee by any third parties. The obligation to indemnify and defend shall include, but not be limited to, any liability of the Grantor to any and all federal, State or local regulatory agencies or other persons or entities for remedial action costs and natural resources damages claims. This COVENANT means that the Grantee accepts the property "as-is, where-is and with-all-faults," and that the Grantee assumes all responsibility of the Grantor to investigate, remove and remediate any contamination and other adverse environmental conditions on the property, and has no recourse against the Grantor or any of its officers, employees or agents for any claim or liability with respect to the property.

This COVENANT shall apply regardless of whether or not the Grantee is culpable, negligent or in violation of any law, ordinance, rule or regulation. Nothing herein shall release, discharge or affect any rights or causes of action that the Grantor or the Grantee may have against any other person or entity, except as otherwise expressly stated herein, and each of the parties reserves all such rights including, but not limited to, claims for contribution or cost recovery relating to any hazardous substance in, on, under or emanating from the property.".