HomeMy WebLinkAboutRESOLUTIONS-2006-055-R-068/7/06
• 55-R-06
A RESOLUTION
Authorizing the City Manager to
Enter into a Maintenance Agreement for the Sherman Plaza
Redevelopment Project with Sherman Plaza Partners, L.L.C., and the
Sherman Plaza Condominium Association.
WHEREAS, pursuant to the terms of a First Amended Redevelopment Plan
entitled "Washington National Tax Increment Redevelopment Plan and Redevelopment
-Project" which was adopted- on November 22, 1999, as ordinance 129-0-99, the City
designated a certain area within its municipal limits for redevelopment and revitalization; and
WHEREAS, the City and Sherman Plaza Venture, L.L.C., an Illinois limited
liability company, entered into that certain Redevelopment Agreement dated as of
July 9, 2001, as amended by the First Amendment to Redevelopment Agreement dated .
• October 22, 2001, and further amended by the Second Amendment to Redevelopment
Agreement dated October 28, 2002, the Third Amendment to Redevelopment Agreement
dated June 14, 2004, and the Fourth Amendment to Redevelopment Agreement dated
September 27, 2004 which provides, among other matters, for the redevelopment of the
designated area as a pedestrian -oriented, multi -use, multi -building retail, residential,
restaurant, and parking development; and
WHEREAS, Sherman Plaza Venture, L.L.C., assigned its right, title, interest
and obligations under the Redevelopment Agreement to Sherman Plaza Partners, L.L.C.,
pursuant to that certain Assignment and Assumption of Agreements dated as of
November 4, 2004 and recorded in the Office of the Cook County Recorder of Deeds on
0 December 9, 2004 as Document Number 0434404089; and
55-R-06
WHEREAS, the City and Sherman Plaza Venture, L.L.C., entered into that
certain Reciprocal Easement Agreement for Sherman Plaza dated as of •
November 30, 2004 and recorded in the Office of the Recorder of Deeds of Cook County
on December 9, 2004 as Document Number 0434404058; and
WHEREAS, the Reciprocal Easement Agreement For Sherman Plaza
requires the creation of a maintenance agreement by the owners of the Sherman Plaza
Redevelopment Project,
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, a
maintenance agreement with Sherman Plaza Partners, L.L.C., a Delaware limited liability
company, and The Residences of Sherman Plaza Condominium Association, an Illinois •
not -for -profit corporation. Said maintenance agreement shall be in substantial conformity
with the maintenance agreement marked as Exhibit A, attached hereto and made
a part hereof.
SECTION 2: That the City's share of the total cost for the first year of the
maintenance agreement shall not exceed one -hundred and fifty thousand dollars
($150,000.00).
SECTION 3: That the City Manager is hereby authorized and directed to
negotiate any additional terms and conditions of the amended maintenance agreement,
consistent herewith, as she determines to be in the best interests of the City.
•
—2—
55-R-06
•
•
SECTION 4: That this Resolution shall be in full force and effect from and
after its passage and approval in the manner provided by law.
Attest:
Maity Clerk
Adopted:
, 2006
�Z
L rraine H. Morton, WMayor
—3—
SHERMAN PLAZA MAINTENANCE PLAN AGREEMENT
THIS AGREEMENT is made and entered into as of the 2y-),. day of August, 2006, by and
between the City of Evanston, Illinois, a home rule unit of local government located in Cook
County, Illinois ("City"), Sherman Plaza Partners, LLC, a Delaware limited liability company
("SPP"), and The Residences of Sherman Plaza Condominium Association, an Illinois not -for -
profit corporation (the "Association").
RECITALS
A. Pursuant to the terms of a First Amended Redevelopment Plan entitled "Washington
National Tax Increment Redevelopment Plan and Redevelopment Project" which was
adopted on November 22, 1999, as ordinance 129-0-99, the City designated a certain
area within its municipal limits for redevelopment and revitalization with the
development of a pedestrian oriented multi -use, multi -building retail and residential use
complex. The site proposed for the redevelopment and revitalization that is the subject of
this Agreement (hereinafter "Total Parcel") is legally described in Exhibit A that is
attached hereto and made a part hereof. The Total Parcel is owned in part by the City, in
part by Focus, and in part by SPP..
