HomeMy WebLinkAbout068-R-20 Authorizing the City Manager to Enter Into a Lease Agreement with the United States Postal Service for Parking in the City Parking Garage Located at 1800 Maple Avenue7/28/20
68-R-20
A RESOLUTION
Authorizing the City Manager to Enter Into a Lease Agreement
with the United States Postal Service for Parking in the City Parking
Garage Located at 1800 Maple Avenue
WHEREAS, the City of Evanston ("City") owns a parking garage located at
1800 Maple Avenue; and
WHEREAS, the City currently leases 54 parking spaces to the United
States Postal Service ("USPS") at 1800 Maple Avenue and the lease will expire on
October 31, 2020; and
WHEREAS, the USPS wishes to continue leasing 54 parking spaces
through October 31, 2025 with the possibility of two 5-year extensions; and
WHEREAS, the City Council of the City of Evanston has determined that
the best interests of the City would be served by the continued leasing of said parking
to, and executing of leases with, the USPS; and
WHEREAS, pursuant to Section 1-17-4-1 of the Evanston City Code of 2012,
as amended, the City Council may authorize by resolution leases of parking,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT:
SECTION 1: The City Manager is hereby authorized and directed to sign,
and the City Clerk hereby authorized and directed to attest on behalf of the City, a lease
between the City and the USPS for parking in the City Parking Garage, 1800 Maple
Avenue, attached hereto as Exhibit A and incorporated herein by reference.
SECTION 2: The City Manager is hereby authorized and directed to
negotiate any additional terms and conditions of said leases as they may determine to
be in the best interests of the City.
SECTION 3: This Resolution shall be in full force and effect from and
after its adoption.
Attest:
C�
Devon Reid, City Clerk
Adopted: August loth , 2020
�~ ��
Stephen H. Hagerty, Mayor
Approved to form:
Kelley A. Gandurski, Corporation Counsel
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EXHIBIT A
USPS Lease Agreement for parking in the
City Parking Garage —1800 Maple Avenue
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UNITED ATE
POSTAL ERVICE.M.,
Ground Lease
EVANSTON - CITY PARKING GARAGE (16.2622-003)
1800 Maple Street, EVANSTON, IL 6020.1-9998
y t
UNITED STATES
JM POSTAL SERVICE. Ground L@1S@
Facility Name/Location
EVANSTON - CITY PARKING GARAGE (162622-003) County: Cook
1800 Maple Street, EVANSTON, IL 60201-9998 Lease: Q00000578910
This Lease made and entered into by and between CITY OF EVANSTON hereinafter called the Landlord, and the
United States Postal Service, hereinafter called the Postal Service:
In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which
is hereby acknowledged, the parties covenant and agree as follows:
1. The Landlord hereby leases to the Postal Service and the Postal Service.leases from' the Landlord the following
premises, hereinafter legally described in paragraph 7, in accordance with the' terms and conditions described herein
and contained in the 'General Conditions to USPS Ground Lease,' attached hereto and made a part hereof:
54 dedicated USPS parking spaces for postal vehicles (44 spaces on the 1 st floor and 10 spaces on the 5th floor of the
parking garage).
Total Site Area: 16,200.00 Sq. Ft.
<< r
2. RENTAL: The Postal Service will pay the Landlord an annual, rental of: $! 1.0;352.00( One Hundred Ten Thousand
Three Hundred Fifty Two And 00 /100 Dollars )payable in equal.installments'at'the end of each calendar month. Rent
for a part of a month will be prorated.
Rent checks shall be payable to:
CITY OF EVANSTON
ATTN: RICKEY A VOSS
PKG MGR, DIV OF TRANS, PUBLIC WORKS
2100 RIDGE AVE
EVANSTON, IL 60201-2798
3. TO HAVE AND TO HOLD the said premises with their appurtenances for the following term:
FIXED TERM: The term becomes effective November 01, 2020 with an expiration date of October 31, 2025, for a total
of 5 Years.
February 2004 0
UNITED STATES
J POSTAL SERVICE.
