HomeMy WebLinkAboutORDINANCES-1994-070-O-94• 7/6/94
70-0-94
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ENTER INTO
A REAL ESTATE CONTRACT FOR THE SALE OF
PROPERTY AT 2230 MAIN STREET, EVANSTON, ILLINOIS
WHEREAS, the City of Evanston owns the real property
commonly known as 2230 Main Street, Evanston, Illinois, legally
described as follows:
See Exhibit A
WHEREAS, the City Council of the City of Evanston has
determined that ownership of the aforesaid real estate is no longer
necessary, appropriate, required or in the best interest of the
• City of Evanston; and
WHEREAS, the City Council of the City of Evanston has
determined that the best interest of the City of Evanston would be
served by the sale of said real estate to a qualified party for
private use; and
WHEREAS, pursuant to Ordinance 63-0-94, the City Council
by a vote of 2/3 of the elected Aldermen then holding office did
direct that the process to sell said Property be by negotiation on
behalf of the City; and
WHEREAS, pursuant to said Ordinance said negotiations
have occurred; and
WHEREAS, the City Manager recommends that a sale between
• the City of Evanston, as seller, and LaSalle National Bank as
Successor to Exchange National Bank of Chicago as Trustee under
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Trust Agreement dated June 18, 1991 and known as Trust Number 38712
(Owner of Record) , by and through its beneficiary, Michael Ward, as
buyer is hereby accepted by the City Council of the City of
Evanston for .the real property legally described in Exhibit A and
commonly known as vacant land located at 2230 Main Street,
Evanston, Illinois; and
WHEREAS, the City Council finds and determines that the
best interest of the City of Evanston and its residents will be
served by the acceptance of the aforesaid contract on the terms as
set forth in attached Exhibit B, attached hereto and incorporated
herein by reference;
WHEREAS, the notice of intent to sell City property has
been published in a newspaper of general circulation in the City of
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Evanston as required by ordinance; and •
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City Council of the City of Evanston
finds as fact the recitals hereinabove set forth.
SECTION 2: The negotiated sale to LaSalle National Bank
as Successor to Exchange National Bank of Chicago as Trustee under
Trust Agreement dated June 18, 1991 and known as Trust Number 38712
(Owner of Record), by and through its beneficiary, Michael Ward, as
buyer is hereby accepted by the City Council of the City of
Evanston for the real property legally described in Exhibit A and
commonly known as vacant land located at 2230 Main Street,
Evanston, Illinois. •
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SECTION 3: The City Manager is hereby authorized and
directed to sign, and the City Clerk is hereby authorized and
directed to attest, the contract for the sale.of 2230 Main Street.
The City Manager is further authorized to negotiate any changes or
additional terms and conditions with respect to the sale of the
aforesaid real property as he 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 the sale herein authorized, including other
documents referred to in said contracts.
SECTION 6: 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.
Introduced
Adopted:
, 1994
O 1994
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Appro ed: ��/� ,1994
\ Mayor
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TT S
/. City Clerk
Ap u as to form-
orporation Coun
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Exhibit A
That part of the Southwest quarter of section c1+9 Township 41 North, Range 13, East of the Third
Principal Meridian, bounded an described as follows# Commencing at the original Northeast corner of
Lot 1 in General Dynamics -Evanston Industrial Park Subdivision (-said point being the inlarsociion of
• the former Northwesterly right of way of the Chicago and Northwestern Transportation Co., and a
Ina 33 IL South of the North line of said Southwest quarter of Section 24, said fine also being the
South Ina of Blain Street 4 thence North 90 degree: East, along the South Ina of Main Streets
• 109.84 IL to the former Southeasterly right of way of the Chicago and Northwestern Tronsporfodu
Co., thence South 24 degrees, 26 m Lutes, 16 seconds West, along said r* of way Ile, 195.0 IL
to the point of beginning, thence continuing South 24 degrees, 26 m6uiles, 16 seconds west, 422.82
IL, thence North 65 degrees, 33 minutes, 44 seconds West 60.0 ft., thence North 24 degrees, 26
• minutes, 16 seconds East, 269.70 It. to a point of curve, thence Northwestern along a curve to Me
Will having a radius of 685.96 It. and chord bearing North I9 degrees, 27 minutes, 33 seconds
East, an arc length of 1192J ff. to a point of reverse curve, thence Northerly Wong a curve to the
right, having a radius of 745.96 It. and a chord bearing North 16 degrees, 57 minutes, 37 seconds
East, an arc length of 6457 IL, thence North 65 degrees, 33 minutes, 44 seconds West, 2.85 It.,
thence North 24 degrees, 26 minutes, 16 seconds East, along a fine 25.0 IL. Northwesterly of the
canter Ina of the most Wasterty main trade of the Chicago and Northwestern Transportation Co., as
originally located prior to its removal, 128.43 It. to the South Ina of Main Street, thence North 90
degrees East, along�said South tine 69.40 ft., thence South 24 degrees 26 minutes, 16 seconds
west, along a Ina 25.0 ft. Southeasterly- of the center Ina of the most Southeasterly main track of
said Chieogo and Northwestern transportation Co., as originally heated prior to its removal, 150.55 IL
to a point 9.0 11. Easterly, measured radialty, from the ceder Ina of. the Chicago and Northwestern
Transportation, Co. Spur. track ICC No.t 2, as said Spur Trod was onq��ity located prior to its
removal, thence South 14. degrees, 21 minutes, 55 seconds West, along a one porallal to said Spur
Track, 36.65 It., thence South 65 degreasr 33 minutes, 44 seconds East, 12.0 IL to the point of
beginning, Wl is Cook County, Il4nols.
