Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
RESOLUTIONS-2009-035-R-09
• • 5/1 /2009 35-R-09 A RESOLUTION Authorizing the City Manager to Negotiate and Sign a Redevelopment Agreement between the City and Parc Investment Properties LLC (1890 Maple Avenue) NOW 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 the Redevelopment Agreement for sales tax and incremertal property tax revenue sharing with Parc Investment Properties LLC, attached hereto and made a part hereof as Exhibit A. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the agreement 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 the date of its passage and approval in the manner provided by law. Vst:en6, City Clerk Adopted: �` ; "7 , 2009 r L Iaine H. Morton, Mayor 35-R-09 • EXHIBIT A REDEVELOPMENT AGREEMENT -2- • REDEVELOPtMEIN AGREENVMNT This Redevelopment Agreement ("Agreement") is entered into as of this of ;y , 2009 by and between the CITY OF EVANSTON, an Illinois municipal corporation (the "City") and PARC INVESTMENT PROPERTIES LLC, an Illinois limited liability company ("O�vraea") (individually, the City and Owner are referred to herein as a "Party" and collectively, they are referred to as the "Parties"). RECITALS WHEREAS, the City is a home rule municipality in accordance with Article VII Section 6(a) of the Constitution of the State of Illinois of 1970, and is entering into this Agreement pursuant to its authority as a home rule unit; and WHEREAS, Owner is the owner of the property ZD generally located at 1890 Maple Avenue, Evanston, Illinois (the "Property"). The Property, which is legally described on Exhibit A attached hereto and a part hereof, is presently improved with a three (3)-story vacant office building; and WHEREAS, pursuant to Ordinance No. 45-0-07, as amended by Ordinance No. 90-0- 08 and as amended by Ordinance No. 30-0-09, attached hereto as Exhibit B and a part hereof (collectively, the "PD Ordinance"), the City Council approved a planned development fbr the Property authorizing the Owner to construct (i) up to approximately 19,700 square feet of first floor commercial space; (ii) up to one hundred seventy-seven (177) dwelling units; and (iii) two hundred ninety-four (294) off-street, on -site parking spaces (collectively, the "Project"); and • WHEREAS, the City Council finds that it would be a significant benefit to the community and the local economy for all or a significant portion of the first floor commercial space of the Project (the "Grocery Store Space") to be leased to an established grocery store tenant (a "Grocer") and, to such end, the City is willing to provide financial assistance to the Owner based on the terms of this Agreement; and WHEREAS, the City's financial assistance, to be provided to the Owner pursuant to this Agreement, will narrow the Project's financial gap, as detailed in Exhibit C attached hereto and a part hereof, and assist the Owner to achieve a rate of return that is closer to market standards, thereby enhancing the Project's financial and underwriting feasibility; and WHEREAS, by adopting Resolution No. 33-R-09, the City Council has determined that it is necessary to the economic and social welfare of the City, including the central business district, that the City promote its economic vitality by assuring opportunities for development and sound and stable commercial growth within the corporate limits of the City; and WHEREAS, the City Council has determined that providing the financial assistance detailed below will, among other things: bring new sales tax revenues to the City; create jobs; increase the amount of real estate taxes to the City, School District #65 and other taxing bodies; help re -energize Emerson Street between Maple Avenue and Ridge Street and facilitate further redevelopment in Downtown Evanston; and that the powers exercised hereunder are found to be • in furtherance of the public interest and the general health, safety and welfare of the City, NOW, THEREFORE, in consideration of the foregoing recitals, the covenants and • agreements hereinafter set forth and other good .and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1. RECITALS. The recitals set forth above are accurate and are expressly incorporated into this Agreement by this reference thereto as if fully set forth in this Article 1. ARTICLE 2. DEFINITIONS. INITIiINS. (1) Department. The Illinois Department of Revenue. (2) Property Tax Reimbursement Pavment Date. Each February lst during the Property Tax Reimbursement Period. (3) Property Tax Reimbursement :Period.. The period of time from when the Owner provides proof to the pity that no less than sixty percent (601/o) of the rental residential units are occupied until the Property Tax Reimbursement Termination Date. (4) Property Tax Reimbursement. Termination Date. The date that is the first to occur of (i) twenty (20) years from when the Owner provides proof to the City that no less than sixty percent (60%) of the rental residential units are occupied, and (ii) the Maximum Property Tax Reimbursement (as defined below) having been paid to the Owner. (5) Ouarter. Each three (3)-calendar month period during the Sales Tax Reimbursement Period ending on March 31st, June 30th, September 30th or December 315t (6) Quarterly Pavment. That portion of the Pledged Sales Taxes received by the City in any Quarter and necessary to pay to the Owner as required by Article 4 below. (7) Remittance Statement. A written statement prepared by the City setting forth the amount of any Sales Tax Reimbursement remitted to Owner concurrently therewith and the calculation of said amount. (8) Sales Tax Pavment Date. The date that is sixty (60) days after the end of each Quarter after the beginning of the Sales Tax Reimbursement Period until the Sales Tax Reimbursement Termination Date. (9) Sales Tax Reimbursement Period. The period of time from when a Grocer first opens for business in the Grocery Store Space to the Sales Tax Reimbursement Termination Date. (10) Sales Tax Reimbursement Termination Date. The date that is fifteen (15) years from the date a Grocer first opens for business in the Grocery Store Space. • 2 (11) Shared Proalzrty Taxes. Fifty percent (50%) of the City's share of the real estate taxes generated by the Property over and above the 2007 Equalized Assessed Value for Permanent Index Numbers 11-18-112-045-0000 and 11-18-112-046- 0000 (i.e., $1,507,372). (12) Shared Sales Taxes. The City's local distributive share of the Retailers Occupation Tares generated by a Grocer operating in the Grocery Store Space and paid to the City by the State of Illinois pursuant to the Illinois Retailers Occupation Tax Act (35 ILCS 120/1), as supplemented and amended from time to time, or any substitute sales taxes therefor as provided by the State of Illinois 41 the future. In no event shall the Shared Sales Taxes include any Home Rule Municipal Retailers and Service Occupation Tax generated by the Property, paid - to the City by the State of Illinois and imposed by the City pursuant to Chapter 3- 2-7 of the City municipal code, as may be supplemented and amended from time to time, or any substitute sales taxes therefor as provided by the City in the future. (13) State. The State of Illinois, including, as the context requires, the Illinois Department of Revenue or any successor agency which may assume its responsibilities with regard to the collection and distribution of Shared Sales Taxes to the City. (14) Termination Date. The date one (1) year after the later to occur of the Property and Sales Tax Reimbursement Termination Dates. • ARTICLE 3. OWNER RESPONSIBILITIES. The following Owner Responsibilities shall be conditions precedent to the City's payment obligations as defined in Article 4 of this Agreement. A. Owner shall execute a loan commitment for the Project and, within thirty (30) days thereafter, provide the City with a copy thereof and an updated financial analysis in the form and based on the methodology employed to generate Exhibit C (the "Updated Analysis"), that demonstrates, to the City's reasonable satisfaction, that the Project continues to have a financial gap equal to or greater than such gap documented in Exhibit C. If the Updated Analysis indicates that the Project's financial gap is less than the gap in Exhibit C, the Property Tax Reimbursement shall be reduced as provided in Article 4, Section A of this Agreement. B. Owner shall obtain a building permit for and complete construction of the Project as per the dates indicated in the PD Ordinance, as may be amended, and, no later than twelve (12) months after said completion of construction, obtain temporary or final certificates of occupancy, which the City may not unreasonably withhold, for all portions of the Project. C. Owner shall ensure that the Project shall be free of all mechanics' and materialman's liens that could arise as a result of Owner's construction of the Project. In the event that any liens are filed against the Project as a result of the acts or omissions of Owner, its agents, or independent contractors, Owner agrees and covenants to indemnify and hold harmless the City • from any and all costs and expenses, including attorneys' fees. D. Owner shall execute leases for at least sixty percent (60%) of the dwelling units in the Project and provide the City with proof of said units' occupancy. E. Owner shall execute a lease, in exchange for the payment of rent and for a term not less than ten (10) years in length, for not less than 12,000 square feet of the Grocery Store Space, with a Grocer. Owner shall provide a copy of said executed lease to the City, and notify the City of any termination and/or modification thereof. F. Owner shall cause the Grocer to open and continuously operate in the Grocery Store Space and shall give notice to the City of said opening and any cessation of operation. Owner shall have six (6) months to cure any cessation of operation. A temporary cessation due to a casualty or other damage or destruction shall not be deemed a failure of this condition so long as Owner diligently pursues repair or reconstruction. In case of such casualty or other damage or destruction, the Sales Tax Reimbursement Period shall be suspended during said temporary cessation, and the Sales Tax Reimbursement Termination Date shall be extended accordingly. G. Owner shall: provide documentation that the City Manager or his/her designee, within his/her sole reasonable discretion, deems necessary to accurately determine the Shared Sales Taxes; and, in support thereof, Owner shall employ commercially reasonable efforts to cause the Grocer to: (i) file a separate IDOR Form ST-1 (or any successor reporting form) with the Department to separately identify the Shared Sales Taxes that result from the Grocery Store Space retail sales; and (ii) supply or cause to be promptly supplied to the City, copies of its State sales tax returns filed with the Department promptly after filing thereof. The aforementioned documents shall be kept confidential pursuant to Article 4, Section B of this Agreement. H. For the term of the Agreement, the Property shall not in any way be removed from the • public tax rolls and the Owner shall pay fair, market -rate taxes on the Property. The foregoing shall not be construed as a prohibition or limitation on the Owner's rights to contest assessments or other matters related to real property taxes levied against the Property. ARTICLE 4. CITY RESPONSIBILITIES. For the term of this Agreement, City's responsibilities shall include the following: A. Property Tax Reimbursement. The City shall make annual Property Tax Reimbursement payments to the Owner on the Property Tax Reimbursement Payment Date from the Shared Property Taxes. The Property Tax Reimbursement to be paid to the Owner shall be sent to Owner at the address set forth in Article 9 below. The total Property Tax Reimbursement payments shall not exceed $1,900,000.00 (the "Maximum Property Tax Reimbursement"). If the Updated Analysis projects a leveraged return on the Project that exceeds 13.86%, the Maximum Property Tax Reimbursement shall be reduced dollar for dollar to the extent necessary to cause the projected leveraged return on the project to be reduced to 13.86%. The Property Tax Reimbursement shall terminate on the Property Tax Reimbursement Termination Date. The Shared Property Taxes shall be the sole source for the Property Tax Reimbursement. The Property Tax Reimbursement shall constitute a limited obligation of the City and does not now and shall not constitute a general indebtedness of the City within the • meaning of any constitutional or statutory provision, and shall not constitute or give rise to a • pecuniary liability of the City or a charge against its general credit or taxing power and shall not be secured by the full faith and credit of the City. During the Property Tax Reimbursement Period, if State or Cook County statutory rases or mechanisms for the levy, collection, and remittance to the City of Shared Property Taxes become inconsistent with this Agreement, then the City and Owner shall cooperate in good faith to identify other mechanisms to accomplish the intent of this Agreement within the City's powers. The foregoing notwithstanding, the City shall not be required to make Property Tax Reimbursement payments to the Owner unless and until Owner fulfills obligations A, B, C, D, and PI per Article 3 hereof. B. Sales Tax Reimbursement. Upon the full execution of a lease with a Grocer for the Grocery Store Space, the Owner shall deliver a copy of said fully -executed lease to the City to establish the maximum amount of the Sales Tax Reimbursement (as defined below). If the rent said Grocer pays to Owner, pursuant to a lease for the Grocery Store Space, is less than thirty- eight dollars ($38.00) per square foot, the City shall pay to the Owner, from the Shared Sales Taxes, an amount equal to one dollar ($1.00) per square foot, or portion thereof, for each dollar, or portion thereof, that such annual rent is below thirty-eight dollars ($38.00), provided that the City shall not provide Owner with more assistance than eleven dollars ($11.00) per square foot (the "Sales Tax Reimbursement"). In the event that the Grocer's liquor sales equal less than nine percent (9%) of gross grocery sales, the Sales Tax Reimbursement shall be reduced by one dollar ($1.00), or portion thereof, per square foot, for every one percent (M), or portion thereof, that liquor sales are less than nine percent (9%) of gross grocery sales. • On each Sales Tax Payment Date from the beginning of the Sales Tax Reimbursement Period until the Sales Tax Reimbursement Termination Date, the City shall make a Quarterly Payment to Owner and shall concurrently deliver to Owner a Remittance Statement reflecting such Quarterly Payment. Such amounts shall be payable solely from, and to the extent of, Shared Sales Taxes remitted to the City during the Sales Tax Reimbursement Period. The Quarterly Payments shall be sent to Owner at the address set forth in Article 9 below. The Sales Tax Reimbursement shall be payable solely from the Shared Sales Taxes and constitutes a limited obligation of the City and does not now and shall not constitute a general indebtedness of the City within the meaning of any constitutional or statutory provision, and shall not constitute or give rise to a pecuniary liability of the city or a charge against its general credit or taxing power and shall not be secured by the full faith and credit of the City. During the Sales Tax Reimbursement Period, if the State statutory rates or mechanisms for the levy, collection, and remittance to the City of Shared Sales Taxes become inconsistent with this Agreement, then the City and Owner shall cooperate in good faith to identify alternate mechanisms to accomplish the intent of this Agreement within the City's powers. During the Sales Tax Reimbursement Period, to the extent permitted by law, the City shall maintain the confidentiality of the information contained in the reports filed with the Department pursuant to Section G of Article 3 of this Agreement, but shall be permitted to disclose such information to such City employees and consultants as the City, in its sole discretion, deems appropriate in order to monitor compliance and audit this Agreement. To the extent permitted by law, in accordance with the I►linois Freedom of information Act, the City shall treat said • information as proprietary and confidential business information, the disclosure of which may cause Owner or a Grocer competitive harm. Following the close of each fiscal year of the City, the City shall provide a certified copy of an accounting of the receipts of Shared Sales Taxes and payment to Owner. The foregoing notwithstanding, the City shall not be required to make any Sales Tax Reimbursement payments to the Owner unless and until Owner has fulfilled obligations A, B, C, E, F, and G, per Article 3 of this Agreement. ARTICLE 5. NO DISCRIMINATION — CONSTRUCTION EMPLOYMENT., A. Owner, for itself and its successors and assigns and solely for the purpose of the construction of the Project agrees to comply with all applicable laws prohibiting discrimination against any employee or applicant for employment because of race, color, religion, sex, national origin or sexual orientation. Owner shall require that applicants for employment with Owner be treated during the application process and during employment, without regard to race, creed, color, religion, sex, national origin, disability or sexual orientation in accordance with applicable laws. Such action shall include, but shall not be limited to, the following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising, solicitations or advertisements of employees; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. Owner agrees to post in conspicuous places, in and on the Property, available to employees and applicants for employment, notices which may be provided by the City setting forth the provisions of the nondiscrimination clause as • required by the City's ordinances. B. Owner agrees to use commercially reasonable good faith efforts to cause at least twenty- five percent (251/6) of the contract value of the hard costs allocable to that portion of the Grocery Store Space undertaken by Owner (i.e., the pro rata costs thereof relative to the entire Project, not including tenant improvements undertaken by others) to be performed by minorities, women, or Evanston residents, in any combination of the three (collectively, NVW/EB Enterprises), as the Owner may choose and in connection with the procurement of materials, supplies and/or services required by Owner for the Project. In determining whether a hard cost has been performed by an NVW/EB Enterprise, the City shall refer to the guidelines set forth on Exhibit D attached hereto. Further, Owner shall cause its general contractor (the "Contractor"), and subcontractors to hire at least two (2) Evanston residents in total. It is the present intention that preference be given to qualified minorities, women, unemployed, and/or to unskilled workers. The goal of hiring these workers is to provide them with gainfiil employment for a reasonable period of time during the duration of the project and to mentor them by causing the Contractor to assign a Contractor employee as a mentor to give them the skills and experience in order to enable them to continue working in the same or similar job after their role in connection with the Project is completed. C. Owner shall use (or shall cause its contractor to use) commercially reasonable good faith efforts to hire qualified minorities, women and/or Evanston residents in connection with the construction of the Project. ARTICLE 6. INSURANCE AND INDEMNIFICATION. • • A. Owner agrees to indem�,ify and hold harmless the City, its officials, whether appointed or elected, and whether or not serving at the time of commencement of this Agreement, its officers, employees, volunteers and agents (the "City Indemnified Parties"), from any and all claims, actions and suits (together with the City's reasonable attorneys' fees and costs) at law or in equity (collectively, "Claims") arising solely out of this Agreement or out of the operation of the Project or alleged to have arisen solely out of acts of Owner, provided, however, that said indemnification is hereby expressly limited to the extent of reimbursement payments actually made by the City to Owner hereunder; and further provided, however, that the foregoing obligation shall not extend to the extent any Claim arises out of the gross negligence or willfiil misconduct of any City Indemnified Party. B. Owner shall cause its Contractor to, subject to all of the terms set forth below, maintain at its own expense and during construction of any portion of the Project located within the public right-of-way, the minimum types and amounts of insurance set forth below, which insurance shall be placed with insurance companies rated, at a minimum, "A" by Best's Ivey Rating Guide: i. Workers' Compensation Insurance - the amount and scope of such insurance shall be the greater of (1) the insurance currently maintained by Contractor, (2) any amounts and scope required by statute or other governing law, or (3) the following: Bodily Injury by accident - $100,000 each accident Bodily Injury by disease - $500,000 policy limit Bodily Injury by disease - $100,000 each employee • ii. Commercial General Liability Insurance on an occurrence basis in an amount equal to the greater of (1) the insurance currently maintained by Contractor or (2) $5,000,000 each occurrence; and such insurance shall include the following coverages: (i) completed operations coverage, (ii) blanket contractual coverage, including both oral and written contracts, (iii) personal injury coverage, (iv) an endorsement naming the City, as additional insureds, including completed operations coverage, (v) an endorsement affording thirty days notice to the City in the event of cancellation of coverage, (vi), Broad Form Property Damage coverage, including completed operations, and (vii) an endorsement providing that such insurance as is afforded under Contractor's policy is primary insurance as respects the additional insureds and that any other insurance maintained by the additional insureds is excess and noncontributing with the insurance required hereunder. iii. Prior to commencing any portion of the Project that will be within the public right of way, Contractor shall deliver to the City written evidence of the above insurance coverages. Owner shall cause Contractor to provide the City with evidence, on an annual basis, that Contractor has maintained the insurance coverages required herein for all prescribed periods. ARTICLE 7. TERM. On the Termination Date, this Agreement, subject to the provisions below, shall be and become null and void and of no further effect whatsoever, without further action on the part of • the City or any other person, firm or corporation. Notwithstanding the foregoing, this Agreement shall remain in effect for purposes of audit, final accounting, and payment and for • purposes of enforcement actions hereon. ARTICLE 8. INWTUAL ASSISTANCE. The City and Owner agree to do all things necessary or appropriate to carry out, and to aid and assist each other in carrying out, the terms of this Agreement and in implementing the Parties' intent, as reflected by the terms of this Agreement, including, without limitation, the giving of such notices, the holdings of such public hearings, the enactment by the City of such resolutions and ordinances and the taking of such actions as may be necessary to enable the Parties compliance with the terms and provisions of this Agreement and as may be necessary to give effect to the terms and provisions of this Agreement and the Parties intentions as reflected by the terms of this Agreement. No waiver of any City rules, laws and regulations shall be inferred from this Agreement, except as specifically set forth herein, and Owner shall construct the Project in compliance therewith. ARTICLE 9. NOTICES. Any notice to be given or served hereunder or under any document or instrument executed pursuant hereto shall be in writing and shall be (i) delivered personally, with a receipt requested therefor; or (ii) sent by telecopy facsimile; or (iii) sent by a recognized overnight courier service; or (iv) delivered by United States registered or certified mail, return receipt requested, postage prepaid. All notices shall be addressed to the Parties at their respective addresses set forth below, and the same shall be effective (a) upon receipt or refusal if delivered personally or by telecopy facsimile; (b) one (1) business day after depositing with such an • overnight courier service or (c) two (2) business days after deposit in the mails, if mailed. A Party may change its address for receipt of notices by service of a notice of such change in accordance herewith. All notices by telecopy facsimile shall be subsequently confirmed by U.S. certified or registered mail. All notices to the City shall be sent to: City of Evanston City Manager 2100 Ridge Avenue Suite 4500 Evanston, Illinois 60201 Facsimile: (847) 448-8083 With copy to: City of Evanston Law Department Suite 4400 2100 Ridge Avenue Evanston, Illinois 60201 • Facsimile: (847) 448-8093 • All notices to Owner shall be sent to: Parc Investment Properties LLC c/o Carroll Properties, Inc. 20 North Wacker, Suite 1625 Chicago, IL 60606 Attention: Robert C. King Facsimile: (312) 332-6028 With copy to: DLA Piper US LLP 203 North LaSalle Suite 1900 Chicago, Illinois 60601 Attention: David L. Reifman & Gpegg S. Graines Facsimile: (312) 236-75 16 ARTICLE 10. DEFAULT/REMEDIES. The failure of a Party to materially comply with its obligations under this Agreement or the material breach of any representation or warranty of a Party hereunder shall constitute a default by such Party. The Party claiming the occurrence of such default shall notify the other • Party of same and shall demand performance by giving the defaulting Party a thirty (30) day written notice specifying the default and this Agreement shall, after such thirty (30) day period, automatically terminate or the non -defaulting Party may file an action for specific performance unless, within such thirty (30) day period (a) the defaulting Party, (i) cures such default, or (ii) commences action to cure such default and completes the curing of such default within a reasonable time or (b) the Party claiming default, in its reasonable discretion, waives the default or grants the defaulting Party a longer period to cure, by written notice to the defaulting Party. In the event that the City defaults with respect to its obligations to make Property Tax and/or Sales Tax Reimbursement Payments to Owner pursuant to Article 4 of this Agreement, Owner shall have the right, in addition to the aforementioned remedies, to pursue an action at law for damages. Said damages shall be strictly limited to the amounts due to Owner pursuant to Article 4 of this Agreement and shall not ir_clude any consequential damages. The City acknowledges that Owner's performance of obligations pursuant to this Agreement are conditions precedent to the City's obligations to make payments pursuant to this Agreement and not obligations giving rise to specific performance or actions for damages. In the event legal action or other proceeding is brought for enforcement of this Agreement or with respect to an alleged breach, default or misrepresentation, the successful or prevailing Parry shall be entitled to recover from the non -prevailing Party its reasonable • attorneys' fees and related costs (including any fees and costs incident to appeals) in addition to any other relief hereunder to which such Party may be entitled. 