HomeMy WebLinkAboutRESOLUTIONS-2002-061-R-02•
816/02
61-R-02
A RESOLUTION
Authorizing the City Manager to Sign the
Addendum to Mini -Anchor Parcel
Easement Agreement
WHEREAS, the City of Evanston ('City") and Church Street plaza, LLC (CSP)
entered into that certain Mini -Anchor Parcel Easement Agreement dated October 12, 2000
(the "Agreement") recorded as document number 00847577 in the land records of Cook
County, Illinois; and
WHEREAS, under the Agreement the City granted CSP and its successors and
assigns (the "Mini -Anchor Parcel Owner") as an appurtenance of the Mini -Anchor Parcel
is perpetual easements on or with respect to the City Property (as those terms are defined
in the Agreement) including, but not limited to exclusive easements (a) for the construction,
installation, use, inspection, maintenance, repair, replacement and operation of the Mini -
Anchor Improvements in the Air Space Parcel (as those terms are defined in the
Agreement) located above the City Property, (b) for construction, installation, use,
inspection, maintenance, repair and replacement of footings, foundations and columns
supporting the Mini -Anchor Improvements constructed within the Air Space Parcel, and (c)
for entry upon, above and below and for ingress and egress through the City Property with
men, materials, and equipment to the extent reasonably necessary in the performance of
the construction, installation, maintenance, inspection, testing, repair, and replacement of
• the Mini -Anchor Improvements within the Air Space Parcel; and
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WHEREAS, CSP, as the Mini -Anchor Parcel Owner, has fully satisfied the
conditions and requirements set forth in Paragraph 10 of the Agreement, and the Cit •
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desires to acknowledgement receipt of the Air Space Payment (as that term is defined in
the Agreement), and the Parties desire to memorialize the configuration of the footprint of
the Air Space Parcel, which is subject to future re -configuration pursuant to the terms of the
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That 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 of
Evanston, the Addendum to the Mini -Anchor Parcel Easement Agreement between the City
and Church Street Plaza, LLC. Such Agreement shall be in substantial conformity with the •
Agreement marked as Exhibit A attached hereto 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 leases as may be determined to be in
the best interests of the City.
SECTION 3: That this Resolution shall be in full force and effect from and
after its passage and approval in the manner ppovided by law.
1 Mayor
ATTEST:
Y*nC
alerk
() 9
Adopted: (w,l I Z C { , 2002 •
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Prepared by and
after recording return to:
Mark L. Yates
The Law Offices of Mark L. Yates
900 Clark Street
Evanston, IL 60201
ADDENDUM TO MINI -ANCHOR PARCEL
EASEMENT AGREEMENT
THIS ADDENDUM TO MINI -ANCHOR PARCEL EASEMENT AGREEMENT
("Addendum") is made and entered into this r3 day ofA' 2002, by and between
THE CITY OF EVANSTON, ILLINOIS, a home rule unit of local government located
in Cook County, Illinois (the "City") and CHURCH STREET PLAZA, LLC, an
Illinois limited liability company ("CSP") (the City and CSP and their respective
successors and assigns are hereinafter sometimes referred to individually as "Party" or
• collectively as the "Parties").
RECITALS:
WHEREAS, the City and CSP entered into that certain Mini -Anchor Parcel Easement
Agreement dated October 12, 2000 (the "Agreement") recorded as document number
00847577 in the land records of Cook County, Illinois; and,
WHEREAS, under the Agreement the City granted CSP and its successors and assigns
(the "Mini -Anchor Parcel Owner") as an appurtenance of the Mini -Anchor Parcel
perpetual easements on or with respect to the City Property (as those terms are defined in
the Agreement) including, but not limited to exclusive easements (a) for the construction,
installation, use, inspection, maintenance, repair, replacement and operation of the Mini -
Anchor Improvements in the Air Space Parcel (as those terms are defined in the
Agreement) located above the City Property, (b) for construction, installation, use,
inspection , maintenance, repair and replacement of footings, foundations and columns
supporting the Mini -Anchor Improvements constructed within the Air Space Parcel, and
(c) for entry upon, above and below and for ingress and egress through the City Property
with men, materials and equipment to the extent reasonably necessary in the performance
of the construction, installation, maintenance, inspection, testing, repair, and replacement
• of the Mini -Anchor Improvements within the Air Space Parcel; and,
WHEREAS, CSP, as the Mini -Anchor Parcel Owner, has fiilly satisfied the conditions
• and requirements set forth in Paragraph 10 of the Agreement, and the City desires to
acknowledge receipt of the Air Space Payment (as that term is defined in the Agreement),
and the Parties desire to memorialize the configuration of the footprint of the Air Space
Parcel, which is subject to future re -configuration pursuant to the terms of the
Agreement.
