HomeMy WebLinkAboutORDINANCES-2015-102-O-15•
7/10/2015
1 Q2-O-15
AN ORDINANCE
Authorizing the City Manager to Execute a Sale Contract for
City Owned Real Property located at 1941 Jackson Avenue to
Community Partners for Affordable Housing
WHEREAS, the City of Evanston owns real property located at 1941 Jackson
Avenue, Evanston, Illinois, 60201 and legally described in Exhibit A, attached hereto and
incorporated herein by reference (the "Subject Property"); and
WHEREAS, the City acquired the Subject Property through its Neighborhood
Stabilization Program ("NSP2") to implement the Development and Affordable Housing
Agreement ("Agreement") between the City, Evanston Township High School District No.
• 202 (ETHS) and Community Partners for Affordable Housing ("CPAH"); and
WHEREAS, ETHS constructed the home that was contemplated in the
Agreement through the Geometry in the Classroom program and the home has been
relocated to the Subject Property; and
WHEREAS, the City Council of the City of Evanston has determined that
ownership of the aforesaid Subject Property is no longer necessary, appropriate, required,
or in the best interests of the City of Evanston and seeks to sell the Subject Property to
CPAH to further implement terms of the Agreement for affordable housing; and
WHEREAS, pursuant to Ordinance 99-0-15, the City Council, by a vote of at
least two-thirds (%) of the elected Aldermen then holding office, did direct the City Manager
to negotiate the sale of 1941 Jackson of the Subject Property on behalf of the Cily; and
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102-0-15
is WHEREAS, pursuant to Ordinance 99-0-15, the City Manager has negotiated
the sale of the Subject Property; and
WHEREAS, the City Manager recommends that the City Council hereby
approve the sale of the Subject Property, with the City as Seller and CPAH as Buyer; and
WHEREAS, the City Council hereby finds and determines that the best
interests of the City of Evanston and its residents will be served by conveying the aforesaid
Subject Property, on terms consistent with the Sale Agreement for Real Estate, attached
hereto as Exhibit B and incorporated herein by reference (hereinafter, the "Agreement");
and
WHEREAS, as required by Section 1-17-4-2-(B) of the Evanston City Code,
2012, as amended (the "City Code"), a Notice of Intent to Sell Certain Real Estate, was
• published in the Evanston Review, a newspaper in general circulation in the City of
Evanston, on July 23, 2015, neither less than fifteen (15) nor more than thirty (30) days
before the date on which the City Council considered adoption of this ordinance authorizing
the sale of the Property,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are hereby found as fact and
incorporated herein by reference.
SECTION 2: The City Council of the City of Evanston hereby approves the
negotiated sale of the Subject Property with the City as Seller and CPAH as Buyer.
SECTION 3: The City Manager is hereby authorized and directed to sign,
is and the City Clerk is hereby authorized and directed to attest, the Agreement, pursuant to
-2-
102-0-15
• the terms of which the Subject Property shall be conveyed. The City Manager is further
authorized to negotiate any changes or additional terms and conditions with respect to the
sale of the aforesaid Subject Property as the City Manager may deem fit and proper.
SECTION 4: The City Manager and the City Clerk, respectively, are hereby
authorized and directed to execute, attest, and deliver such other documents, agreements,
and certificates as may be necessary to effectuate the sale herein authorized.
SECTION 5: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 6: This ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
SECTION 7: If any provision of this ordinance or application thereof to any
• person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall
not affect other provisions or applications hereof that can be given effect without the
invalid provision or application, and each invalid application hereof is severable.
SECTION 8: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as provided by
the Illinois Compiled Statutes and the courts of the State of Illinois.
Ayes: —I
Nays: (2(
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—3—
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Introduced: 2015
Adopted: 201
Attest:
Rozrhey Gr n , City Clerk
102-0-15
Approved:
NX,Q," rl 2015
Eli b th B. Tisdahl, Mayor
Approved as to form:
W. Granyf mar, Corporation Counsel
CLC
102-0-15
Is EXHIBIT A
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•
Legal Description
THE NORTH 30 FEET OF LOT 15 AND THE SOUTH 10 FEET OF LOT 16 IN BLOCK 5 IN
GRANT AND JACKSON'S ADDITION TO EVANSTON A SUBDIVISION IN THE SOUTH
PART OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP
41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PAR TOF
THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 41
NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
COMMON ADDRESS: 1941 Jackson Avenue, Evanston, Illinois 60201
PERMANENT INDEX NUMBERS: 10-13-211-002-0000
—5—
0 EXHIBIT B
Sale Agreement of Real Estate
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102-0-15
• PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (`Agreement") is made as of this
_ day of ; 2015, by and between the City of Evanston, an Illinois home rule unit
of government located in Cook County, Illinois ("Seller'), and Community Partners for
Affordable Housing; an Illinois not -for -profit corporation ("Purchaser").