ALSO,
That part of the Southwest quarter of Section 24, Township 41 North, Range 13, East of the Third
Principal Meridian, bounded and described as follows$ Commencing of the original Northeast corner of
Lot I in GanerW Dynanuics-Evanston Industrial Park Subdivision ( sold point being -the intersection of
the former Northwesterly right of way of to Chicago and Nortwestern Transportation Co, and a sine
33 It. South of the North One of said Southwest- quarter of Section 24, said be also being the
South Gne of Fain Street ), thence North 90 degrees East, along the South tine of Main Street,
109.84 IL to the former Southeasterly right of way of the Chicago and Northwestern Transportation
• Co., thence South 24 degees, 26 minutes, 16 seconds West, Wong said right of way One, 617.82 ft.,
thence North 65 degrees, 33 minutes, 44 seconds West, 60.0 It. to the point oI beginning, thence
24 degrees, 26 minutes. 15 seconds East, 269.70 ft. to a point of curve, thence Northwesterly
^lom 7 --e In the InIt_ \A.V -A % .nA h-e of FOS PC 'f Ar..d n A. Ai�rf� Ili /2 ..• � ^1?
minutes, 33 seconds Eest, an cre. length o! 1fSz" ft- to a point of reverse curve, thalco'Northerly,
along a curve to the right, having a radius of 745.96 ft. and a chord bearing North 16 degrees,
57 minutes, 37 seconds East, an arc length of 64.57 It., thence North 65 degrees, 33 minates,
44 seconds West, 2.85 it., thence North 24 degrees, 26 minutes, 16 seconds East along a One
25.0 It. Northwesterly of the canter Me of the most Westerly main track of the Chicago and
Northwestern Transportation Co., as originally located prior to Its removal 29.77 It., thence South
32 degrees, 07 minutes, 07 seconds West, 57.75 It., thence South 39 degrees, 03 minutes,
08 seconds West, 217.18 It. to the most Northerly center of Lot I in Zero Subdivision No.2, thence
South 24 degrees, 29 minutes, 53 seconds West, Wong the East line of said Lot I, 169.41 It.,
thence South 65 degrees, 33 minutes, 44 seconds East, 84.33 IL. to the point of beginning,
ALSQ,
That _part of Lot I, in Zero Subdivision No.2, being a Subdivision In the Southwest quarter of Section
24, Township 41 North, Range 13, bounded and described as follows, Beginning at the most Northerly
corner of said Lot 1, thence South 24 degrees, 29 minutes, 53 seconds West along the Easterly
One of. Lot. F,.168 -4 U-. t!sanes. North 65 dagraas, 33 minutes, 44 seconds West, 75.0 It. to the
'Nest ane of said Lot I, thence North 24 degrees, 29 minutes, 53 seconds Eas!, along said 'Nest
One, 4529 ft. to a bend In said West gnat thence continuing along said West One 38.92 It. to a
corner of said Lot I, thence South 00 degrees, 00 minutes, 00 seconds East, along the East two
of said Lot I, 47.52 It. to a corner of said Lot I, thence North, 39 degrees, 03 minutes, 08
seconds East, 180.96 It. to a oint of beginning, WI in Cook County, Illinois.
Commonly known as, Fain Street & Pitner Avenue, Evanston, OOnois.
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EXHIBIT A
EXCEPTING:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13,
EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS,
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COMMENCING AT THE ORMAL NORTHEAST CORNER OF LOT I IN GENERAL DYNAMICS-EVANSTON
INDUSTRIAL PARK SUMMON (SAID POINT BEING THE INTERSECTION OF THE FORMER NORTH-
WESTERLY RIGHT OF WAY OF THE CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY
AND A LINE 33 FT. SOUTH OF THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 24,
SAID LINE ALSO BEING THE SOUTH LINE OF MAIN STREET); THENCE NORTH 90 DEGREES EAST,
ALONG THE SOUTH LINE OF MAIN 4 I mt I 109.84 M TO THE FORMER SOUTHEASTERLY RIGHT
OF WAY OF THE CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY; THENCE SOUTH 24
DEGREES 26 MINUTES 16 SECONDS WEST, ALONG SAID RIGHT OF WAY LINE, 617.82 FT,; THENCE
NORTH 65 DEGREES 33 MINUTES 44 SECONDS WEST, 60.0 FT. TO THE POINT OF BEGINNING;
THENCE NORTH 24 DEGREES 26 MINUTES 16 SECONDS EAST, 269JO FT. TO A POINT OF
CURVE; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF685.96
FT. AND A CHORD BEARING NORTH 19 DEGREES 27 MINUTES 33 SECONDS EAST, AN ARC LENGTH
OF 119.21 FT. TO A POINT OF REVERSE CURVE; THENCE NORTHERLY ALONG A CURVE TO THE •
RIGHT, HAVING A RAZIUS OF 745.96 FT. AND A CHORD BEARING NORTH 16 DEGREES 57 MINUTES
37SECONDS EAST, AN ARC LENGTH. OF 64.57 FT.; THENCE NORTH 65 DEGREES 33 MINUTES 44
SECONDS WEST, 2.85 FT.; THENCE NORTH 24 DEGREES 26 MINUTES 16 SECONDS EAST, ALONG A