0 ARTICLE 11. MISCELLANEOUS. A. Covernine Law. This Agreement shall be governed by the laws of the State of Illinois. B. Inteeration. This Agreement contains the entire agreement of the Parties with respect to the transactions contemplated by this Agreement. All prior agreements, negotiations, and understandings are expressly merged herein and superseded hereby. All exhibits of this Agreement are expressly incorporated herein by this reference thereto. C. Severability. Each section of this Agreement, and each sentence, clause or phrase contained in such section, shall be considered severable and if, for any reason, any section, or any sentence, clause or phrase contained in such section, is determined to be invalid or unenforceable, such invalidity or unenforceability shall not impair the operation or affect enforceability or validity of the remaining portions of this Agreement. D. Amendment. This Agreement may be amended by, and only by, a written instrument authorized in accordance with law and signed by both Parties. E. Successors and Assigns. This Agreement shall inure to the benefit of, and be binding upon, the respective successors, and assigns of the City and Owner. • F. Effectiveness of this Agreement. Nothing contained in this Agreement shall be deemed or construed to impose any duty or obligation upon Owner to undertake the development and construction of the Project or any other on -site or off -site improvements or to operate the same. The terms of this Agreement shall only govern the City's reimbursement obligations to Owner . should Owner elect to proceed with the Project and a default under the PD Ordinance shall not constitute a default under this Agreement and a default under this Agreement shall not constitute a default under the PD Ordinance. G. Construction. Section or other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. H. Partnership not Intended nor Created. Nothing in this Agreement is intended nor shall be deemed to constitute a partnership or joint venture between the Parties. I. Time is of the Essence. Time is of the essence of this Agreement and of each and every provision hereof. J. Warranty. By signing this Agreement, the Owner represents and warrants to the City that it is not involved in a bankruptcy and that there is/are no pending litigation or outstanding judgments against the Owner except as disclosed in writing to the City prior to the date of this Agreement. K. Force Maieure. Performance by any Parry hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, restrictive governmental laws and regulations, epidemics, quarantine restrictions, freight embargoes, lack of transportation, labor and material shortages, or other events beyond either Party's reasonable 10 • control. An extension of time for any such cause shall be for the period of the delay, which period shall commence to run from the time of the commencement of the cause, prov_ded that written notice by the Party claiming such extension is sent to the other Parry not more than thirty (30) days after the commencement of the cause or not more than thirty (30) days after the Party claiming such extension could have first reasonably recognized the commencement of &e cause, whichever is later. [Signature Page Follows] • • 11 PT WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth above. CITY OF EVAINSTON, an Illinois municipal corporation By, 64&V, Name: kb�LAiUVA Koss 4 PARC INVESTMENT PROPERTIES LLC, an Illinois limited liability company By: Carroll Properties, Inc., its managing By: _� P Name: Robert C. Its: 7 fU T F an U I T y AAA its: ATTEST By: City Clerk [SEAL] 12 G • LJ • EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY PARCEL L LOT 1 (EXCEPT THE WEST 20 FEET THEREOF) IN CITY CONSOLIDATION N0.1 OF LOTS 1, 2, 3, 4, AND 5 IN CIRCUIT COURT SUBDIVISION OF PARTITION OF LOT 22, BEING A TRIANGULAR PIECE OF LAND BOUNDED ON THE NORTH BY EMERSON STREET, ON THE SOUTHWESTERLY BY EAST RAILROAD AVENUE AND ON THE EAST BY MAPLE AVENUE (EXCEPT 1 ACRE IN THE NORTHWEST CORNER THEREOF) IN COUNTY CLERK'S DIVISION, IN THE WEST i/2 OF THE NORTHWEST/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN; IN COOK COUNTY ILLINOIS, TOGETHER WITH THE WEST 20 FEET OF THE NORTH HALF OF THE VACATED 16 FOOT ALLEY LYING SOUTH OF AND ADJOINING SAID LAND. P Ns: 11-18-112-045-0000 11-18-112-046-0000 COmIVIONLI' KNOWN AS: 1890 Maple Avenue, Evanston, Illinois. A-1 EXHIBIT B • ORDINANCE 30-0-09 [Attached] • • B-1 • 4/7/20C 9 30-G-09 AN ORDINANCE Amending the Special Use for a Planned Development Located at 9890 Maple Avenue In the RP Research Park Zoning District Granted and Amended by Ordinances 45-0-07 and 90-0-08 WHEREAS, on October 1, 2007, the City enacted Ordinance 45-0-07, which granted Carroll Properties, Inc. (the "Applicant"), a Special Use for a Planned Development on the property located at 1890 Maple Avenue (the "Subject Property'), legally described in Exhibit A, attached hereto and incorporated herein by reference; and • WHEREAS, on August 11, 2008, the City enacted Ordinance 90-0-08, attached hereto as Exhibit 6 and incorporated herein by reference, which amended certain terms of Ordinance 45-0-07; and WHEREAS, the Applicant has submitted to the City's Community Development Department proposed amended site plans (the "Amended Plans"), attached hereto as Exhibit C and incorporated herein by reference, that differ from the plans included as Exhibit 2 of Ordinance 90-0-08 as to the commercial space square footage and the number of dwelling units and parking spaces; and WHEREAS, pursuant to Section 9 of Ordinance 45-0-07, the Applicant seeks amendments to Ordinances 45-0-07 and 90-0-08 in order to construct the Planned Development in accord with the Amended Plans; and 30-0-09 WHEREAS, in order to construct the Planned Development in • accord with the Amended Plans, the Applicant does not require any additional relief from the terms of Title 6 of the Evanston City Code, 1979, as amended ("the Zoning Ordinance"); and WHEREAS, at its meeting of March 23, 2009, the Planning and Development Committee of the City Council discussed the Amended Plans and directed staff to prepare an ordinance that would amend Ordinances 45-0-07 and 90-0-08 in accord with the Amended Plans; and WHEREAS, at its meeting of April 14, 2009, the Planning and Development Committee considered the requested amendments to Ordinances 45-0-07 and 90-0-08 and recommended City Council approval of the same; and WHEREAS, at its meeting of April 27, 2009, meeting, the City Council considered and adopted the record and recommendations of the • Planning and Development Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIME CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are found as fact and made a part hereof. SECTION 2: That the City Council hereby accepts the Amended Plans and permits the construction and operation of a Planned Development on the Subject Property, in substantial conformance with the Amended Plans, pursuant to Ordinance 45-0-07, as amended by Ordinance 90-0-08 and this Ordinance, 30-0-09. • -2- • SECTION 3: That, pursuant to the Amended Flans, Section 9 of Ordinance 45-0-07, and Section 3 of Ordinance 90-0-08, the City Council hereby permits the Applicant to build the Planned Development with: (a) no second -floor retail space; (b) approximately nineteen thousand seven hundred square feet (19,700 sq. ft.) of first -floor retail space instead of fifteen thousand five hundred square feet (15,500. sq. ft.); (c) one hundred seventy-seven (177) dwelling units instead of one hundred fifty-four (154); and (d) two hundred ninety- four (294) off-street parking spaces within the building instead of two hundred forty-nine (249). SECTION 4: That, pursuant to the motion adopted by the City Council at its meeting of February 23, 2009, the Applicant shall have until October 1, 2013, to begin, and until October 1, 2014, to complete construction of is the Planned Development as per the terms of Ordinance 45-0-07, as amended • by Ordinance 90-0-08 and this Ordinance, 30-0-09. SECTION 5: That, when necessary to effectuate the terms; conditions, and purposes of this Ordinance, 30-0-09, "Applicant" shall be read as "Applicant's agents, assigns, and successors in interest." SECTION 6: That the Applicant, at its cost, shall record a certified copy of this Ordinance, 30-0-09, including all Exhibits attached hereto, with the Cook County Recorder of Deeds, before the City may issue any permits or licenses related to the construction or operation of the Planned Development authorized by Ordinance 45-0-07, as amended by Ordinance 90-0-08 and this Ordinance, 30-0-09. -3- 30-0-09 SECTION 7: That, except as otherwise provided for in this • Ordinance, 30-0-09, all applicable regulations of Ordina.nces 45-0-07 and 90-0-08, the Zoning Ordinance, and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. To the extent that the terms and provisions of any of said documents conflict with the terms of this ordinance, this Ordinance, 30-0-09, shall govern and control. SECTION 9: That if any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that do not depend upon the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 9: That all ordinances or parts of ordinances in conflict • herewith are hereby repealed. SECTION 10: That this Ordinance, 30-0-09, shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. —4— • 30-®-09 Introduced: C-� , 2009 Approved: s Adopted: '� 2009 tok g 2009 �orraine H. Morton, Mayor Zodn ey Gy€ene, Z�ity Clerk • • Approv to form: e�-�e Tober-Ffi e Ind First Assistant Corporation Counsel -5- LEGAL DESCRIPTION PARCEL 1 : 30-0-09 LOT 1 (EXCEPT THE WEST 20 FEET THEREOF) IN CITY CONSOLIDATION N0.1 OF LOTS 1, 2, 3, 4, AND 5 IN CIRCUIT COURT SUBDIVISION OF PARTITION OF LOT 22, BEING A TRIANGULAR PIECE OF LAND BOUNDED ON THE NORTH BY EMERSON STREET, ON THE SOUTHWESTERLY BY EAST RAILROAD AVENUE AND ON THE EAST BY MAPLE AVENUE (EXCEPT 1 ACRE IN THE NORTHWEST CORNER THEREOF) IN COUNTY CLERK'S DIVISION, IN THE WEST '/ OF THE NORTHWEST % OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN; IN COOK COUNTY ILLINOIS, TOGETHER WITH THE WEST 20 FEET OF THE NORTH HALF OF THE VACATED 16 FOOT ALLEY LYING SOUTH OF AND ADJOINING SAID LAND. PINS: 11-18-112-045-0000 11-18-112-046-0000 COMMONLY KNOWN As: 1890 Maple Avenue, Evanston, Illinois. • • • 0 EXHIBIT B r1 U ORDINANCE 90-0-00 -7- 30-0-09 30-0-091 EXHIBIT E Page I of 25 • 7/23/2008 AN ORDINANCE Amending the Spacial Use for a Planned Development Located at 1890 Maple Avenue In the RP Research Park Zoning District Granted by Ordinance 45-0-07 WHEREAS, on October 1, 2007, the City enacted Ordinance 45-0-07, attached hereto as Exhibit 1 and incorporated herein by reference, which granted Carroll Properties, Inc.. (the "Applicant"), a Special Use for a Planned Development on the property located at 1890 Maple Avenue (the "Subject Property"), legally described in Exhibit A of Ordinance 45-0-07; and WHEREAS, Section 8 (L) of Ordinance 45-0-07 requires the • Applicant to "use all commercially reasonable efforts to locate an appropriate grocery/food store tenant for the first -floor retail space" of the proposed Planned Development granted by the terms of said ordinance; and WHEREAS, the Applicant has submitted to the City's Community Development Department proposed amended site and landscape plans (the "Amended Plans"), attached hereto as Exhibit 2 and made a part hereof, that differs from the site plan included as Exhibit B of Ordinance 45-0-07; and WHEREAS, the Applicant warrants that it created the Amended Plans in order to conform to the business needs of Trader Joe's, a commercial grocer and potential tenant for the aforementioned first -floor retail space; and is 30-0-091 EXHIBIT B Page 2 of 26 • 30-0-G8 WHEREAS, the Applicant warrants that Trader Joe's will not enter into a lease for the first -floor retail space unless the Planned Development is constructed in accord with the Amended Plans; and WHEREAS, in order to effect construction of the Planned Development in accord with the Amended Plans, the Applicant seeks amendments to Ordinance 45-0-07 and relief from some of the terms of Title 6 of the Evanston City Code, 1979, as amended ("the Zoning Ordinance"); and WHEREAS, at its July 28, 2008, meeting, the Planning and Development Committee of the City Council considered amendments to Ordinance 45-0-07 and recommended City Council approval of the same; and WHEREAS, at its August 11, 2008, meeting, the City Council • considered and adopted the record and recommendations of the Planning and • Development Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: a part hereof. SECTION 1: That the foregoing recitals are found as fact and made SECTION 2: That the City Council hereby accepts the Amended Plans and permits the construction and operation of a Planned Development on the Subject Property, in substantial conformance with the Amended Plans, pursuant to Ordinance 45-0-07, as amended by this Ordinance 90-0-08. -2- 30-0-09 f EXHIBIT B Page 3 of 25 90-0-08 • SECTION 3: That, pursuant to the Amended Plans and Section 9 of Ordinance 45-0-07, the Applicant will not build commercial space on the second floor. Said reduction in retail space: (a) increases the maximum number of dwelling units from one hundred fifty-two (152) to one hundred fifty-four (154); (b) changes the number of off-street parking spaces enclosed within the building from two hundred sixty-nine (269) to two hundred forty-nine (249); and (c) eliminates the need for forty-four (44) off -site, off-street parking spaces. SECTION 4: That the City Council hereby amends the condition set forth in Section 8 (J) of Ordinance 45-0-07 to read as follows: (J) Trucks longer than thirty feet (30') making deliveries to or moving residents into the Subject Property shall not be permitted to use the private drives within the city block located in Evanston bounded to the north by Emerson Street, to the east by Maple Avenue, to the west by Oak • Avenue, and to the south by University Place ("the Block"), except for any first4loor retail grocer tenant, which may receive such deliveries from trucks not to exceed sixty-two feet (62') in length. The retail grocer tenant shall endeavor to neither schedule nor accept deliveries by trucks longer than thirty feet (30') between the hours of 7:00 a.m. and 9:00 a.m. and the hours of 4:00 p.m. and 6:00 p.m. on any day other than Saturday or Sunday. When accepting a delivery from any truck longer than thirty feet (30% the retail grocer tenant shall employ a flag person to assist the truck driver maneuver between the private drive(s) and University Place. SECTION 5: That, pursuant to Section 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the grant of the amendments to the Special Use for a Planned Development: (A) At its sole cost and expense, the Applicant shall create engineering plans for, and thereafter construct, any modifications to the curb, sidewalk, or parkway necessary to accommodate the construction of the Planned Development authorized by the terms of Ordinance 45-0-07, as amended by this Ordinance 90-0-08, Said plans shall be subject to review and approval by the City's Public Works Department. • —3— 30-0-09 f EXHIBIT E Page 4 of 25 90-0-08 • (E) The Applicant shall pay to the City annually, prior to December 31 st of each year, the sum of four thousand five hundred dollars ($4,500.00). Said money shall replace revenue lost due to the removal of two (2) metered parking spaces on university Place in order to allow construction of the Planned Development authorized by the terms of Ordinance 45-0-07, as amended by this Ordinance 90-0-08, The annual fee shall be adjusted to match any change, enacted by the City Council, to the parking meter rate for the district wherein the Subject Property is found. SECTION 6: That, Section 6-3-5-15 (A) of the Zoning Ordinance notwithstanding, the Applicant shall have until October 1, 2010, to begin, and until October 1, 2011, to complete construction of the Planned Development as per the terms of Ordinance 45-0-07, as .amended by this Ordinance 90-0-08. SECTION! 7: That, when necessary to effectuate the terms, conditions, 'and purposes of this Ordinance 90-0-08, "Applicant" shall be read as • "Applicant's agents, assigns, and successors in interest." SECTION 8: That the Applicant, at its cost, shall record a certified • copy of this Ordinance 90-0-08, including all Exhibits attached hereto, with the Cook County Recorder of Deeds, before the City may issue any permits or licenses related to the construction or operation of the Planned Development authorized by Ordinance 4.5-0-07, as amended by this Ordinance. SECTION 9: That, except as otherwise provided for in this Ordinance 90-0-08, all applicable regulations: of Ordinance 45-0-07, the Zoning Ordinance, and the entire City Code. shall apply to the Subject Property and remain in full force and effect with. respect to: the use and development of the same. To the extent that the terms and provisions of any of said documents conflict with the terms of this ordinance, this Ordinance 90-0-08 shall govern and control. -4- 30-0-091 EXHIBIT E Page 8 of 26 90-0-08 SECTION 10. That if any provision of this Ordinance 90-0-08 or application thereof to any persona or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that do not depend upon the invalid 'application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 11, That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 1°2: That this. Ordinance 90-0-08 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:.- ,.2008 Approved: Adopted: t if i , 2008 , 2008 Loraine H. Morton, Mayor A / R9dney eene, City Clerk Approved s to form: - Elk=Tober-Ze::, I First Assistant Corporation Counsel -5- u • • -091 EXHiSI ° E Page S of 25 90-0-08 ~6— • 9/2412007 6/26/2007 6/18/2007 5118/2007 Granting a Special Use for a Multifamily Residential and Commercial Mixed -Use Planned Development with Accessory Farming Lcowcated at 1890 Maple Avenue In the RP Research Park Zoning District WHEREAS, Carroll Properties, Inc., contract purchaser (the "Appiicant"), with permission from 1890 Maple, LLC, owner of the properfif located at 1890 Maple Avenue (the "Subject Property") legally described in Exhibit A, attached hereto and made a part hereof, submitted a completed application on December 5, 2006, pursuant to the provisions of Title 6 of the • Evanston City Qode, 1979, as amended, ("the Zoning Ordinance"), specifically, Section 6-3-5, "Special Uses", Section 6-3-6, "Planned Developments"; Section 6-1.2-2-3, "Special Uses in the RP Research Park District"; Section 6-12-1-7 (D), 'Mandatory Planned Development Minimum Thresholds"; and Section 6-12-2-8, "Building Height", for a special use to permit the construction and operation of a multifamily residential and commercial mixed -use planned development with accessory parking at the Subject Property; located in the RP Research Park Zoning District ("R€' District"); and WHEREAS, the Applicant sought approval for approximately one hundred fitiyAwo (152) dwelling units, a maximum defined building height of approximately one hundred fifty-eight feet (158'), approximately forty thousand • 30-0-09 J EXHIBIT E Page 6 of 25 • 45-0-07 square feet (40,000 sq, ft.) of commercial space, a defined gross floor area (excluding parking. loading, storage, mechanicals, and uses accessory to the building) of approximately one hundred eighty-three thousand, nine hundred twepty-seven square feet (183,927 sq. ft.), resulting in a floor area ratio of approximately four and 93/100 (4.93), and approximately two hundred sixty-nine (269) off-street parking spaces enclosed within the building and forty-four (44) off -site off-street parking spaces; and WHEREAS, the Plan Commission held public hearings on the application, case no, ZPC 07-01 PD. pursuant to proper notice, on February 21. 2007, March 14, 2007, and April 11, 2007, heard testimony and received other evidence, made verbatim transcripts and written findings, and recommended that • the City Counc il. approve, the application: and WHEREAS, construction of the Planned Development, as proposed in the application, requires an exception from the strict application of the Zoning Ordinance pertaining to maximum building height; and WHEREAS, pursuant to Sections 6-3-64, 6-3-6-5, and 6-3-6-6 of the Zoning Ordinance:, a planned development may provide for development allowances and modifications to sine development allowances that depart from and/or exceed max'imurn building height restrictions and other regulations established in the Zoning Ordinance, subject to approval of the City Council; and WHEREAS, the Plan Commission's written findings state that the application for the proposed planned development meets the standards for special uses indicated in Section 6-3-5-10 of the Zoning Ordinance; adequately -2- 30-0-09 / EXHIBIT B Page S of 25 45-v-07 • addresses the general conditions for planned developments in RP District Indicated In Section 6-12-1-7 (A) of the Zoning Ordinance; adequately addresses the site controls and standards for planned developments in RP District indicated in Section 6-12-1-7 (6) of the Zoning Ordinance; and adequately addresses the development allowances for planned developments in the RP District indicated in Section 6-1.2-1-7 (C) of the Zoning Ordinance; and WHEREAS, the Plan Commission recommended approval of the application for a special use for a planned development; and WHEREAS, `at its May 29, and June 11, 2007 meetings, the Planning and Development Committee of the City Council considered the record in Case No. ZPC 47-01 PD; and WHEREAS, -at the May 29, 2007 meeting of the Planning and Development Committee, the Applicant • p pp proposed that the second floor of commercial retail space be optional; and WHEREAS, at its June 11, 2007 meetings, the Planning and Develoornent Committee. adopted. the findings and recommendations of the Plan Commission, and recornmended:approval by the City Council; and WHERIGAS,. the City Council, at its June 11, June 25, July 9, and September 24 2007 meetings,: considered, amended, and adopted the respective records and recommendations of the Plan Commission and the Planning and Development Committee, as,amended; • ft3-- I 30-0v00 f EXHIBIT B Page 10 of 25 0 45-Q-07 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOL{ COUNTY, ILLINOI s: SECTION 1, That the foregoing recitals are found as facts and made a part hereof. SECTION 2: That the City Council hereby finds that the special use for a multi -family residential and commercial planned development with accessory parking in the RP District, applied for in case no. ZPC 07-01 PD, as approved, meets the standards for special uses in Section 6-3-5-10 in that, among other reasons: (A) Planned developments are a listed special use in the RP District; (i3) The requested. special use is in keeping with purposes and polices of the Comprehensive General Plan ("CGP") and the Zoning Ordinance. • (C) The proposed- planned development will not cause a negative cumulative effect,on Various special uses of all types in the immediate neighborhood and the City- as a whole In that the site is an .appropriate location for multi- farnily residential -With -ground floor retail and has adequate capacity for off- street parking and loading; (D) The proposed planned development will not interfere with or diminish the value of propetty in. the neighborhood in that it will replace a nearly vacant office building with a structure containing mixed residential and retail uses of an appropriate scale, density, design, and materials; (E) The proposed .planned development can be adequately served by public facilities and services; (F) The proposed planned development will not cause undue traffic congestion and the AppiicanYs donation of one hundred fifty thousand dollars ($150,01.00.00) toward the costs of signal modernization and coordination within the. Emerson corridor from Elgin to Asbury will improve traffic circulation; and (G) It will comply with all other applicable requirements, except as modified by this Ordinance 45-0=07, in that this Ordinance is conditioned upon construction. and operation of the subject planned development in accordance with all applicable requirements. +�y 30-0-091 EXHIBIT E Page 11 of 25 45-0-07 0 SECTION 3: That the City Council hereby finds that the special use for a multifamily residential and commercial mixed -use planned development With accessory parking :in the RP District, applied for in case no. ZPC 07-01 PD, as approved, meets. the general conditions for planned developments in the RP District in Section 8-1.2-1-7 (A) in that, among other reasons: (A�) The proposed planned development, to be built in a transition area along a major thoroughfare, is compatible with the surrounding environment; .