WITNESSETH:
WHEREAS; Seller is the owner of that certain property commonly known as 1941
Jackson, Evanston; Illinois and more particularly described on Exhibit A attached hereto and made
a part hereof (the "Property"); and
WHEREAS, the Seller desires to convey the Property to Purchaser,
NOW; THEREFORE. for and in consideration of the promises and of the mutual
covenants and agreements hereinafter set forth; the parties agree to the terms of this Agreement;
which reads in its entirety as follows.
1. Agreement to Purchase. Purchaser agrees to purchase and Seller agrees to sell and convey
or cause to be conveyed to Purchaser, or its designee, by Quit Claim Deed (the "Deed"),
good and merchantable title to the Property at the price and subject to the terms, conditions
fe and provisions hereinafter set forth. The Deed shall be substantially in the form attached
hereto as Exhibit B.
Purchase Price. Purchaser agrees to pay and Seller agrees to accept as the purchase price
the sum of $10.00 ("Purchase Price") payable at closing.
Survey. Seller will not be providing a survey and the Buyer may obtain one at its own cost
and expense.
4. Taxes.
(a) Taxes for Years Prior to Closing. Seller will pay in full all general real
property taxes that are levied with respect to the Realty for tax years prior to the year of
closing.
(b) Tax Challen —es. If any tax challenge is ongoing with respect to the Realty
for general real estate taxes levied for any tax years prior to the _year of Closing; Seller will
receive the full benefit of any refund arising out of such tax challenge. If any tax challenge
commenced by Seller results in a reduction in taxes for the general real estate taxes levied
for the year of Closing; the parties shall reprorate taxes for the year of Closing upon receipt
of the actual tax bill or adjusted tax bill. This Section 9(b) expressly survives Closing.
0 121046.5
(c) Taxes for Current Year of Closing. All general real property taxes that are
levied with respect to the Realty for the year of Closing will be prorated at the rate of
100% between Buyer and Seller as of the business day immediately prior to the Closing
Date. if the precise amount of taxes levied for the year of Closing cannot be determined,
then the proration shall be computed on the basis of the lesser of (i) the taxes on the Realty
levied for the immediately preceding tax year; or (ii) an amount equal to the taxable
valuation, if available; of the Property in the year of Closing multiplied by the prior tax
year's total tax rate.
5. Title Policy.
(a) At Purchaser's expense, Purchaser shall obtain a title commitment with respect to
the Property.
(b) Purchaser shall. at Purchaser's expense, obtain a title insurance policy by Chicago
Title Insurance Company through its agent; Greater Illinois Title Company, or
another title company acceptable to Purchaser ("Title Insurer"), dated as of the
date Closing (as hereinafter defined) in a nominal amount with extended coverage
over the general exceptions, free and clear of all liens and encumbrances
whatsoever, except for general real estate taxes not due and payable, covenants,
conditions, restrictions and other matters of record shown on the title commitment
and those additional matters approved by Purchaser (the "Permitted Exceptions').
(c) The title commitment shall be conclusive evidence of good and merchantable title
as therein shown as to all matters insured by the policy, subject only to the
exceptions as therein stated. Seller shall also furnish Purchaser an affidavit of title
in customary form covering the date of Closing and showing title in Seller subject
only to the Permitted Exceptions.
6. Representations.
(a) Seller's Representations. As an inducement to Purchaser to enter into this
Agreement Seller hereby represents to Purchaser and agrees as follows:
(1) Seller has the right, power and authority to sell the Property, subject to the
terms and conditions provided for in this Agreement; and to execute, deliver
and perform its obligations under this Agreement and all other instruments,
conveyances and documents to be executed and delivered in connection
with the transaction contemplated herein. This Agreement and all other
documents executed and delivered; or to be executed and delivered by
Seller in connection with this Agreement have been, or at the appropriate
time will be, duly executed and delivered and constitute or, upon such
execution and delivery will constitute, the legal; valid and binding
obligations of Seller, enforceable in accordance with the respective terms
and provisions. No consent or approval of any person, firm, corporation or
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governmental authority is required to be obtained by Seller in order for
Seller to enter into this Agreement.
(ii) To the best of Seller's knowledge, there exists no action; suit, litigation or
proceeding affecting the Property to which Seller is a party, and to the
knowledge of Seller, there is no such action, suit, litigation or proceeding
threatened.
