HomeMy WebLinkAboutRESOLUTIONS-2016-038-R-1638-R-16
A RESOLUTION
Authorizing the City Manager to Enter into One Year
Lease Agreement for Fifty Parking Spaces at the 525 Church Street
Parking Garage with Northwestern University
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COUNTY OF COOK, STATE OF ILLINOIS:
SECTION 1: That the City Manager is hereby authorized and directed to
sign a one (1) year parking lease (June 1, 2016 through May 31, 2017) (the "Lease")
by and between the City of Evanston and Northwestern University for parking spaces
at 525 Church Street. The lease its attached hereto as Exhibit A and incorporated
herein by reference.
SECTION 2: That the City Manager is hereby authorized and directed to
negotiate any additional terms and conditions of the lease as may be determined to be
in the best interests of the City.
SECTION 3: That this Resolution 38-R-16 shall be in full force and
effect from and after its passage and approval in the manner provided by law.
Attest:
Rodney Green , City Clerk
Eliza eth B. Tisdahl, Mayor
Adopted: ra , 2016
38-R-16
EXHIBIT A
PARKING LEASE AGREEMENT
-2-
PARKING LEASE AGREEMENT
FOR PARKING IN THE 525 CHURCH STREET GARAGE BETWEEN
THE CITY OF EVANSTON
AND
NORTHWESTERN UNIVERSITY
TABLE OF CONTENTS
1. Date and Parties..........................................................................................................
3
2. Leased Premises............................................................................................................
3
3. Lease Term..................................................................................................................
3
4. Rent.............................................................................................................................
3
5. Transponders...............................................................................................................3
6. Non -Exclusive Use.......................................................................................................
4
7. Renewal.........................................................................................................................4
8. Compliance with Law...................................................................................................
4
9. Landlord Repair Resnonsibilitv....................................................................................
4
10. Tenant Alterations.........................................................................................................
5
11. Utilities..........................................................................................................................
5
12. Liens..............................................................................................................................
5
13. Insurance to be Maintained by Tenant..........................................................................
5
14. Casualtv/Restoration......................................................................................................
6
15. Eminent Domain ........................ ...................................................................................
6
16. Assignment, Subletting and Ownership........................................................................
7
17. Signs..............................................................................................................................
7
18. Surrender of Leased Premises.......................................................................................
7
19. Indemnification.............................................................................................................
7
20. Holdover.......................................................................................................................
7
21. Tenant Default..............................................................................................................
8
22. Landlord's Remedies....................................................................................................
8
23. Time is of the Essence..................................................................................................
9
24. Successors and Assims.................................................................................................
9
25. Ouiet Eniovment...........................................................................................................
9
26. Prior Agreements/Amendments....................................................................................
9
27. Sale of Premises............................................................................................................
9
28. Notices........................................................................................................................ 10
29. Tenant and Landlord Mutual Environmental Indemnitv........................................... 10
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PARKING LEASE AGREEMENT
1. Date and Parties. This Parking Lease Agreement ("Agreement") is made on
this day of 2016 (the "Lease Commencement Date"), by and
between the City of Evanston, an Illinois municipal corporation ("City" or "Landlord"),
and Northwestern University ("Northwestern" or "Tenant").
2. Leased Premises. Landlord is the fee owner of certain property legally
described in Exhibit A, attached hereto and incorporated herein, and commonly known as
525 Church Street. Landlord hereby leases to Tenant and Tenant hereby leases from
Landlord fifty (50) covered garage parking spaces at 525 Church Street, Evanston,
Illinois; the fifty (50) covered parking spaces shall be referred to as the "Leased
Premises." The Leased Premises are being operated and managed by SP Plus
Corporation ("SP Plus" "Management Company").
3. Lease Term. The initial term of this Lease shall start on the Lease
Commencement Date and continue for one (1) year, or twelve (12) months (the "Initial
Term"). Subject to the notice requirements of this Agreement, and provided that at the
time of such notice the Tenant is not then in Default (as herein defined) under the terms
of this Lease, the Tenant is hereby granted the right (each, a "Renewal Option") to renew
the Initial Term of this lease in one (1) year term increments (each, a "Renewal Term").
The Tenant shall exercise each Renewal Option, if at all, by noticing the Landlord in
writing of its intent to renew within sixty (60) days of the expiration of the then current
term. All of the terms and provisions of this Lease shall apply to each Renewal Term.
In the event the Tenant timely exercises a Renewal Option, the Landlord and the Tenant
each agree to execute an amendment to this Lease in a form reasonably acceptable to
both Parties reflecting the extension of the term by the Renewal Term. If no Renewal
Option is exercised by the Tenant, the term of this Lease shall end on the last day of the
twelve month, unless terminated at an earlier date.
4. Rent. The Tenant agrees to pay the Landlord as a lease fee the standard
parking rent ("Rent") for the parking spots located at 525 Church Street in monthly
installments of $85.00 per parking spot on or before the first day of each and every
successive month during the Lease Term. All Rent -and other charges due under this
Lease shall be made payable to SP Plus. Landlord may, in its sole discretion, change the
Rent at any time during the Term by giving Tenant no less than thirty (30) days prior
written notice. Notwithstanding anything to the contrary in this Agreement, changes to
the Rent made pursuant to this Section shall not require a written amendment to this
Agreement and shall be deemed effective upon Tenant's receipt of Landlord's notice as
required in this Section.
5. Proximity Card. Tenant shall be issued a total number of proximity cards
equivalent to the total number of parking spaces required by the Tenant as provided for in
this Agreement. The Proximity cards will be supported by License Plate Recognition.