LINE 25.0 FT. NORTHWESTERLY OF THE CENTER LINE OF THE MOST WESTERLY MAIN "RACK OF
THE CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY, AS ORIGINALL'1 LOCATED PRIUR
TO ITS REMOVAL 29.77 FT.; THENCE SOUTH 32 DEGREES 07 MINUTES 03 SECONDS WEST, 57.75
FT.; THENCE SOUTH 39 DEGREES 03 MINUTES 08 SECONDS WEST, 21718 FT. TO THE MOST
NORTHERLY CORNER OF LOT I N ZERA SUBDIVISION No. 2; THENCE SOUTH 24 DEGREES 29
MINUTES 53 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT I, 169.41 FT.; THENCE SOUTH
65 DEGREES 33 MINUTES 44 SECONDS EAST, 84.33 FT. TO THE POINT OF BEGINNING,
ALSO THAT PART OF LOT I, N ZERA SUBDIVISION No. 2, BEING A SUBDIVISIUN N THE
SOUTHWEST OUARTER OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, BOUNDED AND DES-
CRIBED. AS FOLLOWS, BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT I; THENCE
SOUTH 24 DEGREES 29 MINUTES 53 SECONDS WEST ALONG THE EASTERLY LINE OF SAID LOT
11 169.41 FT.; THENCE NORTH 65 DEGREES 33 MINUTES 44 SECONDS WEST, 75.0 FT. TO THE
WEST LINE OF SAID LOT I; THENCE NORTH 24 DEGREES 29 MINUTES 53 SECONDS EAST, ALONG
SAID WEST LINE, 4529 FT. TO A BEND N SAID WEST LINE; THENCE NORTH 39 DEGREES, 03 MINUTES,
08 SECONDS EAST, ALONG SAID WEST LIME, 3832 FT. TO A CORNER OF SAID. LOT 19 THENCE SOUTH
00 DEGREES, 00 WNUTES, 00 SECONDS EAST, ALONG THE EAST LANE OF SAID I nT 1, 47.62 FT. TO
A CORSO OF SAID LOT I, THENCE NORTH 39 DEGREES, 03 MINUTES, 08 SECONDS EAST, 180.96 F .
TO A PONT OF BE6t�tt0NG, ALL IN COOK COUNTY, LLANOIS. 4-
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0 EXHIBIT B
• AGREEMENT FOR SALE AND PURCHASE.
DRAFT
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THIS AGREEMENT is made this day of July, 1994, by and
between CITY OF EVANSTON, having a notice address of 2100 Ridge
Avenue, Evanston, Illinois 60201 (the "Seller") and LASALLE NATIONAL
BANK as Successor to EXCHANGE NATIONAL BANK OF CHICAGO as Trustee
under Trust Agreement dated June 18, 1991 and known as Trust Number
38712 (Owner of Record), by and through its beneficiary, MICHAEL.
WARD, having a notice address of 1110 Emerson Street, Evanston,
Illinois, (the "Buyer").
W I T N E S S E T H:
1. Sale of Pronertv. The Seller agrees to sell and the Buyer
agrees to purchase on the terms hereafter stated all of.the Seller's
right, title and interest in and to all of the land situated in
Evanston, Cook County, Illinois, more specifically described in
Schedule A, attached hereto and made a part hereof, commonly known as
2230 Main Street, Evanston, Illinois (the "Property").
2. Purchase"Price. Subject to the adjustments and prorations
hereafter described, the total purchase price to be paid by the Buyer
Othe Seller for the purchase of the Property is the sum of ONE'
LLAR ($1.00). In consideration of said purchase price, Purchaser
assumes all liability for any and all soil preparation at the
Property necessary to prepare the site for construction, as indicated
in the Geotechnical Investigation prepared by Soil and Material
Consultants, Inc. dated June 8, 1992. In further consideration of
.said purchase price, Purchaser covenants and agrees with Seller that
Purchaser will use its best efforts to fulfill the terms and
conditions set forth in Paragraph 7 below. The purchase price will
be paid on the Closing Date.
3. Title. Within ten (10) days after the Seller's acceptance
hereof, the Seller will provide to the Buyer a copy of the existing
Plat of Survey of the Property and within thirty (30) days after
Seller's acceptance, a commitment for the issuance of an ALTA Form B
owner's policy of title insurance issued by a title insurer
acceptable to Purchaser and/or Purchaser's lender showing fee simple
title to the Property to be in the Seller and containing the
following exceptions (hereinafter referred to as the "Permitted
Exceptions") and no others:
a. Real Estate taxes for 1993 and subsequent years;
b. Public and utility easements and building setback lines of
• record;
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C. Zoning and building laws and ordinances.
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d. Covenants, conditions, and restrictions of record which do •
not interfere with the intended use of the property as a
residential building.
e. Drainage and utility district charges and assessments.
f. Acts of the Purchaser; rights of persons claimed by, through
or under the Purchaser; and any other matters which
Purchaser shall approve in writing.