• B. The City and Sherman Plaza Venture, L.L.C. an Illinois limited liability company
("SPV") entered into that certain Redevelopment Agreement dated as of July 9, 2001, as
amended by the First Amendment to Redevelopment Agreement dated October 22, 2001
and further amended by the Second Amendment to Redevelopment Agreement dated
October 28, 2002, the Third Amendment to Redevelopment Agreement dated June 14,
2004, and the Fourth Amendment to Redevelopment Agreement dated September 27,
2004 which provides among other matters for the redevelopment of the Total Parcel as a
pedestrian oriented multi -use, multi -building retail, residential and restaurant and parking
development consisting of the "Private Development" and the "Public Development."
SPV assigned its right, title, interest and obligations under the Redevelopment Agreement
to SPP pursuant to that certain Assignment and Assumption of Agreements dated as of
November 4, 2004 and recorded in the Office of the Cook County Recorder of Deeds on
December 9, 2004 as Document Number 0434404089.
•
C. The Public Development consists of a parking garage for approximately 1591 cars with
approximately 10,000 square feet of ground floor retail space and certain other
improvements, including an underground water detention basin ("Detention Basin") all of
which are located on the property legally described in Exhibit B attached hereto and
made a part hereof (hereinafter "Garage Parcel"). A portion of the parking garage
containing approximately [303] parking spaces is owned by and devoted to the exclusive
use of the Residential Project, as hereinafter defined.
-1-
• D. The Garage Parcel has been subdivided into two lots by that certain Plat of Subdivision
recorded in the Office of the Cook County Recorder of Deeds on December 9, 2004 as
Document Number 0434404084 ("Plat of Subdivision'). One lot encompasses that
portion of the Garage Parcel devoted to Parking for the Residential Project (the
"Residential Parking Parcel'). The second lot encompasses the remainder of the Garage
Parcel (hereinafter "City Parcel'). Each of such Parcels is legally described in Exhibit C
attached hereto and made a part hereof.
E. The Private Development consists of (i) approximately 142,000 square feet of gross
leasable area of mixed used (retail, commercial, restaurant, and service uses) space, and a
landscaped plaza (hereinafter "Retail Project"), and (ii) an approximately 253 unit
condominium (hereinafter "Residential Project").
F. Each of the Retail Project and Residential Project may be separately owned and
controlled. SPP has subdivided the Private Parcel into two lots devoted to each such
project by the Plat of Subdivision. The lot devoted to the Retail Project is referred to as
the "Retail Parcel." The lot devoted to the Residential Project is referred to as the
"Residential Parcel." Each of such parcels is legally described in Exhibit D attached
hereto and made a part hereof.
G. As of the date hereof, SPP owns the Retail Parcel, the Residential Parcel and the
Residential Parking Parcel and the City owns the City Parcel (each of the Retail Parcel,
• the Residential Parcel, the Residential Parking Parcel and the City Parcel is referred to
herein as a "Parcel'). For purposes of this Agreement, the Association shall be deemed
the Owner of the Residential Parcel and the Owner of the Residential Parking Parcel
acting as the representative for all of the condominium unit owners. As referred to
herein, the owner, from time to time, of each Parcel is referred to as an "Owner", and
collectively the owners of all of the parcels are referred to herein as the "Owners."
H. The City and SPV entered into that certain RECIPROCAL EASEMENT
AGREEEMENT FOR SHERMAN PLAZA ("REA") dated as of November 30, 2004 and
recorded in the Office of the Recorder of Deeds of Cook County on December 9, 2004 as
Document Number 0434404058. Article 14 entitled MAINTENANCE AND REPAIR;
DAMAGE TO THE IMPROVEMENTS of the REA is the basis for this Agreement
formalizing a maintenance plan (the "Maintenance Plan') for the Total Parcel.