The cost of the proximity cards shall be at the Tenant's sole expense and shall be
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provided by the Landlord. Tenant is solely responsible for maintaining and insuring
proper use of all proximity cards. Any attempt to manipulate or circumvent any parking
procedures or the provisions of this Agreement may result in immediate revocation of
parking privileges. Tenant acknowledges that the proximity card must be used upon
entry and exit to the 525 Church Street garage. Absent such use, Tenant may be subject
to the daily parking rate for said facility. Tenant acknowledges that a replacement charge
for lost or damages proximity cards will be imposed by Landlord at the Tenant's sole
expense.
6. Non -Exclusive Use: Tenant shall have non-exclusive use of the Leased
Premises only for parking purposes. The Tenant acknowledges and agrees that only
intended and registered users of 525 Church Street, Evanston, Illinois will be permitted to
use the parking spaces located on the Leased Premises. Vehicles parked in the aforesaid
parking lot located at 525 Church Street that are not registered will be subject to being
ticketed and/or towed.
7. Renewal. Tenant must notify Landlord, in writing, of its desire to renew the
Agreement within 120 days of expiration of the term. The parties will negotiate the lease
and enter into a new and separate agreement.
Following the expiration of the one (1) year anniversary of the Agreement, the
Agreement can be modified every year thereafter but not before, during any calendar year
in the preceding one (1) year term per the annual parking report. Any amendments to the
number of parking spaces leased from the Landlord or any other amendments to the
Agreement, including term extensions, shall be approved by the City Council as an
amendment to the Agreement.
8. Compliance with Law. Tenant shall not use the Leased Premises, or permit
anything to be done in or about the Leased Premises, which will in any way conflict with
any law, statute, ordinance or governmental rule or regulation now in force or which may
hereafter be enacted or promulgated.
9. Landlord Repair Resoonsibilitv. Landlord shall repair and maintain the
Leased Premises, including snow removal, paving, repair of potholes, and curb cuts.
Landlord shall not be liable for any failure to make such repairs or to perform any
maintenance if need for such repair is due to the neglect on the part of the Tenant.
Tenant shall provide Landlord with written notice of any repairs needed and Landlord
shall address said repair(s) within a reasonable time to be agreed between City and
Tenant. There shall be no abatement of Rent, and no liability of Landlord by reason of
any injury to, or interference with, Tenant's business arising from the making of any
repairs, alterations or improvements in or to any portion of the Leased Premises or in or
to fixtures, appurtenances and equipment therein. The provisions of this section shall not
apply in the case of damage or destruction by fire or other casualty or a taking under the
power of eminent domain.
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10. Tenant Alterations. Except as otherwise specifically provided in this Lease,
Tenant shall not, at any time during the Lease Term, make any alterations, decorations,
additions, or improvements to the Leased Premises (hereinafter collectively referred to as
"Alterations"), without Landlord's prior written consent, which shall not be unreasonably
withheld. In the event that Landlord consents to the performance of any such Alterations,
Landlord may impose on Tenant whatever requirements or conditions Landlord may
deem appropriate in connection with the performance of such Alterations (e.g. insurance,
performance bond, lien waivers, plans and specifications, permits and licenses).
11. Utilities. Landlord shall be responsible for and pay for all utilities supplied to
the Leased Premises.
12. Liens. Tenant shall not cause or permit any mechanic's lien to be filed
against the Leased Premises by reason of, or due to, or as a result of, any work, labor,
services, or materials performed at, or furnished to, the Leased Premises, to Tenant, or to
anyone holding the Leased Premises through or under Tenant. If any such mechanic's
lien shall at any time be filed, Tenant shall immediately cause the same to be discharged
of record by payment, bond, order of a court of competent jurisdiction or otherwise;
provided, however, that Tenant shall have the right to contest any and all such liens
provided security which is satisfactory to Landlord, in its sole discretion, is deposited
with Landlord and such lien is dismissed within sixty (60) days from the filing date of
said lien. Subject to the immediately preceding sentence, in the event that Tenant fails to
cause any such lien to be discharged within thirty (30) days after being notified of the
filing thereof and before judgment or sale thereunder, then, in addition to any other right
or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same
by paying the amount claimed to be due, or by bonding or other proceeding deemed
appropriate by Landlord, and the amount so paid by Landlord, together with all costs and
expenses (including, but not limited to, reasonable attorney's fees), incurred by Landlord
in procuring the discharge of such lien, shall be deemed to be additional rent and shall
immediately become due and payable by Tenant to Landlord on the first day of the next
following month.
13. Insurance to be Maintained by Tenant. Tenant shall, at its sole cost and
expense, at all times during the Term obtain and pay for and maintain in full force and
effect the following insurance policy or policies:
(a) "All -Risk" Prooerty Coverage. "All Risk" property insurance on a replacement
cost basis, covering all of the Tenant's personal property, merchandise, trade fixtures,
furnishings and equipment, and all leasehold improvements installed in the Leased
Premises by, or on behalf of, Tenant in an amount not less than the full replacement cost
of all such property.
(b) Liability Coverage. Commercial general public liability to comply with any
conditions of this Lease, umbrella liability insurance, covering Tenant against any claims
arising out of liability for bodily injury and death and personal injury and property
damage occurring in and about the Leased Premises, and otherwise resulting from any
acts and operations of Tenant, its agents and employees, with limits of not less than a
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total combined single limit of $1,000,000.00 per occurrence and $2,000,000.00 annual
general aggregate. Such insurance shall include, inter alia: (i) "occurrence" rather than
"claims made" policy forms; (ii) all insurable liability assumed by the Tenant under the
terms of this Lease; (iii) premises medical expenses in an amount not less than $5,000.00
per person, per accident; (iv) the Landlord and any other parties designated by Landlord
(including, but not limited to, its beneficiary, its general partners and its managing agent)
shall be designated as additional insured(s); and (v) severability of insured parties.