The Buyer will have ten (10) days after receipt of the commitment for
title insurance to provide to the Seller a letter setting forth all
of the Buyer's objections to the Seller's title to the Property and
the Seller shall have thirty (30) days after receipt of such letter
to correct or obtain title insurance over the defects in title
objected to by the Buyer. If the Seller is unable to correct such
defects within such thirty (30) day period, the Buyer will have the
option to waive such defect or terminate this Agreement and to obtain
a refund of the Earnest Money Deposit with all interest accrued
thereon. On the Closing Date, the Seller will cause to be issued to
the Buyer a policy of owner's title insurance in an amount equal to
the purchase price, with extended coverage over questions of title
and survey, containing the Approved Title Exceptions and any other
exceptions to coverage waived or approved by the Buyer.
4. Closincr. The Buyer and the Seller agree that the purchase •
will be consummated'as follows:
4.1 Title Transfer. The Seller agrees to convey title to the
Property to the Buyer by Warranty Deed on or before the
close of business on the Closing Date and, effective on the
delivery of such deed by the Seller to the Buyer, all
ownership interest and the risk of loss of the Property will
pass from the Seller to the Buyer.
4.2 Closina Date. This transaction will close on July 25, 1994
or ten (10) days after final approval by the City of
Evanston of the terms of this Contract and Plan of
Relocation for Ward Manufacturing Company pursuant to the
City of Evanston Residential and Business Relocation
Policies on Evanston/Northwestern University Research Park,
whichever is later, (the "Closing Date") or any other date
mutually agreeable to the parties. The closing will take
place at the office of the title insurer or at such other
location upon which the parties shall mutually agree.
4.3 Seller's Instruments. At Closing, the Seller will deliver
or cause to be delivered to the Buyer the following items
(all documents will be duly executed and acknowledged where
required): 0
4.3.1 Warranty Deed. A Warranty Deed, executed by the
Seller conveying to the Buyer marketable fee .
simple title to all of the Seller's right, title
and interest in and to the Property, free and
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• clear of all liens and encumbrances except the
Permitted Exceptions;
4.3.2 Title and Lien Affidavits. An Affidavit of Title
certifying that the Seller is conveying clear
title to the Buyer free of all encumbrances
except the Permitted Exceptions and an ALTA
.statement or other lien affidavit in a form
acceptable to the title insurer certifying that
the Property is free from claims for mechanics',
materialmen's and laborer's liens;
4.3.3 Authority of Sianatory officials. Such
documents, certificates; or other evidence of
authority with respect to the Seller and each
nominee of the Seller acting hereunder as might
be reasonably requested by the Buyer;
4.3.4 Specific Assianments. Such specific assignments
and other instruments as might reasonably be
requested by the Buyer to transfer contracts,
permits and other similar items relating to the
Property to the Buyer, each of which will bear
the written approval (to the extent required) of
all appropriate parties thereto.
• 4.3.5 Transfer Tax Declarations/Exemption Statements.
State of Illinois, County of Cook, and City of
Evanston transfer tax declarations/exemption
providing all information concerning the
transaction required on said documents;
4.3.6 Additional Documents. Such additional.documents
as might be reasonably required by the Buyer to
consummate the sale of the Property to the Buyer,
including but not limited to any and all
documents required by federal, state, or local
authorities with respect to disclosures
concerning environmental risks.
4.4 Buver's Instruments. At Closing, the Buyer will deliver to
the Seller the payment required by Paragraph 2.2 and such
additional documents as might be reasonably required by the
Seller to consummate the sale of the Property to the Buyer.
4.5 Costs. The Seller will pay the following costs: The
Seller's attorney's fees, all costs associated with the
performance of any and all Phase I environmental impact
analyses required by the Buyer, as well as the issuance of
the owner's policy of title insurance to the Buyer, the cost
. of a new or recertified survey done by a licensed land
surveyor, the cost of the State, County, and City of
Evanston transfer tax stamps to be affixed to the deed, if
• any, and the release fee and recording fee for the release
deed of any mortgage made by the Seller which must be-
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released at or before Closing to transfer clear title to the
Buyer. The Buyer will pay the following costs: the Buyer's
attorney's fees, the costs of recording the deed conveying
title to the Property to the Buyer as well as the cost of
recording any mortgage(s) placed thereon.
5. Adiustments and Prorations. All receipts and disbursements
relating to the Property will be prorated on the Closing Date and the
purchase price will be adjusted on the following basis:
5.1 Property Taxes. Real estate taxes, if any, for the second
installment of 1993 and 1994 prorated to the Closing Date,
will be credited to the Buyer at Closing, based on the
amount of the last ascertainable tax bill. The Seller and
Buyer shall reprorate the 1993 and 1994 real estate taxes as
and when the second installment bill for 1993 becomes
available. Upon reproration, if the amount paid by the
Seller to the Buyer at Closing was in excess of the
reprorated taxes, the Buyer shall, within fifteen (15) days
of notice from the Seller, refund the excess to Seller. If,
in the event of reproration, the reprorated amount exceeds
the credit given to the Buyer at Closing, the Seller shall,
within fifteen (15) days of notice from the Buyer, pay the
balance due based upon the reprorated figures to the Buyer.
6. Seller's Representations. The Seller represents and warrants •
to the Buyer as follows: The Seller has the authority to make and
perform this Agreement; to the best of its knowledge, the Property
and the use thereof comply with all applicable public and private
restrictions, regulations, ordinances and laws; there are no
actions, suits, or other legal proceedings presently pending, or to
the best knowledge of the Seller, threatened against the Property;
the Seller's performance of this Agreement will not constitute a
default under any agreement by which the Property might be bound; to
its best knowledge the Property is in compliance with all applicable
environmental regulations, zoning ordinances and other restrictions
governing the use of the Property; to its best knowledge the Seller
has disclosed to the Buyer all matters which might have a material
adverse effect on the ownership, operation or maintenance of the
Property.