Generally, the REA provides that each Owner is responsible, at its own cost, for the
maintenance and repair of the Improvements located within its Parcel. However, the
REA acknowledges that (1) certain maintenance and repair should be undertaken not by
the Owner of a Parcel but rather by another Owner, with the cost of such maintenance
and repair shared by the Owners benefiting from the use of such Parcel or (2) certain
maintenance and repair may benefit more than one Owner and thus the cost of such
maintenance and repair should be shared- by such benefited Owners. This Agreement is
intended to implement the terms of the REA relating to maintenance and repair of such
components of the Total Property, provided that to the extent of any conflict between the
• terms of this Agreement and the terms of the REA, the REA shall control
2
• NOW THEREFORE, in consideration of the premises set forth above, and the mutual
agreements hereinafter set forth below, it is hereby agreed by and between the parties hereto as
follows:
INCORPORATION OF RECITALS
(a) The foregoing Recitals are hereby incorporated by reference in the body of this
Agreement as if fully set forth herein.
2. DEFINITIONS.
(a) "Default Rate" shall mean a rate of interest equal to the lesser of: (a) the floating
rate which is equal to four percent (4%) per annum in excess of the annual rate of
interest from time to time announced by LaSalle National Bank, N.A. at Chicago,
Illinois or other major bank in the City of Chicago if LaSalle National Bank, N.A.
ceases to exist, as its "corporate base rate" of interest or a reasonably equivalent
substitute thereof in the event a corporate base rate is no longer announced, or (b)
the then maximum lawful rate of interest in Illinois applicable to the Defaulting
Owner and the nature of the debt. In the event a "corporate base rate" or
reasonable equivalent thereof is not announced by LaSalle National Bank, N.A.,
or other major bank in the City of Chicago and no maximum lawful rate applies,
then interest shall accrue at the annual rate of fifteen percent (15%).
• (b) "Emergency Situation" shall mean a situation impairing or imminently likely to
cause bodily injury to persons or substantial physical damage to the Total Parcel
or any property in, on, under, within, upon, or about the Total Parcel.
3. TERM
(a) This Agreement shall commence as of the date hereof and, subject to earlier
termination as provided in this Agreement, shall continue for one-year. This
Agreement shall be automatically renewed for successive one-year periods unless
an Owner shall give notice to all other Owners, not less than one hundred and
twenty (120) days prior to the expiration of the then existing term, that such
Owner does not intend to renew the term of this Agreement.
(b) Any Owner may terminate this Agreement on not less than one hundred and
twenty (120) days prior written notice to the other Owners.
(c) In the event this Agreement shall terminate in accordance with this Section 3,
each Owner shall be responsible for payment of its allocated costs and expenses
that are incurred through the effective date of such termination.
4. MAINTENANCE RESPONSIBILITIES
• (a) Attached hereto as Exhibit E is a list of maintenance and repair items (each and
"Item") that the parties hereto agree shall be governed by the terms of this
Agreement. Exhibit E sets forth the party responsible for undertaking the
maintenance and repair of such Item and the allocation of the cost of such
maintenance and repair among; the Owners. Each Owner agrees that it shall be
responsible for the Items assigned to such Owner in Exhibit E (such responsible
Owner to be referred to herein with respect to such Item as the "Responsible
Owner"). The Responsible Owner shall maintain the respective Item in a manner
equivalent to the standards from time to time pertaining to other properties in the
metropolitan Chicago, Illinois area that are similar to the particular Parcel or use
of such Parcel.
(b) A Responsible Owner shall have the right to hire or retain a third -party (which
may or may not be related to such Responsible Owner) to undertake an Item for
which such Responsible Owner shall be responsible. Provided, however, prior to
hiring or retaining a third -party for such purpose where the cost associated with
such Item is valued at ten thousand ($10,000) dollars or greater per annum (a
"Major Contract"), the Responsible Owner must obtain the prior written approval
from all other Owners (except in an Emergency Situation) to whom costs are
allocated for such Item. In order to obtain such approval, the Responsible Owner
shall send each relevant Owner a copy of the proposed Major Contract. Each
relevant Owner shall either approve or disapprove such contract within fifteen
(15) business days of receipt of the request from the Responsible Owner, provided
that all Owners will use good faith efforts to respond as soon as practicable. If a
relevant Owner does not disapprove such contract in writing within such fifteen
• (15) business day period, such Owner shall be deemed to have approved such
proposed contract. Any approval required by this Section 4(b) shall not be
unreasonably withheld, and any disapproval must be accompanied by a written
explanation detailing the reasons for disapproval. In the event of disapproval of a
Major Contract, the Responsible Owner shall have the right to submit the dispute
regarding the approval of the Major Contract to arbitration in accordance with
Section 6.