(B) The proposed land use .is compatible with the Zoning Ordinance and the City's Comprehensive General Plan ("CGP"); (C) The proposed land use intensity is consistent with the Zoning Ordinance and the CGP; (D) The proposed housing is consistent with the Zoning Ordinance and the CGP; (E) The proposed planned development will not cause undue traffic congestion and .the Applicant's donation of one hundred fifty thousand dollars ($150,000.00) toward the costs of signal modernization and coordination within the Emerson corridor from Elgin to Asbury will improve traffic circulation; (i=) The proposed planned development can be adequately served by public facilities and services; (G) . The .proposed planned development is consistent with the City's Design Guidellhes for Planned Developments in that it is consistent with transit - oriented developmen t,. given 'the site's proximity to the METRA and CTA stations, and the. Applicant is commended for seeking LEED (Leadership in -Energy and Environmental Design) certification for the building; and (H) The project.will enhance the taxable value of the Subject Property in that it will replace a vacant office building in a prominent corner of the Research Park. The mixed residential and ground floor retail use should stimulate economic revitalization of the retail environment at this northern edge of downtown and along the Emerson corridor by providing retail spaces and increased pedestrian traffic from the residential use. • -5- 30-0-091 EXHIBIT B Page 12 of 25 • 4 5-0-07 SECTION 4s That the City Council hereby finds that the special use for a multifamily residential and commercial mixed -use planned development with accessory parking in the RP District, applied for in case no. ZPC 07-01 PD, as approved, meets the site controls and standards for planned developments in the residential District in Section 6-12-1-7 (6) in that, among other reasons: (A) The Subject Property is approximately thirty-seven thousand, two hundred eighty-three square feet (37,283 sq. ft.), exceeding the established minimum of�nineteen thousand five hundred square feet (19,500 sq. ft.); (B) The Applicant will construct sidewalks with landscaping along the Emerson Street and Maple Avenue frontages in substantial compliance with the Development Plans;. attached hereto as Exhibit B and made a part hereof; (C) The proposed planned development will not cause undue adverse affects on residential parking uses due to the accessory off-street parking; • (D). The proposed planned development shall provide minimum hazards to vehicular and pedestrian traffic; and (E) The Applicant, at its sole cost and expense, shall, if feasible, bury the existing utility lines that serve the Subject Property. SECTI©[d 5 That the City Council hereby grants the application in ca-se no:. ZPC 07-01 PLY, for a special use for planned development to allow construction and operation of a multifamily residential and commercial mixed -use planned development with accessory parking on the Subject Property, legally described in Exhibit. A, attached hereto and made a part hereof, with approximately one hundred fifty-two (152) dwelling units, a maximum defined building height -of approximately one hundred fifty-eight feet (158'), approximately •forty thousand square feet (40,000 sq. ft.) of retail commercial space and approArnately ltwo hundred shay -nine (269) off-street parking spaces enclosed within the building and forty-four (44) off -site off-street parking spaces. -6- 30-0-09 f EXHIBIT B Page 13 of 25 45-0-07 . • SE(bTJON 6: That an exception to site development allowances is essential to achieve one or more of the public benefits set forth in Section 6-3-6- 3, the Council hereby. ends that granting the special use for a planned development in case no. ZP'C 07-01 PD will provide the following public benefits: (Al Enhancement of desirable site characteristics and open space by improving the existing streetscape along Emerson Avenue and creating a public plaza area at the gateway to Downtown Evanston; (6) Excellent architectural features and design sensitive to the area; (C) Provision of .a variety of housing types in accordance with the City's housing goals, specifically rental housing near downtown; (D) Elimination of a blighted, vacant office building through redevelopment, replacing.it with residential and retail use; (E) Commercial and residential development that will enhance the local economy and strengthen the retail and real estate tax base; (F) Efficient use of the land resulting.in more economic networks of utilities, • streets, schools, public grounds, buildings, and other facilities; (G) Substantial incorporation of generally recognized sustainable design practices and/or building. materials to promote energy conservation and improve environmental quality, specifically LEED certification. SI=CTION 7: Pursuant to the terms and conditions of this Ordinance, the authority to exceed the following site development allowance is hereby granted: (A) To allow a Maximum defined building height of approximately one hundred fifty -eighty-eight feet (158'). Section 6-12-2-8 of the Zoning Ordinance otherwise permits a maximum height in the Research Park District of eighty-five feet (05'). Section 6-12.1-7(C) allows for a height increase over that otherwise permitted to achieve the building density desired in the Research Park Master Plan. (a -7- 30-0=99 / EXHIBIT B Page 14 of 25 45-0-07 SECTIONS: That, pursuant to Section 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the grant of the requested special use for a planned development: (A) The Applicant shall construct the planned development approved hereby in substantial conformance with the terms and conditions of this Ordinance, all other applicable legislation and requirements, and in accordance with Applicant's representations to the Site Plan and Appearance Committee, Plan Commission, Planning and Development Committee, and City Council. In the event that applicant's representations to the foregoing bodies conflict with the terms of this Ordinance, the Ordinance shall govern.and control in all such instances. (B) The Applicant, .at its sole cost and expense, shall construct and/or install sidewalk and landscaping along the Emerson Street and Maple Avenue frontages in substantial' compliance with the Development Plans, attached hereto as Exhibit B and made a part hereof. (C). The Applicant, at its sole cost and expense, shall, if feasible, bury the existing utility lines that serve the Subject Property. The Applicant shall • restore any landscaping disrupted by such work to its condition prior to commencement of such work. JD) The Applicant shall employ unbalanced glazing to reduce noise transmission to the. Subject Property. (E) The Applicant shall use thermally broken frames for all exterior glazing to reduce noise transmission to the Subject Property. (Fji The Applicant shall construct all south -facing balconies with concrete fronts and solid glass railings to enclose the ends of said balconies to reduce noise transmission to the Subject Property. (G) .. The Applicant. shall construct all south -facing walls, except for any ..associated glazing, with poured -in -place concrete and masonry to reduce noise transmission to the Subject Property. (H) The.. Applicant -shall articulate the bottom faces of any south -facing balconies that project from the building with a decorative pattern to reduce noise transmission to the Subject Property and enhance the appearance of the proposed planned development. , —13— 30-0m09 f EXHIBIT E Page 15 of 25 4 5-0-07 46 (1) Prior to issuance of a building permit, the Applicant shall execute and deliver to the owner of the' property located at 1001 University Place in Evanston, Illinois, a recordable notice recognizing the concerns regarding noise emanating from the rooftop of 1001 University Place, (J) Trucks longer than thirty feet (30') making deliveries to or moving residents into the Subject Property shall not be permitted to use the private drives within the city block located in Evanston bounded to the north by Emerson Street, to the east by Maple Avenue, to the west by Oak Avenue, and to the south by University place (`the Block"). (K) prior to issuance 'of a temporary certificate of occupancy, the Applicant shall provide a modification to the existing service drive easement for the Block to:. (1) widen said drive from seventeen feet (17') to twenty-one feet (21') to allow for two (2)-lane operation and unproved truck access to the 'Block: and (i) transfer .:snowplowing responsibility from the owner of the property located at 1001 University Place in Evanston to the Applicant. (L) The Applicant; for a nine (9)=month period from the date of the Ordinance, shall use all commercially :reasonable efforts to locate an appropriate groceryffbod.store tenant for the first floor retail space of the Project (the "First Floor Space"). On a, monthly basis commencing on the date of this Ordinancei the Applicant shall- provide the City Manager with a written • summary. of Its- efforts to locate and secure a grocery/food store user for the First Floor Space. In the event the Applicant is not able to lease the First Floor Space to a grocery/food store user by the expiration of such nine (g)-month period, the Applicant shall: (i) continue to provide the City with monthly updates summarizing the Applicant's efforts to find an end user(s) for the First Floor Space; and (ii) be permitted to lease the First Floor Space to any other commercial, office or retail tenant permitted by the applicable terms of the Zoning Ordinance; provided however, without the City's prior consent, for a period of ten (10) years commencing on the date of this Ordinance, no portion of the First Floor Space shall be occupied by a Convenience Store as such term is defined in the Zoning Ordinance in effect as of the date hereof. SECTION 9: If. the Applicant determines that retail use for the second -floor commercial .space is not viable, the Applicant shall use carhmercialty reasonable efforts to cause such second -floor space to be used for other commercial or once uses. If the Applicant determines that a commercial or office use for the second -floor space is not viable, then the Applicant, 0 Z?z Page 16 of 25 • 45-O-07 notwithstanding anything to the contrary contained in this Ordinance, shall have the option to t:onstruet additional residential units instead of the second floor of commercial space and, in such event, to modify the number of parking spaces and loading spaces provided for the Subject Property to satisfy the applicable requirements of the Zoning Ordinance, as determined by City staff during the permitting process. The. Applicant must exercise said option prior to installing a foundation on the Subject Property or forfeit said option. . SECTION 19: Should the Applicant convert the residential units provided for herein from.rental to owner -occupied, the planned development: (A) shall be deemed a covered development as defined in Section 5-7-3 of the City Code; and (B) shall be subject to all requirements of the Inclusionary Housing Ordinance • as defined in Title 5, Chapter 7 of the City Code. SECTION 11: When necessary to effectuate the terms, conditions, and purposes of this Ordinance, "Applicant" shall read as "Applicant's agents, assigns, end successors irr interest." SECTION- 12: That the Applicant shall record a certified copy of this Ordinance, at Its cost, Including all Exhibits attached hereto, with the Cook County Recorder of Deeds, before the City may 'issue any permits related to the construction of the proposed planned development hereby authorized. -. _.._ 30-0-09 f EXHIBIT B .Page 17 of 26 45-0-07 SECTION 13: if any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidilnj shall not affect other provisions or applications of this Ordinance that tan be given effect without the invalid application or provision, and each invaBid provision or invalid application of this Ordinance is severable. SECTION 14: That all ordinances or parts of ordinances in conflict herewith: are hereby repealed. SECTION IS- That. this Ordinance shall be in full force and effect from and alter its passage, approval, and publication in the manner provided by lave. SECTION 16: Except as otherwise provided for in this Ordinance, all applicable regulations of the Zoning Ordinance shall apply to the Subject Prroperty and remain in full force and effect with respect to the use and development of the same. Introduced: ., 2007 Approved: Adopted:, 2007 .2007 Attest Mary r ; ity Gferk. f r f Lo i e H. Morton, Mayor Ap:)r : ed as to fo Hews rt D. Hill First Assistant Corporation Counsel _11,- • C� • ...30-0-091 EXHIBIT B Page 13 of 26 • 45-0-0i7 EXHIBIT A LEGAL DESCRIPTION OF 189D MAPLE AVENUE IJ_1'>I LOT 1 (EXCEPT THE WEST 20 FEET THEREOF) IN CITY CONSOLIDATION NO.1 OF LOTS 1, 2, 3, 4,. AND 5 IN CIRCUIT COURT SUBDIVISION OF PARTITION OF LOT 22, BEING A TRIANGULAR PIECE OF LAND BOUNDED ON THE NORTH BY EMER_$ON STREET, ON THE SOUTHWESTERLY BY EAST RAILROAD AVENUE AND ON THE EAST BY MAPLE AVENUE (EXCEPT 1 ACRE IN THE NORTHVIIES T CORNER THEREOF) IN COUNTY CLERK'S DIVISION, IN THE WEST '/z OF THE NORTHWEST '/4 OF SECTION 18, TOWNSHIP 41: NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN; IN COOK COUNTY ILLINOIS, TOGETHER WITH THE WEST 20 FEET OF THE NORTH HALF OF THE VACATED 16 FOOT ALLEY LYING SOUTH OF AND ADJOINING SAID LAND. • • -12- 30-0-09 ! EXHIBIT B Page IS of 25 EXHIBIT B DEVELOPMENT PLANS -13- 4 5-0-07 • n U • 30-0-09 / EXHIBIT B Page 20 of 25 MAPLE AVENUE d - a ''s....}..._. ' Lu 1A.gt OPX AVENUE to A n w jlJ''t -CL A Lu i v _ t } 1033 UNIVERSITY RACE 1001 UNIVER I;Y PLACE � � 1 f� UNIVERSITY PLACE >% ;trl rtK� I1190 NAM" , t\VF;NUL !11r -61 o..`Ri+<i :RilJilyjl ni::'a y�T:l �2:1 Y1;iK �lMl It FU431; .. UZ, le-,f 44i m 30-0-09 l EXHIBIT 8 Page 22 of 25 0 90-0-08 • • EXHIBIT 2 AM ENDEO IPILANS -7- Irmo. 0 6 Cl) • ........... 1-1 1 � ( Mwvalm anmawivo uj I-- 30-0-09 / EXHIBIT B - - _ ' `:y_ .� .s�,::: 'ICJ r .{(--�� 4.. - •.�. ' �t T' — ' { • ,. e),r'7 s 1gac3isi, iii . :rtllr011''. r llA,! - .. i fI Y �. is �- j ;�. a _i.. l.. _ _ _.."_t�iYrJ•.. �.1 t Iy. A EMIAY y., i.' l•'�1._ «.. .. ., .... _- _ t .`�_.. -. .. ... . ..1.= :S I 4", R.I.) I .n 1ST FLOOR PLAN 111rA M',1:1 I pS e1Rt:! IITV.. 11S Page 24 of 25 rem.mro +�mioaw 1�7 nXOM e , COCOLMON f" 1 cwme P!1!!vRi:14Sl+x" i„1ar11i �bRY A1.01 yeY:ay • 0 0 0 w r+�Nobs eye - W.r�thwdi `1r.�.raart CAM .w�In lypa� I wl�c.w �.rpaliw rrmw.i.M �d a�w�emM wYNw Ih.+mht0•.hMk�in.�1 I ,wjy�.���y y Abe.t.rw.i.�waA srM.uv ullm..em n� Wiin.•Y s vn�Km,p .aA .f'V m .rsr ..emu• are.arauaa ...mw 4nN.YwfaW YM.Y �.�Ara.w.•a..�.mA.Aa, r.Wr.w.r.wrwrr..w....m..tw.r• •...+. CL p�...ft`.r..'..�m..e.w.wa..v�.........ae...t. Y.n..ttt.t.•.strtaa•w.wmnr.,.+w+..f.x...A,w.IN nt»w.<t. w m rtnan r...nro.erm.wu...rr .e.rzvauaw.ue«w•. f eO1vwtA"x:t.w rim+'w.r�.rn.'.m'�in'etwi�t�nwa`a.A�'e'n'v m�rrws xf.�M..narm " ..M °�,'mO."'h�i ' sm..+a,•v.. e,n.aaluwwrnm..+me s� �.nic V f>�M. W�M„.'wbwHtyM�tooMMi 'iwwm �enaN r�s tu1� wlwl n•. K•+�TI�..r.�V N�!1+. w..eN1V . I�.a.YeArA•.r4•erflt:at• K rwhh •w�.n . �Ypttlwr,~wtnM vtw.m Nu•�ueNwn.•Mate g .�a�.aa.r•.evwax.q www wfum.n.w ..sm.n ....+. w-.m ...N.a Nm. a`wadim's• • �M1M{M ' w•wtwq+•trtr � .. LU .m.m'aYL.��.� ,� w.rr ta�ri�r•a •�.-1.i�9�� - �.. �Mmwr1.•At M.._. _ rwws �. b6eE.. VY lG . -' wrsPc rs..�.ra ww5r.,l1_[LL 0-- .tea 'fie �d errtmat ewe+ . •etw naat. ,t Z..m.� — .4 --;4Qj89� a .•I.NI..mM .aw.n• »t•w�or••ue.w.va trowt•t.w w�i�.a�1w•�� �•awi�t'•w~awrrwi •ww•Iitpt�YrlwgY I�A�r.aa w�e,rwwwMrwalww 1t.N MIY Mkt NMMMn Irwt h� � � uwww'rtw wutmrrs® owwni /'.1C� lytlt n.Y Rlla aerN. t�.,:.�.ww,..w.•�.w�.�,r,r rr wtwai�M lairwlowi:rw4rwar.� i ..f>At•� nasw.•twww.rwa ru•wn rrwY.�,t.e..t>rs t wia�ta awiwiuir � +en rY.��W �r�Iw�MIr w�lm�l r prrM,•wwl•wYi•tOt. ter04 .li.rm A•r.rl.�t•t•►m t•.wtw O�n.rrw�oua r.• tww......w.w.uw.w.....r...ti.. rwwn. +.uru•w ww.r.hrmvNs .. �� iW.tlaWlYtuiwMfw•tl. .•r1r•r wttti r MtwMWif wrtt.raerrmw fpMl reaweroma KA"Mattm, � ..rw vArao•ax«,wxio. U I� w Y T �tTZGER1sI U - � wu�i e � FIRST FLOOR, LANDSCAPE PLAN • L1 30-0-09 0 EXHIBIT C AMENDEDPLANS -8- • 30-0-09 w M z F=Gmk= ,raam PRELIMINARY USE ONLY aurA 0 Page I of 6 MtMiUN tj I Ktt I avvm vw =pAN&= nnaN film 1111 / I ry UNIVERSITY PLACE ZONING/BUILDING SUMMARY/ SITE PLAN R-3 0 EXHIBIT C 30-0-09 {gage 2 of 6 EXHIBIT C C C i i �I IW .Z I� •W I� a I~ 0 �EMERSON STREET Frn.:G>; ""I �ss0ctnrt:s PRELIMINARY .USE ONLY EAST ELEVATION,- BUILOINO PROF.ILE':; ' f` e:, .. vlwernFs�nttroaen V-02 0 0 0 0 0 30-'0-09 Page 3 of 6 0 . W m i I I II -- II .Frj7.GvtR,ALD PRELIMINARY V'9:*E ONLY illl."T T 68WLWN, GSECTION* 0 EXHIBIT C MAPLE AVENUE Ln-T7 A3-01 COMMERCIAL & REOVENT AL EMERRON STREET PAMMG EUTEU EW n A F ..:FAG60jM -6dk-'tl'7-sk.PRL- LIM INARY USE ONLY AItCH1TF..(_7, Page 4 of 6 PLAN J ST.... EXHIBIT C Fmc , BEDROOM 2 BEDROOM AW"M CRISI a" PARKWG PETAL r- m- SERVICE 0 'gmuMT Al-01 "Mao 0 0 0 30-0-09 Page 6 of 6 rA1 «°" THIS DRAWING IS INCLUDED AS TYPICAL OF FLOORS 2-6 IN ITS GENERAL CONFIGURATION AND IS NOT INTENDED TO PRECISELY REPRESENT ANY SPECIFIC FLOOR, INCLUDING FLOOR 2. EXHIBIT C 30-0-09 Page 6 of 6 M EXHIBIT C (TI , THIS DRAWING IS INCLUDED AS TYPICAL OF FLOORS 7-14 IN ITS GENERAL CONFIGURATION AND IS NOT INTENDED TO PRECISELY REPRESENT • ANY FLOOR. • EXHIBIT C • FINANCIAL ANALYSIS [Attached] • • C-1 1890 Maple • Redevelopment Agreement Exhibit C (Part of) Recalibrationn Methodology The Developer has represented to the City that public assistance is required due to the Developer's inability to achieve certain market returns on investment. The Developer's "threshold" returns and expected returns without City assistance are attached as part of Exhibit C (the "Project Financing Assumptions"). These calculations were based upon certain revenue, cost and financing assumptions prepared by the Developer and reviewed . by the City and Kane McKenna Associates at the time of the approval of this Agreement. The Developer is required to present updated Project Financing Assumptions to the City in a format similar to Exhibit C, no later than 60 days after the Developer has obtained its construction financing. The City requires the Developer to submit all loan documents provided at the time of lender commitment and subsequent closings. The Developer will use its best efforts to obtain the lender financial analysis. All commercial leases and residential leases for the project shall be made available to the City or its designee for review. The Developer or its agent shall also prepare and submit to the City an updated financial pro forma and a sources and uses statement for the project based on lender commitment, executed leases, • and updated total costs of the project. The updated financial pro forma shall delineate all assumptions made, including but not limited to, updated revenues, construction costs and debt .service payments. It shall also include a certification and warranty from the Developer that the information is materially accurate and complete to the best of his knowledge at the time of submission. Developer shall also make available all financial information requested concerning the project to the City or its designee upon request. The City or its designee also reserves the right to interview the lender's representative and the Developer agrees to arrange if requested. The City then will review the updated Project Financing Assumptions and determine if any adjustments to the Developer incentives (as contained in this Agreement) are required. The City shall undertake such review within 60 days of the Developer's submission of the updated Project Financing Assumptions. In addition to the updated Project Financing Assumptions, the Developer shall provide to the City copies of its loan commitments, updated market studies, final project budget, appraisals, and such other materials as the City may require in order to complete its analysis. The City acknowledges that the information to be provided by Owner constitutes confidential proprietary information the disclosure of which could cause Owner competitive harm; accordingly, the City shall not disclose any such information provided • by Owner or its lenders (other than to such City employees and consultants .as are necessary to permit the analysis contemplated hereby). In no event shall the City property tax assistance and sales tax assistance exceed the amounts set forth in this Agreement. However, if the Developer "threshold" returns are in excess of 13.86%, leveraged return on the total project as provided in Article 3, Section A of their Agreement, the City shall reduce its commitment as follows: 1) If net retail rental rates associated with the grocer tenant exceed $38.00/s.f., the City sales tax incentive shall be eliminated. 2) If the Developer return of 13.86% as defined in Article 3, Section A of this Agreement and calculated in the same methodology as shown in Exhibit C is increased per the return contained herein, the City property tax incentive shall reduce in the amount that, when calculated, equals 13.86%. • • • 2 • 150 North Wader Dr:ve. t 312.444. 1702 5uit;1600 313.4" . 9052 Chicago. Illinois 60606 Executive Summary 1890 Maple Redevelopment Proposal — Prelirninary Public Assistance/Financial Review April 16, 2009 1) Proiect Description The Project components described by the Developer as of April 16, 2009, have the following components: Mote: The Project mix has changed since the January submissions in order to include: proposed 176 residential units and 18,000 s.f. of eomnnerciai space. Proiect Comoonent S%R/€ rn is Expected Absoration Apartments 176 (625 s-.f: to 1,530 s.f.) 2011 to 2012 Commercial 18.000 2011 Total Project Costs $59;828;529, 2) Pronosed City Assi"stance is City order to provide for the implementation of the Project the Developer has requested City participation contingent upon provision of a grocery store tenant: a) $1.900-000 — City `'pay as you go" f1midina in order to increase Project returns. The Developer proposes that this amount can be payable from 50% of the Citv portion of incremental real estate: taxes generated over a 20 year period. The 2007 property valuation is suggested: as the "Base" (similar to TIF) and increases over the Base would be, calculated annually by the City and applied to the repayment of the Developer obligation. b) The grocer tenant, once identified by the Developer, would require asales tax sharing agreement, in an amount not to exceed SI1/s.f. for a 15 year period (the square footage could range from 13,000 s.f. to 18,000 s.f.), utilizing the City's sales 1 % local distributive share of tax receipts. The sales tax rebate is conditioned upon the Developer achieving a $38/s.f grocery store rental rate based upon pro forma analysis submitted. In the event that the grocer is unable to pay the target rental rate; the sales tax rebate would equalize the difference annually over a 15 year lease term, with a "floor" of $27/s.E As an example, if the grocer would sign a lease at $30/s.f. rental rate, the City sales tax rebate would be fixed at $8/s.f. annually. The target rental rate is required to achieve market Project returns. In addition to the grocery store commitment, the Developer proposes that any City • assistance will be contingent upon certain conditions of payment detailed in the Terms Sheet (Section 3) — attached in Exhibit A. Essentially the Developer agrees that the Project must be completed and the Developer mast demonstrate an ooeratinz grocery store, and 60% of rental unit occupancy prior to any City payments. 