HomeMy WebLinkAboutAgreement and Easement for Construction of Northwestern University Visitors Center at 1841 Sheridan RoadPROJECT AGREEMENT
THIS PROJECT AGREEMENT ("Project Agreement") is made as of
140 U44 -1 3 . 20173by and between THE CITY OF EVANSTON ("City") and
NORTHWESTERN UNIVERSITY, an Illinois corporation ("Northwestern") (each
referred to herein as "a Party" or, collectively, as "the Parties").
RECITALS
A. The City is the owner of that certain property commonly known as Clark
Street Beach Property (the "Property"), which is adjacent to Northwestern's property
commonly known as Northwestern University Evanston Campus.
B. Northwestern intends to build a new Visitors Center on Northwestern's
property at 1841 Sheridan Road, Evanston, Illinois, as well as a fire lane to service the
Visitor's Center (the "Fire Lane"). Northwestern wishes to build a portion of the Fire
Lane on City's Property.
C. For the construction of the Visitor's Center and the Fire Lane,
Northwestern has requested that the City grant Northwestern a Temporary Construction
Easement to use and access that portion of the Property identified in Exhibit A-1
("Temporary Construction Easement Area") to conduct construction activities on the
Property, solely for purposes of supporting construction on the Property, including
staging, fence installation, and other temporary construction activities on limited areas
immediately adjacent to the Property, as more fully set forth in this Project Agreement.
City has agreed to grant such Temporary Construction Easement, subject to the terms
and conditions of this Project Agreement.
D. Northwestern shall construct certain improvements ("Fire Lane
Improvements", defined supra) within the Temporary Construction Easement Area, to
be maintained by the City on the portion of the Property identified in Exhibit A-2 ("Fire
Lane Path Area") to allow for emergency vehicle access, pedestrian and bicycle use:
E. The City has requested that Northwestern construct a sidewalk to connect
the City's existing pedestrian path located on the Clark Street Beach Property to the
Fire Lane. The City intends to maintain this connecting sidewalk after the sidewalk is
constructed.
NOW, THEREFORE, in consideration of the foregoing Recitals, which are hereby
incorporated in and made a part of this Project Agreement as if fully set forth below, the
mutual agreement of the Parties hereto and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as
follows:
1. Grant of Temporary Construction Easement. Subject to the terms of this
Project Agreement, City will grant to Northwestern, its invitees, employees, agents,
contractors and subcontractors, a Temporary Construction Easement for access over,
upon, through and across the Property for construction of the Fire Lane Path and a
sidewalk to connect the City's existing pedestrian path located on the Clark Street
Beach Property to the Fire Lane, and for no other purposes, as set forth in the attached
Exhibit A-3 ("Temporary Construction Easement"). The Temporary Construction
Easement shall expire after the construction contemplated on Exhibit A-4 is completed
and accepted by the City ("Project Term"). Northwestern agrees to pay the City a
temporary construction easement fee of $14,510.50 (Fourteen Thousand Five Hundred
Ten and 50/100 Dollars) prior to easement issuance.
2. Construction of the Fire Lane Improvements. Northwestern shall construct
the Fire Lane and the landscaping, as more fully described in Paragraph 5, within the
Fire Lane Path Area (the "Fire Lane Improvements") in conformance with the Site and
Construction Plan attached hereto as Exhibit A-4 (the "Site and Construction Plan").
Northwestern shall adhere to all requirements and specifications for the construction
occurring on City Property as provided in the Site and Construction Plan. The City and
Northwestern agree that the Fire Lane Improvements shall be at the sole cost and
expense of Northwestern, including any and all permit fees for the construction and the
survey fees for the project. Northwestern shall comply with all local (including, but not
limited to all zoning and tree preservation ordinances), state and federal regulations
during the construction of the Fire Lane Improvements and obtain all necessary permits
for construction. The City shall have the express right to inspect the Fire Lane
Improvements during the period of construction and shall send notice three business
days prior to said inspection.
3. Maintenance of the Fire Lane Path Area. The City shall maintain the Fire
Lane Path Area for the perpetual use of emergency vehicles, pedestrians and bicyclists.