(c) Workers' Compensation Coveraee. Workers' compensation and employer's
liability insurance in the state of Illinois. A Copy of Liability insurance Certificate
required pursuant to this Paragraph shall be delivered to Landlord prior to the Rent
Commencement Date. If Tenant fails to submit such certificate to Landlord within the
specified time, or otherwise fails to obtain and maintain insurance coverage in
accordance with this Paragraph then Landlord, at Landlord's sole option, may, but shall
not be obligated to, procure such insurance on behalf of, and at the expense of, the
Tenant, and if Landlord exercises such right and expends any funds to obtain such
insurance, Tenant shall reimburse Landlord for such amounts upon demand, it being
understood that any such sums for which Tenant is required to reimburse Landlord shall
constitute additional Rent under this Lease.
14. Casualty/Restoration. In the event the Leased Premises are damaged by fire,
explosion or any other casualty to the extent which is less than twenty-five percent (25%)
of the full replacement cost of the Leased Premises and none of the events described in
the next succeeding sentence of this Paragraph shall have occurred, the damage shall be
repaired by Landlord within a reasonable time period thereafter, and that in no event shall
Landlord be required to repair or replace Tenant's signage,, fixtures and any work
performed by Tenant. In the event of any such damage by fire, explosion or any other
casualty, and (a) Landlord is not required to repair as hereinabove provided, or (b) the
Leased Premises are damaged to the extent of twenty-five percent (25%) or more of the
full replacement cost of the Leased Premises, Landlord may elect either to (i) repair or
rebuild the Leased Premises or the building or buildings respectively, or (ii) terminate
this Lease. Tenant shall also have the right to terminate the lease, if damage due to any of
the above exceeds 25 % of the aggregate full replacement cost. Landlord shall make such
election by giving notice of such election in writing to Tenant within ninety (90) days
after the date of the event causing the damage. If Landlord is required or elects to repair
the Leased Premises as herein provided, Tenant shall promptly commence and diligently
complete `Tenant's work), at Tenant's expense. Tenant's rent shall be abated during this
period.
15. Eminent Domain.
(a) More than 50% Taken: If 50 percent (50%) or more of the Premises are taken for a
public or quasi -public use, this lease will terminate as of the date of the physical taking,
and the Parties will be released from all further liability.
(b) Less than 50% Taken: If the taking affects less than 50 percent of the Premises, the
Landlord will, with reasonable diligence, proceed at Landlord's expense to repair the
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Premises and place them in tenantable condition within 90 days after the date of the
actual physical taking.
(c) Abatement of Rent: During an), repair, Tenant will be required to pay only that part
of the fixed minimum monthly rental as the area of the tenantable Premises remaining
during repairs bears to the entire area leased. On completion of repairs, the fixed
minimum monthly rental will be adjusted in proportion to the repaired area, and Tenant
will be required to pay the adjusted fixed minimum monthly rental in accordance this
Agreement.
(d) Right to Condemnation Award: Any award made in any condemnation proceeding
for the taking of any part of the Premises will be the sole property of Landlord.
16. Assignment, Subletting and Ownership.
Any attempt or purported transfer, assignment, subletting, mortgage, or agreement
(hereinafter collectively referred to as a "Transfer") without Landlord's and Management
Company's prior written consent shall be void and of no force or effect and shall not
confer any interest or estate in the purported transferee. However, Tenant shall remain
liable for any and all rents and monies due Landlord up to and including the date of such
termination and shall not be relieved of its obligations and responsibilities to pay all
amounts due to Landlord.
17. Signs. Tenant may not erect or install any signage, of any nature or design,
without Landlord's prior written consent and without following the submission and,
approval process set forth in the City Code.
18. Surrender of Leased Premises. Tenant shall, at its sole cost and expense,
remove, at the termination of this Lease (by lapse of time or otherwise), remove such of
the alterations and additions and signs made or installed by Tenant as Landlord may
request; repair any damage caused by such removal.
19. Indemnification. Except as otherwise provided in this Agreement, Tenant
shall protect, indemnify and save Landlord and its officers, agents, attorneys, and
employees harmless from and against any and all obligations, liabilities, costs, damages,
claims and expenses of whatever nature arising from injury to persons or damage to
property on the Leased Premises, arising out of or in connection with Tenant's use or
occupancy of the Leased Premises or Tenant's activities on the Leased Premises, or
contracts entered into for work on the Leased Premises, or arising from any negligent or
willful act of Tenant. Tenant shall pay for all of Landlord's costs of suit and attorneys'
fees and expenses.
20. Holdover. On the last day of the Lease Term, or upon any earlier termination
of this Lease, or upon any re-entry by Landlord upon the Premises, Tenant shall quit and
surrender the Premises to Landlord "broom -clean" and in good order, condition and
repair, except for ordinary wear and tear and such damage or destruction as Landlord is
7
required to repair or restore under this Lease, and Tenant shall remove all of the Tenant's
personal property therefrom, except as otherwise expressly provided in this Lease. If
Tenant remains in possession after the Expiration Date or after any earlier termination
date of this Lease or of the Tenant's right to possession (a) Tenant shall be deemed a
tenant at will; (b) Tenant shall pay hundred percent (100%) of the Minimum Rent last
prevailing hereunder, (c) there shall be no renewal or extension of this Lease by operation
of law, and (d) the tenancy at will may be terminated upon thirty (30) days' notice from
Landlord; or, at the sole option of Landlord expressed by written notice to Tenant, but not
otherwise, such holding over shall constitute a renewal of this Lease for a period of one
(1) year on the same terms and conditions as provided in this Lease, except that the
Minimum Rent shall be as specified in this Paragraph.