Ground Lease
4 RENEWAL OPTIONS: The Lease may be renewed at the option of the Postal Service, for the following separate and
consecutive terms and at the following annual rentals:
EFFECTIVE DATE EXPIRATION DATE PER ANNUM RENTAL
11 /01 /2025 10/31 /2030 $121, 388.00
11 /01 /2030 10/31 /2035 $133, 525.00
provided that notice is sent, in writing, to the Landlord at least 30 days before the end of the original lease term and
each renewal term. All other terms and conditions of this Lease will remain the same during any renewal term unless
stated otherwise herein.
5. TERMINATION:
None, except as specified elsewhere in this Lease.
6. OTHER PROVISIONS: The following additional provisions, modifications, riders, layouts, and/or forms were agreed
upon prior to execution and made a part hereof:
Landlord shall be responsible for maintenance of the demised premises.,
7. LEGAL DESCRIPTION:
Maple Avenue parking garage located at 1800 Maple Avenue, Evanston,-. IL, 60201, Cook County, Illinois.
February 2004
UNITED STATES
AMM POSTAL SERVICE,
Facility Name/Location
EVANSTON - CITY PARKING GARAGE (162622-003)
1800 Maple Street, EVANSTON, IL 60201-9998
Addendum
County: Cook
Lease: Q00000578910
This Lease may be executed in counterparts, which together shall constitute a single instrument. The parties
agree that if the signature(s) of either Landlord or the Postal Service on this Lease or any amendments,
addendums, assignments, or other records associated with this Lease is not an original but is an electronic
signature, scanned signature or a digitally encrypted signature, then such electronic signature, scanned
signature or digitally encrypted signature shall be as enforceable, valid and binding as, and the legal
equivalent to, an authentic original wet signature penned manually by its signatory. Signatures required
under this Lease, or any amendments, addendums, assignments, or other records associated therewith, may be
transmitted by email or by fax and, once received by the party.to whom such,. signatures were transmitted,
shall be binding on the party transmitting its signatures as though they were:`an original signature of such
party.
June 2020
UNI TED ST13TES
P-Ed-W POSTAL SERVICE. Ground Lease
EXECUTED BY LANDLORD this day of
GOVERNMENTAL ENTITY
By executing this Lease, Landlord certifies that Landlord is not a USPS employee or contract employee (or an immediate family member of either), or
a business organization substantially owned or controlled by a USPS employee or contract employee (or an immediate family member of either).
Name of Governmental Entity: CITY OF EVANSTON
Name + Title: Michael Rivera, Parking Name + Title:
Name + Title: Name + Title:
Landlord's Address: ATTN RICKEY A VOSS PKG MGR DIV OF TRANS PUBLIC WORKS 2100 RIDGE
EVANSTON, IL 60201-2798 _
Landlord's Telephone Number(s):
Federal Tax Identification No.: XX-XXX5870
Witness
Witness
a. Where the Landlord is a governmental entity or other municipal entity, the Lease must be accompanied by documentary evidence affirming the
authority of the signatory(ies) to execute the Lease to bind the governmental entity or municipal entity for which he (or they) purports to act.
b. Any notice to Landlord provided under this Lease or under any law or regulation must be in writing and submitted to Landlord at the address
specified above, or at an address that Landlord has otherwise appropriately directed in writing. Any notice to the Postal Service provided under
this Lease or under any law or regulation must be in writing and submitted to "Contracting Officer, U.S. Postal Service" at the address specified
below, or at an address that the Postal Service has otherwise directed in writing.
ACCEPTANCE BY THE POSTAL SERVICE
Date:
Paul S Frye
Contracting Officer Signature of Contracting Officer
FACILITIES REAL ESTATE PO Box 27497, GREENSBORO, NC 27498-1103..
Address of Contracting Officer
Signature Page Grdlease Gvt. Entity (April 2009) 2
UNITED ST13TES
POSTAL SERVICE
1. CHOICE OF LAW
This Lease shall be governed by federal law.
2. RECORDING
Not Required
3. MORTGAGEE'S AGREEMENT
General Conditions to USPS Ground Lease
If there is now or will be a mortgage on the property which is or will be recorded prior to the recording of the Lease, the Landlord must notify the
contracting officer of the facts concerning such mortgage and, unless in his sole discretion the contracting officer waives the requirement, the Landlord
must furnish a Mortgagee's Agreement, which will consent to this Lease and shall provide that, in the event of foreclosure, mortgagee, successors,
and assigns shall cause such foreclosures to be subject to the Lease.