150 Noah WackerGrwe s 312 . 4. 1702 Suite 1600 F 3 t? ..... 9052 chiccl-go, Illinois 60,606 MEMO • Page 2 April 16, 2009 ■ L i=� 3) Need for Cit-- assistance Project pro formas prepared by the Developer and Laube and Associates, Inc. have been reviewed by Lurie, McKenna and are attached as part of Exhibit A. The pro formas present the Developer's rationale for City assistance. The Developer has indicated that rates of return without City assistance are below market requirements. The inclusion of public assistance will result in returns that are at market thresholds — allowing for both lender and equity investments: Although the return/proflit requirements as presented by the Developer are lower than ranges that we have seen for comparable projects, the key analytical variables are: (i) the basis for revenue estimates, (H) the basis for cost estimates, and (iii) hat will the Project lender require as part of a firm- financing commitment? Given the Developer representations that current market financing criteria have resulted in delays in implementation, is the City willing to assist the Project (based upon projected tax increases or other area wide benefits)? One approach would be for the City to condition its comrinitirent upon review of the. Developer final financing commitment and compar.- its current financial projections to the updated financial projections as reviewed by its Iender. The "contingent" corn,.-nitment would allow the City to undertake due diligence • relating to the Project economics and determine if the City assistance is still required at the time that Project economics are reviewed by its lenders. Proiected Tax Revenues City Portion Lower Ranee ASSurnDtions (Exhibit B) Total/Cumulative Property Taxes (20 years) $2,625,939 50% to the City (20 years) ... $1,312,969 Annual taxes range from $111.000 to $180,000 over 20 years. City Portion Uoner Ranee Assumotions (Exhibit C) Total/Cumulative Property Taxes (20 years) $3,832,855 50% to the City (20 years) $1,932,855 (note:. Developer amount "capped" at $1,900,000) Annual taxes range from $163,000 to $260,000 over 20 years. In comparison, the City's annual property taxes for the property was $19,340 in tax year 2007 and $4-0,000+ in previous years (2004 to 2006) — when the office property was occupied. 0 • Ell is MEMO Page 3 April 16, 2009 School Dist-ict Tax Projections: Lower Ranee Assumotions Grade School District 65 Total Cumulative Property Taxes (20 years) Annual taxes range from $219,000 to $356,000 High School District 202 Total Cumulative Property Taxes (20 years) Annual taxes range from $151,000 to $245,000 Uaoer Ranee Assumotions Grade School District 65 Total Cumulative Property Taxes (20 years) Annual taxes range from S323;000 to $514,000 High School District202 Total Cumulative Property Taxes (20 }fears) Annual taxes range from $223,000 to $35500" Summary — Cif Sales Tad Protections-. 150 Drive suite 1600 Chic ao. Illinois 60606 $5,188,430 $3,581,756 $7.513,100 $5,227,979 r31-7,1,..Ii02 F 31=,224 ,...9052 Developer over 15 years: $2,145,000 City Sales Taxes over 15 years: $878;315 (net of Developer payments) City Liquor Taxes over 13 years: $2,176,787 5) Follow-un Questions The following policy questions require review by the City prior to agreeing to any business points with the Developer. a) The Project generates significant new taxes over current uses; but is the City willing to `dump start" tProjectlarea development through allocation of local taxes? In addition to local tax revenues retained for the. City and schools, what other Project features are important to the City? b) Since no firm financing commitments have been provided by the Developer and underwriting review has not been finalized, the City may want to consider an additional level of review in order to validate the Developer's request for assistance at the time the lender commitment(s) are finalized. The final underwriting criteria would be compared to the Developer pro formas currently submitted (.April, 2009) in order to verify that the City assistance is justified based on updated economics. c) The' City's use* of local property tax 'increment, independent of a TIF designation needs careful review. The City may want to identify policy criteria relating to the use of such a program (limiting such assistance to projects in TIF districts that are terminating or near the termination date). d) The proposed sales tax rebate utilizes over 50% of projected sales tax receipts. However, projected liquor tax receipts provide additional revenue to the City. In the event a prospective user does not generate additional revenues to the City, can the sales tax rebate be adjusted? SAClient FoldcriT-vanstoniDowntown 11 TIRCorrespondcnceTroporl Maple Redevelopment 04.09.09 v? doc Karte7 McKenna and AssOLiates, Inc. MEMO TO: Martin Lyons Dennis Marino Morris Robinson. FROM: Kane, McKenna and Associates, Inc. 150 312 3 .4,. 1702 . ::cite 1 t i 1= .... 4052 11C..:ioo. Ilini_; RE: ISM Maple Redevelopment Proposal, — Preliminary Public Assistance/Financial Review DATE: April 16, 2009 1) Backaroundi'Proiect Descriniion The City of Evanston (the "City") has requested Kane, McKenna and Associates, Inc. ("I NIA") to review certain financial projections and information prepared by the proposed developer of the property located.at 1890 Maple Avenue. CarolI Properties, Inc. or entities formed by it (the "Developer`) will coordinate the development of the project site for mixed use residential apartments, garage and commercial space (the "Project"). Sections 2 to 4 summarize the Developer's request and include preliminary property tax projections. Section 5 identifies policy questions for City review. The Project components described by the Developer as of April 16, 2009, have the following components: Note: The Project mix has elnanged since, the January submissions in order to include: proposed 176'residential units and 18,000.s.f. of commercial space. Project Component Apartments Commercial S.FJUnits 176 (625 s.f. to 1,530 s.f.) 18,000 ExDecied Absorption 2011 to 2U12 2011 11 0 • VAI • • 150 AlorhWicl.er Drive r 31 _ . == . 170, Chicago, Illinois 60606 ME MG Page 2 April 16, 2009 Ceara-elParldna for both uses will also be included as part of the Project. Project Costs Land Acquisition Hard Costs (including site preparation) Soft Costs Total Proposed City Assistance: (vote the City Assistance is Conditioned upon provision of a grocery store tenant. Property Tax Rebate (City share) Sales. Tax. Rebate- (1%b local distributive. share only) Both amounts total 7% of Project costs. $ 4,289,60-4 (7%) $ 51,261.317 (86%) $ 4,277.278 (7 cio) $59,828,259 (100.00 o) 50% of City share of incremental property takes over 20 years not to exceed $1,900,000 Not to exceed $1 Ils.f. of grocery tenant space. (estimated at 13,000 s. f.) or $1431,000 per year over a 15 year terns (cumulative $2,145,000) The Developer has. subntted its residential market study prepared by Appraisal Research Counselors, but no financing commitments for. the Project have been submitted. Cost information, including construction and hard costs is represented to be based upon. construction bcur rently urrently reviewed . by the Developer earlier in the year. The land acquisition costs are based upon the Developer's provision of the property closing statement. 2) DeveloDer Public Assistance Request/City Reouirements In order to provide for the implementation of the Project the Developer has requested City participation contingent upon provision of a grocery store tenant: a) $1,900,000 — City "pay as you go" funding in order to increase Project returns. The Developer proposes that this amount can be payable from 50% Of the Cif portion of incremental real estate taxes generated over a 20 year period. The 2007 property valuation is suggested as the "Base" (similar to TIF) a -rid increases over the Base %mould be calculated annually by the Cit r and applied to the repayment of the Developer obligation. Pei 150 N1erlhWicker Drive : 312 1702 Suite 1600 P 312 ..- 9053 Chicago. 11hrids 60606 14LNtO • Page 3 April 16, 2009 b) The grocer tenant, once identified by the Developer, would require a sales tax sharing agreement, in an amount not to exceed $1I/s.f. for a 15 year period (the square footage could range from 13,000 s.f. to 18,000 s.f), utilizing the City's sales 1% local distributive share of tax receipts. The sales tax rebate is conditioned upon the Developer achieving a $38/s.f. grocery store rental rate based upon pro forma analysis submitted. In the event that the grocer is unable to pay the target rental rate; the sales tax rebate would equalize the difference annually over a 15 year lease term; with a "floor" of $271s.f. •r_s an example, if the cr oeer would sign a lease at $30/s.f. rental rate, the City sales tax rebate would be fixed at $81s.f. annually. The target rental rate is required to achieve market Project returns. The structure described above has been negotiated with the Developer in order to provide for Project tax revenues to return to the City and also eliminate any interest accruals as initially requested by the Developer. • The initial Developer December 11, 2008 proposal (updated on April 16, 2009 per the terms sheet attached in Exhibit A), identifies the following reasons for the request, as well as potential benefits to the City. Significant increases in construction costs due to unanticipated site conditions. Poor soil conditions will require foundation de -watering systems (pumps) and bard pan caisson belling'. More stringent lender underwriting criteria have made it difficult to obtain senior construction debt financing without increased coverage ratios. With City assistance, the Developer anticipates a 13.86% rate of return on its investment which is well -below current market rates of return of 20+% on leveraged/equity basis. 0 • 1't EA10 Page 4 April 16, 2009 ISO Noah Wader Drive 3121 . - :-? . 17 (12 Suite 1600 312.444 9052 Chaim.. Illinois 60606 City assistance would be provided through a combination of local property tax rebates and a City sales tax rebate (for a future grocery store tenant). Utilizing tax comparables, the City's share of new annual real estates frcrn Development is estimated to total approximately $2,62i,00O over 20 years (both apartment and commercial components). Of this amount 501, o or $1,312,000 would be retained by the City. If the Developer's tax estimates are achieved, il:e City could retain. $1,900,000 cumulatively. The Developer estimates that the City will realize approximately $375,000 of building permit fees.. Eased on industry averages, the Developer estimates that the Project % ill create approximately 230 construction job opportunities and- would add new development to the Downtown area. The next section trill revrim on. a oreliminary basis, the Developer's "but for" argument or rationale for public assistance: The. last section of this memorandum «-ill summarize policy questions and requirements for -follow up. 3} Need for Citv Assistance Project pro formas prepared by the Develope►. and Laube and Associates, Inc. have been reviewed by I{ane, McKenna and are attached as part of Exhibit A. The pro fomzas present the Developer's rationale for City assistance. The Developer has indicated that rates of return without City assistance are below market requirements. The inclusion of public assistance will result in returns that are at market thresholds — allowing for both lender and equity investments. Leveraged Return With Citv Assistance Project 13.86% Unleveraged Return With Citv Assistance Project 8.08% Leveraged Return Without Citv Assistance 10.85% Unleveraged Return Without Citv Assistance 7.62% • Although the return/profit requirements as presented by the Developer are lower than ranges that we have seen for comparable projects, the key analytical variables are: (i) the basis for revenue estimates, (H) the basis for cost estimates, and (M) what will the Project lender require as part of a firm financing commitment? 150 NorthWacl;er Dr we T 312. Q-Y=. 1/0' Suite 1600 F 31 2.4�:4 . 9052 Chicano. Illinois 60606 MEMO Page 5 April 16, 2009 One approach would be for the City to condition its commitment upon review of the Developer final financing commitment and compare its current financial projections to the updated financial projections as reviewed by its lender. The "contingent' commitment would allow the City to undertake due diligence relating to the Project economics and determine if the City assistance is still required at the time that Project economics are reviewed by its lenders. One concern relates to the feasibility of the project in its current configuration — project revenues in relation to debt service and operating expenses are negative for 7 to 9 year. Are costs expected to be lower at implementation? What provisions are in place to fund such deficits? Requirements for such deficits would increase equity financing and potentially louver projected returns. Eligible public costs (similar to TIF) could be land acquisition ($4:289,644) and a portion of site preparation costs ($178,000). a) The annual rental prices for units are projected at $2.571s.f2 which is at the higher end of the market study (adjusted for 2011 schedule) but no finance comnutrr,'ents are in place to support underwriting assumptions. b) The Developer's estimate for construction costs appear within cost ranges, but garage numbers are at the higher end due to integration %kith mixed use building components: ::,Retail - .. ._ $109/s.f— . . Garage - $79/s. f Apartments - $209/s.f. (Note: these estimates may reed to be revised as square footage estimates are refined.) . It is important to note that contingencies of $2,441.000 are estimated. If the contingency amounts are not funded or certain costs decrease, the $1,900,000 request is potentially minimized. c) Developer estimated soft costs are 7% of the total costs._ wlueh is at the logger end of comparable projects. • n • KA ISO North WicterDm,F s 312..-. , 1702 su:r 1600 F 312.4= • 90K [hicamo, Illinois 60606 MEMO Page f April 16, 2009 Two concerns relate to the proposed City commitment: 1) in the absence of firm financing corm-nitments, how long would the City need to commit to the Project? Would the commitment track the PUD extension? 2) Does the City contemplate additional services or costs associated with tie Project? If so, are the projected revenue sharing amounts adequate? 4) Preliminary Proiect Tax Protections Exhibit B- includes, City property, tax projections prepared by Kane, McKenna. fr.at incorporate developer assumptions (upper range) and- Kane, McKenna also prepared a loner range set of assumptions, based` on conservative property taxes per unit utilizi-?g comparables. A) Prooerty Tax Proiections — Assunmtions: a) Lower Range and: Upper Range Assumptions include 170' rental units, commercaI space: 18,000 s.f. b) Croti,rth Rates — 2.5% per year, efrective (compounded) at triennial years. c) 2007 City Tax Rate of 1.283% used and held constant over 20 years: d) 2009 County Assessment rate of 10% applied to apartment/residential uses and 25% applied to commercial uses. The 2007 State Equalizer of 2.8439 is then applied to assessed values to estimate the Equalized Assessed Value (EAV). Note: the County is institutin' revised assessment rates. in 2009. The estimates herein are preliminary, pending review of actual County valuation. practices. e) The Developer has proposed that the "base" taxes reflect the 2007 market value (it. is our understanding that these values have been reduced over the last two years due to vacancy in the property). MEMO Page 7 AariI 16.2009 150 North Wicker Drn, T 31' . ,=H . 1702 suite 1600 ; 312 J44 9052 Chicago, Illinois 60606 City Portion LoWer Ra sie Assumi)tions (—Exhibit B) Total/Cum>lative Property Taxes (20 years) $2,625,939 50% to the City (20 years) $1,312,969 Annual taxes range from $111,000 to $190,000 over 20 years. Citv Portion UF3€:e ✓ Range nSs`inl$i�*E3s ( bliflJlt C) Total/Cumulative Property Taxes (20 years) $3,832,855 50% to the City (20 years) $1,932,855 (note: Developer a-T ount "capped" at $1,900,000) Annual taxes range from $163,000 to $260,000 over 20 years. In comparison, the City annual property taxes for the property was $19,340 in tax year 2007 and $40,000= in previous years (2004 to 2006) — when the office property was occupied. Exhibit B and Exhibit C also include estimated property taxes For the two school districts. Lower Range Assumptions Grade School District 65 Total Cumulative Property Taxes (20 years) $5,188,430 Annual taxes range &6m $219,000 to $356,000 High School District 202 Total Cumulative Property Taxes (20 years) $3,591,756 Annual taxes range from $151,000 to $245,000 r � U rUd 1_VIEMO Paae 8 April 16, 2009 150 HortliWacker [)rive sui[e 1600 allu +.1111not, 60606 Uptver Ranee Ass@1Ftli360W Grade School District 65 Total Cumulative Property Taxes (20 years) $7,513,100 Annual taxes range from $323,000 to $514,000 r 312 . 4,4 . 11{' r 312 .4z.n052 High School District 202 Total Cumulative Property Taxes (20 years) $-5 227,978 Annual taxes range from $22'U00 to S355,000 B) Sales Tax Proi ec..tions — Assumtltions: (B hibit D) a) Assume 13,000 s.f. tenant (note:, this�may be revised..based upon actual tenant use, the 13,000 s.£ estimate represents -one possible utilization of the 18,000 s.f. availability). b) Specialty grocer sales of $1,20018:f. -were, utilized including. 85% allocation fbr foodldrug sales and 12% allocation for liquor sales. Actual amounts would. be dependent on review of the grocer's- historical data and any current market studies. c) Annual growth rate estimated at 2.5%. d) Maximum sales tm distribution to the Developer projected at $1110. or $143,000 per year over 15 year proposed sales tax sharing period. This rebate includes only the 1% local distributive share. e) Residua.l sales tax amounts to the City assume: (i) remainder of 1% tax, (ii) home rule 1% tax applied to non food/drug items, and (iii) liquor taxes to the City are estimated assuming that 12% of sales are liquor. Surnmary — Sales Taxes Developer over 15 years: $2,145,000 • City Sales Taxes over 15 years: $578,315 City Liquor Taxes over 15 years: $2,176,787 I So i iortla! aal:er Drive 1312 , 444. 1702 Suite 1.600 f_hic ao, Illinois 60606 r� MEMO Palle 9 April 16, 2009 Id 5) Follow-u n Questions The follwAring policy questions require review by the City prior to agreeing to any business points with the Developer. 1) Since no firm financing commitments have been provided by the Developer and underwriting review has not been finalized, the City may want to consider an additional level of review in order to validate the Developer's request for assistance at the time the lender conimitment(s) are finalized. The final undenwiting criteria would be compared to to the Developer pro formas currently Submitted (April, 2009) in order to verify that the City assistance is justified based on updated economics. To the extent that Project revenues (rentals) expenses, or costs are modified, the Project economics can be significantly affected. Under current assumptions, the Project demonstrates lower range returns, but if assumptions change, the City can "recalibrate" its commitment. 0 2) The City's use of local property tax increment, independent of a TIF designation needs careful review. The City may want to identify policy criteria relating to the use of such a program (limiting such assistance to projects in TIF districts that are terminating or near the termination date). The provision of 50% of property taxes allows the City to retain amounts for any projected services (in addition to sales tax amounts described below). 3) The proposed sales tax rebate utilizes over 50% of projected sales ta-x receipts. However, projected liquor tax receipts provide additional revenue to the City. In the event a prospective user does not generate additional revenues to the City, can the sales tax rebate be adjusted? 4) The Project generates significant new taxes over current uses, but is the City grilling to `'jump start" Project/area development through allocation of local taxes? In addition to local tax revenues retained for the City and schools, what other Project features are important to the City? LJ SAClicni FoldarstEvans:onTotientov-n 11 TIRCorrespondenceTroposal Maple Redevelopment 04.09.09.doc • EXHIBIT A 4� :7 189014UFLE T Eli rvl. S11EET 1. ProiectDescrirtion Carroll Properties, Inc. (the "Developer") intends to redevelop 1990 Maple (the "Property") substantially in accordance with the development plans attached to Ordinance No. 45-0-07 (as amended, the `'Ply Ordinance"). The development plans include, among other things, the right to construct up to approximately 19,700 square feet of ground floor retail space and 177 dwelling units (collectively, the "Project"). The City finds that it would be a significant community benefit for all or a significant portion of r.�1 fi st floor Commemm. sp ace of the Project (the "Grocery Store Space) to be leased to an established Grocery store tenant (a "Grocer"), and to such end, the City is willing to provide financial assistance to the Developer as detailed below. The City assistance will narrow the Project's financial gap, provide the Developer with a rate of return that is closer to market standards, and enhance the Project's financial and underwriting feasibility. 2. ON Assistance A. Real Estate Pronerty Taxes Reimbursement i. knount of Assislance — The City vvill provide a maximum of $1,900,000 of real properly tax assistance to the Developer on a "pay as you go" basis" (the "Property Tax Reimbursement"). The Developer ivf1l not be entitled tthe Property Tax Reimbursement unless and until the conditions for issuance of the Pavment Certificate (as defined in Section 3 below) have been satisfied. ii_ Pai.-ment Source for Properly Tar Relinburserrrent — The City shall make payments to the Developer from 50% of die City's share of the real estate taxes generated by the Property over and above the 2007 Equalized Assessed Value for Permanent Index Numbers 11-18-112-045-0000 and 11-19-112-046-0000 (i.e., $1,507,372) (the "Pledged Property Taxes`'). The Pledged Property Taxes shall be the sole source for the Property Tat Reimbursement, and such obligation shall not be a Reneral obligation of the City. Payments will be made on an annual basis. iii. Terns of Properni Tv Relinburse» rent — The Property Taff Reimbursement shall terminate on the first to occur of (i) 20 years from issuance of the Payment Certificate, and (ii) the maximum Property Tax Reimbursement having been paid to the Developer. • iv. Alternative Form of Payrrrent. for Property Tax Reimbursement I Limited Obligation Arole — At the Developer's election, the City's payment obligation shall be evidenced by a tax-exempt, home rule revenue note in the principal amount of $950.000 (the "Note"). The Note shall have a tern of 20 years and shall accrue interest at 7% which shall compound annually; provided however. the maximum amount of mincinal and interest navments due under the Note shall at no time exceed $1.900.000 and the Citv shall have no obligation under anv circumstances to reimburse the Developer more than $1.900.000 in connection with the Property Tax -Reimbursement. THE PLEDGED PROPERTY TAES SHALL BE THE SOLE SOURCE FOR PAYMENT OF THE NOTE AND THE NOTE SHALL CONSTITUTE A LIMITED OBLIGATION OF THE CITY AND DOES NOT NOW AND SHALL NOT CONSTITUTE A GENERAL INDEBTEDNESS OF THE CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY • PROVISION, AND SHALL NOT CONSTITUTE OR GIVE RISE TO A PECUNIARY LIABILITY OF THE CITY OR A CHARGE AGAINST ITS GENERAL CREDIT OR TAXING POWER AND SHALL NOT BE SECURED BY THE FULL FAITH AND CREDIT OF THE CITY. The Note shall be in a form reasonably acceptable to the City's CEr.-; fa! N3rcosrw.a P.