21. Tenant Default. The occurrence of any one or more of the following events
shall constitute a default and breach of this Lease by Tenant:
(a) If Tenant fails to pay any Rent or any other charges required to be paid by
Tenant; or
(b) If Tenant fails to promptly and fully perform any other covenant, condition or
agreement contained in this Lease and such failure continues for thirty (30)
days after written notice thereof from Landlord to Tenant; provided, however,
that if the nature of any such default is such that the same cannot be cured
within thirty (30) days, Tenant shall have such additional period of time as
may be necessary to cure such default provided that it commences to cure said
default within the thirty (30) day period and proceeds diligently thereafter to
complete such cure, and provided further that such default is cured within one
hundred and twenty (120) days from the date of Landlord's notice to Tenant;
or
(c) If in any proceeding or action which Tenant is a party, a Trustee, or receiver,
agent or custodian is appointed to take charge of the Leased Premises or
Tenant's Property (or has the authority to do so) for the purpose of enforcing a
lien against the Leased Premises or Tenant's Property; or
(d) Tenant, or its employees while working at the Leased Premises, commits any
crime which constitutes a misdemeanor or felony; or
(e) Tenant shall fail to maintain the insurance coverage as set forth herein; or
(g) Tenant shall make a general assignment the benefit of creditors, or shall admit in
writing its inability to pay its debts as they become due or shall file a petition in
bankruptcy.
22. Landlord's Remedies. In the event of Tenant's default hereunder, then in
addition to any other rights or remedies Landlord may have under any law, Landlord
shall have the right, at Landlord's option, upon giving notice to tenant, to do the
following:
E:3
(a) Remedies. In the event of any breach of this Lease by Tenant, Landlord at its
option, and after the proper notice may, in addition to all other rights and remedies
provided in this Lease, at law or in equity to terminate this Lease and Tenant's right of
possession of the Leased Premises, and recover all damages to which Landlord is entitled
under law.
(b) Landlord may, at Landlord's option, enter into the Leased Premises, remove
Tenant's signs and other evidences of tenancy. Any such property of the Tenant not
retaken from storage by the Tenant within thirty (30) days after the end of the Term,
however terminated, shall be conclusively presumed to have been conveyed by the
Tenant to the Landlord under this Lease as a bill of sale, without further payment or
credit by the Landlord to the Tenant.
23. Time is of the Essence. Time is of the essence of this Lease and each and all
of its provisions in which performance is a factor, and all provisions herein and all
provisions relating thereto, shall be strictly construed.
24. Successors and Assigns. All of the provisions hereof shall be binding upon
and inure to the benefit of the parties hereto and their respective heirs, legal
representatives, successors and assigns. No third party, other than such heirs, legal
representatives, successors and assigns, shall be entitled to enforce any or all of the
provisions of this Lease or shall have any rights hereunder whatsoever.
25. Ouiet Eniovment. Upon Tenant paying the Rent reserved hereunder and
observing and performing all of the covenants, conditions and provisions on Tenant's
part to be observed and performed hereunder, Tenant shall have quiet possession of the
Leased Premises for the entire Lease Term hereof, subject to all the provisions of this
Lease.
26. Prior Agreements/Amendments. This Agreement contains all of the
agreements of the parties hereto with respect to any matter covered or mentioned in this
Agreement, and no prior agreements or understanding pertaining to any such matters
shall be effective for any purpose. No provision of this Agreement may be amended or
added to except by an agreement in writing signed by the parties hereto or their
respective successors in interest.
27. Sale of Premises. In the event of any sale of the Leased Premises by
Landlord, Landlord shall be and is hereby entirely freed and relieved of all liability under
any and all of its covenants and obligations contained in or derived from this Lease
arising out of any act, occurrence or omission occurring after the consummation of such
sale; and the purchaser, at such sale or any subsequent sale of the Leased Premises shall
be deemed, without any further agreement between the parties or their successors in
interest or between the parties and any such purchaser, to have assumed and agreed to
carry out any and all of the covenants and obligations of the Landlord under this Lease.
7
28. Notices. Notices and demands required or permitted to be given hereunder
shall be given by personal delivery or reputable overnight courier (such as Federal
Express), or registered or certified mail to:
Tenant: Northwestern University
Attn:
633 Clark Street
Evanston, IL 60201
Landlord: City of Evanston
Attn: City Manager
2100 Ridge Avenue
Evanston, IL 60201
with a copy to: City of Evanston
Attn: Corporation Counsel
2100 Ridge Avenue
Evanston, IL 60201
29. Tenant and Landlord Mutual Environmental Indemnitv.
(a) Definitions. For purposes of this Paragraph, "hazardous substance" means any matter
giving rise to liability under the Resources Conservation Recovery Act ("RCRA"), 42
U.S.C. Section 6901 et seq., the Comprehensive Environmental Response, Compensation
and Liability Act ("CERCLA"), 52 U.S.C. Sections 9601 et seq., the Illinois
Environmental Protection Act (IEPA), or any common law theory based on nuisance or
strict liability, including without limitation, petroleum products, asbestos, polychlorinated
biphenyls, radioactive materials and all other dangerous, toxic or hazardous pollutants,
contaminants, chemicals, materials or substances listed or identified in, or regulated by,
any federal, state, county, municipal, local or other statutes, laws, ordinances and
regulations.
