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CITY OF WEST CHICAGO
PUBLIC AFFAIRS COMMITTEE
AGENDA ITEM SUMMARY
ITEM TITLE: Resolution No. 19-R- 0039 — Authorizing AGENDA ITEM NUMBER: __ A.
the Mayor to Execute a Maintenance Agreement for the
Commissioned Work of Juan Chawuk at
Supermercado Tampico with Jose Ocampo and Martha | commiTTEE AGENDA DATE: August 26, 2019
FILE NUMBER:
Ocampo. COUNCIL AGENDA DATE:
STAFF REVIEW: Rosemary Mackey SIGNATURE
APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE
ITEM SUMMARY:
Following approval of the Public Art Mural of Juan Chawuk, a Maintenance Agreement between the City of West
Chicago and Supermercado Tampico at 516 Main Street (owners Jose Ocampo and Martha Ocampo) was drafted.
The Agreement, attached as Exhibit A, establishes the following:
e Responsibilities of the Owners
e Responsibilities of the City
e Indemnification
ACTIONS PROPOSED:
Staff recommends approval of Resolution No. 19-R-0039
COMMITTEE RECOMMENDATION:

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RESOLUTION NO. 19-R-0039
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A MAINTENANCE AGREEMENT BETWEEN THE
CITY OF WEST CHICAGO AND SUPERMERCADO TAMPICO, JOSE OCAMPO AND MARTHA OCAMPO FOR
THE MAINTENANCE OF A COMMISSIONED PUBLIC ART MURAL TO BE AFFIXED AT THE BUILDING
LOCATED AT 516 MAIN STREET, WEST CHICAGO, ILLINOIS
BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled,
that the Mayor is hereby authorized to execute a Maintenance Agreement between the City of West
Chicago and Supermercado Tampico, Jose Ocampo and Martha Ocampo, for the commissioned artwork
of Juan Chawuk to be installed at 516 Main Street, a copy of which is attached hereto and incorporated
herein as Exhibit “A”.
APPROVED this 3 day of September, 2019.
AYES:
NAYES:
ABSTAIN:
ABSENT:
Ruben Pineda, Mayor
ATTEST:
Nancy M. Smith, City Clerk

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For Recorders Use Only
MAINTENANCE AGREEMENT BETWEEN THE CITY OF WEST
CHICAGO AND SUPERMERCADO TAMPICO, JOSE OCAMPO
AND MARTHA OCAMPO FOR THE MAINTENANCE OF A
COMMISSIONED PUBLIC ART MURAL TO BE AFFIXED AT
THE BUILDING LOCATED AT 516 MAIN STREET, WEST
CHICAGO, ILLINOIS
This Maintenance Agreement (hereinafter referred to as "Agreement" is entered into this 3" day
of September 2019, between the City of West Chicago, an Illinois Municipal Corporation,
(hereinafter referred to as the “City”) and Supermercado Tampico, Jose Ocampo and Martha
Ocampo (hereinafter referred to as the “Owners”).
RECITALS
WHEREAS, the City is an Illinois Corporation, organized and existing in accordance
with the laws of the State of Illinois; and
WHEREAS, the City, in conjunction with the West Chicago Cultural Arts Commission,
has undertaken a Program to establish a collection of Public Art, which is intended to be located
throughout the City and is designed to capture the spirit and history; and
WHEREAS, the display of certain Public Art is intended to document the unique history
of the City and its progress as a modern City; and
WHEREAS, the Cultural Arts Commission has proposed the creation of a Mural by
renowned Mexican Artist, Juan Chawuk; which portrays the symbolic connection between the
Monarch Butterfly migration and the arrival of the diverse immigrant population which has
journeyed to the borders of the City throughout its rich history; and
WHEREAS, the City is celebrating the Year of the Butterfly and the proposed Mural will
capture the transformative beauty of the Monarch Butterflies, their contribution to the necessary
pollination of plants throughout West Chicago, and will allow the Residents an opportunity to
celebrate One West Chicago through the beauty of art; and