7. Buyer's Representations. In further consideration of the
Seller's agreement to sell at the Purchase Price set forth in
Paragraph 2 above, the Purchaser hereby represents as follows:
a. Purchaser shall, to the extent it shall be within its
reasonable control, maintain its operational and
administrative headquarters in the City of Evanston for a
minimum period of ten (10) years from the date of the
closing. In the event Purchaser removes its -operations from
the City of Evanston during the five (5) year period
commencing with the date of closing for any reason other
than Purchaser's bankruptcy, insolvency, substantial and .
material loss of business, or dissolution other than as a
result of the sale of all or substantially all of
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• Purchaser's.assets, Purchaser shall reimburse Seller -for a
prorated portion of the Seller's Original Acquisition Cost
for the Property ($111,000.00) upon the following schedule:
1. If the removal occurs within the first one year period
following closing, the Purchaser will pay the Seller
the sum of FIFTY FIVE THOUSAND FIVE HUNDRED DOLLARS
($55,500.00), i.e., 50% of the Original Acquisition
Cost.
2. If the removal occurs after the first year but prior to
the end of the second year following closing, the
Purchaser will pay the Seller the sum of FORTY FOUR
THOUSAND FOUR HUNDRED DOLLARS ($44,400.00), i.e., 40%
of the Original Acquisition Cost.
3. If the removal occurs after the second year but prior
to the end of the third year following closing, the
Purchaser will pay the Seller the sum of THIRTY THREE
THOUSAND THREE HUNDRED DOLLARS ($33,300.00), i.e., 30%
of the Original Acquisition Cost.
.4. If the removal occurs after the third year but prior to
the end of the fourth year following closing, the
Purchaser will pay the Seller the sum of TWENTY TWO
THOUSAND TWO HUNDRED DOLLARS ($22,200.00), i.e., 20% of
• the Original Acquisition Cost.
5. If the removal occurs after the fourth year but prior
to the end of the fifth year following closing, the
Purchaser will pay the Seller the sum of ELEVEN
THOUSAND ONE HUNDRED DOLLARS ($11,100.00), i.e., 10% of
the.Original Acquisition Cost.
b. In the construction of its new plant on the Property,
Purchaser will endeavor to award twenty-five percent (25%)
of its construction and/or consulting contracts to Evanston
based, minority -owned, or women -owned businesses.
C. Purchaser has and will continue to support the goals of fair
employment, and shall cooperate with the City of Evanston in
the hiring of new employees for its facility, and shall
endeavor, whenever possible, to hire Evanston residents, and
particularly, minority employees.
8. Survevs Zoning Issues. A. Prior to the Closing Date, Seller
shall furnish a survey by a licensed land surveyor dated or
recertified after the date of this Contract showing the location of
the improvements (including fences, if any) thereon and showing all
encroachments, if any. If the survey discloses improper location of
provements or encroachments and the Seller is unable to obtain
tle insurance protection for the benefit of the Buyer against loss
resulting.from such improper location or encroachment, Buyer may, at
les option, declare this Agreement to be null and void, with the
rnest Money Deposit and all interest accrued thereon to be returned
to the Buyer.
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B. Seller covenants and agrees that it shall, upon review is
and approval of Purchaser's building/construction plans, allow
issuance of all requisite Building Permits prior to completion of the
consolidation of the two (2) lots upon which Purchaser proposes to
construct its new facility. Purchaser covenants and agrees that it
will endeavor to complete said consolidation prior to the issuance of
the Final Certificate of Occupancy.
9. Possession. Possession of the Property will be delivered to
the Buyer on the Closing Date free from management contracts, service
contracts, employment agreements, and leases and/or tenancies of any
kind or nature.
10. Default; Remedv,. In the event that either party fails to
perform such party's respective obligations hereunder (except as
excused by the other's default) the party claiming default will make
written demand for performance. If the Seller fails to comply with
such written demand within ten (10) days after receipt thereof, the
Buyer will have the option to waive such default, demand specific
performance, or terminate this Agreement and, on such termination,
the Earnest Money Deposit together with all interest accrued thereon,
will be returned to the Buyer. If the Buyer fails to comply with
such written demand within ten (10) days after receipt thereof, the
Seller will have the option to waive such default or to terminate
this Agreement and, on such termination, the Seller will be paid the
Earnest Money Deposit as liquidated damages (and not as a penalty).as •
Seller's sole remedy. On such return or payment of the Earnest Money
Deposit,•the parties will be discharged from any further obligations
and liabilities hereunder. It is specifically acknowledged that the
Seller waives all rights to claim or demand specific performance of
this Agreement.
11. Code Compliance. Seller shall warrant to Purchaser in the
Affidavit of Title to be delivered at closing that Seller has not
received any notice of zoning or building code violations between the
date of contract and the date of closing, and that any and all
violations previously noted have been corrected.