(iii) Seller is not a "foreign person" as defined in Section 1445 of the Internal
Revenue Code and is therefore exempt from the withholding requirements
of said Section. Seller shall furnish Purchaser at Closing the exemption
certification set forth in said Section.
(b) Purchaser's Representations. As an inducement to Seller to enter into this
Agreement Purchaser hereby represents to Seller and agrees as follows:
(1) Purchaser has the right, power and authority to purchase the Property,
subject to the terms and conditions provided for in the Agreement, and to
execute, deliver and perform its obligations under this Agreement and all
other instruments, conveyances and documents to be executed and delivered
in connection with the transaction contemplated herein. This Agreement
and all other documents executed and delivered, or to be executed and
delivered by Purchaser in connection with this Agreement have been, or at
the appropriate time will be, duly executed and delivered and constitute or,
upon such execution and delivery will constitute; the legal, valid and
binding obligations of Purchaser, enforceable in accordance with the
respective terms and provisions. No consent or approval of any person,
firm, corporation or governmental authority is required to be obtained by
Purchaser in order for Purchaser to enter into this Agreement.
7. Closing of Sale.
(a) The Closing ("Closing") shall take place on or before September. 4, 2015 or such
other date mutually agreeable to the parties.
(b) At Closing, each party shall, without further consideration, execute and deliver
such additional instruments as may be reasonably requested by the other party in
order to complete and effectuate the transfer of title and ownership of the Property,
provided that such additional instruments (other than these specifically provided for
in this Agreement, and customary Closing documents) shall not impose cost or
liability on any party. This transaction shall be closed in accordance with the
general provisions of the usual form of New York style escrow agreement then in
use by the Title Insurer, the costs of which escrow shall be paid by Purchaser. Real
estate taxes shall not be prorated. Purchaser shall pay any State, County or other
transfer tax imposed by local ordinance.
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8. "As Is" Sale. Purchaser acknowledges that it will have adequate opportunity to inspect
the Property and accepts the risk that any inspection may not disclose all material matters
affecting the Property. SUBJECT ONLY TO THE TERMS OF SECTION 5(a) AND IF
PURCHASER CLOSES THE TRANSACTION CONTEMPLATED HEREUNDER.
PURCHASER AGREES TO ACCEPT THE PROPERTY IN ITS "AS IS'' "WHERE IS"
AND "WITH ALL FAULTS" CONDITION AT CLOSING AND THAT PURCHASER
IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER, EXPRESS OR IMPLIED; FROM SELLER OR ITS AGENTS
OR BROKERS, OR ANY OTHER. PERSON ACTING OR PURPORTING TO ACT ON
BEHALF OF SELLER, AS TO ANY MATTERS CONCERNING THE PROPERTY,
INCLUDING WITHOUT LIMITATIONi: (i) the quality, nature; adequacy and physical
condition and aspects of the Property. (ii) the quality; nature, adequacy, and physical
condition of soils, geology and any groundwater, (iii) the existence; quality, nature;
adequacy and physical condition of utilities serving the Property, (iv) the development
potential of the Property; and the Property's use; habitability; merchantability, or fitness;
suitability; value or adequacy of the Property for any particular purpose, (v) the zoning or
other legal status of the Property or any other public or private restrictions on use of the
Property; (vi) the compliance of the Property or its operation with any applicable codes,
laws, regulations, statutes, ordinances, covenants, conditions and restrictions of any
governmental or quasi -governmental entity or of any other person or entity; (vii) the
condition of title to the Property (except the deed warranties), or (viii) any other fact or
condition which may affect the Property; including without limitation, the physical
condition. value, economics of operation or income potential of the Property.
9. Brokeraae. Purchaser and Seller each represent and warrant to the other that it has had no
dealings with any broker or agent in connection with this Agreement and the subject matter
hereof, and each party agrees to pay, and hold harmless and indemnify the other from and
against, any and all costs, expenses or liabilities for compensation, commissions and other
amounts claimed by any other broker or agent allegedly retained; consulted or employed
by such indemnifying party.
10. Indemnification. Buyer shall indemnify, defend and hold Seller harmless from and
against any and all losses, claims., actions, liabilities, damages; liens, costs and expenses,
including reasonable attorneys' fees, incurred by Seller (or its agents, consultants or
affiliates) arising out of or related to (i) any activities upon the Property by Buyer, its
agents, contractors and employees; or (ii) the failure by Buyer to observe or perform any of
its covenants, representations or obligations under this Contract. This Section 13 shall
survive the Closing or termination of this Contract.
• 11. Miscellaneous.