(b) Prohibition. Tenant and Landlord shall not conduct or authorize the generation,
transportation, storage, treatment or disposal, on the Leased Premises of any hazardous
substance without prior written authorization by Landlord, which authorization may be
withheld in Landlord's sole discretion, and the Tenant's failure to comply with the
provisions of this paragraph shall constitute a default under this Lease.
(c) Remedial Action. If the presence, release, threat of release, placement on or in the
Leased Premises, or the generation, transportation, storage, treatment, or disposal the
Leased Premises of any hazardous substance due to the operation of tenants business:
(i) gives rise to liability (including, but not limited to, a response action, remedial action,
or removal action) under RCRA, CERCLA, the IEPA, or any common law theory based
on nuisance or strict liability, (ii) causes an adverse public health effect, or (iii) pollutes,
or threatens to pollute, the environment, Tenant shall promptly take, at Tenant's sole cost
and expense, any and all remedial and removal action necessary to clean up the Leased
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Premises, and mitigate exposure to liability arising from the hazardous substance,
whether or not required by law.
(d) Indemnification of Landlord. Except as otherwise provided in this Agreement, Tenant
shall protect, indemnify and save Landlord and its officers, agents, attorneys, and
employees harmless from and against any and all obligations, liabilities, costs, damages,
claims and expenses from any and all environmental liability claims, specifically claims
related to RCRA, CERCLA, the Clean Water Act, and claims of personal liability by third
parties. Tenant shall pay for all of Landlord's costs of suit and attorneys' fees and
expenses.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease the day
and year first above written.
1 IND OTATO
CITY OF EVANSTON
An Illinois municipal corporation
Its: City Manager
Print Name: Wally Bobkiewicz
TENANT:
NORTHWESTERN UNIVERSITY
By:
Its:
Print Name:
MANAGEMENT COMPANY
SP PLUS
By:
Its:
Print Name:
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EXHIBIT A
LEGAL DESCRIPTION
PARCEL 5: GARAGE LEVEL 4
THE PROPERTY SPACE AND A PORTION OF A MULTI -STORY BIDING AT THE
NORTHEASTERLY CORNER OF CHURCH STREET AND CHICAGO AVENUE,
EVANSTON, ILLINOIS AND KNOWN AS CHURCH STREET PLAZA LYING THE
BOUNDARIES PROJECTED VERTICALLY UPWARD FROM THE SURFACE OF
THE EARTH OF THAT PART OF LOT 1 IN CITY OF EVANSTON'S
CONSOLIDATION OF ALL THAT PART OF LOT 1 IN PLAT OF
CONSOLIDATION OF THE SOUTH 12.00 FEET OF LOT 3 AND ALL OF LOTS 4, 5,
6, 7, 8, 9, AND 10 TOGETHER WITH ALL THAT PART OF LOT 2 AND LOT 3
EXCEPT THE SOUTH 12.0 FEET THEREOF ALL IN BLOCK 14 EVANSTON, IN
THAT EAST HALF OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF
THE THIRD PRINCIPAL MERIDIAN, THE EASTERLY LINE OF SAID CHICAGO
AVENUE BEARING NORTH 0 DEGREES, 00 MINUTES, 00 SECONDS EAST OF
THE PURPOSE OF THIS DESCRIPTION, THE FOLLOWING DESCRIBED ALSO
LYING BETWEEN HORIZONTAL PLANES WHICH ARE 50.98 FEET
RESPECTIVELY ABOVE EVANSTON CITY DATUM ALONG LINE "C", AND
SAID LINE "C" HEREINAFTER DESCRIBED AND LYING BETWEEN
HORIZONTAL PLANES 50.92 FEET AND 59.58 FEET RESPECTIVELY ABOVE
EVANSTON CITY DATUM ALONG LINE "D", AND LINE "D" HEREINAFTER
DESCRIBED; ALSO LYING BETWEEN HORIZONTAL PLANES 51.12 FEET AND
59.79 FEET RESPECTIVELY ABOVE EVANSTON CITY DATUM ALONG LINE
"E", AND LINE "E" HEREINAFTER DESCRIBED ALSO LYING BETWEEN
HORIZONTAL PLANES 54.77 FEET AND 63.44 FEET RESPECTIVELY ABOVE
EVANSTON CITY DATUM ALONG LINE "F", AND LINE "F" HEREINAFTER