12. Recxulatory and Environmental Issues.. A. If required,
Seller shall report this transaction to the Illinois Department of
Revenue (IDOR) promptly upon Seller's acceptance of this Contract
pursuant to the provisions of Section 902 (d) and companion sections
of the Illinois Revenue Act. Purchaser shall have the right to
withhold from Seller any amount required by IDOR in any Stop Order
Letter issued by IDOR, such funds to be held by the title insurer in
escrow until such time as the Stop Order is duly released by IDOR,
or, if necessary, the escrowee shall apply such funds to obtain such
release: Any part of such funds held by the escrowee after IDOR
issues a release shall be paid over to Seller.
B. Seller agrees to comply with the Illinois Responsible
Property Transfer Act by preparing and submitting the necessary
environmental disclosure documents to Purchaser and the title
insurance company, if required, at least ten (10) days prior to
closing. .
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C. Seller warrants and represents that there are no
Ode'rground storage tanks (UST's) on the property, nor are there any
other environmental risks or contaminants present on the property
including asbestos, benzene, or other hazardous substances identified
as such by the Environmental Protection Agency, other than as
identified on the Phase I Environmental Site Assessment dated May 10,
1994 prepared by Mionx Corporation.
13. Contracts. Leases. A. Seller warrants and represents that
there are and shall be no service contracts, agreements, licenses,
invoices, bills, or understandings of any nature, written or oral,
which have not been disclosed herein, which Purchaser will be
required to assume, pay, or be bound by.
14. Continaencv.. This Contract is expressly contingent upon
the closing of the purchase of the property contiguous to 2230 Main
Street, Evanston, Illinois by the Purchaser from Philip Zera/Zera
Construction, Inc., and the sale of the property commonly known as
1110 Emerson Street, Evanston, Illinois by Purchaser to the City of
Evanston, respectively, on or before July 25, 1994 or any other date
mutually agreeable to the parties hereto.
15. Notice. For purposes of the Contract, any written notice
must be personally delivered or mailed by certified or registered
mail, or transmitted by facsimile, and shall be deemed given and be
effective as of the date when such notice is received by the party to
Gom the notice is directed and/or his attorney. Notice shall be
liverea to the parties at the addresses indicated on the front page
of this Contract. Seller's attorney is Laura S. Addelson, 500 Davis
Center Suite 701, Evanston, Illinois 60201, facsimile number
708-328-0486. Buyer's attorney is Herbert Hill, 2100 Ridge Avenue,
Evanston, Illinois 60201, facsimile number
16. Broker's Commission.. The parties acknowledge that no real
estate broker has been involved in the transaction or provided
services'on behalf of either party hereto, and that no real estate
commission will be due and payable by either party in conjunction -
with this transaction.
17. Miscellaneous. It is'further agreed as follows:
17.1 Time. Time is of the essence of this Agreement.
17.2 Entire Aareement. This instrument constitutes the entire
agreement between the Buyer and the Seller and there are no
agreements, understandings, warranties or representations
between the Buyer and the Seller except as set forth
herein. This Agreement cannot be amended except in writing
executed by the Buyer and the Seller.
• 17.3 Bindina Effect. This Agreement will inure to the benefit of
and bind the respective successors and permitted assigns of
the parties hereto.
• 17.4 Expiration. This Agreement has been executed by the parties
-7-
on the dates set forth below their respective signatures. •
It is understood that the obligation of the Buyer under this
Agreement will terminate on the date five (5) business days
after the date of the Buyer's execution of this Agreement
unless the Seller shall have duly executed and returned a
copy of this Agreement to the Buyer prior to such date.
17.5 Assianment. The rights of the parties under this Agreement
cannot be.assigned in whole or in part without the prior
written consent of the other party.
17.6 Further Acts. Each party hereto agrees to do, execute,
acknowledge and deliver all such further acts, assignments,
transfers, assurances, and instruments that may reasonably
be required to fully effectuate the transactions
contemplated in this Agreement.
IN WITNESS WHEREOF, this instrument has been executed by the
parties on the date indicated below their respective signatures.