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WHEREAS, the City has located a highly visible canvass at the Gateway to the City to
install and display this meaningful Mural, affording visibility to Residents, visitors, commuters
and pedestrians; and
WHEREAS, Owners are the Property Owners of Record of a building located at 516
Main Street, West Chicago, Illinois, and legally described in Exhibit “A” (hereinafter referred to
as the “Subject Property”), which building is located on the south side of Main Street, west of
Illinois Route 59, at the eastern Gateway to the City; and
WHEREAS, the Parties have agreed to allow a City commissioned Public Art Mural
(hereinafter referred to as “Public Art”) to be affixed to the Supermercado Tampico building
(hereinafter referred to as “Tampico”), which building is located on the Subject Property, in
order to display said Public Art for the Residents, community, visitors and the general public to
enjoy; and
WHEREAS, the Owners recognize the benefits to the Subject Property and to the
business of Tampico by the enhancement of the aesthetics of the Tampico building by locating
the Public Art thereon and the possible increase in business traffic resulting from the public
awareness and interest in the Public Art; and
WHEREAS, the City seeks to ensure that said Public Art, which is the Property of the
City, will be properly displayed and maintained into the future; and
WHEREAS, the City has agreed to accept responsibility for the display and maintenance
of said Public Art on the Subject Property; and
WHEREAS, the City and Owners have determined that it is in their mutual best interests
to enter into this Agreement, and set forth their duties and obligations relative thereto herein.
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions
herein set forth, and the understandings of each Party to the other, the Parties do hereby
mutually covenant, promise and agree as follows:
1.0 INCORPORATION
1.1 All recitals set forth above are incorporated herein and made part hereof,
the same constituting the factual basis for this Agreement.
1.2 The headings of the paragraphs and subparagraphs of this Agreement are
the inserts for convenience of reference only and shall not be deemed to
constitute part of this Agreement or to affect the construction hereof.
1.3 This Agreement runs with the Subject Property, and shall bind and inure
to the benefit of any owner or successor in interest to the Subject Property,
and shall, after execution, be duly recorded with the DuPage County
Recorder.

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2.0
3.0
RESPONSIBILITIES OF OWNERS
2.1
2:2
2.3
Owners shall permit the City to display and maintain the Public Art that is
affixed to Tampico, which display, maintenance and upkeep shall be
undertaken by the City.
Owners hereby grant the City, its Staff, agents, consultants and
contractors access on the Subject Property and to access the Tampico
Building on which the Public Art is affixed, at such reasonable times as
may be required by the City to discharge its display and maintenance
obligations set forth in this Agreement. Said access shall include, but is
not limited to, allowing the necessary City representatives, vehicles and
equipment access to the Subject Property, as may be necessary, in the sole
and exclusive determination of the City, to display, maintain, preserve,
inspect, repair, etc. said Public Art.
Owners shall insure that any subsequent Owner or successor in interest of
the Subject Property accepts the responsibilities contained herein for the
City to display and maintain the Public Art, and Owners shall be
responsible to obtain an appropriate and adequate Agreement between any
and all successors that take an interest in the Subject Property, where its
successors and interests shall be liable for full performance under this
Agreement. The City shall have the right to review and approve or deny
any and all contracts between Owners and its successors in interest to the
Subject Property which do not contain said language in order to ensure
adequate and appropriate language is contained therein to provide for the
contractual responsibilities set forth herein.
RESPONSIBILITIES OF THE CITY
3.1
3.2
3.3
The City agrees to display and maintain the Public Art, including any
repair, restoration, etc. required, as determined exclusively by the City.
Said obligation may include removing the Public Art, or some portion
thereof from Tampico, during which the City shall ensure such
maintenance or removal does not damage the Tampico structure. In the
event there is any damage to the Tampico structure, the City shall be
responsible for repairing said damage, to the extent the damage was
caused by the City or its agents.
If any maintenance of the Public Art is necessary, the City will provide
seven (7) days notice to Owners or the Owner or successor in interest, that
said maintenance is required on the Public Art and that access to the
Subject Property is required. The City shall be granted access as provided
for in this Agreement and no further permission shall be required.