4. ASSIGNMENTS
a. The terms and provisions of this Lease and the conditions herein are binding on the Lan lord ,and the Postal Service, and all heirs, executors,
administrators, successors, and assigns."Y"' `
b. If this contract provides for payments aggregating $10,OOC or more, claims for monies due or to become due from the Postal Service under it may
be assigned to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and
reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party,
except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this contract.
No assignment or reassignment will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or
reassignment, together with a true copy of the instrument of assignment, is filed with:
1. the contracting officer; and
2. the surety or sureties upon any bond. ,:
c. Assignment of this contract or any interest in this contract other than in accordance with the provisions of this clause will be grounds for termination
of the contract for default at the option of the Postal Service.
Nothing contained herein shall be construed so as to proh bit transfer of ownership of the demist d; premises, provided that:
1. such transfer is subject to this Lease agreement;
2. both the original Landlord and the successor Landlord execute the standard Certificate of.Transfer of Title to Leased Property and Lease
Assignment and Assumption form to be provided by the USPS Contracting Officer.
5. APPLICABLE CODES AND ORDINANCES
The Landlord, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership and operation of the
parcel on which the premises are situated and to obtain all necessary permits and related items at no cost to the Postal Service. When the Postal
Service or one of its contractors (other than the Landlord) is performing work 'at the premises;'�tle Postal Service will be responsible for obtaining all
necessary and applicable permits, related items, and associated costs.
6. SUBLEASE
The Postal Service may sublet all or any part of the premises or assign this lease but shall not -be relieved from any obligation under this lease by
reason of any subletting or assignment.
7. ALTERATIONS
The Postal Service shall have the right to make alterations, attach fixtures and erect additions,; structures or signs in or upon the premises hereby
leased (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on
the property on which said premises are located); which fixtures, additions or structures so placed in, upon or attached to the said premises shall be
and remain the property of the Postal Service and may be removed or otherwise disposed of by;the. Postal Service.
8. CLAIMS AND DISPUTES
a. This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613) ("the Act"). ,
b. Except as provided in the Act, all disputes arising under or relating to this contract must be resolved under this clause
c. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the
payment of money in a sum certain, the adjustment or interpretation of contract terms, or;other relief arising.under or relating to this contract.
However, a written demand or written assertion by the Landlord seeking the payment of money:exceeding $100,000 is not a claim under the Act until
certified as required by subparagraph d below. A voucher, invoice, or other routine request fot'poyment that is not in dispute when submitted is not a
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UNITEDSTATES General Conditions to USPS Ground Lease
POSTAL SERVICE
claim under the Act. The submission may be converted to a claim under the Act by complying'with the submission and certification requirements of
this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time:
d. A claim by the Landlord must be made in writing and submitted to the contracting officer for' a written decision. A claim by the Postal Service
against the Landlord is subject to a written decision by the contracting officer. For Landlord claims exceeding $100,000, the Landlord must submit
with the claim the following certification:
"I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that
the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable, and that I am
duly authorized to certify the claim on behalf of the Landlord."
The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim.
e. For Landlord claims of $100,000 or less, the contracting officer must, if requested in writing by the Landlord, render a decision within 60 days of the
request. For Landlord -certified claims over $100,000, the contracting officer must, within 60 days; decide the claim or notify the Landlord of the date
by which the decision will be made.
f. The contracting officer's decision is final unless the Landlord appeals or files a suit as provided: in,the Act.
g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an alternative dispute resolution (ADR)
process to assist in resolving the claim. A certification as described in subparagraph d of this clause must be provided for any claim, regardless of
dollar amount, before ADR is used.
h. The Postal Service will pay interest on the amount found due and unpaid from:
1. the date the contracting officer receives the claim (properly certified if required); or
2. the date payment otherwise would be due, if that date is later, until the date of payment.
i, Simple interest on claims will be paid at a rate determined in accordance with the Act.
j. The Landlord must proceed diligently with performance of this contract, pending final resolution"of any request for relief, claim, appeal, or action
arising under the contract, and comply with any decision of the contracting officer.