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NOW, THEREFORE, in consideration of the premises, the sum of Ten Dollars ($10.00)
in hand paid and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged by each of the Parties, the Parties agree as follows:
All of the defined terms used in this Addendum, which are not otherwise defined
herein shall have the meanings attributed to them in the Agreement.
2. The Recitals are incorporated herein by reference and shall have the same force
and effect as they would have were they restated herein and set forth in full.
3. The footprint of Air Space Parcel shall have the configuration shown on Exhibit
A attached hereto and made a part hereof by reference. The gross square footage
of the footprint is 4,025 square feet, and pursuant to the terms of Paragraph 10 of
the Agreement the Air Space Payment equals the sum of Forty Thousand Two
Hundred and Fifty Dollars ($40,250.00), which amount shall not be affected by
the actual or proposed height of the Air Space Parcel.
4. The City acknowledges receipt of payment in full of the Air Space Payment in the
amount of Forty Thousand Two Hundred and Fifty Dollars ($40,250.00). The
City acknowledges that no further payment shall be due from the Mini -Anchor
Parcel Owner to the City in the event the Mini -Anchor Parcel Owner elects in the
future to reconfigure the Air Space Parcel unless the footprint of the Air Space
Parcel is enlarged by virtue of such reconfiguration. The City shall memorialize
any future reconfiguration of the Air Space Parcel in a writing in recordable form
at no cost to the Mini -Anchor Parcel Owner, and such writing shall be in form
reasonable acceptable to the Mini -Anchor Parcel Owner.
5. The Parties do hereby reaffirm all of the terms and conditions of the Agreement as
supplemented hereby and confirm that the references to CSP in Paragraph 10 of
the Agreement refer to the Mini -Anchor Owner.
6. This Addendum may be executed in any number of counterparts, each of which
when so executed shall be deemed to be an original, and all of which taken
together shall constitute one and the same document.
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• IN WITNESS WHEREOF, the duly authorized representatives of CSP and the City
have signed and sealed this Agreement as of the day and year first above written.
CHURCH STREET PLAZA, LLC, an Illinois
limited liability company
By: AHC MANAGEMENT, INC., an Illinois
Corporation
By:�
Tltt74'
lyeT.��►.�� ems^— .
i sf
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I, LavrcLT. 5cke(66cA a Notary Public in and � n said County, in the
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State aforesaid, do hereby certify that . earc)Othe PwaiiGe of AHC Management, I , an Illinois corporation, the
manager of Church Street Plaza, LLC, an Illinois limited liability company, who is
• personally known to me to be the same person whose name is subscribed to the foregoing
instrument as suchvPi-ii(4ct'aro.FPr>°`vl*peared before me this day in person and
acknowledged that he/she signed and delivered the said instrument as his/her own free
and voluntary act and as the free and voluntary act of said company, for the uses and
purposes therein set forth.
GIVEN under my hand and notarial seal, this I day of U + , 2002.
M Commission Expires: /� 10(0Y p `-�
OFFICIAL SEAL
y LAURA T $CHEL.LEiVaACH
tdOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPWAS:02121 /06
Ash
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ATTEST:
City Clerk
STATE OF ILLINOIS )
) ss.
COUNTY OF COOK )
CITY OF EVANSTON By.
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO
HEREBY CERTIFY, that A) qj e,* - --D. C rwrry , personally known tome to
• be the City Manger of the City deEvanston, and personally known to me to be the same
person whose name is subscribed to the foregoing instrument, appeared before me this
day in person and acknowledged that as such City Manager, he signed and delivered said
instrument and caused the corporate seal of said corporation to be affixed thereto,
pursuant to the authority given by the Board of Directors of said corporation, as his free
and voluntary act, and as the free and voluntary act and deed of said corporation, for the
uses and purposes therein set forth.
GIVEN under my hand and notarial seal this 1_3day of ; 2002.
Not ry Public
My Commission Expires:
FOFFICIALAL SEAL
F BRENNIMAN
, STATE OF ILLINM
N EXPMES:05/20/04
b\i't1P V1/R�\/1rM.
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LEGAL DESGLI1'TSON
Lot I in Church Maple Second Resubdivision, bung a resubdivision of Lot 1 in Church Maple First Resubdivision and Lot 3
in Church Maple Resubdivision, all in the Northwest 1A of Section 18, Township 41 North, Range 14 East of the Third
Principal M- eridian, according to the plat thereof recorded June 27, 2001 as document number 0010548879, all in Cook
County, lltiuoi L
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PINS: 1118-117-003-0000
1118-117-007-0000
Address: 1700 Maple Avenue
Evanston, Illinois 60201
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