The maintenance includes, but is not limited, any and all repairs, paving, pothole and
crack patching, maintaining and replacing the landscaping within the Fire Lane Path
Area. In consideration of the City conducting said future repairs and maintenance
during the term of the project agreement, Northwestern shall pay the City a one-time fee
of $250,000.00 (Two Hundred Fifty Thousand and no/100 Dollars) ($10,000.00/per year
for the 25-year Project Agreement Term, defined supra) (the "Maintenance Fee").
Northwestern shall disburse payment of the Maintenance Fee to the City within thirty
(30) days of execution of this Project Agreement.
4. Project Agreement Term. The Fire Lane Path Area shall be maintained by
the City for an initial term of twenty-five (25) years, unless sooner revoked or terminated
as provided herein (the "Project Agreement Term"). Prior to the expiration of the Project
Agreement Term, the parties shall have the ability to negotiate the renewal of this
Project Agreement for the City to maintain the Fire Lane Improvements for an additional
twenty-five year period by mutual written agreement of the Parties (the "First Renewal").
Prior to the expiration of the First Renewal, the term of the Project Agreement Term
shall be extended solely by mutual written agreement of the Parties for an additional
twenty-five year period (the "Second Renewal").
2
5. Landscaping.
(a) Attached as Exhibit A-5 is Northwestern's Fire Lane Path Area
Landscaping Plan, prepared in consultation with the City's Arborist. Northwestern
acknowledges and agrees to strictly follow the attached Landscaping Plan, for the
landscaping and plantings as depicted on the referenced exhibit.
(b) During the construction of the Fire Lane Improvements, 275 trees
may be removed. The City Manager's designee, the City Arborist, has determined that
replacing the trees at the full replacement value specified in City Code Section 7-8-8-
7(G)(1), would cause an unreasonable overcrowding of trees upon the Fire Lane Path
Area. In lieu of replacement of the aforementioned trees within the Fire Lane Path Area,
Northwestern shall pay a fee to the City of $173,850.00 (One Hundred Seventy -Three
Thousand Eight Hundred Fifty and no/100 Dollars) based on the fee schedule
established in 7-8-8-7(G)(2). Northwestern shall disburse payment to the City within
thirty (30) days of execution of this Project Agreement.
6. Environmental. Northwestern shall comply with all Environmental Laws
(hereinafter defined) and shall not cause or permit any Hazardous Substances
(hereinafter defined) to be brought, kept or stored on the Property, and shall not engage
in or permit any other person or entity to engage in any activity, operation or business
on the Property that involves the generation, manufacture, refining, transportation,
treatment, storage, handling or disposal of Hazardous Substances. In the event that
any work performed by or on behalf of Northwestern on or to the Property exposes,
uncovers or results in the presence of Hazardous Substances on the Property (including
presence in soils excavated in conjunction with the Project), Northwestern, at its sole
cost and expense, shall be responsible for the remediation of such Hazardous
Substances in accordance with Environmental Laws, except to the extent caused by
City.
As used in this Project Agreement, "Hazardous Substances" means all
hazardous or toxic materials, substances, pollutants, contaminants, or wastes currently
identified as a hazardous substance or waste in the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 ("CERCLA" ), as amended, the
Superfund Amendments and Reauthorization Act ("SARA" ), the Resource Conservation
and Recovery Act ("RCRA" ), or any other federal, state or local legislation or ordinances
applicable to the Property. As used in this Project Agreement, "Environmental Laws"
means all federal, state and local environmental laws, rules, statutes, directives, binding
written interpretations, binding written policies, ordinances and regulations issued by
any governmental authority and in effect on or after the date of this Project Agreement
with respect to or that otherwise pertain to or affect the Property, or any portion of the
Property, the use, ownership, occupancy or operation of the Property, or any portion of
the Property, or any owner of the Property, and as same have been amended, modified,
or supplemented from time to time, including but not limited to CERCLA, the Hazardous
Substances Transportation Act (49 U.S.C. § 1802 et seq.), RCRA, the Water Pollution
Control Act (33 U.S.C. § 1251 et seq.), the Safe Drinking Water Act (42 U.S.C. § 300f
et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.), the Solid Waste Disposal Act (42
U.S.C. § 6901 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.),
3
the Emergency Planning and Community Right -to -Know Act of 1986 (42 U.S.C. § 11001
et seq.), the Radon and Indoor Air Quality Research Act (42 U.S.C. § 7401 note, et
seq.), SARA, comparable state and local laws, and any and all rules and regulations
that are effective as of the date of this Project Agreement, or become effective after the
date of this Project Agreement under any and all of the aforementioned laws.