(c) Where Exhibit E allocates the cost of maintenance or repair of an item among two
(2) or more Owners, the non -Responsible Owner(s) shall reimburse the
Responsible Owner for each non -Responsible Owner's allocated share of such
costs within thirty (30) days of receipt of an invoice (which invoice shall include
reasonable documentation evidencing such costs) from the Responsible Owner
requesting reimbursement. With respect to any Major Contract, the Responsible
Owner who enters into such Major Contract may (i) arrange with the contractor to
bill directly the non -Responsible Owners their allocated share of costs, in which
event the non -Responsible Owners shall timely pay their allocated share to the
contractor or (ii) if direct billing is not possible, the Responsible Owner may bill
the non -Responsible Owners in advance for their allocated share of such Major
Contract costs, in which event the non -Responsible Owners shall pay the
Responsible Owner their allocated share on the date which is the later of (x) the
date such amount is due under the Major Contract or (y) thirty (30) days after
. receipt of an invoice. Any amount not paid when due (except in the case of a
dispute) shall bear interest at the Default Rate.
4
•. (d) Each Responsible Owner will make a good faith effort to provide the other
Owners with an estimate of variable costs (e.g. utilities) for which such Owners
will owe reimbursement to assist such Owners in their budgeting process.
(e) In the event that one or more Owners believe that a Responsible Owner is not
satisfactorily performing such Responsible Owner's assigned responsibility, an
Owner may send written notice detailing the alleged failed performance to the
allegedly non -performing Responsible Owner. If after investigating the alleged
failed performance, the Responsible Owner agrees with the complaint, such
Responsible Owner shall take prompt corrective action and promptly inform all
other Owners in writing as to the nature of the corrective action. If after
investigating the alleged failed performance the Responsible Owner disagrees
with the complaint, such Responsible Owner shall, within 30 business days from
the receipt of the complaint, deliver a detailed written response to the complaining
Owner. The complaining Owner and the Responsible Owner shall then work in
good faith to resolve the dispute. If the Owners are unable to resolve the dispute,
such dispute may be submitted to arbitration pursuant to the terms of this
Agreement. No Owner to whom costs are allocated for a particular Item may
withhold payment of such costs to the Responsible Owner for performing the item
on the basis that performance was not satisfactory.
(f) In the event there shall occur an Emergency Situation within a Parcel and the
• Owner of that Parcel shall not be the Responsible Owner with respect to the Item
to which the Emergency Situation relates and there is no reasonable amount of
time to confer with the Responsible Owner, then the non -Responsible Owner may
perform the assigned responsibility on its own and any costs associated with such
performance will be allocated in accordance with Exhibit E. The non -
Responsible Owner who performs in accordance with this Section 4(f) shall
promptly notify all other Owners of the Emergency Situation as soon as
practicable.
5. REOPENING NEGOTIATIONS
After execution of this Agreement, any Owner may request that negotiations regarding the
allocation of responsibility set forth on Exhibit E to this Agreement be reopened by giving at
least forty-five (45) days advance written notice to the other Owners, which notice shall
designate a proposed meeting date to discuss such matters. Such written notice shall set forth in
detail the topics for negotiation and reasons changes to the Agreement are requested. However,
the negotiations need not be limited to the listed topics. The Owners agree to negotiate in good
faith with respect to any renegotiation of the responsibilities set forth on Exhibit E. Any changes
or modifications to this Agreement shall be made only with the consent of all Owners.
6. ARBITRATION
All questions, differences, disputes, claims or controversies arising under this Agreement that
cannot be resolved by the Owners shall be resolved by arbitration in accordance with the
provisions of the REA.