(a) This Agreement shall be binding upon and shall inure to the benefit of the parties
hereto and to their respective successors and assigns.
(b) Capitalized terms used by not defined in this letter shall have the meanings ascribed
to them in the Redevelopment Agreement.
(c) This Agreement may be executed in counterparts, each of which shall be an
original, but all of which shall constitute one instrument.
(d) This Agreement (i) contains the entire understanding between the parties hereto
with respect to the transactions contemplated herein; and (ii) may be altered or
amended from time to time only by written instrument executed by both parties
hereto.
(e) This Agreement shall be interpreted in accordance with the laws of the State of
Illinois.
(f) The provisions of the Uniform Vendor and Purchaser Risk Act of the State of
Illinois shall be applicable to this Agreement.
r[Signature Page Follows]
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IN WITNESS WHEREOF, the parties have executed this Agreement this day and year
first written above.
SELLER:
CITY OF EVANSTON,
A Home Rule unit of government
Print Name: Wally Bobkiewicz
Its: City Manager
PURCHASER:
COMMUNITY PARTNERS FOR AFFORDABLE HOUSING
An Illinois not -for -profit corporation
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0 Print Name: Rob Anthony
Its: Executive Director
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Exhibit A
THE NORTH 30 FEET OF LOT 15 AND THE SOUTH 10 FEET OF LOT 16 IN BLOCK 5 rNT
GRANT AND JACKSON'S ADDITION TO EVANSTON A SUBDIVISION IN THE SOUTH
PART OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP
41 NORTH; RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PAR TOF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH;
RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY. ILLINOIS.
Permanent Real Estate Index Number(s): 10-13-211-002-0000
Address of Real Estate: 1941 Jackson Avenue, Evanston, Illinois 60201
0 121046.5
•
After recording return to:
Michelle L. Masoncup
City of Evanston Law Department
2100 Ridge Avenue
Evanston, 1L 60201
QUIT CLAIM DEED
Cite of Evanston, an Illinois municipal corporation ("Grantor") having an address of
2100 Ridge Avenue, Evanston, IL 60201. for and in consideration of ONE AND NO/100
DOLLARS ($1.00) and other good and valuable considerations in hand paid, the receipt and
sufficiency of which are hereby acknowledged, by these presents does grant, bargain and quit
claim to Community Partners for Affordable Housing, an Illinois home rule unit of government
located in Cook County, Illinois ("Grantee") having an address of 400 Central Avenue, Highland
Park, IL 60035, all the following real property situated in the County of Cook, in the State of
Illinois ("Property"), to wit:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF.
hereof.
Subject to subject to the matters set forth in Exhibit B attached hereto and made a part
Grantor covenants as follows:
1. The real property is free from all encumbrances made by Grantor.
2. Grantor will warrant and defend the real property hereby conveyed against all lawful
claims and demands of persons claiming by, through or under Grantor, but against no other
person.
Permanent Real Estate Index Number: 10-13-211-002-0000 (part of)
Address of Real Estate: 1941 Jackson, Evanston, Illinois 60201
In Witness Whereof. said Grantor has executed this instrument as of . 2015.
CITY OF EVANSTON
Wally Bobkiewicz, City Manager
0
STATE OF ILLINOIS }
)SS.
COUTTY OF COOK }
The undersigned, an Illinois notary public; does hereby certify that
personally known to me to be the of
Grantor, and personally known to me to be the same person whose name is subscribed to the
foregoing instrument; appeared before me in the County stated above this day in person and
severally acknowledged that as such ; he/she signed and delivered the said
instrument, and as his/her free and voluntary act for the uses and purposes set forth therein.
Given under my hand and notarial seal this day of
Notary Public
SEND SUBSEQUENT TAX BILLS TO:
. City of Evanston Finance Division
Attn: Hitesh Desai
2100 Ridge Avenue
Evanston, IL 60201
0
;2014
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EXHIBIT A
LEGAL DESCRIPTION
THE NORTH 30 FEET OF LOT 15 AND THE SOUTH 10 FEET OF LOT 16 IN BLOCK 5 IN
GRANT AND JACKSON'S ADDITION TO EVANSTON A SUBDIVISION IN THE SOUTH
PART OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION L3, TOWNSHIP
41 NORTH; RANGE 13 EAST OF THE. THIRD PRINCIPAL MERIDIAN AND PAR TOF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH,
RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN. IN COOK COUNTY, ILLINOIS.
Permanent Real Estate Index Number(s): 10-L3-211-002-0000
Address of Real Estate: 1941 Jackson Avenue, Evanston, Illinois 60201