7. Covenants and Conditions. Northwestern covenants, warrants and
agrees that with respect to the activities contemplated under this Project Agreement
that: (i) no waste or damage shall be committed upon or to the Property; (ii) the
Property shall be used for only the purposes set forth herein; (iii) the Property shall not
be used for any unlawful purpose and no violations of Laws (hereinafter defined) or duly
constituted authority shall be committed thereon; (iv) Northwestern shall keep the
Property in a clean and sanitary condition; (v) Northwestern shall not do or permit to be
done anything upon the Property that may subject City to any liability for injury or
damage to person or property, or result in a violation of any Laws and (vi) the work
performed on or to the Property pursuant to this Project Agreement or the Construction
and Site Plan shall not adversely affect the City's ability to use the Property, except as
previously agreed to by the City and reflected in plan descriptions as previously
represented to the City.
8. Surrender. Except for alterations and changes to the Property expressly
permitted by this Agreement, Northwestern shall, at the conclusion of construction of the
Fire Lane Improvements or upon the earlier termination hereof, yield the Property to the
City in substantially the same condition as of the date of this Project Agreement.
9. Insurance and Indemnification. Northwestern shall procure and maintain
(or shall cause the Northwestern's Design/Build/Operate Contractor to procure and
maintain, naming Northwestern and any other Persons required to be so named
hereunder as additional insured) for the duration of the Project Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work contemplated to construct the Fire Lane
Improvements and the Visitors Center construction work within the Temporary
Construction Easement Area (the "Work") by Northwestern, its agents, subcontractors,
representatives and employees. Insurance, together with endorsements as required by
this section shall be of the type, in the amounts and subject to all provisions in this
section. Northwestern acknowledges and agrees that if it fails to comply with all
requirements of this Section 9, the City may void the Agreement.
Northwestern must give to the City Certificates of Insurance identifying City to be
an Additional Insured for all Work done pursuant to this Project Agreement before City
staff recommends award of the contract to City Council. Any limitations or modifications
on the Certificate(s) of Insurance issued to the City in compliance with this Section that
conflict with the provisions of this section shall have no force and effect.
After award of the Contract to Northwestern, Northwestern shall give City a
certified copy(ies) of the insurance policy(ies) and all riders to such policy(ies)
evidencing the amounts set forth in this section, and copies of the Additional Insured
endorsement to such policy(ies) which name City as an Additional Insured for all Work
done pursuant to this Project Agreement before Contractor does any Work pursuant to
this Agreement. Northwestern's certificate of insurance shall contain a provision that
the coverage afforded under the policy(s) will not be canceled or reduced without sixty
(60) days prior written notice (hand delivered or registered mail) to City. Northwestern
shall promptly forward new certificate(s) of insurance evidencing the coverage(s)
required herein upon annual renewal of the subject policies.
9.1.1 The policies and the Additional Insured endorsement must be delivered to the
City within two (2) weeks of the request. All insurance policies shall be written with
insurance companies licensed or authorized to do business in the State of Illinois and
having a rating of not less than A-XIII or better as published within the prior twelve
months, or if none, the most recent edition of Best's Key Rating Guide, Property -
Casualty Edition. Any deductibles or self -insured retentions must be declared to and
approved by City.
9.1.2 Commercial general liability coverage at least as broad as Insurance
Services Office Commercial General Liability occurrence coverage ("occurrence" form
CG0001, Ed. 11/88) with a limit of not less than $5,000,000 per occurrence. If the
insurance includes a general aggregate limit, that limit shall apply separately to this
Project Agreement or it shall be at least twice the required per occurrence limit.
Deductibles shall be commensurate with industry practice.
Northwestern understands that the acceptance of Certificates of Insurance,
policies, and any other documents by the City in no way releases the Contractor and its
subcontractors from the requirements set forth herein.