. 7. NOTICES
(a) All notices required or permitted to be delivered hereunder shall be in writing and
shall be (1) personally delivered; (ii) sent by facsimile, followed by a mailed copy
by regular mail; (iii) sent by registered or certified mail, return receipt requested,
with postage prepaid; or (iv) sent by nationally recognized overnight express
carrier to the parties at the following addresses or to such other or further
addresses as the parties may hereafter designate by like notice similarly served:
If to the City:
City of Evanston
2100 Ridge Avenue
Evanston, Illinois 60201
Attn: City Manager
Phone: 847-866-2936
Fax: 847-448-8083
If to SPP:
Sherman Plaza Partners, LLC
c/o Focus Development, Inc.
211 Waukegan Road, Suite 220
• Northfield, IL 60093
Attn: President
Phone: 847-441-0474
Fax: 847-441-0475
If to the Association:
The Residences of Sherman Plaza Condominium
Association
c/o Focus Development, Inc.
211 Waukegan Road, Suite 220
Northfield, IL 60093
Attn: President
Phone: 847-441-0474
Fax: 847-441-0475
Any notice given hereunder shall be deemed received (1) upon receipt if personally delivered or
sent by facsimile; (2) on the earlier of the third business day following the day sent or when
actually received if sent by registered or certified mail; or (3) on the next business day
immediately following the day sent if sent by nationally recognized overnight express carrier.
Either party may, by notice, change the addresses set forth above. Upon the sale or conveyance
of a Parcel the new Owner thereof may by notice to the other then existing Owners provide for
notice to be sent to such new Owner.
N.
8. GENERAL PROVISIONS
(a) This Agreement shall be binding on the parties hereto and • their respective
successors and assigns.
(b) This Agreement, and the application or interpretation hereof, shall be governed by
and construed in accordance with the laws of the State of Illinois.
(c) The headings of Sections, are for convenience only and do not limit, expand or
construe the contents of the Sections.
(d) Time is of the essence of this Agreement and of each and all provisions thereof.
(e) The invalidity of any provision of this Agreement shall not impair or affect in any
manner the validity, enforceability or effect of the rest of this Agreement.
(f) If either party hereto shall be delayed or prevented from the performance of any
act required hereunder by reason of acts of God, strikes, lockouts, inability to
procure materials, restrictive governmental laws or regulations or other cause
without fault and beyond the reasonable control of the party obligated to perform
(expressly excepting the financial inability of the party obligated to perform),
• performance of such act shall be excused for the period of the delay and the
period for the performance of any such act shall be extended for a period
equivalent to (but no longer than) the period of such delay.
(g) Nothing herein contained shall be construed to make the parties hereto partners or
joint venturers.
CJ
(h) In the event of a conflict between the terms of this Agreement and the terms of the
REA, the terms of the REA shall control.
[Signature page follows]
7
•
0
IN WITNESS WHEREOF, the Owners have caused this Assignment to be executed on
the day and year first above written.
SPP:
Sherman Plaza Partners, LLC, a Delaware limited liability
company
By: SPV Finance, LLC, a Delaware limited liability
company, its sole member
By: SPV Holdings, LLC, a Delaware limited
liability company, its sole member
By: Sherman Plaza Venture, L.L.C., an
Illinois limited liability company, its sole
member
By SPV, Inc., an Illinois corporation,
its manager
By: i
Name:
Its:g-
The City:
The City of Evanston
Byk / &
Na ���L�;TN1t�;Pl�n
Its:
The Association:
The Residences of Sherman Plaza Condominium Association, an
Illinois not -for -profit corporation
By:
Name: i'�•tidfrr„ J_ A�xr,, 3
Its:
• Exhibit A
•
0
Legal Description Of Total Parcel
LOTS 1 THROUGH 4, INCLUSIVE, IN SHERMAN PLAZA SUBDIVISION BEING A
SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP
41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
COUNTY, ILLINOIS
E
• Exhibit B
Legal description of Garage Parcel
LOT 1 AND LOT 3 IN SHERMAN PLAZA SUBDIVISION BEING A SUBDIVISION OF
PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH,
RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
•
•
• Exhibit C
Legal Description Of The City Parcel
LOT 1 IN SHERMAN PLAZA SUBDIVISION BEING A SUBDIVISION OF PART OF THE
SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF
THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
Legal Description Of The Residential Parking Parcel
LOT 3 IN SHERMAN PLAZA SUBDIVISION BEING A SUBDIVISION OF PART OF THE
SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF
THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
•
•
• Exhibit D
•
0
Legal Description Of Retail Parcel
LOT 2 IN SHERMAN PLAZA SUBDIVISION BEING A SUBDIVISION OF PART OF THE
SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF
THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
Legal Description Of Residential Parcel
LOT 4 IN SHERMAN PLAZA SUBDIVISION BEING A SUBDIVISION OF PART OF THE
SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF
THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
12
tTi
Detention Basin
Doorman
Electricity
Elevators (Maint.)