-1 • Corporation Counsel and tite City Manager. The Note riay be issued concurrently with the issuance of the Payment Certificate. Tile dote may be: (i) assigned or pledged as collateral to the Developer's senior lender or (ii) sold or assigned to a sophisticated or institutional investor. Additionally, the Developer may transfer the Note at any time to: (x) any entity control line, controlled by, or under the control of the Developer or (y) any entity in which the majority equity interest is owned by the parties that have a majority equity interest in the Developer. D. Sales 'Tax Reimbarsement i. Amount ofAssistance — If the annual rent to be paid by a Grocer for the Grocery Store Space is less than $35.00 per square foot, the City shall provide financial assistance to the Developer in an amount equal to $1.00 per square foot (or portion thereof) for each dollar (or portion thereof) that such annual rent is below S38.00, subject to a maximum of $11.00 per square foot (tile "Sales Tax Reitnbursement'). The Develooer will not be entitled to die Sales Tax Reimbursement oavments unless and until the conditions for issuance of the Payment Certificate have been satisfied. ii. Payi rew Source for Sales Tat Reimbursement — the City shall pay the Developer the Sales T as Reimbursement solely front file City's local distributive share of the: Retailers Occupation Taxes generated by the Grocery Store Space and: paid to the. City by the State of Illinois pursuant to the Illinois Retailers Occupation Tat Act (35 ILCS 12011), as supplemented and amended fiom tim5 to time, or any substitute sales taxes -therefor as provided by the State of Illinois in the future ("Pledged Sales Tax"). iii. Terin for Sales Tali Reir bursevient — The Sales Taff Reimbursement shall terminate 15 y_ars from the date a Grocer first opens for business and is operating in the Grocery Store Space_ iv. verification of fledged Sales Tars — To properly verify the Pledged Sales Taxes generated by die grocery store tenant; die Developer shall provide or cause the grocery store tenant to provide the City with reasonable evidence of the Pledged Sales Taxes generated by the Grocery Store -Space: 3. Conditions to Payment The City shall have no obligation provide- the Sales Tax Reimbursement and- thet Property Tax Reimbursement unless and until the City issues a Payment Certificate. The City shall have no obligation to issue the Payment Certificate unless and until: A. The Developer has secured construction financing for the Project and has demonstrated to the City's reasonable satisfaction that the Project continues to have a financial Rap. B. The Developer has received the building permit for the Project by October 1. 2013 (titre outside date for commencing construction under the PD Ordinance); C. Tile Developer'has entered into a lease with a Grocer for not less than 12,000 square feet of the Grocery Store Space; and D. The City has received notice form the Developer that at least 60% of the rental units are occupied and that the Grocer is operating and has commenced paying rent. • 4. MIWBE & Local Hiring C The Developer commits to use good faith efforts to utilize qualified minorities, women. and/or Evanston Residents (in any combination of the three, as the Developer may choose) in conne--tion with the construction of the Project. C►_NrRALU 1208104.4 A-2 City of Evanston 1890 Maple Avenue Redevelopment Sensitivity Analysis Sources and Uses Assumptions (Mixed Use) USES OF FUNDS: Pct. of Total Land Costs: Purchase Price 4,289,664 7.17% Legal/Closing/Survey 0 Other' 0 Total Land Costs 4,239,664 Site Development Costs: Demolition 178,000 0.30 % Sitework0andscaping/utilities 2,439,000 4.0% a.00Qro 0.00% 0.00°! 0.00% 0.001% Total Site Development Costs 2,617,000 Building Costs: Building hard costs 43,032,572 71.93% Genera(conditions 1,889,680 2.82% Construction management 1,056,050 1.77% Construction related insurance 425,000 Contingency 2.441.015 4.08% Total Building Costs 48,644,317 Soft Costs Architectural and engineering 1,225,000 2.05% Civil engineering 41,844 0.01 % Entitlements 150,000 0.25% Permit Pass 375,000 0.63% Zoninaltramc studies 66.512 0.11% Legal and accounting 125,000 0.21% Market studies 33.756 0.06% General insurance 50,000 0.08% Marketing expenses 100,000 0.17% Purchase commission 0.00;'0 Lease commissions 200.000 0.33% Retail commissions 0.00% Organization expense plus G & A 54,151 0.09% Development expenses 0.00% Interim taxes 125.000 0.21 % Title and closing 0.00% Development fees 1,200,000 )-01% Construction management 0.00% Soft cost contingency 107,013 0,18% Interim interest - in pro forma 0.00% Loan fees 374,000 0.53% Security 50,000 0.08% 0.00% Other. 0.00% Total Soft Costs 4.277.278 TOTAL USES 59,828,259 • i • Evanston 1890 Maple Gap Analysis 04.14.09.x1s A-3 • City of Evanston 1890 Maple Avenue Redevelopment Sensitivity Analysis Sources and Uses of Funds (Developer e Mixed Use) • LSES: Pct. of Total Total Land Costs 4,289,664 7.17% Site Development Costs 2,617,000 4.37% Building Costs 48,644,317 81.31% Tenant improvements 0.00% Soft Costs, carry, contingency 4,277,278 7.15% TOTAL USES 59,828,259 SOURCES: With Public Assistance Debt 47,862,607 80.00% Equity 10,065,652.. 16-.82% Public Fundina: I,900,000- 3.18% TOTAL:.. SOURCES 59,828,259 Without Public Assistance Debt 47,862,607 80.00% Equity 11,965,652 2G.00% TOTALSOURCES 59,828,259 Evanston 1890 Maple Gap Analysis 04.14.09.xis A— 4 FOR DISCUSSIO14 PURPOSES ONLY City of Evanston 1990 Maple Avenue Redevelopment Sensitivity Analysis IRR Analysis (Developur - Mixed Usu) Commercial Retail Assumptions without Public Assistance Slabllized Analysis Total Investment 59,020.259 Refinance Loan -14.564.322 Loan Interest Rate 7.09% Equity 11,065,052 Loan Term 20 years Rentals are triple net, tenant pays taxes. Insurance, maintenance Class Code SQ. I'LlUsa )tenUSn. Ft. Anna! Retail 3 10.000 30.00 604,1100 Relall 3 0 Residential units 3 176 5,015.712 0 Tolals 5.099,712 Vacancy 3.00% Percentage of Gross Revenues Residential exit. 37.5016 of gross Income Mngmt. g; 2.00% Percentage of Gross Revenues Mint. on vac. 7.00 Per Sq.Ft. (Maintenance, taxes on vacant space) Inllalion: 1.50 o Annual Lose: Commercial ' Commercial Income Before IRR Calculation Year Rental Income Residential exit. Management Vaggn fulahhl. on Vac, bb Uebl Service )!QI PIOI Add Residual P 8 I schedule Principal 2009 -7,577,040 -7,577,040 CrIncIpal Interes Balance 2010 11 0 0 0 0 0 q A,307.003 �1,307,003 0 0 44,50-1,322 2011 5.699.112 1.0130,002 13.600 20.520 0 3,704,02D 4,21)0,557 -+121,937 -121.937 -421,937 1.087.054 3,110,503 14.504,322 2012 5,705,2011 1,909,105 13,005 20.020 0 3.041.389 3,099,0110 4.206,557 4,200.567 -305.107 -307.547 -305,107 -307,547 -305,1137 -307,547 1,103,140 1,244.5611 3,043,409 2,001.080 43,477.260 12,314,120 2013 2014 5.U7'1,900 5,900,06(1 1,937,742 1,065.008 14.093 14,305 21.140 21;157 0 U 3,057.406 4.206,557 -2,10,061 -249.061 -249,001 1,331,000 2,074.059 41,060.551 2016 0.049.407 1.990.310 14, h19 2-1,770 0 4,010,050 4,206.557 -109,00i1 -109,690 -109.699 1.424.900 2.701.650 39.737,003 2010 0.140.209 2.020.255 14.737 22,106 0 4.077,111 4,200,557 -129.440 -129,440 -129.446 1,524.050 1,631.375 2,081.907 2,575.102 30,312,057 30,700,307 2017 0.232.312 2,050,049 14.950 15.103 22,437 22,774 0 0 4.130.207 '1'200,341 4.206,657 4,200.657 40,200 .0,215 -60,269 .0,215 -60,20U -6,216 -1.746.571 2.460.905 35,156.932 2090 2019 0,325.790 0;120.603 2.007.490 2,110.011 '15.4,19 23,11E 0 4,263,34E 4,200.557 50.7011 50.700 31.570,47,1 1.007.701 2.330.795 33,411,301 IRR Analysis: Assumptions Cap Role 0.50% Value 10 yrs. 65,509,944 IRR Calculation 9.45"A Costs of Sale 1.00% Less: Mortgage Costs 056.099 note- differences hh IRR Balance 33, 41-1,361 Morloggs 33,411,361 calculations due to Residual 31,522,004 (timing of sates Evanston 1 fe Gap Analysts 04.14,09.xls � • FOR DISCUSSIO1412URPOSES ONLY City of Evanston • • 16s0 Maple Avenue 010funallt Sensitivity Analysis IRR Analysis (Developer -Mixed Use) Commercial Retail Assumptions Willi Public Assistance Stabilized Analysis Total Investment 59,020,259 Loan Interest Rate 7.00% Refinance Loan 44.564.322 Loan Term 20 Equity 10,086.652 Public Funding 1,000,000 Rentals afe triple net, tenant pays luxes, insurance, maintenance Class Codo So. FL/Use RanjLju. Ff. Annual Retail 3 10,000 30.00 604.000 Retail 3 0 0.00 0 Residential units 3 •175 5,015,712 o ` Totals 111070 5,809,7i2 Vacancy 3.0M Percentage of Gross Revenues Reserves 37.50"/ of gross [income Mn0n11. 4L Z.002% Percentage of Gross Revenues Melnl. off vac. 7.00 Per 5q.FL Initallon: 1.50% Annual Specify assumptions Less: Commercial Commercial IRR Calculation YA131 Rental Income Residential exp. Mannaement Val Malni, on yu_ c_, Income Before Debt Servlre 1.01 Add Residual P & I Schedule Principal 20D9 Deb -7,577,040 -7,577,040 Princliml Interestlane 2010 0 0 0 0 0 0 0 -2,407,003 -2.4137,803 0 0 44.664,322 2011 5,09D,712 1,000,092 13.600 20.520 0 3,704,020 4,200.657 -1121,937 -121,937 1,007,054 3.119.503 44.604.322 2012 5,705,200 1.909.105 13.896 20.020 0 3.041,109 4.208,557 -309.167 365,107 -365.107 1,163.14U a,043,400 •13.477.200 2013 5,071,s0e 1,937,7.12 14.093 21.1.10 0 3,000,010 4,200,507 -307,547 -307.547 -307.547 1,244.500 2,061,9011 •12,314.120 20'14 5.960,006 1.660.800 14,305 21,457 0 3.957.495 4,20.0,557 -249,0[i1 -249,061 -249.001 1,331,008 2,DT4,059 41,05s,551 2015 6,049,407 1.900,310 14,510 21.779 0 4,016,050 •1,200,567 -109,09 -109,699 -189,009 1,424,000 2.701,650 39,737,063 2010 6.140.21119 2.026.265 14,737 22.106 a 4,077,111 4.200.657 -129.+146 420.446 -129;146 1,524.660 2.681.907 30,312,057 2017 6.232.312 2,050,049 14.050 22,437 0 -1.130,207 4,20a,557 -09,200 -00,200 -00,200 1,031,375 2,575,102 36.7e6,307 2010 6.325,796 2,007.4911 15,103 22,774 0 4.700,341 4,206,557 -0,213 .6,215 -6,215 1,745,571 2, 400,905 35,150,032 2019 0,420,003 2,110.811 15;1.10 23,116 0 4,263,340 1.206.557 56,790 56.700 31.579,474 1,007,761 2,336,795 33,41i,36i IRR Analysis: Assumptions Cep Rate 8.50;5 Value 10 yrs. 05,509,944 IRR Calculation 11.16% Costs of Sale •I.00% Less: note- differences In IRR Mortgage Costs 855.099 calculations due to Balance 33.411.301 Mortgage 33,411.301 IlimIng of sales Residual 31.522,004 Evanston 1890 Maple Gap Analysis 04.14.09.xis 2 Carroll Properties Evanston Prot ect Gap Analysis Execu ve Summary Reference Total Unleveraged Rah,. --a to Total Cost 7.620% Table 6 ('WHInout Mw.udpal Participation) Total Unlever cad Rerum to Total Cost 8.08 0110 Table 7 (With Municipal Participation) Market Race Reh=, to Total Cost 13.5oil* -15°6 Ret = to Equity 10.85 °10 Table 8 (Without Mu--idpal Participation) • -RetT_.*zi to Equity 13.86 % Table 9 (With Muridpal Participation_) Market lea - Ret-n to To Eq=sit;, o? v - 27 m Request from Evanston! $1,900,000 (In 14PV do -liars) • A-7 ExecutiveSut mmiy DI WT Tabbe Companies Tablel Carroll Properties Evanston Project Gap Analysis Itevenue Assumptluns Leased Space Square beet Lease Price Per Scraare Fuot Total Annual Lease Revenue FIrst Floor Retnil Tennnt 684,000 Total 113,000 $ 604,000 Tula Eitimaled Nun -Recoverable Expenses CAiVI 2°. Vacancy Factor 3 OF Management Fee 2% Capitalization hate 7.00% Annual Lease Escalation 12% (At• end of Year 5 only) DRAFT LaaGe compaules Revemid Assumptions Tit ble 3 Carroll Properties • Evanston Project Cap Analysis Cost Ass=ptians Cast its Amount 2D10 or Before 2011 Purchase of Land and Ilt fading S 4,289,664 S 4,289,664 Hard Costs DemoL•-tion S 430,000 S 4501000 Site work/landscaping/site utilities S 179,000 S 178,000 Suildirgsub-structure S ' 439,000 S 2,439,000 Foundation concrete system S 1,079,000 S 11079,000 Super structure concrete system, concrete core and floor system 5 21,845,7l4 S 8,29Z000 S 3,533,714 Precast concrete Masonry 5 2,OOO,000 S 11400,000 S 600,000 Metals 5 914,000 S 639,80D 5 274,200 Wood and Plastic 5 856,000 S 599,200 S 256,800 T ,ermal and moisture protection S I 139,000. 5 1,007,300 5 431,700 Doors and Windows S 774,857 S 512,400 5 32,457 Exterior Wall System $ 4,792,000 S 3,354,400 S 1,437r600 Interior Finishes $ 5,231,2116 5 5;34,286 Specialties 5 262,OOO 5 262,000 Equipment $ 1.688,000 S I,688,000 Special Construction S 200,000 5 200,000 Vertical Transportation system S 7-5,000 S 753,000 Mechanical systems: S - a. Fire protection system 5 I,1421,857 S 8001000 S 342,657 b. Plumbing system S 3,147,129 S 2.203,200 $ 944,229 • c HVAC/termperature control system S 3,115,429 S Z180,800 5 93-1,629 Electrical/lire safety system S 3,337,000 S 2,335,9DO S 1,001,100 Developer's contingency costs - I Iard 5 - S - $ - General conditions/ general requirements $ 1,689,680 S 1,689,680 Coast- Manager overhead and profit 5 1,056,050 5 1,036,050 General contractor contingency (inc in line hems) S - Construction related insurance 5 43.5,000 S 425,000 Developer's contingency costs- I-Iard 5 2,441,015 5 1,396,300 S 1,04,713 Total Hard Costs S 51:61,317 5 29,322.300 S 21,939,017 Soft Costs Marketing expenses S 100,000 S 100,00D Building permit fees 5 375,000 5 375,O00 Operating expenses - commercial S - $ Real estate taxes (24 months) S 125,000 S 125,OD0 Accounting fees S 25,000 S 25,ODO Builder's risk insurance 5 50,000 S 50,000 Architect - design, supervision S 11000,000 5 1,000,000 Structural / mechanical engineering fees S -):)3,000 5 225,000 Survey / civil engineering fees 5 41,844 S 41,944 Market studies 5 33,758 S 33,758 Zoning f traffic studies / planning 5 66,512 5 66,512 Entitlement costs- per PD Ordinance S 130,000 S 150,000 Organization Expense 5 4,151 5 4,151 Leasing cotnrnissiorLs 5 200,000 5 200,000 Legal fees 5 100,000 S 100,000 Developer's contingency - soft costs S 107,013 S 107,013 • Developer's general and admin4strative S 501000 S 501000 Cost Assrtrrtptiotts DRAFT Laabe Companies Table 2 •CarroH Properties Evanston Project Gap Analysis Cost Assumptions • • Developer's fee 5 11200,000 S 1,200,000 Financing Fees S 374,000 S 374,000 Security costs S 50,000 S 50,000 Totai Soft Costs 5 4r777,278 S 417,278 S - "fatal Cost of Project S 59,828,S9 5 37,889,293 S 21,939,017 Cost Asswuptions DIU T LauhCompaides TRGle2 Carroll Properties Evanston Project Gap Analysis Revenue Assumptions Leased Space First Floor Retail Tenant Total Total Estimated Non -Recoverable Expenses CAM Vacancy Factor Management Fee Capitalization Rate Annual Lease Escalation (At end of Year 5 only) DRAFT Square Feet 18,000 2% 3% 2% 7.00% 121% Lease Price Per Square Foot Laube Compaures Total Annual Lease Revenue 38.00 $ 684,000 $ 684,000 RevetweAsSllilpt ons Table 3 • • • Zuw�vi9 tE4carfl� -Ba— OF FAA. „.•a.::riv 9rbaA s'tea .oIu.�p���i�Lia�bA MM��W��141 �141���i 14 ««««r.. it«e.««.,.• r �14M1Hi941Nk1 �l i7 �M1 9�Nh�7 «rr«««««rvrr rr« q�7 Ai9N:1 �1�=1�17�WZi t7 ««.. ««««««.. .. V.« s'1 �7=1 v�7 i'i 1��11��1 �71`;1 !17N ««..«««..«««rv««r««« .�.... eFiH!( (fy- ii 1'1 6 bl {�°°1 IJ �C.i{r5h16 �E�GYy > f'"_..YgR�4�yu....._uy 1 ,�GBG�n d=SISG=1= 6 �Rl��<AS�:+wt1'fi'•��'oa eu =� .1�5 tld'CJB... 2. 5t.tt iT7 8222 y vUS3 1110. VV a iPfii 1BS59 �SS}i1O .1u�y7 bl �1 �V1VF���� � rt p 4 G a" R a 3 davk G:J L�^i�8G3 LppeS'=iri r 11ri9ri ��^^ yy�� ��^^ ��77 8BURP 7;' 99 {{ rr �� PV ER"�1pi7Y1 e alai p>wr,}li Yti161 ,J� • tHIM, 2f? s'•�.��?#,,;F. 5��i�'y '� iA n i? i���da? na ��d,n�i� SAS _„Jast►,�-_�+! a:ai,tt�_�� n nn .. n NN n nn n n •. N N n u. nnN n n n n NNNw. .nNNN.n n u.NN NM N Ii sihWu�y(,((��{��n` hsfsih �i isgqsih �i�i�i„i'irsisisi sis'si� ysi i:i151, D1 s 116 h �lZ4?4- hD ar G GGG:IG' C.U.".1[JLIGGGG LiGG� f :�GGG G.:�G.IG.!' G.nG�G..n.. ��G:�n�.. � e a � s". ���E��d��sss��e ����?_`-�z�'c"=��% �>_l�i;�r;?;;;i�E:�: -•.% ���;>i�d� s""• 1 a Carroll Properties Evanston Project Capital Structure Funding Contribution Schedule Debt Ratio Equity Ratio Total Cost of During Year (Total Cush Need) 2010 $ 37,889,242 $ 2011 $ 21,939,617 $ $ 59,828,259 $ DRAFT Laubc Companies Senior Deb( DrEms 80% 20% Equity 30,311,394 $ 17,551,213 $ ,17,862,607 $ • 7,577,848 4,387,803 11,965,652 Capital Structure Table 5 C.,rroll Properties Evanston project Cap Analysis Unleveraged Return Without Municipal Finance Net Operatino income of Retail Sale of Relnil (End of Year 2020) Less: Disposition pee Net Sale proceeds Net Operating Income of Residential Sale of Residential (End of Year 2020) Less: Disposition Fee Net Sale Proceeds Tolat Costs Net Cash From Project DRAFT 2010 or Before Unleveraged Rate of Return (Without Municipal Finance) Limbe Comienuies 2011 $ 636,120 g 3,134,820 (37,889,242) S (21,939,017) (37,1189,342) S (19,168,077) 7.G2"/4 Unhweraged Rehear Without TIF 'cable 6 Carroll Properties Evanston Project Cap Analysis Unleveraged Return Without Municipal Finance 2012 Net Operating Income of [retail S 636,120 $ Sale of Retail (find of Year 7020) Less: Disposition Fee Net Sale Proceeds Net Operating Income of Residential $ 3,381,842 S SAIL, of Residenlial (End of Year 2020) Less: Disposition Fee Nei Sale Proceeds IbinLCosts Net Cash From Project $ _ 3,1117,962 S DRAFT Lmthe Compnuies 2013 636,120 3,2?9,5'!0 S 3,865,690 $ 2014 2015 636,120 $ 616,120 3,278,013 S 3,327,1154 3,914,133 S 3,963304 Unlaueraged Relurn WithoutTIF Table 6 Carroll Properties Evanston Project Cap Analysis Unleveraged Return Without Municipal Finance 2016 2017 2018 2019 Net Operating Income of Retail S 712,454 S 71Z-154 S 71Z-154 S 712,454 Sale of Retail (find of Year 2020) Less: Disposition Fee Net Sale Pracceds Net Operating Income of Residential 5 3,377,091 $ 3,427,748 S 3,479,164 $ 3,531,151 Sale of Residential (End of Year 2020) Less: Disposition Fee Net Sale proceeds Total Costs Net Cash From Project $ •1,089,546 :n 4,140,202 S 4,191,618 fo 4,243,606 Umleverrrged Return Without TIF DRAFF Limbe Companies Table 6 • Carroll Properties Evanston Project Cap Analysis Unleveraged Return Without Municipal Finance 2020 Net Operating Income of Retail 15 712,45.1 Sale of Retall (End of Year 2020) S 10,177,920 Less: Disposition pee 5 101,779 Net Sale proceeds S 10,076,141 Net Operating Income of Residential $ 3,58.1,322 Sale of Residential (Gnd of Year 2020) $ 55,143,409 Less Disposition Fee $ 551,434 NetSaie Proceeds 'n 54,591,9.75 Total Costs Net Cash From Project S 68,96-1,1191 Unloveraged Retum t1'llhant TIF DRAFT LaIlbe Compmdes Table 6 Carroll Properties Evanston Project Cap Analysis Unleveraged Return Willi Municipal Fl►►ance 2010 or Before 2011 Net Operating Income of Retail $ 636,120 Sale of Retail (End of Year 2020) Uss. Disposition Fee Net Sale Proceeds Net Operating Income of Residential S 3,134,820 Sale of Residential (End of Year 2020) Liss: Disposition Pee Net Sale Proceeds NI 1J of Home Bute Rebate 1,900,000 'Pohl Costs $ (37,899,2421 $ (21,939,017) Net Cash From Project S (17,889,242) $ (16,268,077) Unleveraged Rafe of Return 8.08% (Willi Municipal finance) Umlcneraged Raturn With TIF DRAFT Lambe CaAymmies Tame 7 Carroll Properties Evanston Project Gap Analysis Unleveraged Return Wfeh Municipal Finance 2012 Nel Operating Income of Retail S Sale of Retail (find of Year 2020) Less: Disposition Fee, Net Sale proceeds Net OperalIng Income of Residential 5 Sale of Residential (End of Year 2020) Less: Disposition fee Net sale Proceeds NPV of Nome Rule Rebate Total Costs Net Cash from Project S 6-16,120 $ 3,161,042 $ 3,tt17,962 $ 2013 636,120 w i 3,229,570 $ 1,965,690 $ 2014 630,120 $ 3,278,013 $ • 2015 636,120 3,327,1114 3,914,133 $ 3,963,3(M tluleneraged Return avruf •rfr- DIUIFI Laube Companies 'Table 7 Carroll Properties Evanston Project Gap Analysis UnievemSed Relum With Municipal Finance 201E 2017 2018 NO Operating Income of Retail S 712,454 Si 712,454 S 7IZ454 S; Sale of Retail (End of Year 2029) Less: Disposition I -cc Net Sale Proceeds Nei Operating Income of Residential S 3,377,091 S 3,427,7411 S 3,479,164 $ Sale of Residential (End of Year 2020) Less: Disposition Pee Nei Sale Proceeds NPV of Home Rule Rebate Total Costs Net Cash From Pmjeci S 4,089,546 5 4,71.40,202 $ 4,191,618 5 DRAFT Laahe Compaides 2019 712;I54 3,531,351 4,243,806 Wtfeverugerf Return INn'th T1r- Table 7 0 Carroll Properties Evanston Project Gap Analysis UnleveragedRetum With Municipal Finance 20211 Net Operating Income of Retail 5 712,454 Sale of Retail (End of Year 2020) 10,177,920 Less: Disposition fee $ 101,7779 Net StileProceetls S 10,076,141 Net Operating; Income of Residential 5 3,504,322 Sale of Residential (End of Year 2020) $ 55,143,409 Less: Disposition fee $ 551, I34 Net Stile Proceeds $ 54,591,975 NPV of Home Rule Rebate Total Costs Net Cash From Project $ G8,4r31,891 DRAFT' Laube Companies Uidevern5ed Ralunt Milt T1F Tabic 7 Carrall Properlies Evanston Project Gap Analysis Leveraged Return to Equity - No TIF Net Operating Incwue of Retail Sale of Retail (End of Year 2016) Less: Disposition Tee Net Sale Proceeds Net Operating Income of Residential Sale of Residential (End of Year 2016) Less: Disposition fee Net Sale Procceds Debt Service Payments Payment of Remaining Principal Equity Contributions Net Cash Prom Project DRAFT C. 2010 or Before 5 3 Leveraged Return to Equity (Without Municipal Finance) Lambe Conrynutics • 2011 $ 636,120 $ 3,13,1,820 a (3,770,910) (7,577,1148) 5 (i1,387,803) (7,577,848) S (4,387,803) 10.05% Return to Equliil Without T!F Table 8 • Carroll Properties Evanston project Gap Analysis Leveraged Return to Equity - No TIF 2012 2013 2014 2015 Net Operating Income of Retail S 6.16,120 S 636,120 $ 636,120 $ 636,120 Sale of Retail (End of Year 2016) Less: Disposition Fee Net Sale Proceeds Net Operating Income of Residential S 3,181,842 $ 3,229,570 $ 3,278,013 $ 3,327,184 Sale of Residential (End of Year 2016) Less: Disposition Fee Net Sale Proceeds Debt &rvice Payments S (4,206,557) $ (d,206,557) $ (-1,206,557) $ (4,206,557) Payment of Remaining Prbr ipal Equity Contributions Net Cash From Project S (388,595) $ (3,10,867) S (292,42-1) (243,253) DRAFT Laube Cougiauies Rehm•u to Equfiy Without TIF Table 8 Carroll Properties Evanston Project Gap Analysis Leveraged Return to Equity - No TIP 2016 Net Operating Income of Retail $ 712,454 Sale of Retail (End of Year2016) $ 10,177,920 Less Disposition Pee S 101,779 Net Sale Proceeds S 10,076,14'1 Net Operating Income of Residential S 1;177,091 Sale of Residential (End of Year 2010) $ 51,955,250 Less: Disposition Pee $ 519,553 Net Sale Proceeds $ 511,135,698 Debt Service Payments $ (4,200,557) Payment of Remaining Principal $ (315,312,957) Equity Contributions Net Cash From Project S 23,081,870 Return to Equtiy Without TIT DRAFT Laube Companies Tobfe 8 0 Carroll Properties Evanston project Gap Analysis Leveraged Return to r-quity - Willi Municipal finance 2010 or Before 2011 Net OperatinU Income of Relail 5 636,120 Sate of Retail (End of Year201G) Less: Disposition fee Net Sale proceeds Net Operating Income of Residenllal $ 3,134,820 Sale of Residential (End of Year 2016) Less: Disposition Pee Net Sale proceeds Debt Service Payments $ (?,,770,940) Payment of Rearainiul; principal NPV of Home Rule Rebate $ 1,900,000 Equity Contributions n (7,577,848) S (1,387,803) Net Cash from Project $ (2,577,8-18) $ (Z487,81)3) Leveraged 1leltun to Equity (Willi Municipal finance) Rclurn to Equity 1IM,TA' MIT La+bc Carnpruties TaLIc 9 Carroll Properties Evanston Project Gap Analysis Leveraged Return to Equity- With Municipal Finance Net Operating Income of Retail Sale of Retail (End of Year2016) Less: Disposition Fee Net Sale Proceeds Net Operating Income of Residential Sale of Residential (End of Yulr 2016) Less: Disposition Fee Net Sale Proceeds Debt Service Payments Payment of Remaining Principal MPV of llotne Rule Rebate Equity Contributions Net Cash From Project DRAFT i to 5 2012 2013 636,120 S 636,120 u 2014 636,120 3,181,11,12 $ 3,229,570 $ 3,270,013 S (1,206,557) 5 (4,206,557) $ (1,206,557) 5 (380,595) . „_.....— (140,807) $ (29Z-123) Latibe Cpltllt/ll[IC5 • 2015 636,120 3,327,181 (4,206,557) (213,253) RCUrru to Equitif Alifir Tfr Table 9 • Carroll Properties Evanston Project Cup Analysis Leveraged Return to Equity- Willi Municipal Finance 201E Net Operating Income of Retail $ 713,45-1 Sale of Reloil (End of Year M16) $ 10,177,920 Less: Disposition pee $ 101,779 Net Sale Proceeds $ 10,076,141 Net Operating Income of Residential 5 3,377,091 Sale of Residential (End of Year 2016) 5 51.955,250 Less: Disposition pee S 519,553 NeI Sale Proceeds 5 51,435,691i Debt Service Payments $ (9;206,557) Payment of Remaining Principal S (38,312.957) NPV of Harm Rule Rebate Lquily Contributions Net Cash From Project 23,OISI,870 Return to GquitY Willi TfF VRAFT Laube Cornpnuies Table!) Carroll Pruperties Evanston Project Cap Analysis Senior Debt Without Municipal Finance Principal Draws 2010 20'11 2012 Total Senior Debt Draws Maximum Term of Debt (in pears) Interest Rate Refinance Refinance Tenn Year VRA17' Initial Balance - 2010 20,11 Refinance Amount to Penn 2012 2013 701.1 21115 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 203'1 0 Senior Debt Draws 30,311,394 4 17,551,213 $ 47,862,607 Self Liquidaling 7.00"n Upon Completion of Construction 70 Ending Principal 0:11ance 30,311,394 S 46,213,465 44.564,397 5 43,477268 S $ 42„314,120 5 5 41,069,552 q, 39,737,86-1 $ $ 38,312,957 $ 36,788,308 c� 5 35,156,932 ti 5 33,411,361 $ 31.543,599 5. $ 29,545,094 S 5 27,406,694 $ 5 25,118,6116 $ 5 ?4,670,352 5 20,050,720 .$ 5 17,2.17.713 5 14,248,496 $ 11,039,334 5 7.605,531 5 3,931,361 Construction Draw 30,311,394 17,551,213 n Laube Cumptu es 0 Interest 2,121,798 $ 311191503 S 3,043,409 $ 2,961,900 $ 2,874,869 $ 2,781,650 2,681,907 2,575,182 $ Z-160,985 $ z38,795 $ 2,208,052 $ 2,068,157 9: 1,918,469 1,758,302 1,586,975 1,403,550 $ 1,207,340 $ 997,395 $ 772,753 $ 53Z387 $ 275,195 $ Principal 1,649,142 $ 1,087,0511 $ 1,163,148 $ 1,244,568 "p 1,331,688 $ 1,424,906 S 1,524,650 $ 1,631,375 $ 1,745,572 $ 1,867,762 $ 1,998,505 $ 2.138,400 $ 2,288,088 $ 2,448,254 $ 2,619,632 2,803,006 $ 2,999,217 $ 3,209,162 $ 3,433,00A $ 3,674,170 S 3,931,361 Tolal Palunenl 3,77t> 940 4,206,557 -1,206,557 4,206,557 4,206,557 -1,206,557 4,206,557 4,206,557 4ti06,557 4,206,557 4,206,557 4,206,557 4,206,557 4,206,557 4,206,557 4,206,557 4,206,557 4,206,557 4,206,557 4,206,557 4,206,557 Scniur Debt I-Vibloud TfT- Table 10 • • • Carroll Properties Evanston Project Gap Analysis Senior Debt With Municipal Finance Principal Draws 2010 2011 2012 Total Senior Debt Drams Maximum Term of Debt (in years) Interest Rate Refinance Refinance Tenn Year Initial Dalance - 2010 2011 Refinance Amount to Perm 2012 21113 2014 2015 2016 2017 2013 2019 2020 2021 7022 2023 202.1 2025 2W6 2027 2028 2029 2030 20,11 Soniur Debt Draws 30,311,394 S 17,551,213 47,862,607 Self Liquidating 7.00,E Upon Completion of Construction 20 Ending principal Balance $ 30,311,394 $ $ 46,213r165 $ $ 4.1,564,322) $-13,477,263 $ $ 42,314,120 S $ 41,069,552 $ 39,737,864 5 $ 38,312,957 $ 36,788,308 $ $ 35,156,932 $ $ 33,411,361 $ S 31,543,599 S S 2%545,094 S 27,406,694 $ $ 25,118,606 S 22,670,352 fi 20,050,720 17,247,713 $ 14,248,496 $ 11,039,334 $ 7.605 531 $ 3,931,361 - Construction Draw 30,311,394 17,551,213 S - F $ - S $ $ S $ $ $ DRAFT Loube Compindes Interest 2,121,790 $ 1,119,503 $ 3,041,409 $ 2,961,988 2,874,869 2,781,650 S Z681,907 $ 2,575,182 S 2,460,985 2,338,795 S 2,208,052 $ 2 068,157 1,918,469 1,758 302 $ 1,586,925 1,40.1,550 $ 1,207,340 5 997,395 $ 777.753 y, 532,387 275,195 $ principal 1,649,142 $ 1,U87,054 $ 1,163,1 -18 $ i 2,1,1,568 $ 1,331,68B $ 1,424,906 "; 1,5211,650 $ 1,631,375 S 1,745,572 1,867,762 :$ 1.998,505 2,138,400 2,288,088 �. 