9.1.3 Northwestern's insurance and any insurance provided in compliance with
these specifications shall be primary with respect to any insurance or self-insurance
programs covering the City, its City Council and any officer, agent or employee of City.
Northwestern expressly agrees to waive its rights, benefits and entitlements
under the "Other Insurance" clause of its commercial general liability insurance policy
with respect to the City. In the event Northwestern fails to purchase or procure
insurance as required above, the parties expressly agree that Northwestern shall be in
default under this Agreement, and that the City may recover all losses, attorney's fees
and costs expended in pursuing a remedy, or reimbursement, at law or in equity,
against Northwestern.
9.1.4 All liability coverage shall name the City, its City Council and every officer,
agent and employee of the City as an additional insured.
9.1.5 Where available, the insurer shall agree to waive all rights of subrogation
against the City, its City Council and every officer, agent and employee of City.
In the event any insurance required to be maintained herein becomes
unavailable or is not available on commercially reasonable terms, Northwestern shall
maintain or shall cause to be maintained the best that is available on commercially
reasonable terms as agreed to by the City in writing.
10. Indemnity
Northwestern shall defend, indemnify and hold harmless City and its officers,
elected and appointed officials, agents, and employees from any and all liability, losses,
or damages as a result of claims, demands, suits, actions, or proceedings of any kind or
nature, including without limitation costs, and fees, including attorney's fees, judgments
or settlements, resulting from or arising out of any negligent or willful act or omission on
the part of the Northwestern or Northwestern's subcontractors, employees, agents or
subcontractors during the performance of this Agreement. Such indemnification shall
not be limited by reason of the enumeration of any insurance coverage herein provided.
This provision shall survive completion, expiration, or termination of this Project
Agreement.
Northwestern agrees to cooperate in the event any litigation is brought against
the City by any party seeking to enjoin, restrain, or stop the Work contemplated by this
Agreement, specifically included but not limited to, Work which a prospective Plaintiff
alleges violates the City's ordinance relating to Trees and Shrubs (Title 7, Chapter 8,
Sections 7-8-1 through 7-8-13). Northwestern shall defend, indemnify, and hold
harmless City and its officers, elected and appointed officials, agents, and employees
from any and all liability, losses, or damages as a result of claims, demands, suits,
actions, or proceedings of any kind or nature, including without limitation costs, and
fees, including attorney's fees, judgments or settlements, resulting from or arising out of
any litigation related to the City's ordinance relating to Trees and Shrubs (Title 7,
Chapter 8, Sections 7-8-1 through 7-8-13).
Nothing contained herein shall be construed as prohibiting City, or its officers,
agents, or employees, from defending through the selection and use of their own
agents, attorneys, and experts, any claims, actions or suits brought against them.
Northwestern shall be liable for the costs, fees, and expenses incurred in the defense of
any such claims, actions, or suits. Nothing herein shall be construed as a limitation or
waiver of defenses available to City and employees and agents, including without
limitation the Illinois Local Governmental and Governmental Employees Tort Immunity
Act, 745 ILCS 10/1-101 et seq.
At the City Corporation Counsel's option, Northwestern must defend all suits
brought upon all such Losses and must pay all costs and expenses incidental to them,
but the City has the right, at its option, to participate, at its own cost, in the defense of
any suit, without relieving Northwestern of any of its obligations under this Project
Agreement. Any settlement of any claim or suit related to activities conducted under this
Project by Northwestern must be made only with the prior written consent of the City
Corporation Counsel, if the settlement requires any action on the part of the City.
.e
To the greatest extent permissible by law, Northwestern waives any limits to the
amount of its obligations to indemnify, defend, or contribute to any sums due under any
Losses, including any claim by any employee of Northwestern that may be subject to
the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law
or judicial decision, including without limitation, Kotecki v. Cyclops Welding Corporation,
146 111. 2d 155 (1991). The City, however, does not waive any limitations it may have on
its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any
other statute.
Northwestern is responsible for any losses and costs to repair or remedy work
performed under this Project Agreement resulting from or arising out of any act or
omission, neglect, or misconduct in the performance of its Work or its subcontractors'
Work. Acceptance of the work by City will not relieve Northwestern of the responsibility
for subsequent correction of any such error, omissions and/or negligent acts or of its
liability for loss or damage resulting therefrom.