Engineering
Garage
Gas
Housekeeping
•
SHERMAN PLAZA MAINTENANCE PLAN
Prepared by Focus Development, Inc.
August 7, 2006
Item
Exterior Lighting
Garage Lighting
Garage (3 SW corner cars)
Garage (3 NE cars shared w/LA)
Condo (Dedicated Garage El.)
Condo (Mid -rise cars)
Retail (games & Noble car)
Retail (Red Door Spa car)
Barnes & Noble Rooftop HVAC
Condo Chillers (2)
Condo Boilers
Dock Radiant Heater
Exterior Lighting (R&M, bulbs)
Fire/Life Safety Systems
Retail Chiller
Engineering Reports (Bi-ann.)
Pay Stations
Seperately Metered
Condo Hallways
Condo Main Lobby
Condo Elevator Lobbies
Garage - Public decks to sidewalk
Garage - Enclosed Condo decks
Garage - SW corner lobbies/cars
Garage - NE corner lobbies/cars
Loading Dock (all)
Service Corridor (behind retail)
Sidewalk Cleaning
Sidewalk Pressure Washing
Responsibility Cost Allocations
C R G Condo Assoc. Retail Garage (City) TOTAL
X
X
X
X
X
X
X
X
20.44%
40.16%
39.40%
100.00%
100.00%
100.00%
4.84%
79.75%
15.41 %
100.00%
19.04%
80.96%
100.00%
100.00%
100.00%
12.50%
87.50%
100.00%
100.00%
100.00%
100.00%
100.00%
•
REA
Section
14.a.ii, 14.a.iii
X
100.00%
100.00%
X
100.00%
100.00%
X
33.33%
66.67%
100.00% 4.a.xii, 14.a.iv
X
4.84%
79.75%
15.41 %
100.00%
X
100.00%
100.00%
I X
19.04%
80.96%
100.00% 14.a.vi
X
100.00%
100.00%
X
100.00%
100.00%
X
100.00%
100.00%
X
100.00%
100.00%
X
100.00%
100.00%
X
100.00%
100.00%
X
100.00%
100.00%
X
12.50%
87.50%
100.00%
X
33.33%
66.67%
100.00% 4.a.xii, 14.a.iv
X
100.00%
100.00%
X
4.84%
79.75%
15.41 %
100.00%
X
4.84%
79.75%
15.41 %
100.00%
P:\FDI - Property Management\Sherman Plaza\Maintenance Plan\Sherman Plaza Maintenance PlanAs
8/15/2006 4:44 PM
Prepared By: Focus Development
Page 1 of 2
M
h7
• • •
Insurance
Landscaping
Loading Dock
Roof Repairs
Cn
ry Taxes
Trash
Water
Window Washing
Item
Sidewalk Snow Removal
Individual Parcels
Exterior
Green Roof
Manager
Retail Dock Bay R&M
Condo Dock Bay R&M
Service Drive R&M
Tower
Garage
Retail
Green Roof
Adjacent to cooling towers
Individual Parcels
Cooling Towers
Exterior Landscaping Water
Exterior Maintenance Water
Fire/Life Safety System
Tower Exterior
Garage SW Interior
Garage SW Exterior
Garage NE Interior (2-12)
Garage NE Exterior (2-12)
Condo Lobby
Ground NE Lobby
Retail Exterior
SHERMAN PLAZA MAINTENANCE PLAN
Prepared by Focus Development, Inc.