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4.0
5.0
6.0
INDEMNIFICATION
4.1
4.2
The City shall, to the extent permitted by law, indemnify, hold harmless
and defend the Owners and its officials, officers, employees, and agents
from and against all liability, claims, suits, demands, proceedings and
action, including costs, fees and expense of defense, arising from, growing
out of, or related to, any damage to property resulting from, or connected
with, the display and maintenance of the Public Art and any future work
required in connection therewith.
Nothing contained herein shall be construed as prohibiting the City from
defending through the selection and use of their own agents, attorneys and
experts, any claims, suits, demands, proceedings and actions brought in
regard to the obligations of this Agreement.
ENTIRE AGREEMENT
5.1
This Agreement represents the entire Agreement between the Parties with
respect to display and maintenance of the Public Art, and supersedes all
previous communications or understandings whether oral or written.
NOTICES
6.1
Any notice required hereunder shall be deemed properly given to the Party
to be notified at the time it is personally delivered or sent via U.S. Mail to
the Party's address as set forth below. The address of each Party is as
specified below; and either Party may change its address for receiving
notices by giving notices thereof in compliance with the terms of this
subsection.
CITY OF WEST CHICAGO:
Ruben Pineda
Mayor
City of West Chicago
475 Main Street
West Chicago, IL 60185
rpineda@westchicago.org
Michael Guttman
City Administrator
City of West Chicago
475 Main Street
West Chicago, IL 60185
mguttman@westchicago.org

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7.0
8.0
9.0
10.0
With a copy to:
Patrick K. Bond
City Attorney
City of West Chicago
Bond, Dickson & Conway
400 S. Knoll Street, Unit C
Wheaton, IL 60187
patrickbond@bond-dickson.com
PROPERTY OWNERS:
Jose Ocampo
Martha Ocampo
516 Main Street
West Chicago, IL 60185
Email: smtampico@aol.com
AMENDMENT OR MODIFICATION
7A No modification or amendment to this Agreement shall be effective unless
in writing and signed by each Party to this Agreement.
TERMINATION
8.1 The City may terminate this Agreement upon sixty (60) days written
notice to the Owners at the address provided for herein.
8.2. The Owners may terminate this Agreement upon six (6) months written
notice to the City at the address provided for herein.
NON-ASSIGNMENT
9.1 This Agreement shall not be assigned by any Party without the written
consent of the other Parties, which consent shall not be unreasonably
withheld.
GOVERNING LAW
10.1 This Agreement shall be governed by the laws of the State of Illinois as to
both interpretation and performance.

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10.2 The appropriate venue for resolving any disputes concerning the Parties!
respective performance, or failure to perform, under this Agreement, shall
be the 18th Judicial Circuit Court for DuPage County, Wheaton, Illinois.
11.0 SEVERABILITY
11.1 In the event any provision of this Agreement is held to be unenforceable
or invalid for any reason, the enforceability thereof shall not affect the
remainder of the Agreement. The remainder of this Agreement shall be
construed as if not containing the particular provision and shall continue in
full force, effect, and enforceability, in accordance with its terms.
12.0 FORCE MAJEURE
12.1 Neither Party shall be liable for any delay or non-performance of their
obligations caused by any contingency beyond their control including but
not limited to Acts of God, war, civil unrest, strikes, walkouts, fires, and
natural disasters.
IN WITNESS whereof, the Parties set their hands and seals as of the date first written
above.
Ruben Pineda, Mayor Jose Ocampo, Property Owner
ATTEST:
Martha Ocampo, Property Owner
Nancy Smith, City Clerk

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EXHIBIT “A”
LEGAL DESCRIPTION
516 Main Street
West Chicago, IL
F:\PKB\West Chicago\Agreements\516 Main Street West Chicago Mural Maintenance Agreement.doc