2,443,254 2,619,632 $ 2,803,006 2,999,217 3,209A 62 $ 3,433,903 $ 3,674,170 3,931,361 Ali Total payment 3,770,9,10 4,206,557 4,206,557 4,206,557 •1,206,557 4,206,557 4,206,557 4,206,557 4,206,557 -1206,557 4,206,557 4,206,557 4,206,557 -1,206,557 4,206,557 4,206,557 4,206,557 4,206,557 4,706,r,57 4,206,557 4,206,557 Senior debt With TV Table 11 E�t.BIT B • 0 City of Evanston Lange Assumptions 1090 Maple Avenue Preliminary Tax Pro Forma Component Project Class hlalno Desalplion Code I 1 Apartments 1 I 2 Retail 3 of 0 t 4 ai 0 1 v 01 0 I I I Total EAV All Components + I 1. Incremental Property Taxes: _a) [lase EAV ,H) Incremental EAV _LW Tax Role�1.2030% ,1d) Total Est. Incremental Properly Taxes CityjjjPorllon I i (e) Incremental Property Taxes for Redevelopment I Costs : 1 50.00"/° II JI) Cumulative Incremental Property Taxes to Project I I _ jgj Incremental Property Taxes for City! Costs: I GQ.00% (h) Cumulative Incremental Property Taxes to City I Summary Other Districts I Incremental ProearlyTaxes to OlherToxin Districts Cumulative In Other Ta,Ylnq Dlsldcls 7I I Incremental Pro >�y Taxes to School District 65 I Cumulative to Other Taxino Districts I Incremental Prooeriv Taxes to ITO School District 202 Cumulative to Other Taxinn Districts 1 1090 Maple LR Tax Analysis 0,1.16.09.xis Sq. FI.1 it Unt13 176 10,000 0 0 0 PRELIMINARY - FOR DISC,,, iION PURPOSES ONLY • Levy Year. 2009 2010 2011 2012 2013 2014 2015 Markel Value Sg, FL/Uni! Yr.1 IYr. 7, Yr. 4 Yr. 3 Yr. 5 Yr. G I Yr. 7 160,09D.00 1 0 0l 4AD4.3161 0.200,633 0.624.195 0,624,195 0,024,195 150.00 j 01 0� 903,0121 1.907,623 2.067,234 Z,067,234� 2.067.234 0.00 I 01 0 01 01 0 0 01 0.110 I of 01 01 01 0 01 01 0.00 1 1 of of 01 01 0i 0 01 + 1 1 l 1 01 D� 5 0a0120 10,176 256 10,691.4291 10,09'1.4291, I 10.091.4291 I I I i 1 1 1 1.007 372 1 507,37 1,GQ7,372 1607,372 '1 507.372 1,607,372 1.607,_3721 0 0 3 00'75G B,G60,004 9,104 057 9104 05T 9,1D4 05% I 1.2030°/0 •1.2030% 1,2030% 1.2030io 1,2630°/u 1.21130-Al 1.2630% 01 45.941 1-11,222� 117.0311 1.17,031 01 011 01 ' 22,0711 70,6011 137 4971 196,4131 1 Ol 0f 0� ?2 971 55,0111 50,9161, 58,9161 I 01 01 1 0 22.9711 70,5311 137,4971 190.4131 I 5.34600°!° I I I 0 0 0 ii1E12 463439 400,900 490,900 '0 0 Q 19654,11601 11145,0451 1,036 025 2.53500% 232.616 0 0 0 9D,77Z 54�9 0 0 0 00,772 "IX0250 0 0 0 G2,G63 ,100,7211 of (Il D G?.'6G3 214,369 375,09Q1 232.0-161 77G,1G01 160,7211 535,0111 • 2016 2017 Yr. o Yr. 0 9.207.315 9.207.316 2.226,105 2.220,105 0 0 01 0 QI I 11,513,5001 ) 11,513,500 1 •I , 507.3721 1,5071372 10.006,1201 10,000t12o 1.2030%,1 1.2030% 117,6311 125,379 58,9161 64.i6B 255.3291 319,510 50,91G1 _ G4,'!09 I 255,3291 1 310,510 I 49o,9601 534.920 7.,127,005i 2.662,732 232.8161 253.655 1,000,9761 1.262.631 1 1160,7211 175,107 696,5321 I 071.639 PRELIMINARY - FOR DISCUSSION PURPOSES ONLY City of Evanston Lower Range Assumptions 1090 Maple Avenue Preliminary Tax Pro Forme Component Project Class Name Description Code 1 Apartments I 2 Retail 3 3 0 0 1 ) 0 0 5 ! D a 1 Total EAV All Components I I 1. Incremental Property Taxes: (a) Base EAV (b) Incremental EAV 1 (c). Tax Rate 1.2030% 1 L I (d) Joist Est. Incremental Properly Taxes City Portion I 1 I I (at. Incremental Properly Taxes for Redevelopment Costs : I no 00 10 .Cumulative Incremental Property Taxes to Project (qt Incremental Properly Taxes for.-Cily, Costs : I . 5D.UD% I (it) Cumulative Incremental Properly Taxes to City I Summary ODrer Districts I ,Incremental Property Taxes to OtherTaxing Districts Cumulative to Other Taxing Districts 1 Incremental Properly Taxes to School District 65 1 -Cumulative to Other Taxing Districts I I I, Incremental Properly Taxes to High School District 202 Cumulative to Other Taxinq Districts W I N Levy Year: 2010 2019 2020 '2021 zuzz 2023 Sq. FI./ Markel Value # Units Sq. Ff./unit Yr.10 Yr. 11 Yr. 12 Yr. 13 Yr. 1I1 I Yr. to 176 160.000.09 9,207,3'15 '10,001.422 10,001.422 10,0DI A22 10.770.4301 10.770.4313 18,000 •150.00 2.226.105 2,397,350 2,397,350 2,397.350 2,581.092l 2,501.492 0 I 0.00 . 0 0 0 01 )1 0 0 0.00 1 01 01 01 01. 01 0 0 I 0.00 1 01 01 01 01 01 01 1 I 11.513.500[1 12.398.7601 12.398.7001 '12.390.7601 13.352.130� 13.352,1301 1.507.3721 1.607.3721 1,607,3721 1.507,3721 ! 1,507.3721 I 1,07,3721 I 10,009,1201 10.091.4001 10,00t,4001 10,00.1.408 1-1.0,14.7501 11,044.7581 -1 1 1.2030%1 ' 1.2930%1 1.2830%) 1.2030% 1 1.21330%' 1,2030% 1 1 •) 1 I 120,379 � 120.3791 I 139.7371 139,7371 I 139.7371 I 161,06131 I t I 64.109 64,1091 69,0681 69,660 � I 69.0601 75.904 1 1 303,707 147.11971 5173651 507.6331 657,5021 733.4001 1 I 64,1091 04,1091 I 69,8061 I auxil1 I 69.0681 I 75.9041 i I i I 1 I I 303J071 1 I 447.097 I 517.7651 I I 507,6331 057.502 i 733.4061 I J Tax Rate" 1 I 5.34600%1 t 534,9201 I 63-1.0281 I 692,2551 502,255 582.255 1 633.2211 I 3.197.66DI 3,732, 0111 4,31-1,042_1 4,097,097 5,479.3.921 13,112,072 2.53600%1 253.6551 253.6551 270.0971 276.0971 276.097 300,265 I 1 1,516,2D71 1,760.0,121 2,046,0301 2,322,1361 2.690.2341 2.890.4901 11 1.75000%j 175,1071 175.1071 190.6001 19(1.60111 190.600I Z07,283� 'I 'I 1 1 1.046,7461 1 1.22-1.0531 I 1.4-12.45,11 I -1,003.0531 I 1.793.0521 I 2,000.936� 202.1 Yr. 10 10,770.430 2 �01,fi02 0 DI 01 13,352,1301 1 1 •1.607.3721 11.044.7501 1.2U30% 151.9601 75.98,11 009,4701 1 76,9841 1 009.4701 1 2025 Yr. 17 11.098.503 2.780.200 0 0 0 14.378.704 1.507.372 12,OT1,412 '1.2830io 151.960 75,984 OU5,454 75,9114 006.454 633.2211 033,221 6.745,7931 7.379,014 1 300,2651 300,265 3,190,7031 3,499,027 207.2831 207.2113 2,200.21 D 1 2.4'16.002 1. 189 le IM Analysis 04.10.09.x1s • 0 PRELIMINARY - FOR DISCUb..,JN PURPOSES ONLY City of Evanston 1.0ange Assumptions 1890 Maple Avenue Preliminary Tax Pro Forma Levy Year 2026 2027 2020 2029 2030 Component Project Class Sy. FL/ Market Value Name Descrlollon Code It Units SR. FldUnil Yr. 1 D Yr. 10 Yr. 20 Yr. 21 Yr. 22 1 Apartments 1 176 160,000.00 11,590 503 11.590,503 12,490. toR 12.490,406 12,490,406 2 Retail 3 10,_000 (50.00 2.700,200 2,760.200 2.003,072 3.0G0,821 3.145,541 3 0 0 0 0.00 0 0 0 0 0 4 0 0 0 0.00 0 0 0 0 0 S 0 0 0 0.00 0 0 0 0 0 Total EAV All %inpononts , , ! I .14.378,704 1.1.378,7841 15:104.377 15.650,227 15.635,947 1. Incremental Property Texas: Ja) Base EAV I I 1 507.372 1,507.37:2 1.507.372 1.507.372 1.507,372 (b) Incremental EAV , I I 12,071.412 12,071,412 13.977.0051 14.051.0551 14.120.675 sc) Tax Rate �1.2830% 1 I I 1.2030%. i.2830 1.2030%� 1.2030% 1.20309/ (d) Total Est. Incremental Pronerly faxes City Portion , I 1 1 165,1401' 1 165.149� 169,140 179.325 100,205 (el Incremental Properly Taxes for Redevelopment Costs: I 60.00%( I 02.5701 82,570l 82:670 Dg,6621 90,143 (9 Cumulative Incremental Pronerly Taxes to Protect I , 060.024 1,056.6941 ' 1,133,164 1,222.0271 1 1.312,070 1 1 (nl Incremental Praver(v Taxes for City I I 02,570 1' 82.5701 02,6701_ 80.021 00,143 Costs : 1 60.00% 1, (h) Cumulalive Incremental Properly Taxes to City I 1 1 i 060.024 1 1.050.5941' I" 1,133;1641 1.222.027� 1.312,970 Summary Other Dlstricls I Incremental Properll`Tares to Other Taxing bistric(s I Tax Rate 1 5.34000%1 000,100 , ODO,1061 13DD,1061 I 747.2111 751.212 Cumulative to OtherToxinri Dlstricls I i I 0,0R7,120 t 0,705.2261 I 9,4431;331 10.190.5421 10,941,754 Incremental Pronedy Taxes to School District G5 I 2.535D0°% 32090 3zfl,z9UJ 326,2901 354,3171 350.215 Cumulative to DjhrrTaxinp Districts 1 3,025,3181 4,151.600 4,477,090 4.032.2151 5.100.430 Incremental Propery Taxes to Hlph School District 202 1.75000%1 225.24 225,2501 225.260� 244,59D1 Z45,907 Cumulative to OtherTaxln4 Dlstricls 2.640.752� 2,066,002� 3,091,2511 3.335.049, 3.5131J50 1090 Maple LR Tax Analysis 04.16.09.x1s • U0 1 Clly of Cvauslon Lower linage Assumplluns 1070 Maple Avenue Carroll Properlies Developmeot Component Project Nnnnc Description 1 Apnrimenls 2 Retail Totals Notes: Class Codes: Exempt Industrial (611 Eligible) Industrial Commercial Residentiul Vacant Land 1890 Maple LR Tax Analysis 04.02.09.xis 0 PRELIMINARY - FOR DISCUSSION PURPOSES ONLY Avlt.Initial Sq.Ft. Avg. Initial %uules %Sales Class !Sq. FIJ Market Value Generating Soles Taxabtc (Local '1'mable (Nouc HR Code I Uoils Sq. f ftll Sules •rax Sq. Ft./Unit Sales Tax) Ref. Sales Tax) 176 160,000.00 0 0 0.00% 0.00% 3 18,000 150.00 111,000 300 1.00% 0 20%a 1 3 R Preliminary estimalc of residential morkel value Project NOI les retail 3,13,1,820 lines not Include read estate taxes Estimate of Assessor's cap rate 10.0000% Tax Rate N/A Fully loaded cap rote 10.0000VG Estbnmc of l°MV 31.3-18.200 Estimate of discnunl rate 90% Aduslcd VIVIV 28 213,380 Asessntcul rate 10% Multiplier 2.8,139 Equalized Assessed Vuluc 8,023.603 170,11,137 per unit 160,303.30 pet• unit S2,982 taxes per unit Kane, McKenna and Associates, Inc. PRELIIIIIINARY - FOR VISCU SION PURPOSES ONLY City of Evanston Ilar Range Assumptions • 1090 Maple Avenue General Assumptions Sales Tax Inflation Rate (Yr. 1-10) 2.5% Reassess. Sales Inflation Sales Tar. Inflation Year Factor - ctor Rate (1-1-25) 2.5% 2009 100.00% 100.00%n Property Tax Inflation Rate 2.5% 2010 * 102.50% 102.60%Q % Inc. Prop. Tax for Project 100.0% 201'1 102.60% 105.06% Tax Rate 2007 1.2830% 2012 102.50% '107.69% 2013 * '107.69% 1'10.38% Equalizer - most recent 2.0439 2014 107.69% 113.14% Industrial Assmnt. Rate 25.0% 2015 '107.69% 115.97% Commercial Assmnt. Rate 25.0% 2016 * 115.97% 118.87% Residential Assmnt. Rate 10.0% 20'17 116.979/6 121.84% Vac. Land Assmnt. Rate 10.0% 20-18 1110.97% '124.89% Assmnt. Rate aprtmnts. 10.0% 2019 * 124.89% 128.011 % First Levy Year 2009 2020 -124.89% First Tax Collection Yr. 2010 2021 124.89% '134 49% Annual Absorption of Units 100.0% 2022 134.49% 137.859/9 Local Sales Tax Rate 1.0% 2023 '134.,e19% 141.30% Home Rule Tax 1.0% 2024 134.410% '144,83% Base Sales Taxes 0 2025 * '144.83%o '148.450/4 Homeowners Exemption 0 2026 144.83% *152.16% 2027 144.83% '155.97% 2028 * '155.97% 159.87% Initial Absorption Rates: 2029 -155.97% 163.86% 1 50.0% 2030 155.97% 107.96% 2 50.0% 203-1 * 107.96% 172.16% 3 100.0% 2032 167.96% 176.46% cl 100.0% 2033 '167.90%0 180.87% 5 100.0% 2034 * 180.07%u 165.39% G 100.0% 2035 '180,87% 100.03%u 7 100.0% 2036 '180.87°/o -194.78% a 100.0% 2037 * '194.78% 199.65% 9 100.0% 2038 194.78%u 204.64% 10 'IUU.U% 'LU39 '194.78% 209.76% tr1 i Ln 1690 Maple LR Tax Analysis 04.02.09.xis Kane, McKenna and Associates, Inc. PRELIMINARY d FOR DISCUSSION PURPOSES ONLY Clty of Evanston Lower Range Assumptions 1890 Maple Avenue Absorption Assumptions Absvrp. Annual Units/So. Ft. Occupied Year I 2 3 4 2009 2010 2011 176 18,0001 1 2012 j I 2013 I I I 2014 I 2015 I I Totals 176 18,000� 0 w '1890 Maple LR Tax Analysis 04.02.09.xls • 5 D 0 Kane, McKenna and Associates, Inc. � i PRELIMINARY • FOR DISCUSSION PURPOSES ONLY City of Evanston Latvar Bnnpo Aasuinpllans call hlapofAvmm Enlhnala 0 Equa aoaaod V9luallon 0- FAUnwtud Equalized Ansasand Valuation for Tax Assessment Y3ar zoos Component Project Class Sq. FI.1 Madiol Vuluu % Occupied 56 Rousslnnt, Prepgily Assessment Assessed Equalization Adj. Equalized Homeowners Equalized Raul Estate Name O9501011011 Coda Y Units So. FI.IUMI for Year Occunancv Factor Value Leval Valuu Factor Assessed Value Exemullon Assassad VaI1N Tax flute Texas 1 Apaflinnlnls 1 176 150,a0D.00 0.0016 0.0016 100.0016 0 *111116 0 2.04390 0 0 0 1.20396 0 2 Retail 3 10,000 150.00 0,001E (IM1116 1130.0091, 0 25.00% a Z04390 0 0 0 1.203" 0 3 0 U 0 0.00 0.00% 0.0096 10U.U016 0 D.UUa, 0 2.84390 D D 0 1.203%0 4 0 0 0 0,00 0,11u1L 0.110;L 100.0016 0 u,00S6 i1 2.04390 0 0 0 1.203% 0 5 0 D 0 0.00 O.OD;6 0.0056 109.00% 0 0.007. U 2,0439D 0 0 0 1.203% 0 U 111A 0 0 0.00 0.00;6 0,009L 1110.00;6 a 0.011% 0 2.0,1390 0 0 D 1.203*6 0 7 I -AA 3 0 DO) 0.00% 0,0016 10D-00% 0 20.00% 0 2.W1390 0 D 0 1.2113% 0 0 HIA 3 0 0.00 0.00% 0.00% 100.11D;6 0 25.009E 0 2.0,1390 0 0 0 1.2i13% 0 0 FMA 3 0 Moo 0.00% 0.0016 100.UD;6 0 25.1109E U 2,04390 0 0 0 U031G 0 10 NIA 3 U 0.00 0.00% MGM 100.013% 0 25.00;6 U 2.04390 a If 0 1.2113% 0 11 NIA 3 0 0.00 0.00% 0.00% 100.00;6 0 25.011% U 2.0.1390 0 D 0 1.2113;6 0 '12 14/A 3 0 0.00 0.0016 0.00;6 10UA016 0 26.0056 0 2.04390 0 0 0 1.2113% 0 13 11/A 3 0 O,Ou 0.110% 0.11014 100.01316 D 2b.Uu96 0 Z.04390 0 0 0 1.203% 0 14 NIA 3 0 0.00 0,00% 0.00% 100.001. 0 25.0016 0 ZU4390 0 0 U 1.211356 0 15 HIA 3 0 0.01) 0.0016 0.0096 1110.00% 0 25.01196 0 2.043011 0 0 0 1.203% 0 Totals 0 0 0 Estimated Equalized Assessed ' Valuallen for Tax Assessment Year. 2010 Component P/oject Class Sit. FI.r 6fadel Value 1,6 Orcuplad 96 Reassuvd, Prulmily Ausussmunl Assssgad EquuUzallun Adj. Egnmlizod Hamoo,mare Equalized Real retain Halms D95C11011011 Coda D Wils Be. FLIUeII for Year Occuaancy Factor Voluo I. oupl Vmhfa Pricier Assessed Value ExomDllon Assassad Value Tax Bala Tams 1 Apm9nunls 1 170 160.0011.00 0.1)(156 0.0g56 102.5016 0 10.00% 0 Z0439P D D 0 1.20316 0 2 rtalali 3 IU,1100 150.00 0.119% 11.011% 102.50. 0 25.130% 0 2.04390 0 0 0 1.203% 0 3 0 0 0 0.01) 0.009L 0.0016 102.50% 0 D.Oo6 U 2.04391) 0 0 0 1.20316 0- 4 0 0 Il 0.00 0.0016 0.00% 102,5016 0 0.0056 0 2.11d390 0 0 0 1.211351, 0 5 0 0 0 11.00 0.1101% 0.0054 Ms056 U 0.00;6 u 2.04391) 0 0 0 1.21131,6 D a MIA 0 0 0.00 0.0016 0.001% 102.50% U D.00SL 0 2.6.I39D 0 0 U 1.20356 0 7 NIA 3 0 0.1)D 0.0016 0,0056 102.50;6 U 25.00;6 0 $Od390 a a 0 1.2035E 0 a NIA 3 U 0,110 11.0056 0.00% 102.11096 0 25.0016 0 Z,U430D 0 a 0 1.20356 U 9 NIA 3 0 0.00 U.M. 0.001� 102.601; 0 25.011% 0 U4390 0 0 0 1.21139.E 0 10 HIA 3 0 0.00 U.00;6 0.00;: 102.601E 0 25.011% 0 2.043911 0 0 0 1.2113% 0 11 HIA 3 0 0.00 0,001E 0.001% 102.5015 0 26,1101E D 2.0.1390 0 0 0 1.2111356 0 12 141A 3 0 0,00 0.0016 0,01151 tU2.5im 0 25.001.6 D ZL14300 0 0 0 1.211396 U 13 HIA 3 0 o.00 0.007E 0,009E IU2.5O1+ o L6.0016 0 2.U,130D 0 0 0 1.211316 D 14 111A 3 0 0.00 O.umm 0,1311;6 IM-So". 0 M130% 0 2.0430D 0 0 0 1.21131E 0 15 WA 3 0 0.00 0.005E 0.11011 102.50% D 25.005E 0 Z04390 0 0 0 1.2035E 0 Tulola n O 0 Gslfmalud Equalized Asouaood Valuation for Tux Aosousmaid Year. 2011 Component Prujucl Clang Sri, I'IJ Madrid Value 56 Occupied 56 Roasslnal. I'ropudy Assussmoid Asuuusud Equalization /uij. Equalized Homeowners Equalized Raul Estate Hear" Duscilutinn Coda II 1.11015 So. I Llunt1 far Your Occunnnev Factor Vulua l'p__I I/o lug F,arlor ARGaased Value 11mmoellun Assousud Volus Tax Rain Taxes 1 Apmenranle 1 176 1G0,0110.00 50.005E 1110.001E 102.501E 1.1.432,000 10,001A 1;143.209 2.0,1390 4,104,316 0 4,104,310 1.203% 52,050 2 Retail 3 to,000 160.00 50.11014 1110.00% 102.605E 1,303,760 25.110;6 305,9311 2.114390 903,012 0 903,U12 1.2031E 12.622 3 0 0 0 0.00 0.001.6 0.00% 102.5016 0 0.00;6 0 2.04390. 0 0 0 1.2035E 0 .1 0 0 O 0.00 O,ua16 0.009E 102.501E 0 0,90% 0 2.04390 0 0 0 1-20356 a a O O 0 0.00 0.0131E 0.00% 102.501E 0 0.11M 0 2.04300 if 0 0 1.21131E U 0 F1/A 0 0 0.01) 0.001E 0.001E 1132.5111E a 0.0131E 0 2.0430D 0 0 0 1.2031E 0 7 I4/A 3 0 0.00 0.0095 0.00% 102.5U56 0 25.001E a 2.04390 0 a O 1.203% 0 0 O NIA 3 a O.Ua 0,001E 0.001'. 102,50/6 a 25.e016 0 7-0,13911 0 O u 1.2035E 0 9 H/A 3 0 0.00 0.001, muols 102.S111: 0 26-110% 0 3.04390 a 0 0 1.2031E 0 10 14/A 3 a 0.00 0.004E 0.001E 102.50-6 0 25.001E 0 2.0,1300 0 O 0 1.2035E 11 NIA 3 0 U.00 0.00% 0.001E '102.50;6 0 25.001E 0 2.0.1390 O 0 0 1.28316 U 12 NIA 3 0 0.00 0.0016 0.001L 102.503 0 25,001E a 2.811300 a 0 0 1.21135E 0 13 NIA 3 a 0.00 0.00;6 0,005E 102.501". 0 26.0011 0 2.0,1390 0 0 0 1.2031E 0 1 1.1 HPA 3 a MOD 0.001E U.0016 102.50.6 0 25.Og1E 0 2.0.1300 0 0 0 1.2030% 0 v 15 WA 3 0 0.00 13.0131E 0,001E 102.50.6 0 25.001E 0 2.0-1391) 0 0 0 1.2030% 0 Totals 15 015.750 5 09n, `211 09.201 LU r w City of Lv►►nston Lower Range Assumptim 1990 h1uple Avenue Base LAV Analysis Estimate using 2007 EAV data Buse P[N EAV 1 11-13-112-0,15 1,477,23 fi 2 11-18-112-046 30,134 3 l 0 5 0 G 0 7 0 8 0 9 0 !0 0 11 0 12 0 13 0 Id 0 15 0 IG 0 Total 1,507,372 '1890 Maple LR Tax Analysis 04.02.09.xis • Kane, McKenna and Associates, Inc. C7 • Ek21-IBIT C • 0 PRELIMINARY - FOR DISCUSSION PURPOSES ONLY City of Evanston Uppor Range Assumptions 1090 Maple Avenue Preliminary Tax Pro Forma Levy Year: 2009 2010 2011 2012 2013 2014 2015 2016 2017 Component Project Class Sq. FIJ Market Value hymn Code aE 1111 Yr. I Yr, Z I! Apartmentsescrlplion 'Relail I7G1; 240 000,0p 0 01Yr.0315G 11751 1Z 312 949 92.936,293) 12,J30 2931 12 Jr36,293 13 030,9721 13 930.972 2 3 18.000 150.00 0 0 903.8121 1.967,623 2,0871Z34 2,067,2341 2,067,234 2,2ZG,105 T.,2Z6,105 3 0 0 1 0 0.00 I 0 0� 01 0 0� Of 0 0 0 4 01 0 1 0 1 0.00 1 01 41 01 0 Of 01 01 0 0 5 01 0 1 0 1 9.00 1 (f1 Of p of Of 01 0 0 0 Total EAV All Components ( I 1 I 01 01 7,140,280 14,200,573� '15.003.5271 15,003,6271 16,003,5271 16,167,1571 16,157,157 1. Incremental Property Taxes:' (o) Base EAV I 1 I 1 1.607.3721 1.507.372 1.507.3721 1.607.3721 1.507,3721 1,507.3721 1.507.3721 1.507.3721 1,507.372 (b) Incremental EAV 1 I I I 9f 01 5,032,9141 12,773,2011 13,49G,i551 13.49e.1551 13,496,1551 '14.6.1 851 14,649.705 (c) Tax Rate 1.2830% I I I 1 I 1,2030 1 1,2030%1 1.20309%1 1.20300/61 '1.2030%1 1.2030%1 1.2030%1 1.20300/0 1.2030% 1 (d) Total Est. Incremental Proper(y Taxes I 1 I OI 01 I Oi I 72.2701 f •103,0001 I '173,156' I 173.1561 '173,1551 107.957 (a) Incremental Properly Taxes far Redevelopment I I t I I I I t Costs ; I 50.00%( I I 01 01 Of 36.1351 111,0401 86,6701 06.6701 180.5701 93.970 (1) Cumulalive Incremental Properly Taxes to Protect I 1 0 0 01 36.1361 110.0751 204.6531 291.231 f 377,0091 471.707 1 I .i0) Incremental Properly Taxes for City 1 1 01 p) 1 0 36,135 1 8'1.9-101 1 06.6701 06,5741 1 116,17111 93.970 costs: 1 sp. I I i I i (h) Cumulative Incremental Property Taxess to to C(P� f of 01 01 36,135 118,075f 204,683I 201.231 377,8091 471,747 Summary Other Districts Incremental Properly Taxes to Other Tax(no Districts j 'rax Rate 1 5„34600% 0 01 0 301.1361 002.0551 721.5041 721.5041 721 5041 703,174 Cumulative to Other Taxing Dislricls J � 2007 I I 01 01 0]] •1 301,1901 983,9911 1.705.4951 2.427.0001 3.1.10.6041 3,931.682 • i I Incremental PropertyTaxes (o School District 65 f � 1 2,53500%1 I 01 I 01 Of I 142,7941 I 323,0011 342.1201 I 342.1201 342,120 371.372 Cumulative to OlherTaxinO Dislricls 1 I I of of I 61 I 142,7941 46615951 008,7231 1.150,8601 t 1,492.97111 ! 1.1164.350 I Incremental Progeny Taxes to b0nh School District 2021 I 1 I 1.750I)iM 1 of Of of 00,5761 223 .5311 236.103 236.1031 236.1831 250,371 Cumulative to Other Taxing Districts II 1 I I I I I I I 01 t 01 I 0j 00,5761 322,1071 I 608.2901 I 794.4721 ! 1,030,6551 I 1.Z87,02G n ( 1o9r -1I0axAnalysis 04.16,09.xis • • I'Ittil-IMINARY - FOR UISCUSSION PURPOSES ONLY n N City of Evanston�r Range Assumptions 1090 Maple Aver Preliminary Tax Pro Forma Component Project Class Sq. FIJ Name Descrlollon Code it Units .I (Apartments 1 176 2 Retall 3 10.000 3 0 0 0 4 0 0 0 5 0 0 0 Total EAV All Components 1. Incremental Properly Taxes: 1 I ( (a) Base EAV I I (b) Incremental EAV I I (a) Tax Pate 1.2830% I (d) Total Est. Incremental Properly Taxes 1 l I I � (2L Inoremenlai Properly Taxes for Redevela ment Costs : 50.00% ID Cumulative Incremental Properly Taxes to Prolecl 1 1 I � yqj Incremental Properly Taxes for Clly I I Goals: I 50.00"/. 1 (h) Cumulative Incremental Properly Taxes to City 1 Summary Ocher Districts I Incremental Properly Taxes to Other Taxinn D{siricls 1 Tax Rate Cumulative to Other Taxinn Districts 2007 1 1 I Incremental Prooertv Taxes to School Dlslricl 65 I Cumulative to OlherTaxino Districts r Incremental Progeriy_Taxes to Niph School District 2021 Cumulative to Other Taxlnq DlsUicls 1090 Maple UR Tax Analysis 04.10.09.xls Levy Year: 20'10 20,19 2020 2021 2022 2023 2024 2025 Markel Value So. Ft./Unit Yr.10 Yr. 11 Yr. 12 Yr. 13 Yr. 14 Yr. 15 Yr. 16 Yr. 17 240,000.00 13,030,972 16,002,133 15.002,133 15.002.133 16,155,657 16,155,667 -16.155.657 17.397,075 150.00 2.226,105 2,397.358 2,397.361) 2,397,3511 2,5111,692 2.561,692 2,50-1.692 2,7110.290 0.00 0 0 0 0 0 0 0 0 0.00 0 0 0 0 0 0 0 0 0.00 0 0 0 0 0 U 0 0 16,157,157 '17,300,491 17,399,491 17,399,40'1 10,737,349 10,737.349 10.737,349 7.0,170,075 1.50713721 1,507,3721 1.507,,372 1.507.372 1.507.3721 -1507.3721 1,607.3721 1,507.372 14,640051 15,0921101 15.092,,11fll 15,092.1101 17.299,9771 17,220,0771 -17.229.9771 10,670.703 1 1.2830%1 1.2030"/0 1.2flalmI 1.2030% I 1.2030"/"l 1.2030%1 I 1.2830%1 1.2030% '1 I I 107.9671 1U1,95T I 203:0961 203.0961 1 203,0961 221.0611 2211.0611 221.001 93,970 03;970 101,946I 101.9401 565.765 650;74il761.692 863,640 '1019401 965:5001 110,5301 1.1376.1101 110.5301 1.1116.1541) 110.630 1,297.179 1 93,0701 03.9701 101.9401 101.9401 -101.9401 110,530 110.5301 1110.530 565,1-661 659„744 7.61,6921 063.'6401 965.6081 1,076,1101 -1,166.6401 -1,297,179 5.34000"61 I ' 703.1701 1 703,1781 I 049,5931 I 840,5031 I 8.19.5031 I 021.1161 1 021.1161 021.115 4.714,D691 5,490,037 6,347,629_ 7,107.2221 0,046,0131 0,067.9291 9.009,0.141 10,010.159 2.63500/" 371-372 371,372 402,065 402.865 •102.0651 436.7801 430.7001 436.780 2.235 722 2 607 094 3,009,'959 3,412,024 3.016,009 4.252.4091 4,689.249 5,126.029 1.7500094 256 371 266 371 270,112 278.1,12 270.1121 301,625 301,5z5 301.625 1,543.390 1,799,769 2,077,001 2,355,993 2,634,1051 i 2,935.630� � 3.237.1541 � 3,530,679 PRELIMINARY - FOR DISCUSSION PURPOSES ONLY City of Evanston Upper Ranger Assumptions 1000 Maple Avenue Preliminary Tax Pro Forma Levy Year: 2D26 2027 202D 2029 2030 Component Project Class Sq, F1.1 Market Value Flame Descriollon Cade 1A Units Sty KIUnit Yr. 18 � Yr. 10 Yr, 20 Yr. 21 Yr. 22 1 Apartments 1 176 240,000.00 17,307.878 1T,397,875 10,735,8DD 10.735,G09 10,735,009 7. Retail 3 18,000 150,00 2.700.2001 2,780.200 2.093.972 3,000,1121 3,145.541 3 0 0 0 0.00 01 0 01 0 0 4 0 0 f 0 0.00 DI D D 0 0 5 0� 0 I 0 0.00 1 Oi 0� DI 0 0 ° Total EAV All Components 1 I 1 I 20,178.0761 1 20,170,0751 I 21,720,5001 I 21,OD4,430� 2.1,601,•150 I, Incremental Property Taxes: 1 f t 1 � � , (a)'Base EAV 1 I 1 1 I 1,507.3721 I 1.507.3721 ► 1.507,3721 I -1,507,3721 1.507,372 (b) Incremental EAV I 1 10,070,7031 10,070.7031 20,222.2081 20.207,0501 20.373.770 (c) Tax Rate1.2030% j I 1 1 1.2030%1 1 1.2030%1 1.2030%1 '1.2830%1 1.2030% (d) Total Est. Incremental ProDerly Taxes I I 1 230.6451 I 239,5451 I 239.5451 259.4511 260.4VI (a) Incremental Properly Taxes for Redevelopment 1 I I Costs : 1 5o.00%1 1 ► 119,773 110.7731 110,7731 129.725� 130.206 (1) Cumulative Incremental Properly Taxes to Prefect I I I 1,416.9511 1.536,72,11 1.656.490I 1,780.222 1,91G,I27 Incremental Property Taxes for City 19,73I '119.7731 I I 110.7731_) I 129.7251 130.20G Costs : I 50.oD'/o I I I I I I I (11) CiUrrlUlatlVe Incremental Properly Taxes to Cily 1 I 1 1.416.961 1,635.72,11 1.666,4981 1.706.2221 1,016,127 Summary Olher Districts I 1 I I I Incremental Properly Taxes to Oiher,raxin0 Districts I Tax Rate 5.34600%al 99D,1301 998,1201 000.1301 1,081,0701 1,085,001 Cumulative to OlherTaxinO Districts 1 20D7 1 11,000.2941 '12.006,4301 13,004,6661 14.085,6451 16.970.726 Incremental PropertyJaxes to School District 66 ( 1 2.63500%I 473,3021 473.3021 473,3021 512,6331 514,630 Cumulative to Other Taxing Districts I 1 1 6.599.3321 0.072.0341 6.545,9361 7,050.660i . 7,573.100 •Incremental Prope rty Taxes to Hlclll School Olsirtct 2021 1 1.75000,61 320.7371 328,7371 326.737� 353.8091 355.199 :Cumulative to 011lerTaxinn Districts i ' I 1 3.855.4161' 4,1 92,1541 4.6-10,001 4,072,779 5,227.978 1 w '109U anaplAl" Analysis 04.10.09.xis • PRELIMINARY - FOR DISC*ION PURPOjES ONLY • City orLvanslon Upper Plunge Assumplioms 11190141upie Avenue Carroll Properties Development Avg, initial Sq, Ft. Avg. Inithd %Stiles : %Stiles Component Project Ctuss Sq.1°1.1 Miorlret Vnluc Gencraliug Sales Tuxabla (Lucid Tuxubla Plonc I.1R Nnine Description Code if Units Sq. rt./Utiil Sales Tax Sq. GIJUuiI Stiles Tax) par. Sales Tux) I Apartments 1 176 240,000.00 0 0 0.00% 0.00% 2 Retail 3 13,000 150.00 10.000 399 1.00% 0.20% •raltils Notes: Preniwuury astimale orresidanlitd murlml Value Project Hol ]as retail 3,13 I,ii2U Class Cullesi dom not include real estate taxes Exempt ll Estimate of Assesso_ is asap rate 7.5000i19 Industrial (611 laigible) I Tux Rate H/A Indusirial 2 Fully loaded cap rala 7.5.000% Cont►ncrcLd 3 Residealbd d Csti,nulcofFIVIV 41,797.600 237.,186.36 per will Vomit Ltiad S Gsliniale of discuatit rate Adusted rMV 37,617,0,10 213,737.73 liar unit Asessltient nice 10% Mutliptier 2.0,139 Equalized Assessed Vubrc I0,6911,133 53,97E taxes par will t7 1090 Maple UR Tax Analysis 04.02.09.0.5 Kane, McKenna and Associates, Inc. PRELIMINARY - FOR DISCUSSION PURPOSES ONLY City of Evanston Upper Range Assumptions 1890 Maple Avenue General Assumptions Sales Tax Inflation' Rate (Yr. 1-10) 2.5% Reassess. Sales Inflation Sales Tax Inflation Year Facto Factor Rate (11-25) 2.5% 2009 100.00% 100.00% Properly Tax Inflation Rate 2.5% 2010 * 102.60% '102,60% % Inc. Prop. Tax for Project 100.0% 2011 102.50% 105,0G% Tax Rate 2007 1.2830% 2012 102.60% 107.69% 2013 * '107.69% 110.38% Equalizer - most recent 2.8439 2014 107.69% 113.14% Industrial Assmnt. Rate 25.0% 2015 107.69% 115.97% Commercial Assmnt. Rate 25.0% 2016 ° 1.15.97% 1-18.87% Residential Assmnt. Rate 10.0% 2017 115.97% 121.84% Vac. Land Assmnt Rate 10.0% 20'18 '115.97% 124.89% Assmnt. Rate aprtmnts. 