August 7, 2006
Responsibility Cost Allocations
C R G Condo Assoc. Retail Garage (City) TOTAL
REA
Section
X
4.84%
79.75%
15.41 %
100.00%
X
X
X¢
,
X
4.84%
79.75%
15.41 %
100.00%
X
100.00%
100.00%
X
17.27%
56.85%
25.88%
100.00%
X
100.00%
100.00% 14.a.iv
X
100.00%
100.00% 14.a.v
X
33.33%
66.67%
100.00% 4.a.xii, 14.a.iv
X
100.00%
100.00%
X 19.04%
80.96%
100.00%
X
100.00%
100.00%
X
100.00%
100.00%
X
100.00%
100.00%
X
X
X
X
X
X
X
X
4.84%
79.75%
15.41 %
100.00%
X
4.84%
79.75%
15.41 %
100.00%
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100.00%
X
100.00%
100.00%
X
100.00%
100.00%
X
(
4.55%
95.45%
100.00%
X
4.55%
95.45%
100.00%
X
100.00%
100.00%
X
j
100.00%
100.00%
P:\FDI - Property Management\Sherman Plaza\Maintenance Plan\Sherman Plaza Maintenance PlanAs Prepared By: Focus Development
8/15/2006 4:44 PM Page 2 of 2
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Sherman Plaza Maintenance Plan Building Notes
Item
Notes
Detention Basin
Allocation based on REA.
Doorman
Doorman's hours will be directly charged to the Condominium Association
Electricity
Exterior Lightinq
Allocation based on linear frontage. See Exterior Maintenance Allocation Worksheet.
(Garage U.Oting
Based on the proportionate share of spaces. Assumes a total of 1,591 spaces, 303 designated for the condos.
Elevators (Maint.)
Garaqe (3 SW comer cars),
Garage eams revenue from patrons, and elevator expenses are their operating. expense.
Garaqe (3 cars shared w/LA)
Retail maintains Floor 1 and shares 1/2 of Floor 2 (1.5/12). Garage has all of Floors 3-12, plus 1/2 each of Floor 2, for a total of 10.5112.
Condo (Dedicated Garage El.)
Elevator serves condominiums exclusively.
Condo (Mid -rise cars)
Elevators serve condominiums exclusively.
Retail (Barnes & Noble car)
Tenant responsible for maintaining own elevator.
Retail (Red Door Spa car)
Tenant responsible for maintaining own elevator.
Engineering
Barnes & Noble Rooftop HVAC
(Tenant responsible for malntalnlnp HVAC eouloment that exclusively serves the Premises, per Lease Section 11.1. LL Is to deliver a warranty.
Condo Chillers (2)
Chillers serve condominiums exclusively.
(Condo Boilers
(Boilers serve condominiums exclusively.
(Dock Radiant Heater
IAloocation consistent with Service Drive allocation as agreed upon in REA.
IExterior Lightinq(R&M, bulbs)
[Allocation based on linear frontage. See Exterior Maintenance Allocation Worksheet.
IFire/Life Safety Systems
IEach Owner to maintain those components and aspects which serve their respective premises.
IRetail Chiller
(Chiller serves retail exclusively.
Garage
[Engineering Reports (Bi-ann.)
Per REA, based on the proportionate share of spaces. Assumes a total of 1,591 spaces, 303 designated for the condos.
lGarape
[Pay Stations
eams revenue from patrons, and pay station maintenance is their associated operating expense.
GasSeparately
Metered
IBilled individually.
Housekeeping
Condo Hallways
(Hallways serve condominiums exclusively.
[Condo Main Lobbv
ILobby serves condominums exclusively.
(Condo Elevator Lobbies
ILobbies serve condominums exclusively.
Garage - Public decks to sidewalk
IThe garage/city will maintain the publicparkinq decks, down to the sidewalk/public way.
Garage - Enclosed Condo decks
IThe Condo association will be responsible for housekeeping within their enclosed parking areas.
Garage - SW comer lobbies/cars
IThese are maintained by the Developer, and paid for by the city.