All provisions of this section shall survive completion, expiration, or termination of
this Agreement.
11. Compliance with Laws. Northwestern, at its cost and expense, shall be
responsible for obtaining any and all permits, leases and other governmental approvals,
leases, consents and authorizations which may be required for the use of the Property
and exercise of its rights pursuant to this Project Agreement. Northwestern shall at all
times comply with all applicable legal or governmental statutes, laws, codes, orders,
requirements, regulations, ordinances and rules (collectively, "Laws").
12. Default. It shall be considered a "Default' under this Project Agreement
if Northwestern fails to substantially comply with any provision of this Project Agreement
and does not cure such failure within 30 days after notice, except where the default
cannot reasonably be cured in 30 days, in which case if Northwestern has begun and
continues efforts to remedy the default as soon as practicable, then such additional time
shall be given to remedy the default. In the event of a Default, the City may terminate
this Project Agreement by written notice to Northwestern. Such termination right shall
be in addition to all rights and remedies available to the City at law or in equity.
13. Third Party Beneficiaries; No Effect on Other Rights of the Parties. This
Project Agreement is not intended to and in no way confers any rights upon third
parties. This Project Agreement is not intended to and in no way confers any rights of
access or use by the Parties, or any other third party, to either Party's property except
as specifically described herein.
14. Attorneys' Fees, Jurisdiction for Disputes, and Governing Law. Should a
Party incur costs, charges and expenses, including court costs and attorneys' fees, to
enforce rights or obligations under this Project Agreement, then such costs, charges,
and expenses shall be recoverable from the other party. This Project Agreement shall
be governed by and construed and enforced in accordance with the laws of the State of
Illinois, excluding its choice of law rules. In the event of a dispute hereunder, the
Parties agree to submit to the exclusive jurisdiction of the state courts of, and federal
courts sitting in, Cook County, Illinois.
15. Notices. Any notice, demand, request or other communication which
any Party may desire or may be required to give to any other Party hereunder shall be
given in writing at the addresses set forth below by any of the following means: (a)
personal service; (b) electronic communication, by facsimile together with confirmation
of transmission; (c) overnight courier; or (d) registered or certified United States mail,
postage prepaid, return receipt requested.
If to Northwestern: Northwestern University
Attn: Senior VP for Business & Finance
633 Clark Street
Evanston, Illinois 60208
With a copy to: Northwestern University
Attn: Office of General Counsel
633 Clark Street
Evanston, Illinois 60208
If to City: City of Evanston
Attn: City Manager
2100 Ridge Avenue
Evanston, Illinois 60201
With a copy to: City of Evanston Law Department
Attn: Corporation Counsel
2100 Ridge Avenue
Evanston, IL 60201
16. Entire Agreement. This Project Agreement shall constitute the entire
contract between the Parties and shall supersede any and all prior agreements between
the parties hereto with respect to the granting use of the Property to Northwestern. No
modification, waiver or amendment of this Project Agreement or any provision hereof
shall be valid unless the same is in writing, and signed by both Parties hereto.
17. Counterparts. This Project Agreement may be executed in any one or more
counterparts, each of which shall be deemed an original and all of which when taken
together shall constitute one Project Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Project
Agreement as of the day and year first above written.
NORTHWESTERN:
NORTHWESTERN UNIVERSITY, an
1pinois.c6rooration
h1! \-,/'\
S. Suns6e
(.R foi Business and Finance
Title:
CITY:
CITY OF EVANSTON, a municipal
corporation in the State of Illinois
By:
Name: �/\t fa��U1 C�p��4�w' 2
Title: C+ MtuJ tGi
Approved as to form:
W. Grant Farrar
ftC��orporation Counaul
I`rL�i By: ae(('e- )(kin
W
EXHIBIT A-1
Construction Temporary Easement Area
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Fire Lane Path Area
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EXHIBIT A-3
Temporary Construction Easement
THIS INSTRUMENT HAS
BEEN PREPARED BY AND
SHOULD BE RETURNED
AFTER RECORDING TO:
City of Evanston
Law Department
2100 Ridge Avenue
Chicago, IL 60201
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEME�T (the
"Agreement") is made and entered into this ��� day of f+MV " , 201,2; by and
among the City of Evanston, Cook County, Illinois, an Illinois municipal corporation
("Grantor") and Northwestern University ("Grantee"); the Grantor and Grantee shall be
referred to herein collectively as the "Parties":
WITNESSTH:
1. The Grantor, in consideration of the sum of Fourteen Thousand Five
Hundred Ten and 50/100 Dollars ($14,510.50), the receipt of which is hereby
acknowledged, does hereby give, grant and convey unto the Grantee, its successors
and assigns, a temporary easement for the use of the property of the Grantor, situated
in the City of Evanston, County of Cook, Illinois, and more particularly described on
Exhibit 1" attached hereto (the "Subject Property") and made a part hereof.