10.0% 2019 " '124.89% 128.01 First Levy Year 2009 2020 '124.89% 131.21% First Tax Collection Yr. 2010 2021 '124.69% 134.49% Annual Absorption of Units 100.0% 2022 " 134.49% 137.85% Local Sales Tax Rate 1.0% 2023 '134.49% '141.30% Home Rule Tax 1.0% 2024 134.49% 144.83% Base Sales Taxes 0 2026 " '144.83% '148.45% Homeowners Exemption 0 2026 '144.83% 152.16% 2027 144.83% 155.97% 2028 * 155.97% 159.07% Initial Absorption Rates: _ 2029 155.97% 163.86% 1 50.0% - 2030 '165.97% 167.96% 2 50.0% 2031 " 167.96% '172.16% 3 100.0% 2032 167.96% '176.46% 4 100.0% 2033 167.96% 180.87% . 5 100.0% 2034 * 180.87% 185.39% G 100.0% 2035 180.87% 190.03% 7 100.0% 2036 160.67% -194.78% 8 100.0% 2037 '194.76% 199.65% 9 '100.0% 2038 194.78% 204.64% 10 100.0% 2039 194.78% 209.76% C) i Ln 1890 Ma&R Tax Analysis 04.02.09.xls Kane, McKenna and Associates, Inc. • PRELIMINARY - FOR DIS(SION PURPOSES ONLY .7 City of Evanston Upper Range Assumptions 1090 Maple Avenue Absorption Assumptions Absorp. Annual Units/Su. Ft. Occupied Year '1 2 3 4 2009 2010 2011 '176 '18.000 2012 20'13 I 20'14 2015 Totals 176 18,000 0 a 0 n a' .1890 Maple UR Tax Analysis 04.02.09.xls Kane, McKenna and Associates, Inc. PRELI611NA11Y. FOR DISCUSSION PURPOSES ONLY City of Evanston Upper Rm)po Ase)nnptlaaa 1090 Maple Avenue Eallrllale of Equalltud Assessed Valuation Esllnlulod Equalized Assassad Valuation for Tax Assessment Year. 2009 Component Projucl Class Eq. FLI fAmiwl Voluo % Occupiml 9: Reossaull, Flaporly Assessment Assessed Equalization Adj. Equalized I lolnoelvners Equalized Real Estatu Nmna Desuinllau) Cede It Units Go. FI.IUnll for Your Occunancv Factor Value Level Value Factor Assassad Value Exenintlan Assossed Vntuo Tax Rule Taxes 1 Aponmants 1 176 240,0000D 0.0096 0.01194 100,00% 0 10.009: 0 2.04390 0 0 0 1.203.E 0 2 Retail 3 10.000 150,00 0.001E a,0U96 100,0096 0 20.00E 0 2.0439D 0 a O 1.28396 O 3 D 0 0 0.119 O,U096 0.00% 100.009: 0 QO9S6 0 2.0439D 0 U 0 1.20316 0 4 0 a 0 0.00 0.0016 0.00% 100.11V% 0 0.0014 u 2,G4390 O 0 U 1.20316 0 6 0 0 0 0.00 O.U096 0.00% 100.00% 0 0.009E r1 Z,U4390 0 0 O 1.263% 0 0 NIA 0 0 0.00 0,009E QXU% 1OD.0091. 0 0.009E 0 2.04390 0 U 0 1.2039E 0 7 (I/A 3 11 0.00 0,009E 0,001E 100.009E 0 25.609i U 2,11-0390 0 0 0 1.203116 0 U NIA 3 0 O.UO 11.0096 0.00% 10NW% 0 25.11111E 0 Z0,1300 0 0 0 1.10396 0 9 h1/A 3 0 0.011, 0.00:5 0.0015 1110.009E 0 26,00% 0 Z04390 0 0 0 1,21139E 0 10 FI/A 3 O U.UU 11.0896 0.0016 100.0096 0 25,009E 0 2.0,1390 0 0 O 1.20314 0 11 NIA 3 0 0.00 O.UD% 0.00% IOO.U096 0 M00% U 2.04390 0 D 0 1.203% O 12 NIA 3 0 0.00 0.009E 0,009E tOd,0016 0 25.DO96 0 2.114390 0 0 0 1.20314 0 13 11IA 3 0 0.00 0.0094 U.0096 100,0D% 0 25.00% 0 2.04390 0 U 0 1.203% 0 14 PIIA 3 0 0.00 0.009E 0,009E 100,009E 0 25.00% 0 2.04390 0 0 0 1.2113% 0 15 WA 3 0 D,00 0,0096 R00% 100,001. 0 26.001t 0 2.04390 U 0 0 1.2039E O Totals 0 0 0, Uallmaled Equalized Assessed Valuation for Tax Assasslnant Years 2010 Contponmd Project Class 3% FLI Matkul Valuo 96 Occupied 95 Ruessnnd. Properly Assussme)d Assessed Equalization Adj. Equalized Homeowners Equalized Real Estate (Reno Ouscrlailoit Code r► Undu Sq. F1.I1.1riil for Year Occupancy Factor Valero Level Value Factor Assessed Valuu Exentnllon Assassad Valera Tax Polo Tomes 9 Anwintonla 1 170 2.10.0umoD 0,009E 0.009E 102,609E O 10.0096 0 2.04390 0 0 0 1.20316 0 2 Relull 3 10.000 150.00 0.001E 010096 102.50% U 25.UD% 0 2,114390 0 0 0 1.203% 0 3 0 0 0 0.00 0.009E 0,001E 102.509E 0 0.0096 0 2.84300 0 0 0 1.2113% 0 •1 0 0 U 0.00 0.0096 400% 102.50,16 D 0.1101E 0 2.114390 0 0 D 12039E U 5 0 0 0 MOD 0.001: 0.009'. 102.5016 0 0.0096 0 2.114390 O D 0 1.211396 0 0 NIA 0 0 0.00 0,009E O.U016 102.5076 0 0.009E 6 2.0.139D 0 U 0 1.2039E 0 7 HIA 3 0 0.110 0,0016 0.00% 102.50*6 0 25,UD96 0 2.0d300 0 0 0 1.20316 0 0 HIA 3 D 0.00 0.009E 0.00% 107-5046 0 25,001E 0 2.04390 0 0 0 1.203*6 0 9 14/A 3 0 0.00 0.00% 0.1109E 102.50% 0 25.009E 0 2.114390 0 0 0 1.20316- 0 10 1•1/A 3 0 0.00 0.06% 0.11096 102.5011E 0 25.0119E 0 2.04390 U 0 0 1.2039E 0 11 PIIA 3 0 0.U0 0.009E 0.009E 11)2.50% 0 26.009E 0 2.0,1393 0 D 0 1,21139E 0 12 HIA 3 O 0.00 0,00% 0.0096 102.50% 0 26.009E 0 2.04390 D 0 0 1.203% 0 13 NIA 3 0 0,00 (Lou% 0.1110% 102.509E 0 26,009E 0 204390 0 U D 1.2096 0 14 WA a 0 0.00, 0.009E 0,0096 102.5096 0 25.0016 0 2.U4390 U O 0 1.211316 0 15 II(A 3 0 0.00 0.00" 0.110% IU2.5076 0 25.001E U 2.0,1390 0 0 0 1.203*6 0 Totals D D O EslOnalad Equalized Assessed Valuation tar Tax Aoaonsrnanl Yuan 2011 Curaponanl Project Class Sq. FL! Market Value 96 Occupied 9: Itansanml. Properly Assosstnonl Assossed Equnlizolion Adj. Equallzod 4lomoovmers Equalized Real Estate Tmaas I'Mino Ons"IDllOn Cade It Notts Sq. 1°1.IUn11 for yonr Oeeunancy Factor Value Leval Value Factor Assessed Veluu Exemallun Assessed Value Tait Role 1 Apartmanlo 1 170 740,000.00 511.009E 100.00.6 102.6011. 21,640,000 10.0119E 2,164.000 2.04300 G,150,475 D 6,15G,475 1.2039E 70,900 12.522 2 Retail 3 10.000 15D,00 50.009E 100.tl096 102.509E 1.303,750 25.009E 345,030 2.0439U 903.012 0 903,012 0 1213396 1.20396 0 3 0 0 0 D.U0 11.0096 0.00% 107.5016 D 0.0096 0 2.U-13911 0 0 0 4 0 0 0 0.011 0.001E 0.00% 102.509E 0 O,U016 0 2,114301) 0 0 0 1.203% 0 6 0 0 0 0.00 U.U0% 0.00% 103.501.4 D DAD% 0 2.114390 D 0 0 1.2039E 0 O NIA 0 0 0.00 0.009E 0.001E 102.51396 0 0,009E O 2.0.1390 0 0 0 O 0 1.203%h 1.2031E 0 7 NIA 3 0 0.00 0.00% 0.00% '10'L50% 0 20.001: U 2,114390 0 0 0 1.2039E 0 0 NIA 3 0 0.00 0.00;o 0.01P.6 1132.509E 0 25.00*6 0 2.114390 0 0 0 1.21139E 0 9 tI/A 3 0 0.00 0.00% 0.009E 102.5096 0 25.0016 0 2.aA399 D 0 0 1.211396 0 1U MIA 3 0 e.e0 0.1109E e,0096 102.5096 0 25.001E 0 2.0-13911 O 0 0 1,2039E 0 11 NIA 3 U 0.00 0.1109E 0.00% 10? 5016 0 P5,OO96 0 2.04390 0 0 0 0 1.20396 O n 12 I•UA 3 1) 0.09 0.00". 0.00% 102.50% 0 25.0096 0 2.0A391) U 0 1.2039E 0 t 13 14/A 3 0 U.00 0,009E 0.00% 102.501E 0 25.UU9: U 2.0-1390 0 �I 1.1 141A 3 0 0.09 0.009E 0.00% 102. 5U94 U 25.001E 0 2.0,13911 0 U O 1120376 0 I5 1.1/A 3 O 0.00 0,001E 0.009E 102.60% 0 2.5.00*4 0 2.0-1390 0 0 0 'l.203% 0 Totals 23.031.759 7.1.10.200 1)1,610 • EXHIBIT D • Sales lax inflation factor 2.50% '1890 Maple Retail Sales Tax Analysts Proposed Specialty Grocery Store Assume 13,000 s.f. user Project S.F. 13.000 and 15 year term or incentive 2009 2010 20.1.1 2012 2013 Protected Sales Taxes: I I Salesubecl toff Local Sales Tax 15,600,000 '15,990. 000! .16,389,750 '16,790,494 Assume grocer l safes I I 2 /; 2.50%1 2.59%1 Sales Subecl to 1% Home Rule Sales Tax 1 I 1 1 2.340.000 2,398,5001 2,458,4031 ! 2,519,9241 Assumes 85% food/drug sales j j 1 and '15% subject to WR tax I 1 I I Grocery Store local sales lax 1% 01 156,0001 •159.9001 -163,13901 167.9951 Grocery Store home rule sales tax •1% 1 0 23,400 23,9851 24,5051 26.1991 home rule j I 1 I I Tolal ( 1 I 1 I I - 1 -179.400 1 I I 1133,005 I I 18D,482 J i 193,194 1 Base Allocations: J J City Base Year allocation JNol applicable I I I I Net for Project and City excluding home I I I - I 150,000 1 I 109.900 I I 103,0911 1 I '167,995 rule tax I I ! f I I Project Allocation I - I - I - I - I -I Assume $11/s.f. maximum amount per yr. 1 1,13,0001 143.000 I 143.000 '143,0D0 I Assume 51119.1. maximu►n'amount per yr. to developer ' 1 143,OU0 143.000 1 143.0001 143,0001 Cumulative J I - '143.0001 206,0001 129.000I 672,0001 Remainder to Cily (1% share) 13,000 16.9001 I 20,898 1 I 24,995 1 Cumulative J 1 I I J •13,000 I I 29.9001 I 50,7971 I 75,7921 I I I City Allocation 1% plus (dome Rule Tax ( I - 1 36.4001 i 40,0851 I 45i482 I 50,194 I Cumulative 1 J - 1 36,4001 77,285I 122,767 1 172,96'11 Additional Tax (( I I I I I I Liquor Tax 1 I 6.00%1 I 1 1 1 Projected Linuor Sales 1 1,072,0001 1,910.800� 1.956,770 2.0-15,9391 Projected Liquor Tax ( I '112,3201 115.128 116 006 120,9561 Cumulative I I I 112,320 J 227.448 1 345,454 466,4'11 I v i •1890 Maple Grocery sales taxes 04 16 09.xis 0 2014 20'15 17.219.4 81 17.649.968 2.5D% 2.50% 2.502,9221 j 2,047,495 172.1951 176,500 25,8291 26.475 1 198.024 1 . 202,975 •172,195 1 176,600 143,000 1 143.000 143,0001 143,000 715,000 I 858,000 29.195 1 33,600 104,987 J '138,487 J 55,024 J 59.975 227.985 I 287.960 2.066,3361 2.117.996 -123,9801 127,080 590.391 I 7'17, 171 Sales tax Inflation factor 2.50% Project S.F. 13,000 Projected Sales Taxes: I Sales Subset to 1% Local Sales Tax Assume specially grocer with liquor sales I l Sales Subect to 1%Home Rule Sales Tax Assumes 85% food/drug sales and 15% subject to HR lax 1 Grocery Store local sales tax 10/a Grocery Store home rule sales tax 1% home rule Total Base Allocations: City Base Year alocalion Not applicable .I Not for Project and C ltv excluding home rule tax I I Project Allocation I Assume $i j Ils.f. maximum amount per yr. I I Assume $111s.f. maximum amount per yr. to devei Cumulative Remainder to City (1% share) Cumulative City Allocation 1 % plus Home Rule Tax Cumulative I Additional Tax Liquor Tax 1 6.00%1 Projected Liquor Sales Projected Liquor Tax Cumulative I d i r� 1090 Maple Grocery sales taxes 04 10 09.ris '1090 Maple Detail Sales Tax Analysis Proposed Specialty Grocery Store Assume 13,000 51 user and -16 year term of incentive 2016 2017 2010 2019 2020 2021 18.09-1,217� 18,543,498 19.007,085 19,482.262 19,969,3.191 20,468,552 2,50% 2.50% 2.50% 2.50% 2,713,6031 1 2.701.525 2,051,063 I 2,922,339 2,995,398 3,070,283 I 100,912l' I 185,4301' I 190.0711 i 194,8231 '199,6931 204,606 27,1371 27.81.61 28;51'11 I 29,2231 I 29,9541 I 30,703 208,0491 I 213,2501 I 218,5011 ! 224.046 I 22.9,6471 235.300 100,912I i 105,4361 1 190,071I ' 104,023I 1119,693 204,606 143,000 1%13.0001 -143.0001 I 143,000 -143,000: 143.000 143,000 '143,000'I' 143,0001 143.000 •143.000 143,000 1.001,000 11-144,000 I 1.207;000 1 1,430„000 1 ' 1.573,000 1,716,000 37.912 i 42.435 1 47.07-1 I 5'1,823 56,693 61,686 176,39Oi 218,834 265,005 1 3.17.726 374,421 436.106 65.0491 I 70.2501 75,50'1 I 81.046I I 06,6471 92,388 353,0091 423.2591 1 498,841 579.8871 666,534 758,922 I 2.170.9461 � .21225.220 1 2,280,0601 2.337,07-11 2.396.318 2,455,226 '130,-,257 133,G13� 136,B511 -140.2721 143.779 147,374 847.727 981,241 1.'118 092 I 1.258.364 I -1,402.143 1,549,5-17 C7 w Sales lax Inflation factor 2.60% 1090 Maple Retail Sales Tax Analysis Proposed Specialty Grocery Store Assume 13,000 s.f. user Project S.F. 13,000 and 16 year term of Incentive 2022 2023 2024 2026I Projected Sales Taxes: I Sales Subect to 1% Local Sales Tax 20,000,2661 21.504.7721 22.042.392 22,593,451 Assume specialty grocer with liquor sales Sales Subect to 1% Home Rule Sales Tax 3,147,0401 3,225,7.161 3,306,3591 3,389,018 Assumes 85% food/drug sales J ! j and '15% subject to HR tax 1 ► I Grocery Store local sales tax 11% j I 209,0031 j 215,0481 I 220,4241 225,935 Grocery Store home rule sales tax 1% I 31.4701 32,257I 33,0041 33,890 home rule I I I Total 1 I 241,273 1 I 247,305 1 253,488 J 259,025 Base Allocations: 1 I 1 I I i I 611v Base Year allocalion INal applicable I - Net for Project and City excluding home ! 209,803 ! 216,040 1 220,424 1 226,935 rule tax I I I I Project Allocation I 1 - 1 _ j - I _ Assume $11is. f. maximum amount per yr. I I I I '143.000 1 143,000 1 143.0001 Assume $11/5.f. maximum amount per yr. to devel I 143,000 1 ( 143,0001 1,13,000 1 Cumulative 1,859,000 1 2,002,0001 2,1415.000 1 2,145,000 Remainder to Cily (1"1, share) I 60,003 I I 72,048 1 I 77,424 225.035 Cumulative 1 502,9091 I 574,9571 I 652.381 I 078,315 City Allocation 1% plus Home Rule Tax I `9B,273 104,305' '110.480 259.825 Cumulative 1 1 1 057.195 96.1.5001 11071,988 1,331,812 Additional Tax I 1 I Liquor Tax I 6.00"t"I 1 ! Projected Liquor Sales I 2,517,0321 2,500,6731 2,645,0871 2,711,214 Projected Liquor Tax I 1 151,050 15-1,83,11 158,7051 162,673 Cumulative 1 1 j 1.700.5741 1,B55,4091 2.014.1141 2,176,787 1890 Maple Grocery sales taxes 04 16 09.xis • • 11 EXHIBIT D A [W./EII GUEDELINI ES [Attached] D-1 CITY OF EVAINSTON SPECIFICATION FOR • MINORITY, WOMEN & EVANSTON BUSINESS ENTERPRISE PARTICIPATION I. POLICY A. It is the policy of the City of Evanston to provide contracting and subcontracting opportunities to Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs) and Evanston Businesses Enterprises (EBEs). In complying with these policies, Bidders are required to take affirmative steps to assure that MBEs, WBEs, and EBEs are used to supply equipment, products, construction related services, and professional services. Please note: the City of Evanston references 49 Code of Federal Regulations Part 26 to evaluate compliance with the provisions of this Specification for M/W/EBE Participation. B. It is the policy of the City of Evanston that, in consideration of the award of this contract, the bidder shall utilize Minority, Women and Evanston owned businesses to perform no less than 25% of the awarded Contract. The City of Evanston strongly encourages a minimum 3% utilization of EBEs (see attached Ordinance 8-0-01 for EBE definition). C. The documentation identified in item IV. A must be submitted for our records. D. M/W/EBE Contractor "Self Performance": In the event an MBE, WBE, and/or EBE is awarded the contract, the firm must perform no less than 25% of the total contract work with their own resources. For example, if the contract value totals $400,000 the MBE, WBE and/or EBE prime contractor must perform at least $100,000 of the job with its own labor, materials, etc. II. MBE, WBE and EBE Participation and Credit A. A list of firms located in Evanston is available from the City of Evanston's, Business Development Coordinator. The City of Evanston, however, makes no representation as to such firms' capabilities. Bidders should also consult the directories and lists of certified Minority and/or Women owned firms distributed by the following agencies: the City of Chicago, the Illinois Department of Transportation, the Women's Business Development Center, the Chicago Minority Business Development Council, Cook County, the Illinois Business Enterprise Program, Black Contractors United, Federation of Women Contractors or the Hispanic American Construction Industry Association. ALL MBE, WBE and EBE FIRMS MUST COMPLETE THE AFFEDAVIT OF MBE, WBE and EBE STATUS AND SUBMIT APPLICABLE CERTIFICATIONS. B. An MBE's, WBE's and EBE's participation will be credited at 100% if used as: A prime contractor MWEBE Specification (04/23/07) • 2. A joint venture partner with at least 25% interest 3. A subcontractor using its own resources 4. An equipment lessor C. Material purchases from an MBE, WBE and/or EBE supplier, fabricator or manufacturer will be credited as follows: a. 60% of the subcontract value for materials from an MBE, WBE and EBE supplier that regularly deals the product in the normal course of business. b. 100% from an MBE, WBE and/or EBE manufacturer. 100% from an MBE, WBE and/or EBE fabricator; or from an MBE, )ATBE and/or EBE supplier that substantially alters or changes the material before resale to a contractor. D. Services such as�surveying, site clean up and security will be credited at 100%. E. - Other expenditures made to MBEs, WBEs and EBEs are subject to City approval in so far as they are allowable credits for participation in the project. III. PRE -CONTRACT AWARD OBLIGATIONS Bidders are required by the City of Evanston to advertise subcontracting opportunities in the Dodge Report or legal notice section of a newspaper of general circulation in the Chicago Metropolitan area such as, the Chicago Tribune or the Chicago Sun Times, for two consecutive days not less than 10 working days prior to the day of bid opening. The notice must include a definitive evaluation method for the proposals or quotations submitted by Minority, Women and Evanston firms. These criteria must not be restrictive or exclusionary (see "Suggested Advertisement for MIW/EBE Participation"). Please note: the requirement for advertising for M/W/EBE participation is waived if the bidder complies with the policy statement of Section I.B above without advertising. IV. PRE -CONTRACT AWARD EVALUATION OF MBE/WBE/EBE UTILIZATION A. To demonstrate compliance with the City of Evanston's MBE/WBE/EBE utilization policy, Bidders shall provide the following items with their bid. FAILURE TO SUBMIT THE DOCUMENTATION OUTLINED IN ITEMS A.1 THROUGH A.6 SHALL CAUSE THE BID TO BE DETERMINED NON- RESPONSIVE AND REJECTED. 1. Bidder must submit a completed, signed and notarized affidavit entitled "Letter of Intent to Comply with the City of Evanston's MIW/EBE Policy. " This form indicates the Bidder's intention to utilize MBEs, WBEs and EBEs in accordance with the policy M/w/EBE Specification (04/23/07) outlined herein. This document also includes a declaration regarding the Prime's lack of controlling interest in the MAWEBE frii,. • 2. "Certificate of Publication "setting forth the dates of publication and a copy of the Dodge Report Notice or the newspaper notice. 3. A completed, signed and notarized Schedule A entitled "M/W/EBE Utilization Plan. " The plan includes a description, the percentage and the dollar value of the work to be performed by the scheduled MBE, WBE and/or EBE firms. Note: Schedule A should clearly demonstrate the required 25% MBE/WBE/EBE participation. 4. Completed, signed, and notarized Schedule B entitled "Letter of Intent to Perform " This form must be submitted for each firm listed on Schedule A and should be signed by the Bidder and the MBE or WBE or EBE. Additionally it must describe the work to be performed with the corresponding subcontract dollar amount. The information on Schedule B must match the information on Schedule A. Schedule C entitled "Affidavit of .point Venture (MBE/WBEEBE)" must be submitted for a joint venture between an MBE or WBE or EBE and a non MBE/WBE/EBE. This form need not be submitted if all joint venturers are MBEs, WBEs and/or EBEs. In such a case, a written joint venture agreement between the MBE, WBE and EBE partners must be submitted. In all proposed joint ventures, each MBE, WBE and/or EBE partner must submit a copy of their current Certification Letter. 0 6. Completed, signed, and notarized "Affidavit of MBE/WBE/EBE Status" from the scheduled firms attesting that they are an MBE, WBE or EBE. Please note that an MBE or WBE cannot receive MBE or WBE participation credit in a specialty area for which the MBE or WBE is not certified. COPIES OF MBE AND WBE CERTIFICATIONS FROM OTHER AGENCIES MUST BE ATTACHED TO THE AFFIDAVITS. EBE STATUS WILL BE VERIFIED BY THE CITY OF EVANSTON BUSINESS DEVELOPMENT OFFICE. OR BIDDERS MAY SUBMIT 7. A completed "M KEBE Participation Waiver Request" and the "Certification of Publication" as described in item 2 above. V. WAIVER REQUIREMENTS A. If the bidder has acted in accordance with the policy outlined herein, but is unable to achieve the required MBE/WBE/EBE participation, the Bidder must seek a waiver or modification of the utilization percentage by submitting "MIWIEBE Participation Waiver Request." The City of Evanston's Business Development Coordinator (BDC) will determine if the request shall be granted. MMEBE Specification (04/23/07) • B. Upon request from the City, the Bidder has 10 calendar days to submit supporting documentation for the waiver request to the BDC. The Bidder's failure to provide sufficient documentation to support the waiver or modification request will cause the bid/proposal to be found non -responsive by the City and the bid will be rejected. The documentation used in the consideration of the waiver request must include but not be limited to a summary of the contact made, copies of correspondence, phone logs and certified mail receipts, etc. C. For the MBE/WBE/EBE waiver or modification request to receive consideration, the following information must be submitted within the time frame noted above: A narrative describing the Bidder's efforts to secure Minority, Women and Evanston Business Enterprise Participation prior to bid opening. 2. In instances where the Bidder has not received inquiries or proposals from qualified Minority, Women and Evanston owned businesses in response to the required advertisement prior to bid opening, the Bidder must provide a notarized affidavit attesting to this circumstance. 3. Names (of owners), addresses, telephone numbers, date and time of contact and method of contact of qualified Minority, Women and Evanston owned businesses who submitted proposals to the Bidder as a result of the advertisement but were not found acceptable. Detailed reasons and justifications for each non -acceptance must be provided. 4. Names (of owners), addresses, telephone numbers, date and time of contact of at least 15 qualified Minority, Women and Evanston owned businesses the Bidder solicited for proposals for work directly related to the advertised Bid, prior to the bid opening. (Copies of letters and proof of mailing must be attached). The direct solicitation to businesses must include specific project information and the type of work sought. D. To determine whether or not the Bidder should be granted a waiver request, the City may, in addition to the information provided for in V.C. above, request verification that consideration was given to the following areas while the Bidder attempted to achieve MBE/WBE/EBE participation. That the work slated for MBE/WBE/EBE participation is real in scope and was selected to increase the likelihood of achieving the stated utilization percentage; 2. That potential MBEs/WBEs/EBEs were negotiated with in good faith. • 3. That conditions were not imposed on MBEs/WBEs/EBEs that were not also imposed on all other subcontractors; and MMEBE Specification (04/23/07) 4. That benefits ordinarily conferred on subcontractors for the type of work were • not denied to the ivfBEs/ V`BEs/'EBEs. E. If the Bidder has been unable to meet the 3% EBE goal, a detailed written explanation about the Bidder's efforts must be provided. VI. POST -CONTRACT AWARD COlVI LIANCE A. Within 15 calendar days after the Notice to Proceed has been issued to the Contractor, copies of subcontracts between the MBE, WBE EBE and the prime contractor must be submitted to the BDC. B. The Contractor shall utilize the MBEs, WBEs, and EMS listed on Schedule A and submitted with the bid to provide the work, materials and/or services indicated, unless said firm(s) cannot provide the work, materials and/or services: 1. In a timely manner for completion of the work in accordance with the project schedule; 2. To the standards of quality set forth in the Contract documents; and/or; 3. For the price originally quoted to the Contractor in preparing the Bid. OR 0 4. Because of substantial changes (approved by the City of Evanston) in the scope of work that will materially reduce or eliminate the scheduled work for the firms listed on the Schedule A, NVW/EBE Utilization Plan. A monthly M/W/EBE Participation Summary is required for projects that will exceed three months duration. The summary shall state in the upper right corner, the report number, the name of the general contractor, the project name and total cost. The report format, by columniation, should define prime contractors, their trades and the dollar amount of each executed contract. Further, M/W/EBE subcontractors shall be listed in conjunction with their primes, the dollar amount awarded for each executed contract and the M/W/EBE percentage. The dollar amount awarded to each classification, i.e., MBE/WBE/EBE should be itemized at the bottom of the Summary then aggregated to reflect the total dollar amount and percentage of MWEBE participation (see MfW/EBE Participation Summary). Any and all proposed changes to the Schedule A, M/W/EBE Utilization Plan must be promptly reported to the BDC. Appropriate corresponding documentation must clearly explain the reasons for the change in accordance with the circumstances outlined in items VI. B 1 to VI. B4 noted above. The explanation must set forth with particularity the Contractor's efforts to prevent any project -related delays or problems. • MMEBE Specification (04/23/07) • The documentation shall also include information on any proposed substitutions and a plan demonstrating how the Contractor intends to meet the City of Evanston's M/W/EBE policy. The documentation will be reviewed for its acceptability and the Business Development Coordinator will outline any necessary corrective actions to be taken. If the contractor fails to initiate and complete such actions in a timely manner, the appropriate sanctions will be taken. The City of Evanston's decision regarding the Contractor's request for a change, acceptability of and corrective action to be and as taken shall be final. If there is inappropriate non -utilization or reduced utilization, the City of Evanston will advise the Contractor, in writing, of corrective actions to be taken. Again, if the Contractor fails to initiate and promptly complete such actions, the City of Evanston will institute appropriate sanctions. C. All payment requests made to the City of Evanston must include a cumulative M/W/EBE Utilization Report on a monthly basis that will be forwarded to the M/W/EBE Business Development Coordinator. The reports must demonstrate compliance with the commitments or include an explanation as to when and how compliance will be achieved. The City may request additional information that demonstrates compliance including, but not limited to waivers of lien, invoices and delivery tickets. Failure to submit the requested information will result in the appropriate sanctions. VII. NON-COMPLIANCE Compliance with the MBE, WBE and EBE policy is considered at three stages: initia interim, and final. Initial compliance includes the commitment to utilize the scheduled firms by including the required documentation at the time of bid submission. Interim compliance includes the utilization of these firms during the course of the project as verified with on site visits, monthly utilization reports, partial waivers of lien, etc. Final compliance is based upon the final amounts paid to the scheduled MBE, WBE and/or EBE as determined by all partial and/or final waivers of lien and/or cancelled checks, or other documentation as requested by the City and provided by the Contractor to indicate the scheduled firm(s) were utilized and compensated accordingly. Repeated failure to comply with commitments to achieve MBE, WBE and EBE utilization may result in a suspension of bidding privileges with the City of Evanston. Additionally, any matters that appear to be fraudulent will be referred to the Illinois Attorney General or other appropriate law enforcement agency or agencies. The City of Evanston maintains the right to review the books, records and files relative to MBE, WBE and EBE utilization on this contract and the Contractor agrees to promptly and • fully comply with any and all such requests. Anv questions reeardine MBE. WBE and EBE compliance are to be directed to Lloyd W. Sheoard, Business Develooment Coordinator, at 847/448-8078. Assistance with identifvine M/W/EBE canabilities for construction trades. architects_ eneineers. landscaoine. etc.. can be directed but not limited to M/W/EBE Construction Contractor Assistance Oreanizations in the attached outline. M/W/EBE Specification (04123/07) • OIT'"Y OF EVANS'TON EMPLOYMENT PROGRAM POLICY In an effort to achieve the City's goals for minority, female and Evanston resident participation on City contracts, the Contractor should do their best to undertake the Employment Program as outlined herein. The program has been designed to encourage employment of minority and/or female residents of Evanston who are economically disadvantaged and/or meet the definition of unemployed or underemployed. These individuals should be employed primarily in the construction trades, such as laborers, heavy equipment operators, carpenters, concrete finishers, truck drivers and other construction occupations necessary for the project. PROGRAM DESCRIPTION Employment ProLyrarn 1. The contractor should endeavor to utilize minority and/or female residents of Evanston at a rate of 15 percent of the Project's total hours as regular employees and/or as new hires. 