Garaqe - NE comer lobbiestcars
JRetail maintains Floor 1 and shares 1/2 of Floor 2 (1.5/12). Garage has all of Floors 3-12, plus 1/2 each of Floor 2, for a total of 10.5112.
Loading Dock (all)
(Allocation consistent with Service Drive allocation as agreed upon in REA.
Service Corridor (behind retail)
[Corridor serves retail exclusively.
Sidewalk Cleaning
(Allocation based on linear frontage. See Exterior Maintenance Allocation Worksheet.
Sidewalk Pressure Washing
(Allocation based on linear frontage. See Exterior Maintenance Allocation Worksheet.
(Sidewalk Snow Removal
Allocation based on linear frontage. See Exterior Maintenance Allocation Worksheet.
Insurance
[Individual Parcels
Billed individually.
Landscaping
IExterior
(Allocation based on linear frontage. See Exterior Maintenance Allocation Worksheet.
(Green Roof
(Green roof serves only the condominium owners.
Loading Dock
IManacLer
[Allocation based on Sherman Plaza Retail Operations Manager Budget.
IRetail Dock Bay R&M
[Allocation based on REA.
[Condo Dock Bay R&M
IAllocation based on REA.
IService Drive R&M
Allocation based on REA.
Roof Repairs
Tower
Roof is directly over condominiums.
Garage
Allocation consistent with Garage BI-annual Engineering Report allocation as agreed upon in REA.
Retail
IRoof is directly over retail.
Green Roof
(Green roof serves only the condominium owners.
Adjacent to cooling towers
)Includes the roof upon which the cooling towers sit.
Taxes
Individual Parcels
(Taxed individually.
Trash
IPaid on a kev-tum basis, and billed directly to responsible party.
Water
Coolinq Towers
Based on usage/load requirements. Every tenant, the condos (as a tenant), and the garage (as a tenant) qet billed individually.
[Exterior Landscapinq Water
Allocation based on linear frontage. See Exterior Maintenance Allocation Worksheet.
Exterior Maintenance Water
Allocation based on linear frontage. See Exterior Maintenance Allocation Worksheet.
Fire/Life Safety System
Each Owner to maintain those components and aspects which serve their respective premises.
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Item
Window Washing Tower Exterior
Garage SW Interior
Garaqe SW Exterior
Garage NE Interior (2-12)
Garage NE Exterior (2-12)
Condo Lobby
Ground NE Lobbv
Retail Exterior
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Sherman Plaza Maintenance Plan Building Notes
Notes
Tower windows exclusively serve condominiums.
SW garage windows exclusively serve the parking garage.
SW garage windows exclusively serve the parking garage.
LA Fitness shares 1/2 of Floor 2 (retail oays .5/11). There is only garage from 3-12, and 1/2 of Floor 2 (garage pays 10.5/11).
LA Fitness shares 112 of Floor 2 (retail oays .5/11). There is only qaraqe from 3-12, and 1/2 of Floor 2 (garage pays 10.5/11).
Lobby serves condominums exclusively.
Retail maintains Floor 1.
Tenants are responsible to maintain their own exterior qlass.
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Exterior Maintenance Allocation Worksheet
Frontage
Length
Length
% Allocations
Feet Inches
Feet
Condo
Retail Garage
Retail
966
11
966.92
100.00%
Condo
41
3
41.25
100.00%
Garage
186
3
186.25
100.00%
Loading Dock
61
6
61.50
33.33%
66.67%
Garage Elevator Lobby
21
2
21.17
50.00% 50.00%
1,277.08
SF
%
Condo
61.75
4.84%
Retail
1,018.50
79.75%
Garage
196.83
15.41 %
1,277.08
100.00%
PAFDI . Property Management\Sherman Plaza\Maintenance Plan\Shennan Plaza Maintenance Plan.xls
8/15/2006 4:39 PM
Total SF Allocations
Condo
Retail
Garage
0.00
966.92
0.00
41.25
0.00
0.00
0.00
0.00
186.25
20.50
41.00
0.00
0.00
10.58
10.58
61.75
1,018.50
196.83
Prepared By: Focus Development
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