9. HAZARDOUSITOXIC CONDITIONS CLAUSE
"Asbestos containing building material" (ACBM) means any material containing more than 1 % asbestos as determined by using the method specified
in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any ACBM that'w,hen dry, can be crumbled, pulverized, or reduced to
powder by hand pressure.
The Landlord must identify and disclose the presence, location and quantity of all ACBM or presumed asbestos containing material (PACM) which
includes all thermal system insulation, sprayed on and troweled on surfacing materials, and asIJKEilt and.vinyl flooring material unless such material
has been tested and identified as non-ACBM. The Landlord agrees to disclose any information concerning the presence of lead -based paint, radon
above 4 pCi/L, and lead piping or solder in drinking water systems in the building, to the Postal Service. '
Sites cannot have any contaminated soil or water above applicable federal, state or local action •levels or undisclosed underground storage tanks.
Unless due to the act or negligence of the Postal Service, if contaminated soil, water, underground storage tanks or piping or friable asbestos material
or any other hazardous/toxic materials or substances as defined by applicable Local, State or. Federal law are subsequently identified on the
premises, the Landlord agrees to remove such materials or substances upon notification by"the U. S. Postal Service at Landlord's sole cost and
expense in accordance with EPA and/or State guidelines. If ACBM is subsequently found which reasonably should have been determined, identified,
or known to the Landlord, the Landlord agrees to conduct, at Landlord's sole expense, an asbestos•survey pursuant to the standards of the Asbestos
Hazard Emergency Response Act (AHERA), establish an Operations and Maintenance (O&M) plan for asbestos management, and provide the survey
report and plan to the Postal Service. If the Landlord fails to remove any friable asbestos or hazardous/toxic materials or substances, or fails to
complete an AHERA asbestos survey and O&M plan, the Postal Service has the right to accomplish the work and deduct the cost plus administrative
costs, from future rent payments or recover these costs from Landlord by other means, or may,, at, its sole option, cancel this Lease. In addition, the
Postal Service may proportionally abate the rent for any period the premises, or any part thereof; are determined by the Postal Service to have been
rendered unavailable to it by reason of such condition.
The Landlord hereby indemnifies and holds harmless the Postal Service and its officers, agents•,'representatives, and employees from all claims, loss,
damage, actions, causes of action, expense, fees and/or liability resulting from, brought for, or on. account of any violation of this clause.
The remainder of this clause applies if this Lease is for premises not previously occupied by the Postal Service.
By execution of this Lease the Landlord certifies:
a. the property and improvements are free of all contamination from petroleum products or any, j azardous/toxic or unhealthy materials or
substances, including friable asbestos materials, as defined by applicable State or Federal law;.,-,,
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UNITEDSTATES General Conditions to USPS Ground Lease
POSTAL SERVICE
b. there are no undisclosed underground storage tanks or associated piping, ACBM, radon, lead-'tiased paint, or lead piping or solder in drinking
water systems, on the property; and
c. it has not received, nor is it aware of, any notification or other communication from any governmental or regulatory entity concerning any
environmental condition, or violation or potential violation of any local, state, or federal environmenfal':statute or regulation, existing at or adjacent to
the property.
10. FACILITIES NONDISCRIMINATION
a. By executing this Lease, the Landlord certifies that it does not and will not maintain or provide,; for its employees any segregated facilities at any of
its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated
facilities are maintained.
b. The Landlord will insert this clause in all contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules, regulations,
or orders issued under Executive Order 11246.
11. CLAUSES REQUIRED TO IMPLEMENT POLICIES, STATUTES, OR EXECUTIVE ORDERS
The following clauses are incorporated in this Lease by reference. The text of incorporated terms may found in the Postal Service's Supplying
Principles and Practices, accessible at www.usos.com/publications.