DESCRIBED:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1 IN SAID
CITY OF EVANSTON' S CONSOLIDATION, SAID SOUTHWESTERLY CORNER
ALSO BEING THE NORTHEASERLY CORNER OF SAID CHURCH STREET AND
CHICAGO AVENUE; THENCE NORTH 00 DEGREES, 00 MINUTES, 00 SECONDS
EAST ALONG THE WESTERLY LINE OF SAID LOT I AND THE EASERLY LINE
OF SAID CHICAGO AVENUE 89.34 FEET; THENCE NORTH 90 DEGREES, 00
MINUTES, 00 SECONDS, EAST ALONG LINE "A" AFOESAID 43.31 FEE TO THE
PLACE OF BEGINNING, AS SAID PLACE OF BEGINNING SAID LINE "A"
HAVING A LOWER ELEVATION OF 50.98 FEET AND AN UPPER ELEVATION
OF 59.65 FEET RESPECTIVELY ABOVE EVANSTON CITY DATUM; THENCE
NORTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST LONG AN INCLINE
PLANE 9.25 FEET TO A POINT ON SAID LINE "B", SAID LINE "B" HAVING
LOWER ELEVATION OF 50.80 FEET AND AN UPPER ELEVATION OF 59.47
FEET AND AN UPPER ELEVATION OF 63.44 FEET RESPECTIVELY ABOVE
EVANSTON CITY DATUM; THENCE NORTH 90 DEGRES, 00 MINUTES, 00
SECONDS EAST ALONG SAID LINE "F", SAID LINE "F" HAVING A LOWER
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ELEVATION OF 54.77 FEET AND AN UPPER ELEVATION OF 63.44 FEET
RESPECTIVELY ABOVE EVANSTON CITY ELEVATION OF 54.77 FEET AND AN
UPPER ELEVATION 63.44 FEET RESPECTIVELY ABOVE EVANSTON CITY
DATUM FOR A DISTANCE OF 52.75 FEET; THENCE SOUTH 00 DEGREES, 00
MINUTES, 00 SECONDS EAST ALONG AN INCLINE PLANE 194.66 FEET TO A
POINT ON SAID LINE "C", SAID LINE "C" HAVING A LOWER ELEVATION OF
50.81 FEET AND AN UPPER ELEVATION OF 59.48 FEET RESPECTIVELY
ABOVE EVANSTON CITY DATUM; THENCE NORTH 60 DEGREES, 00
MINUTES, 00 SECONDS WEST ALONG AN INCLINE PLANE 30.57 FEET TO A
POINT ON SAID LINE "E", SAID LINE "E" HAVING A LOWER ELEVATION OF
51.12 FEET AND AN UPPER ELEVATION OF 59.79 FEET RESPECTIVELY
ABOVE EVANSTON CITY DATUM; THENCE SOUTH 00 DEGREES, 00
MINUTES, 00 SECONDS WEST ALONG AN INCLINE PLAN 11.84 FEET TO A
POINT ON SAID LINE "B", SAID LINE "B" HAVING A LOWER ELEVATION OF
50.80 FEET AND AN UPPER ELEVATION OF 59.47 FEET RESPECTIVELY
ABOVE EVANSTON CITY DATUM; THENCE CONTINUING SOUTH 60
DEGREES 00 MINUES 00 SECONDS WEST ALONG AN INCLINE PLANE 18.51
FEET TO THE PLACE OF BEGINNING, SAID PLACE OF BEGINNING BEING ON
SAID LINE "A"; SAID LINE "A": HAVING A LOWER ELEVATION 50.98 FEET
AND AN UPPER ELEVATION OF 59.65 FEET RESPECTIVELY, ABOVE
EVANSTON CITY DATUM AS AFORESAID, IN COOK COUNTY, ILLINOIS.
PARCEL 6: GARAGE LEVEL 5
THE PROPERTY SPACE AND A PORTION OF A MULTI -STORY BIDING AT THE
NORTHEASTERLY CORNER OF CHURCH STREET AND CHICAGO AVENUE,
EVANSTON, ILLINOIS AND KNOWN AS CHURCH STREET PLAZA LYING THE
BOUNDARIES PROJECTED VERTICALLY UPWARD FROM THE SURFACE OF
THE EARTH OF THAT PART OF LOT 1 IN THE CITY OF EVANSTON'S
CONSOLIDATION OF ALL THAT PART OF LOT 1 IN PLAT OF
CONSOLIDATION OF THE SOUTH 12.00 FEET OF LOT 3 AND ALL OF LOTS 4, 5,
6, 7, 8, 9, AND 10 TOGETHER WITH ALL THAT PART OF LOT 2 AND LOT 3
(EXCEPT THE SOUTH 12.0 FEET THEREOF) ALL IN BLOCK 14 IN EVANSTON,
IN THE EAST HALF OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST
OF THE THIRD PRINCIPAL MERIDIAN, THE EASTERLY LINE OF SAID
CHICAGO AVENUE BEARING NORTH 0 DEGREES, 00 MINUTES, 00 SECONDS
EAST OF THE PURPOSE OF THIS DESCRIPTION, THE FOLLOWING
DESCRIBED PROPERTY, SPACE AND BUILDING PORTION THEREOF LYING
ABOVE EVANSTON CITY DATUM AS HEREINAFTER DESCRIBED WITH EACH
COURSE AND DISTANCE AND WHICH LIES BELOW A HORIZONTAL PLANE
75.48 FEET ABOVE EVANSTON CITY DATUM, SAID PARCEL 6 BEING
COMPRISED OF 4 SUB -PARCELS, ALL OF WHICH LIE ABOVE AND BELOW
EVANSTON CITY DATUM AS HERETOFORE MENTIONED, AND ARE
LOCATED AND DESCRIBED AS FOLLOWS:
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SUB -PARCEL A OF PARCEL 6:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1 IN SAID
CITY OF EVANSTON'S CONSLIDATION, SAID SOUTHWESTERLY CORNER
ALSO BEING THE NORTHWESTERLY CORNER OF SAID CHURCH STREET
AND CHICAGO AVENUE; THENCE NORTH 00 DEGREES, 00 MINUES, 00
SECONDS EAST ALONG THE WESTERLY LINE OF SAID LOT 1 AND THE
EASERLY LINE OF SAID CHICAGO AVENUE 42.29 FEET; THENCE NORTH 90
DEGREES, 00 MINUTES, 00 SECONDS WEST ALONG A HORIZONTAL PLANE
2.64 FEET, SAID HORIZONTAL PLANE HAVING A CONSTANT ELEVATION OF
60.35 FEET ABOVE EVANSTON CITY DATUM; THENCE NORTH 00 DEGREES
00 MINUTES, 00 SECONDS EAST ALONG AN INCLINE PLANE 49.17 FEET TO A
POINT, SAID POINT HAVING AN ELEVATION OF 59.41 FEET ABOVE
EVANSTON CITY DATUM; THENCE CONTINUING NORTH 00 DEGREES, 00
MINUTES, 00 SECONDS EAST ALONG AN INCLINE PLANE 195.12 FEET TO A
POINT, SAID POINT HAVING AN ELEVATION OF 63.44 FEET ABOVE
EVANSTON CITY DATUM; THENCE NORTH 90 DEGREES, 00 MINUTES, 00
SECONDS EAST ALONG A HORIZONTAL PLANE 52.75 FEET, SAID
HORIZONTAL PLANE HAVING A CONSTANT ELEVATION OF 63.44 FEET
ABOVE EVANSTON CITY DATUM; THENCE SOUTH 00 DEGREES, 00
MINUTES, 00 SECONDS EAST ALONG AN INCLINE PLANE 195.12 FEET TO A
POINT, SAID POINT HAVING AN ELEVATION OF 59.41 FEET ABOVE
EVANSTON CITY DATUM; THENCE CONTINUING SOUTH 00 DEGREES, 00
MINUTES, 00 SECONDS EAST ALONG AN INCLINE PLANE 56.30 FEET TO A
POINT, SAID POINT HAVING AN ELEVATION OF 60.51 FEET ABOVE
EVANSTON CITY DATUM; THENCE SOUTH 90 DEGREES, 00 MINUTES, 00
SECONDS WEST ALONG A HORIZONTAL PLANE 50.00 FEET TO THE PLACE
OF BEGINNING, SAID HORIZONTAL PLANE HAVING A CONSTANT
ELEVATION OF 60.51 FEET ABOVE EVANSTON CITY DATUM, IN COOK
COUNTY, ILLINOIS.
SUB -PARCEL B OF PARCEL 6:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1 IN SAID
CITY OF EVANSTON'S CONSOLIDATION, SAID SOUTHWESTERLY CORNER
ALSO BEING THE NORTHWESTERLY CORNER OF SAID CHURCH STREET
AND CHICAGO AVENUE; THENCE NORTH 00 DEGREES, 00 MINUTES, 00
SECONDS EAST ALONG THE WESTERLY LINE OF SAID LOT 1 AND THE
EASERLY LINE OF SAID CHICAGO AVENUE, 42.29 FEET; HENCE NORTH 90
DEGREES, 00 MINUES, 00 SECONDS EAST 96.06 FEET TO THE PLACE OF
BEGINNING, SAID PLACE OF BEGINNING HAVING AN ELEVATION OF 60.51
FEET ABOVE EVANSTON CITY DATUM; THENCE NORTH 00 DEGREES, 00
MINUTES, 00 SECONDS EAST ALONG AN INCLINE PLANE 244.02 FEET TO A
POINT, SAID POINT HAVING AN ELEVATION OF 55.28 FEET ABOVE
EVANSTON CITY DATUM; THENCE NORTH 60 DEGREES, 00 MINUES, 00
SECONDS ALONG AN INCLINE PLANE 24.79 FEET TO A POINT, SAID POINT
HAVING AN ELEVATION OF 55.02 FEET ABOVE EVANSTON CITY DATUM;
15
THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG A
HORIZONTAL PLANE 10.0 FEET, SAID HORIZONTAL PLANE HAVING A
CONSTANT ELEVATION OF 55.02 FEET ABOVE EVANSTON CITY DATUM;
THENCE SOUTH 60 DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG AN
INCLINE PLANE 24.79 FEET TO A POINT, SAID POINT HAVING AN
ELEVATION OF 55.28 FEET ABOVE EVANSTON CITY DATUM; THENCE
SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG AN INCLINE
PLANE 224.60 FEET TO A POINT, SAID POINT HAVING AN ELEVATION OF
60.14 FEET ABOVE EVANSTON CITY DATUM; THENCE SOUTH 90 DEGREES,
00 MINUTES, 00 SECONDS WEST 17.34 FEET ALONG A HORIZONTAL PLANE
HAVING A CONSTANT ELEVATION OF 60.14 FEET ABOVE EVANSTON CITY
DATUM; THENCE SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST
ALONG AN INCLINE PLANE 19.42 FEET TO A POINT, SAID POINT HAVING AN
ELEVATION OF 60.64 FEET ABOVE EVANSTON CITY DATUM; THENCE
SOUTH 90 DEGREES, 00 MINUTES, 00 SECONDS WEST ALONG A
HORIZONTAL PLANE 35.64 FEET TO THE PLACE OF BEGINNING, SAID
HORIZONTAL PLANE HAVING AN ELEVATION OF 60.64 FEET ABOVE
EVANSTON CITY DATUM IN COOK COUNTY, ILLINOIS.