2. While employment of minority and/or female Evanston residents in non -construction occupations is encouraged, such employment hours shall not exceed two percent (2%) of the fifteen percent (15%) goal. 3. The participants in the Employment Program shall be minority and/or female residents of Evanston who are currently economically disadvantaged and/or meet the definition of unemployed or underemployed and are able to perform work tasks relative to the project. Individuals who have successfully completed a Job Training Program (including but not limited to a Job Training program on an Evanston project) should also be considered for the Employment Program. Additionally, the Contractor should solicit local social agencies such as CEDA Neighbors at Work, the Youth Job Center of Evanston and/or the Illinois Department of Employment Security (IDES) for referrals. (Please note IDES has a Job Matching System and the Contractor should contact them directly to register any job openings). 4. At the time of award, prior to the start of the contract, the Contractor must submit an estimate of the total number of hours per trade, an estimate of any new hires and a list of the planned • workforce. The list should include employee name, address (if an Evanston resident), date hired, gender and ethnicity. MMEBE Specification (04/23/07) 7 • 5. During the project, the Contractor shall submit a monthly report that summarizes employee work hours, gender and ethnicity. A sample report format has been attached. A final repo should be submitted once the job is completed. Unannounced site visits by City staff will be conducted to verify the reported information. C • b. The labor hours of employment shall be considered to be a normal part of the Contractor's work operations and, therefore, are considered to be included in the various unit and lump sum prices included in the Contractor's bid. As such, the costs associated with the Employment Program shall be incidental to overall project costs. 7. Wages paid to Employment Program participants shall be one hundred percent (100%) of the applicable union wage rates for journeymen or equivalent to trade employment classifications. Any questions regarding the Employment Program should be addressed to the Business Development Coordinator at (847) 448-8078. Employment Program, Revised 02/2005 MMEBE Specification (04/23/07) SCHEDULE C o Affidavit of Joint 'Venture ( E/WBE/EBE) • This form need not be submitted if all joint venturers are MBEs, WBEs and/or EBEs. In such a case, a written joint venture agreement between the MBE, WBE and EBE partners must be submitted. In all proposed joint ventures, each MBE, WBE and/or EBE partner must submit a copy of their current Certification Letter. All information requested by this Schedule must be answered in the spaces provided. Do not refer to your joint venture agreement except to expand on answers provided on this form. If additional space is required additional sheets may be attached. Please note: the City of Evanston references 49 CFR Part 26 to evaluate compliance with the provisions of schedule C: Affidavit of Joint Venture (MBE/WBE/EBE). Name of joint venture: Address of joint venture: Phone number of joint venture: II. Identify each MBE/WBE/EBE joint venture partner(s) Name of Firm: Address: Phone: Contact person for matters concerning MBE/WBE compliance: III. Identify each non-MBE/WBE/EBE joint venture partner(s) Name of Firm: Address: Phone: Contact person for matters concerning MBE/WBE compliance: Describe the role(s) of the MBE. WBE and/or EBE partners) in the ioint venture IV. Attach a copy of the joint venture agreement. In order to demonstrate the MBE, WBE and/or EBE joint venture partner's share in the ownership, control, and management responsibilities, and the partner's risks and profits of the joint venture, the proposed joint venture agreement must include specific details related to: (1) the contributions of capital and equipment; (2) work items to be performed by the MBE/WBE/EBE's own forces; (3) work items to be performed under the supervision of the MBE/WBE/EBE joint venture partner; and (4) the commitment of management, supervisory and operative personnel employed by the MBE/WBE/EBE to be dedicated to the performance of the project. V. Ownership of the Joint Venture What are the percentage(s) of MBE/WBE/EBE ownership of the joint venture? • MBE/WBE/EBE ownership percentage(s) Non-MBE/WBE/EBE ownership percentage(s) MMEBE Specification (04/23/07) • A. Specify MBE/WBE/EBE percentages for each of the following (provide narrative descriptions and other detail as applicable): l . Profit and loss sharing: 2. Capital contributions: a. Dollar amounts of initial contribution: b. Dollar amounts of anticipated on -going contributions: 3. Contributions of equipment {Specify types, quality and quantities of equipment to be provided by each joint venture partner: 4. Other applicable ownership interests, including ownership options or other agreements which restrict or limit ownership and/or control: 5. Provide copies of all written agreements between joint venture partners concerning • this project. 6. Identify each current City of Evanston contract, and each contract completed during the past two years by a joint venture of two or more firms participating in this joint venture: • VI. Control of and Participation in the Joint Venture Identify by name and firm those individuals who are, or will be responsible for, and have the authority to engage in the following management functions and policy decisions. Indicate any limitations to their authority such as dollar limits and co -signatory requirements: A. Joint venture check signing: M/W/EBE Specification (04/23/07) 10 B. Authority to enter contracts on behalf of the joint venture: C. Signing, co-signing and/or collateralizing loans: Acquisition of lines of credit: D. Acquisition and indemnification of payment and performance bonds: E. Negotiating and signing labor agreements: F. Management of contract performance. (Identify by name and firm only): 1. Supervision of field operations: 2. Major purchases: 3. Estimating: 4. Engineering: M/W/EBE Specification (04/?3/07) I I • • V1I. Financial Controls of Joint Venture A. Which firm and/or individual will be responsible for keeping the books of account? • B. Identify the "managing partner," if any, and describe the means and measure of their compensation: C. What authority does each joint venture partner have to commit or obligate the other to insurance and bonding companies, financing institutions, suppliers, subcontractors, and/or other parties participating in the performance of this contract or the work of this project? VIII. State the approximate number of operative personnel (by trade) needed to perform the joint venture partner's work under this contract. Indicate whether they will be employees of the non-MBE/WBE/EBE firm, the MBE/WBE/EBE firm, or the joint venture Trade rn-MBE!WBE/EBE Firm VIBE/WBE/EBE oint Venture (number) (number) (number) If ggy personnel proposed for this project will be employees of the joint venture: A. Are gLny proposed joint venture employees currently employed by either partner? Currently employed by non-MBE/WBE/EBE (number) employed by MBE/WBE/EBE • B. Identify by name and firm the individual who will be responsible for hiring joint venture employees: MMEBE Specification (04/23/07) 12 C. Which partner will be responsible for the preparation of joint venture payrolls: • IX. Please state any material facts or additional information pertinent to the control and structure of this joint venture The undersigned affirm that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operations of named joint venture and the intended participation of each partner in the undertaking. Further, the undersigned covenants and agrees to provide to the City of Evanston current, complete and accurate information regarding actual joint venture work and the payment therefor, and any proposed changes in any provision of the joint venture agreement, and to permit the audit and examination of the books, records and files of the joint venture, or those of each partner pertaining to the joint venture by authorized • representatives of the City of Evanston. • M/W/EBE Specification (04/23/07) 13 Sy material misrepresentation will be grounds for terminating any contract that may be awarded and for initiating action under federal and state lays regarding false statements. Note: If after filing this Schedule C and before the completion of the joint venture's work on the project, there is any change in the information submitted, the joint venture must submit a revised version of this document to the City of Evanston either directly, or through the prime contractor if the joint venture is a subcontractor. Name of MBE/WBE/EBE Partner Firm Name of non-MBE/WBE/EBE Partner Firm Signature of Affiant Signature of Affiant Name and Title of Affiant Date Name and Title of Affiant Date On this day of 20 , the above signed officers . (names of affiants) ' personally appeared and known to me, are the persons described in the foregoing Affidavit, who acknowledged that they executed the same in the capacity herein above stated and for the purpose herein above contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. Signature of Notary Public (SEAL) Commission Expires: M/W/EBE Specification (04/23/07) 14 LETTER OF INTEKIT TO COMPLY WITH THE CITE' OF EVANSTON'S i1AWEBE POLICY I am of (Title of Affiant) (Name of Firm) authority to execute this affidavit on behalf of this firm. I do hereby certify that: , and have (Name of Affiant) 1. This firm will endeavor to award subcontracts having a combined value of at least 25%of the total contract to MBEs, WBEs or EBEs for the procurement of equipment, materials, supplies and/or services required in the performance of this Contract. 2. Neither this firm nor its partners, directors and/or officers has a controlling interest, a conflict of interest, or any other authority to control the activities of the scheduled MWEBE firms. Please note: the City of Evanston references 49 Code of Federal Regulations Part 26 to evaluate compliance with the provisions of this Specification for MNV/EBE Participation. Signature: (Signature of Affiant) This instrument was acknowledged before me on this , by (or other authorized officer) of (Firm Name) (Notary Public Signature) Commission Expires: Date: Corporate Seal (where appropriate) day of as President Notary Seal • • • MAWEBE Specification (04/23/07) 15 • S1%1d"eHEDULE A IMEBE Utilization Plan The following firms will be utilized in accordance with the Letter of intent to Comply: • MBE, Name of Firm % of Particpation WBE or Description of work Dollar Value Perform EBE? 100%?* TOTAL. If the 'firm is subcontracting more than 10% of its work, an explanation must be provided. If more than five firms are utilized, please duplicate the form and attach the additioanl information. (Total and notarization can appear on last page of multiple forms.) Signed: This instrument was acknowledged before me on this ,by (or other authorized officer) of (Notary Public Signature) Commission Expires: day of as President (Firm Name) Date: Corporate Seal (where appriate) Notary Seal M/W/EBE Specification (04/23/07) 16 SCHEDULEB I am of and have (Title of Affiant) (Name of MM!/EBE Firm) authority to execute this affidavit on behalf of this firm. I (Name of Affiant) do hereby certify that: (Name of MIW/EBE Firm) Subcontractor on the project known as The Prime Contractor, intends to participate as a (Project Description) , will award a contract to my firm in the amount of $ for (Type of Work) This notification is pursuant to the Prime Contractor's receipt of an executed agreement with the City of Evanston. Signed: (MMI/EBE Subcontractor) Signed: (Bidder/Prime Contractor) Corporate Seals (where appropriate) This instrument was acknowledged before me on this by (or other authorized officer) of (Notary Public Signature) Commission Expires: day of as President (Firm Name) Date: Date: Notary Seal Nt/W/EBE Specification (04/23/07) 17 • • r� 0 AFFIDAVIT OF MINEBE STATUS i am of and have authority to (Title of Affiant) (Name of Finn) execute this affidavit on behalf of this firm. I do (Name ofAffiant) hereby certify that: 1. This firm is a: (Check One Only) Minority Business Enterprise (MBE) (A firm that is at least 51 % owned, managed and controlled by a Minority.) Women's Business Enterprise (WBE) (A firm that is at least 51 % owned, managed and controlled by a Woman.) Evanston Business Enterprise (EBE) (A firm located in Evanston for a minimum one year and which performs a "commercially useful function".) 2. COPIES OF ALL MBE OR WBE CERTIFICATIONS HAVE BEEN ATTACHED. 3. The following information will be provided upon written request, through the prime contractor or, if no • prime, directly to the City of Evanston a) actual work performed on any project and the payment thereof; and, b) any proposed changes, in the status of the firm which would render this affidavit null and void. c) further verification of the indicated status Signature: (Signature ofAffiant) This instrument was acknowledged before me on this , by (or other authorized officer) of (Firm Name) (Notary Public Signature) Commission Expires: day of as President Date: Corporate Seal (where appropriate) Notary Seal MAVV/EBE Specification (04/23/07) is lam MIMEBE PARTICIPATION WAIVER REQUEST of (Title of Affiant) (Name of Firm) , and have authority to execute this certification on behalf of the firm. I do (Name of Affiant) hereby certify that this firm seeks to waive all or part of this MMUEBE partcipation goal for the following reason(s): ( CHECK ALL THAT APPLY. SPECIFIC SUPPORTING DOCUMENTATION MUST BE ATTACHED.) 1. No MWEBEs responded to our invitation to bid. 2. An insufficient number of firms responded to our invtation to bid. 3. No subcontracting opportunities exist. 4. MWEBE participation is impracticable. Please provide a written explanation why M/W/EBE participation is impracticable. Therefore, we request to waive of the 25% utilization goal for a revised goal of %. Signature: (Signature of Affiant) This instrument was acknowledged before me on this , by (or other authorized officer) of (Notary Public Signature) Commission Expires: (Firm Name) Date: Corporate Seal (where appropriate) day of as President Notary Seal MMEBE Specification (04/23/07) 19 U • . NIWERE MONTHLY UTILIZATION REPORT The following Schedule accurately reflects the value of each MBEM/BE/EBE sub -agreement, the amounts of money paid to each to date, and this Pay Request. MBE/VVVBE/EBE FIRM TYPE AMOUNT AMOUNT AMOUNT SERVICES FIRM NAME (MBE/WBE/ OF PAID THIS PAY PERFORMED EBE) CONTRACT TO DATE REQUEST THIS PAY REQUEST • AMOUNT PAID TO PRIME CONTRACTOR: M/W/EBE Specification (040>3/07) 20 SUGGESTED 'DYER TISk VIENT O—F MINORITY, WOMI EN &. EVANS` ON BUSINESS • ENTERPRISE PARTICIPATION* Notice to Minoritv. Women and Evanston Business Enterprise is (Name of Company) (Address of Company) (Telephone) seeking qualified Minority, Women and Evanston Businesses for the City of Evanston Project for subcontracting opportunities in the following areas: All interested and qualified Minority, Women And Evanston Businesses should contact, in • writing, (Certified letter, return receipt reauested, Comaanv Contact Person), to discuss the Subcontracting opportunities. All negotiations must be completed prior to the Bid opening date of *The advertisement must clearly state the method of evaluating the proposals or quotations, and the relative importance attached to each criterion. Bidders must uniformly and objectively evaluate the proposals submitted by Minority, Women and Evanston business in response to the advertisement based upon the evaluation criteria stated in the advertisement. The evaluation criteria must not be restrictive or exclusionary. • M/W/EBE Specification (04/23/07) 21 0 H[W/EBE Particirsation Suminat Name of Project: Gen. Contractor: Total Cost of Project: Sample M/W/EBE Participation Summary Accumulative Total Thru: Monthly Report: I Prime or Subcontractor Description of Work Total Total M/W/EBE MM//EBE Type Subcontract Subcontract Value Commitment Subcontractor Value (to date) (to date) Arch. Precast Conc. 100% WBE Masonry 100% MBE Caissons/Sheeting 13% EBE i Concrete 22% EBE Structural Steel 17% WBE HM/Doors/Hdwe 100% WBE Windows/Curtainwall 100% WBE Plumbing 5% MBE Plumbing 32% MBE HVAC/Fire Protection 17% WBE HVAC/Fire Protection 5% MBE HVAC/Fire Protection 1% MBE Electrical 14% WBE Electrical 2% WBE Electrical 10% MBE Painting/V'WC EBE Landscaping EBE (Subtotal MBE (Minority -Owned Business Enterprise) (Subtotal WBE (Woman -Owned Business Enterprise) (Subtotal EBE (Evanston Business Enterprise) (Total M/WIEBE Participation Total M/W/EBE Participation vs. Subcontracts Awarded (Total M/W/EBE Participation vs. Total Contracts Awarded M/W/EBE Specification (04/23/07) 22 8-0-01 02/01/2001 • AN ORDINANCE Amending Section 1-1 7-1 (B) of the "Purchase, Sale And Lease of Real and Personal City Property Ordinance" to Revise The Definition of "Evanston Business Enterprise" NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 1-1 7-1 (B) of the Evanston City Code of 1979, as amended, be and it hereby is further amended, by revising the definition of "Evanston Business Enterprises", to read as follows: Section 1-17-1 (B): All contracts for the purchase of goods or services with entirely City funds shall be awarded to the lowest quote/bid price or lowest evaluated quote/bid price from a responsive and responsible Evanston Business Enterprise ("EBE") provided the EBE's quote/bid price does • not surpass the lowest quote/bid price or lowest evaluated quote/bid price from a responsive and responsible nonlocal business by more than five percent (5%). Section 1-17-1 (B)(1): An EBE shall mean an entity which is located in or has one or more offices located in the City for a minimum of one year and which performs a "commercially useful function". (a) An EBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the EBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether an EBE is performing a commercial useful function, the City will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the EBE credit claimed for its performance of the work and other • relevant factors. M/w/EB8 Specification (04/23107) 23 (b) An EBE does not perform a commercially useful function if its • role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of EBE participation. In determining whether an EBE is such an extra participant, the City will examine similar transactions, particularly those in which EBEs do not participate. (c) If an EBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its contract with its own work force, or the EBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, then it is not performing a commercially useful function. (d) When an EBE is presumed not to be performing a commercially useful function as provided in Subparagraph 1-17-1 (B) (1) (C), the EBE may present evidence to rebut this presumption. The City may determine that the firm is performing a commercially useful function given the type of work involved and normal industry practices. Section 1-17-1 (B)(2): In determining whether a business has been located in Evanston for one year, the MWEBE Committee will consider the following: • (a) Whether the vendor pays property and/or sales taxes in Evanston; and (b) Whether the. business entity's address or the address given on the Federal and/or State income tax return is within Evanston. (c) The date of issuance of an Evanston Business License. The City may waive the one-year requirement if the entity provides evidence of a substantial commitment to Evanston. Section 1-17-1 (B)(3): Businesses that maintain a distribution warehouse or which manufacture in Evanston will receive EBE credit of sixty percent (60%) and one hundred percent (100%), respectively. Those that do not maintain a distribution warehouse or manufacturing operation but have an office in Evanston will be considered a broker and receive a five percent. (5%) credit. Section 1-17-1 (B)(4): Eligibility as an EBE will be periodically reviewed and may be revoked at any time if the entity no longer meets the above requirements. • SECTION 2: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: That this ordinance shall be in full force and effect from and after its MMEBE Specification (04123/07) 24 passage, approval, and publication in the manner provided by law. Introduced: February 12, 2001 Adopted: February 26, 2001 Ends Definition of EBE Remainder of Page Left Blank Intentionally 11 M/W/EBE Specification (04/23/07) 25 • Construction Contractors' Assistance Organizations • African American Contractors Association (AACA) 3706 Indiana Avenue Chicago, Illinois 60653 312-915-5960 312-567-9919 Fax Attn: Omar Shareef, Executive Director Black Contractors United (BCU) . 400 West 76u' Street, Suite 200 Chicago, Illinois 60620 773-483-4000 773-483-4150 Fax Email: bcunewera aameritech.net Attn: Florence B. Cox, Executive Director Federation of Women Contractors 330 S. Wells, Suite 1110 Chicago, Illinois 60606 312-360-1122 312-360-0239 Fax Email: fwcchicago@aol.com Attn: Sandra Gidley, Administrator Hispanic American Construction Industry Association 901 W. Jackson Blvd., Suite 205 Chicago, Illinois 60607 312-666-5910 312-666-5692 Fax Email: hacia@msn.com Attn: Rafael Hernandez, Executive Director Women's Business Development Center 8 So. Michigan Avenue, Suite 400 Chicago, Illinois 60603-3302 312-853-3477 312-853-0145 Fax Email: wbdc@wbdc.org Attn: Carol Dougal, Director MWEBE Specification (04/23/07) 26 0 • •