Clause 1-1, Privacy Protection (July 2007)
Clause 1-5, Gratuities or Gifts (March 2006)
Clause 1-6, Contingent Fees (March 2006)
Clause 4-2, Contract Terms and Conditions Required to Implement Policies, Statues or Executive Orders (July 2009)
Clause 9-3, Davis -Bacon Act (March 2006)'
Clause 9-7, Equal Opportunity (March 2006)2
Clause 9-13, Affirmative Action for Handicapped Workers (March 2006)3 ,
Clause 9-14, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (M5rth'2006)°
Clause B-25, Advertising of Contract Awards (March 2006)
Note: For purposes of applying the above standard clauses to this Lease, the terms "supplier," "contractor," and "lessor" are synonymous with
"Landlord," and the term "contract" is synonymous with "Lease."
S.�
' For premises with net interior space in excess of 6,500 SF and involving construction work over $2,000.
2 For leases aggregating payments of $10,000 or more.
3 For leases aggregating payments of $10,000 or more.
` For leases aggregating payments of $25,000 or more.
groundgc (Oct 2009)
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Facility Name: EVANSTON-CITY PARKING GARAGE
Fin/Sub No: 162622-003
Address: 1800 Maple Street
City, ST, ZIP: EVANSTON, IL 60201-9998
Real Estate Conflict of Interest Certification
To avoid actual or apparent conflicts of interest, the United States Postal Service ("Postal Service")
requires the following certification from you as a potential Land lord7S.upplier/Contractor to the Postal
Service. Please check all that apply in item A below. Further, please understand that the Postal Service
will be relying on the accuracy of the statements made by you in this certification in determining whether
to proceed with any possible transaction with you.
I, hereby certify to the Postal Service as follows:
[PRINT: name of potential Landlord/Supplier/Contractor)
A. (Check all that apply) I am:
(i) A Postal Service employee;
(ii) The spouse of a Postal Service employee;
(iii) A family member of a Postal Service employee; (Relationship)
(iv) An individual residing in the same household as a Postal Service employee;
(v) I am one of the individuals listed in (i) through (iv) above AND a controlling shareholder
or owner of a business organization leasing space or intending to lease space to the Postal
Service; OR
(vi) None of the above.
B. (Complete as applicable):
i. I have the following job with the Postal Service(Title)
(Location)
ii. My Spouse who works for the Postal Service holds the following job:
(Title) (Location)
iii. My family member who works for the Postal Service holds the following job:
(Title) (Location)
iv. My household member who works for the Postal Service holds the following job:
(Title) (Location)
C. If you have checked "none of the above" and during the leas,e;te.rm or any renewal term, you do
fall into any of the categories listed in A (i) through (v) above,,.,y..ou, shall notify the Postal Service
Contracting Officer in writing within 30 days of the date you -fall. into any of the such categories
and shall include an explanation of which of the above categories now applies.
D. The person signing this certification hasfull power of authority to bind the potential Landlord/
Supplier/Contractor named above.
Executed this day. of , 20_ by
BY:
[Insert Signature]
BY:
[PRINT: name of entity or person] %
Title:
[Insert title]
Effective March 1, 2014 Appendix A` Conflict of Interest Certification
AFFIDAVIT VERIFYING
CORPORATE SIGNING AUTHORITY
I, do swear or affirm, under penalty of perjury that:
1. I am a Corporate Officer, Partner or Owner of the
Corporation named in the Lease signed with the U.S. Postal Service.
2. I am authorized to legally bind the Corporation and to execute'idocuments on behalf of the
Corporation without affixing a corporate seal.
This Affidavit is signed as of this day of
20_.
[CITfY,OF EVANSTON]
Affiat! !'s, Signature
Printed Name
ACKNOWLEDGEMENT
STATE OF )
ss.
COUNTY OF )
On this day of , 20_, before me, the undersigned Notary Public, personally
appeared , known to me (or satisfactorily proven) to be the person(s)
whose name is subscribed to the foregoing instrument, and acknowledged tQ me that s/he executed the same
as his/her voluntary act, for the purposes and consideration therein expressed.
IN TESTIMONY WHEREOF, I have hereunto set me hand and affixed my seal in said State and
County on the day and year set forth above.
(SEAL)
(Signature of Notary)
My Commission Expires:
f
COMMISSIONAGREEMENT
July 24, 2020
This Agreement, made as of the last date written below, is between City of Evanston - City Manager's Office ("Lessor"),
and Jones Lanq LaSalle Americas (Illinois), L.P. ("Broker") as co -broker to Jones Lanq LaSalle Americas, Inc.
