HomeMy WebLinkAboutRESOLUTIONS-2006-076-R-069 12/4/2006
76-R-06
A RESOLUTION
Authorizing the City Manager to
Execute Certain Settlement
Agreement and Mutual Release of
Claims Regarding Litigation Between
Main & Chicago, L.L.C., and Illinois Limited Liability Company (the
"Owner"), Bernard Katz and Associates, an Illinois Corporation (the
"Contract Buyer") and the City of Evanston
WHEREAS, in 1998, Owner acquired the property commonly known as
518-522 Main Street and 845-849 Chicago Avenue located in the City (the "Property")
and is the current Owner thereof; and
WHEREAS, in 2003 and as more particularly set forth in the Appellate
Court decision attached hereto
as Exhibit A, of the attachment marked as the
SETTLEMENT AGREEMENT, and incorporated herein by reference (the "Decision"),
litigation arose between the City and the Owner concerning, among other things, the
Zoning classification of the Property, and it was held as set forth on page 18 of the
Decision, that the Owner has "a vested right in the B-3 zoning classification on the
[P]roperty;" and
WHEREAS, in order to resolve certain ambiguities and uncertainties as
set forth in the Decision and to provide specific standards for development and
construction, the Owner and the Contract Buyer desire to construct a building on the
Property in substantial accordance with the list of Development Plans attached hereto
as Exhibit B, of the attachment marked as the SETTLEMENT AGREEMENT, and
incorporated herein by reference (the "Compromise Plans") which have, among
76-R-06
others, the following development features: (i) a maximum building height of ninety-nine 0
feet (99') to the top of the flat roof (one hundred feet two inches (100'2") to the top of the
parapet) and a regulatory building height of approximately seventy-seven feet (77')
(versus a maximum building height of feet one hundred twenty-five feet (125') otherwise
authorized pursuant to the Decision); (ii) a maximum density of seventy-one (71)
market -rate dwelling units (versus a maximum density of seventy-six (76) dwelling units
otherwise authorized pursuant to the Decision); (iii) the implementation of specific
elevations and materials (whereas no architectural guidelines are part of the Decision);
and (iv) an overall maximum floor area ratio for the Property of approximately 3.51 in
order to construct larger and more desirable dwelling units without increasing the
maximum permitted density on the Property (versus a maximum FAR of 3.0 otherwise
authorized pursuant to the Decision) (collectively, the "Project") (the Compromise Plans 0
are attached hereto as Exhibit B-1, of the attachment marked as the SETTLEMENT
AGREEMENT, and incorporated herein by reference); and
WHEREAS, the Planning and Development Committee of the City
Council (the "Committee"), at its November 27, 2006 and December 11, 2006
meetings, after providing written notice to all property owners within one thousand two
hundred feet (1,200') of the Property, conducted a public hearing and received
testimony and other evidence with respect to this Agreement, including the
Compromise Plans, made a verbatim record and recommended to the City Council
that it is in the best interests of the City to approve this Agreement, including the
Compromise Plans; and
0
-2-
WHEREAS, the City Council considered the record and
recommendations of the Planning and Development Committee at its December 11,
2006 meeting and adopted the respective records and recommendations at its
December 11, 2006 meeting; and
WHEREAS, the parties have now agreed to settle and terminate the
litigation with prejudice; and
WHEREAS, Owner and Contract Buyer have proposed a Settlement
Agreement and Mutual Release of Claims, and has tendered a signed and executed
copy of said Settlement Agreement and Mutual Release of Claims which is attached to
this Resolution as Exhibit C; and
WHEREAS, it is desirable and in the best interest of the citizens of the
City of Evanston to enter into the Settlement Agreement and Mutual Release of Claims
and put an end to litigation between the parties;
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, a Settlement Agreement between the City of Evanston and Main & Chicago,
L.L.C. and Bernard Katz & Associates, Inc. Such Agreement shall be in substantial
conformity with the document marked as the SETTLEMENT AGREEMENT attached
hereto and incorporated herein by reference.
r�
E
76-R-06
SECTION 2: That the City Manager is hereby authorized and directed to
negotiate any additional terms and conditions of the said SETTLEMENT AGREEMENT
as determined to be in the best interests of the City.
SECTION 3: That this Resolution 76-R-06 shall be in full force and effect
from and after the date of its passage and approval in the manner provided by law.
Attest:
Mary P. rri , it Clerk
Adopted: , 2006
L raine H. Morton, Mayor
•
f
C!
—4—