Buyer
Seller
•
•
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9
atiKtEGwt
0
Exhibit A
70-0-94
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST
OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE ORIGINAL NORTHEAST CORNER OF LOT 1 IN GENERAL DYNAMICS-EVANSTON
INDUSTRIAL PARK SUBDIVISION (SAID POINT BEING THE INTERSECTION OF THE FORMER
NORTHWESTERLY RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN TRANSPORATION COMPANY,
AND A LINE 33 FEET SOUTH OF THE NORTH LINE OF SAID SOUTHWEST 1/4 OF SECTION 24,
SAID LINE ALSO BEING THE SOUTH LINE OF MAIN STREET), THENCE NORTH 90 DEGREES
EAST, ALONG THE SOUTH LINE OF MAIN STREET, 109.84 FEET TO THE FORMER
SOUTHEASTERLY RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN TRANSPORATION COMPANY,
THENCE SOUTH 24 DEGREES 26 MINUTES 16 SECONDS WEST, ALONG SAID RIGHT OF WAY LINE
195.0 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING SOUTH 24 DEGREES 26
MINUTES 16 SECONDS WEST, 422.82 FEET, THENCE NORTH 65 DEGREES 33 MINUTES 44
SECONDS WEST 60.0 FEET, THENCE NORTH 24 DEGREES 26 MINUTES 16 SECONDS EAST,
269.70 FEET TO A POINT OF CURVE, THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT,
HAVING A RADIUS OF 685.96 FEET AND CHORD BEARING NORTH 19 DEGREES 27 MINUTES 33
SECONDS EAST, AN ARC LENGTH OF 119.21 FEET TO A POINT OF REVERSE CURVE, THENCE
NORTHERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 745.96 FEET AND A CHORD
BEARING NORTH 16 DEGREES 57 MINUTES 37 SECONDS EAST, AN ARC LENGETH OF 64.57
FEET, THENCE NORTH 65 DEGREES 33 MINUTES 44 SECONDS WEST, 2.85 FEET, THENCE NORTH
24 DEGREES 26 MINUTES 16 SECONDS EAST, ALONG A LINE 25.0 FEET NORTHWESTERLY OF
THE CENTER LINE OF THE MOST WESTERLY MAIN TRACK OF THE CHICAGO AND NORTHWESTERN
TRANSPORATION COMPANY, AS ORIGINALLY LOCATED PRIOR TO ITS REMOVAL, 128.43 FEET TO
THE SOUTH LINE OF MAIN STREET, THENCE NORTH 90 DEGREES EAST, ALONG SAID SOUTH
LINE 69.40 FEET, THENCE SOUTH 24 DEGREES 26 MINUTES 16 SECONDS WEST ALONG A LINE
25.0 FEET SOUTHEASTERLY OF THE CENTER LINE OF THE MOST SOUTHEASTERLY MAIN TRACT
OF SAID CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY, AS ORIGINALLY LOCATED
PRIOR TO ITS REMOVAL, 150.55 FEET TO A POINT 9.0 FEET, EASTERLY, MEASURED
RADIALLY, FROM THE CENTER LINE OF THE CHICAGO AND NORTHWESTERN TRANSPORATION
COMPANY SPUR TRACK ICC NO. E-232, AS SAID SPUR TRACK WAS ORIGINALLY LOCATED PRIOR
TO ITS REMOVAL, THENCE SOUTH 14 DEGREES 21 MINUTES 55 SECONDS WEST, ALONG A LINE
PARALLEL TO SAID SPUR TRACK, 36.65 FEET, THENCE SOUTH 65 DEGREES 33 MINUTES, 44
SECONDS EAST, 12.0 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS.
ALSO
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST
OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE ORIGINAL NORTHEAST CORNER OF LOT 1 IN GENERAL DYNAMICS-EVANSTON
INDUSTRIAL PARK SUBDIVISION (SAID POINT BEING THE INTERSECTION OF THE FORMER
NORTHWESTERLY RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN TRANSPORTATION
COMPANY, AND A LINE 33 FEET SOUTH OF THE NORTH LINE OF SAID SOUTHWEST 1/4 OF
SECTION 24, SAID LINE ALSO BEING THE SOUTH LINE OF MAIN STREET; THENCE NORTH 90
DEGREES EAST, ALONG THE SOUTH LINE OF MAIN STREET, 109.84 FEET TO THE FORMER
SOUTHEASTERLY RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN TRANSPORATION COMPANY,
THENCE SOUTH 24 DEGREES 26 MINUTES 16 SECONDS WEST, ALONG SAID RIGHT OF WAY LINE,
617.82 FEET, THENCE NORTH 65 DEGREES 33 MINUTES 44 SECONDS WEST, 60.0 FEET TO THE
POINT OF BEGINNING; THENCE 24 DEGREES 25 MINUTES 16 SECONDS EAST, 269.70 FEET TO
PAGE A2 DMT 07/20/94 14:11:22
•
A POINT OF CURVE, THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF'�
685.96 FEET AND A CHORD BEARING NORTH 19 DEGREES 27 MINUTES 33 SECONDS EAST, AN ARC
LENGTH OF 119.21 FEET TO A POINT OF REVERSE CURVE, THENCE NORTHERLY ALONG A CURVE TO
THE RIGHT, HAVING A RADIUS OF 745.96 FEET, AND A CHORD BEARING NORTH 16 DEGREES 57
MINUTES 37 SECONDS EAST, AN ARC LENGTH OF 64.57 FEET, THENCE NORTH 65 DEGREES 33
MINUTES 44 SECONDS WEST 2.85 FEET, THENCE NORTH 24 DEGREES 26 MINUTES 16 SECONDS EAST
ALONG A LINE 25.0 FEET NORTHWESTERLY OF THE CENTER LINE OF THE MOST WESTERLY MAIN
TRACK OF THE CHICAGO AND NORTHWESTERN TRANSPORATION COMPANY, AS ORIGINALLY LOCATED
PRIOR TO ITS REMOVAL 29.77 FEET, THENCE SOUTH 32 DEGREES 07 MINUTES 07 SECONDS WEST,
57.75 FEET, THENCE SOUTH 39 DEGREES 03 MINUTES 08 SECONDS WEST, 217.18 FEET TO THE
MOST NORTHERLY CENTER OF LOT 1 IN ZERA SUBDIVISION NO. 2, THENCE SOUTH 24 DEGREES 29
MINUTES 53 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT 1, 169.41 FEET, THENCE SOUTH
65 DEGREES 33 MINUTES 44 SECONDS EAST, 84.33 FEET TO THE POINT OF BEGINNING, IN COOK
COUNTY, ILLINOIS.