("Agreement"), and confirms the terms under which Lessor will pay a real estate brokerage commission to Broker for the
lease ("Lease") between Lessor and the United States Postal Service ("Tenantf'), of that certain real property described as:
Evanston City Parking Garage, 1800 Maple Street, Evanston, IL
USPS Property ID 162622-003
1. Lessor will pay Broker, and Broker will accept as its full and only compensation for services rendered in connection
with the Lease, an agreed upon rate that is in accordance with local business practices. The Lessor and Broker have
agreed upon a commission equal to:
Annual Rent Total Rent Commission Rate Amount Due
$110,31r- $551,760.00 4%:.. ;: $22,070.40
2. The commission will be earned 100% upon full execution of the Lease' and will be paid within thirty-(30) days of
execution without further condition or contingency. To be paid in full on or by April 30, 2021
3. The Aggregate Lease Value will include the initial rental to be paid by Tenant on all space leased by the Tenant and
any fixed annual or other periodic bumps and/or fixed annual other periodic rent escalations occurring during the initial
term of the Lease. The Aggregate Lease Value will not include any rental abatement, operating expenses and/or real
estate taxes, any additional amounts paid by Tenant for services over and above those furnished by Lessor as part of
the Lease, and option periods and/or lease terms beyond the initial terrri,of he Lease. In no event shall the foregoing
preclude Broker from receiving a commission for any extension, renewOt expansion or additional leasing in the event
Tenant has engaged Broker to represent it..;`:;;:
4. Lessor agrees that it will not modify or in any way reduce the amount`of`Broker's commission hereunder. If either
party institutes any action or proceeding against the other relating to the provisions of this Agreement, the
unsuccessful party in the action or proceeding will reimburse the prevailing party all reasonable expenses, attorneys'
fees, and disbursements. THE PARTIES HEREBY WAIVE TRIAL BY JURY.
5. This Agreement will continue to be in effect until the first anniversary of its full execution. If on the first
anniversary the Lessor and Tenant are still negotiating for the Lease of the subject property, to the extent not
prohibited by law, this Agreement will be automatically extended until: such 'negotiations cease or a lease is fully
executed.
6. This Agreement constitutes the entire agreement between Lessor and, Broker and supersedes all prior discussions,
negotiations, and agreements, whether oral or written. No amendment; .alteration, or withdrawal of this Agreement
will be valid or binding unless made in writing and signed by both Lessor'and Broker. This Agreement will be binding
upon the successors and assignees of the parties.
7. Lessor and Broker each represents and warrants to the other that, in connection with Tenant's Lease of the subject
property, it has not employed or dealt with any broker, agent, or finder other than Broker. Lessor and Broker shall
each indemnify and hold the other harmless from and against any claims for brokerage fees or other commissions
asserted by any broker, agent or finder employed by Lessor, or Broker, respectively, or with whom Lessor or Broker,
respectively, has dealt.
8. Lessor and Broker agree not to disclose confidential financial information on commission, or any other information
having an adverse effect on the agreement and will refrain from using the: information for any other purpose than that
for which it was furnished. The parties agree that there may be a client fee share, if allowed by applicable law.
9. Each party shall be responsible to the other party only for the reasonably foreseeable direct damages caused by its
breach of this Agreement and in no event will either party be liable to the. other for any. loss of or damage to revenues,
profits, or goodwill or other special, incidental, indirect, or consequential damage of any kind resulting from its
performance or failure to perform pursuant to the terms of this Agreement. In no event shall Broker's liability for
damages in connection with a claim made hereunder, including any )ind` mnification obligation arising hereunder,
exceed the amount of any commission actually received by Broker under this Agreement.
10. Each signatory to this Agreement represents and warrants that it has full authority to sign this Agreement on behalf of
the party for whom it signs and that this Agreement binds such party.
BROKER: LESSOR: ,
Jones Lang LaSalle Americas (Illinois), L.P. City of Evanston."- City Manager's Office
Grant Emerick Michael Rivera; Parking Manager
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