SUB -PARCEL C OF PARCEL 6:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1 IN SAID
CITY OF EVANSTON' S CONSOLIDATION, SAID SOUTHWESTERLY CORNER
ALSO BEING THE NORTHWESTERLY CORNER OF SAID CHURCH STREET
AND CHICAGO AVENUE; THENCE NORTH 00 DEGREES, 00 MINUES, 00
SECONDS EAST ALONG THE WESTERLY LINE OF SAID CHICAGO AVENUE
293.71 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST
43.31 FEET TO THE PLACE OF BEGINNING, SAID PLACE OF BEGINNING
HAVING AN ELEVATION OF 54.77 FEET ABOVE EVANSTON CITY DATUM;
THENCE NORTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG AN
INCLINE PLANE 244.31 FEET TO A POINT, SAID POINT HAVING AN
ELEVATION OF 60.37 FEET ABOVE EVANSTON CITY DATUM; THENCE
NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG A
HORIZONTAL PLANE 2.64 FEET, SAID HORIZONTAL PLANE HAVING A
CONSTANT ELEVATION OF 60.37 FEET ABOVE EVANSTON CITY DATUM;
THENCE NORTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG AN
INCLINE PLANE 7.11 FEET TO A POINT, SAID POINT HAVING AN ELEVATION
OF 60.62 FEET ABOVE EVANSTON CITY DATUM; THENCE NORTH 90
DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG A HORIZONTAL PLANE
50.11 FEET, SAID HORIZONTAL PLANE HAVING A CONSTANT ELEVATION
OF 60.62 FEET ABOVE EVANSTON CITY DATUM; THENCE SOUTH 00
DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG AN INCLINE PLANE 251.42
FEET TO A POINT, SAID POINT HAVING AN ELEVATION OF 54.77 FEET
ABOVE EVANSTON CITY DATUM; THENCE SOUTH 90 DEGREES, 00
MINUTES, 00 SECONDS WEST ALONG A HORIZONTAL PLANE 52.75 FEET TO
THE PLACE OF BEGINNING, SAID HORIZONTAL PLANE HAVING A
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CONSTANT ELEVATION OF 54.77 FEET ABOVE EVANSTON CITY DATUM, IN
COOK COUNTY, ILLINOIS.
SUB -PARCEL D OF PARCEL 6:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1 IN SAID
CITY OF EVANSTON' S CONSOLIDATION, SAID SOUTHWESTERLY CORNER
ALSO BEING THE NORTHEASTERLY CORNER OF SAID CHURCH STREET
AND CHICAGO AVENUE; THENCE NORTH 00 DEGREES, 00 MINUTES, 00
SECONDS EAST ALONG THE WESTERLY LINE OF SAID LOT 1 AND THE
EASTERLY LINE OF SAID CHICAGO AVENUE 286.31 FEET; THENCE NORTH 90
DEGREES, 00 MINUTES, 00 SECONDS EAST 96.06 FEET TO THE PLACE OF
BEGINNING, SAID PLACE OF BEGINNING HAVING AN ELEVATION OF 63.95
FEET ABOVE EVANSTON CITY DATUM; THENCE NORTH 00 DEGREES, 00
MINUTES, 00 SECONDS EAST ALONG AN INCLINE PLACE 202.52 FEET TO A
POINT, SAID POINT HAVING AN ELEVATION OF 59.50 FEET ABOVE
EVANSTON CITY DATUM; THENCE CONTINUING NORTH 00 DEGREES, 00
MINUTES, 00 SECONDS EAST ALONG AN INCLINE PLANE 56.30 FEET TO A
POINT, SAID POINT HAVING AN ELEVATION OF 60.62 FEET ABOVE
EVANSTON CITY DATUM; THENCE NORTH 90 DEGREES, 00 MINUTES, 00
SECONDS EAST ALONG A HORIZONTAL PLANE 35.64 FEET ABOVE
EVANSTON CITY DATUM; THENCE NORTH 90 DEGREES, 00 MINUTES, 00
SECONDS EAST ALONG A HORIZONTAL PLANE 35.64 FEET, SAID
HORIZONTAL PLANE HAVING A CONSTANT ELEVATION OF 60.62 FEET
ABOVE EVANSTON CITY DATUM; THENCE SOUTH 00 DEGREES, 00
MINUTES, 00 SECONDS EAST ALONG AN INCLINE PLANE 19.42 FEET TO A
POINT HAVING AN ELEVATION OF 60.23 FEET ABOVE EVANSTON CITY
DATUM; THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST
ALONG A HORIZONTAL PLANE 17.34 FEET, SAID HORIZONTAL PLANE
HAVING A CONSTANT ELEVATION OF 60.23 FEET ABOVE EVANSTON CITY
DATUM, THENCE SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST
ALONG AN INCLINE PLANE 36.88 FEET TO A POINT, SAID POINT HAVING AN
ELEVATION OF 59.50 FEET ABOVE EVANSTON CITY DATUM; THENCE
CONTINUING SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG
AN INCLINE PLANE 202.50 FEET TO A POINT, SAID POINT HAVING AN
ELEVATION OF 63.95 FEET ABOVE EVANSTON CITY DATUM; THENCE
NORTH 60 DEGREES, 00 MINUES, 00 SECONDS WEST ALONG AN INCLINE
PLANE 24.79 FEET TO A POINT, SAID POINT HAVING AN ELEVATION OF 63.96
FEET ABOVE EVANSTON CITY DATUM; THENCE NORTH 90 DEGREES, 00
MINUTES, 00 SECONDS WEST ALONG A HORIZONTAL PLANE 10.0 FEET,
SAID HORIZONTAL PLANE HAVING A CONSTANT ELEVATION OF 63.96 FEET
ABOVE EVANSTON CITY DATUM; THENCE SOUTH 60 DEGREES, 00
MINUTES, 00 SECONDS WEST ALONG AN INCLINE PLANE 24.79 FEET TO THE
PLACE OF BEGINNING, SAID PLACE OF BEGINNING HAVING AN ELEVATION
OF 63.95 FEET ABOVE EVANSTON CITY DATUM IN COOK COUNTY,
ILLINOIS.
17
PINS: 11-18-400-028-0000; 11-18-400-032-0000; 11-18-400-023-0000; 11-18-400-024-
0000; 11-18-400-025-0000; 11-18-400-022-0000; 11-18-400-026-0000; 11-18-400-030-
0000
ADDRESS: 525 WEST CHURCH STREET, EVANSTON, ILLINOIS
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