ALSO
THAT PART OF LOT 1 IN ZERA SUBDIVISION NO. 2, BEING A SUBDIVISION IN THE SOUTHWEST
1/4 OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 1, THENCE SOUTH 24 DEGREES 29
MINUTES 53 SECONDS WEST ALONG THE EASTERLY LINE OF LOT 1, 169.41 FEET, THENCE NORTH
65 DEGREES 33 MINUTES 44 SECONDS WEST, 75.0 FEET TO THE WEST LINE OF SAID LOT 1,
THENCE NORTH 24 DEGREES 29 MINUTES 53 SECONDS EAST, ALONG SAID WEST LINE, 45.29 FEET
TO A BEND IN SAID WEST LINE, THENCE CONTINUING ALONG SAID WEST LINE 38.92 FEET TO A
CORNER OF•SAID LOT 1, THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, ALONG THE
EAST LINE OF SAID LOT 1, 47.52 FEET TO A CORNER OF SAID LOT 1, THENCE NORTH 39
DEGREES 03 MINUTES 08 SECONDS EAST, 180.96 FEET TO A POINT OF BEGINNING, ALL IN COOK
COUNTY, ILLINOIS.
EXCEPTING THEREFROM THE FOLLOWING:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST OF
THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE ORIGINAL NORTHEAST CORNER OF LOT 1 IN GENERAL DYNAMICS-EVANSTON
INDUSTRIAL PARK SUBDIVISION (SAID POINT BEING THE INTERSECTION OF THE FORMER
NORTHWESTERLY RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN TRANSPORATION COMPANY AND
A LINE 33 FEET SOUTH OF THE NORTH LINE OF SAID SOUTHWEST 1/4 OF SECTION 24, SAID LINE
ALSO BEING THE SOUTH LINE OF MAIN STREET), THENCE NORTH 90 DEGREES EAST ALONG THE
SOUTH LINE OF MAIN STREET, 109.84 FEET TO THE FORMER SOUTHEASTERLY RIGHT OF WAY OF
THE CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY; THENCE SOUTH 24 DEGREES 26
MINUTES 16 SECONDS WEST, ALONG SAID RIGHT OF WAY LINE, 617.82 FEET; THENCE NORTH 65
DEGREES 33 MINUTES 44 SECONDS WEST, 60.0 FEET TO THE POINT OF BEGINNING; THENCE NORTH
24 DEGREES 26 MINUTES 16 SECONDS EAST, 269.70 FEET TO A POINT OF CURVE; THENCE
NORTHWESTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 685.96 FEET AND A CHORD
BEARING NORTH 19 DEGREES 27 MINUTES 33 SECONDS EAST, AN ARC LENGTH OF 119.21 FEET TO
A POINT OF REVERSE CURVE; THENCE NORTHERLY ALONG A CURVE TO THE RIGHT, HAVING A
RADIUS OF 745.96 FEET AND A CHORD BEARING NORTH 16 DEGREES 57 MINUTES 37 SECONDS
EAST, AN ARC LENGTH OF 64.57 FEET; THENCE NORTH 65 DEGEES 33 MINUTES 44 SECONDS WEST,
2.85 FEET; THENCE NORTH 24 DEGREES 26 MINUTES 16 SECONDS EAST, ALONG A LINE 25.0 FEET
NORTHWESTERLY OF THE CENTER LINE OF THE MOST WESTERLY MAIN TRACK OF THE CHICAGO AND
RC8CliA2 PAGE A 3
DMT
14:11:41
NORTHWESTERN TRANSPORTATION COMPANY, AS ORIGINALLY LOCATED PRIOR TO ITS REMOVAL 29.77
FEET; �tuw—z SOUTH 32 DEGREES 07 MINUTES 03 SECONDS WEST, 57.75 FEET; THENCE SOUTH 39
DEGREES 03 MINUTES 08 SECONDS WEST, 217.18 FEET TO THE MOST NORTHERLY CORNER OF LOT 1
IN ZERA SUBDIVISION NO. 2, THENCE SOUTH 24 DEGREES 29 MINUTES 53 SECONDS WEST, ALONG
THE EAST LINE OF SAID LOT 1, 169.41 FEET; .tizv&%.ss SOUTH 65 DEGREES 33 MINUTES 44
SECONDS EAST, 84.33 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING
THAT PART OF LOT 1, IN ZERA SUBDIVISION NO. 2, BEING A SUBDIVISION IN THE SOUTHWEST
1/4 OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 1; THENCE SOUTH 24 DEGREES 29
MINUTES 53 SECONDS WEST ALONG THE EASTERLY LINE OF SAID LOT 1, 169.41 FEET; THENCE
NORTH 65 DEGREES 33 MINUTES 44 SECONDS WEST, 75.0 FEET TO THE WEST LINE OF SAID LOT
l; THENCE NORTH 24 DEGREES 29 MINUTES 53 SECONDS EAST, ALONG SAID WEST LINE 45.29
FEET TO A BEND IN SAID WEST LINE; THENCE NORTH 39 DEGREES 03 MINUTES 08 SECONDS EAST,
ALONG SAID WEST LINE, 38.92 FEET TO A CORNER OF SAID LOT 1, THENCE SOUTH 00 DEGREES
00 MINUTES 00 SECONDS EAST, ALONG THE EAST LINE OF SAID LOT 1, 47.62 FEET TO A CORNER
OF SAID LOT 1, THENCE NORTH 39 DEGREES 03 MINUTES 08 SECONDS EAST, 180.96 FEET TO A
POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS.
•
•
VA
PAGE A 4
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