2. Together with the right of the Grantee, its successors and assigns, to go
on said temporary easement with necessary labor, equipment, vehicles and material at
any and all times for the purposes of facilitating the construction of a fire lane on
Grantor's property ("Fire Lane Improvements") and in connection with the construction
of the Northwestern Visitor Center and Parking Garage and Sailing Center for doing
anything necessary, useful or convenient for the enjoyment of the easement herein
granted. Grantor hereby grants and conveys to Grantee and Grantee's contractors,
subcontractors, agents, employees and representatives, a non-exclusive temporary
construction easement ("Temporary Construction Easement") to enter in, upon, under
and across that portion of the Subject Property for the construction of the Fire Lane
Improvements. All costs and expenses related to the construction of the Fire Lane
Improvements shall be the sole responsibility of Grantee.
3. The Temporary Construction Easement shall terminate on the date
Grantee completes construction of the Fire Lane Improvements.
4. Notwithstanding the terms stated in the project agreement between the
parties (the "Project Agreement') which governs the demolition and construction of the
Fire Lane Improvements, said Temporary Construction Easement shall include the right
and obligation to grade, fill, topsoil and seed for purposes of stabilizing the soil,
preventing erosion, and restoring the Subject Property to its condition that existed prior
to the Grantee's entry.
TO HAVE AND TO HOLD the above granted Temporary Construction Easement
unto the Grantee, its successors and assigns, during the project providing for the
construction of the subject fire lane.
And the Parties hereby covenant as follows:
1. That the Grantor is lawfully seized of the Subject Property upon which said
Temporary Construction Easement is granted, and has good and marketable title to the
Subject Property, and the Grantor therefore has good and lawful right to convey the
Temporary Construction Easement reference herein.
2. That the said easement is free and clear from encumbrances of record,
which would interfere with the intended use by Grantee.
1 That the Grantee shall quietly enjoy its rights in and to the said easement
without disturbance and interference by the Grantor.
4. That the Grantor herein reserves the right to cross the easement herein
described for ingress and egress to and from the remainder of the Grantor's property.
5. That the Grantor does hereby expressly permit entry by the Grantee for
any purpose hereof upon said easement without furnishing notice of said entry to
Grantor.
6. That, notwithstanding the language of Paragraph 5 above, the Grantee
agrees that it shall cause minimal intrusion to the Grantor in the Grantor's enjoyment of
the use of the remainder of the Subject Property. The Grantor also agrees that if any
disturbance or damage is caused to the Subject Property as a result of the Grantee's
exercise of the rights and privileges afforded to it under this instrument, the Grantee
shall restore the affected area as near as practicable to its original condition.
7. That the Grantor agrees, acknowledges and affirms that the temporary
easement hereunder granted shall be binding upon its successors and assigns.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
dates set forth below their respective signatures, to be effective as of the first written
above.
Approved as to fnrm:
W. Grant Fa,
Corporation Co
By: Ka'\k l- lkt,G s oAu'?
GRANTOR:
CITY OF EVANSTON,
an Illinois municipal corporation
By: VVlltti'c'`'r"�
Name: i x, U (3vo it'�vtc
Its: 61 .Maxu 0/-Z
GRANTEE:
IIVERSITY
—
Finance —
STATE OF ILLINOIS
SS.
COUNTY OF COOK
� `/e,,A t-j-- � QWtci� , a Notary Public in and for said County, in the
State aforesaid, do hereby certify that Wally Bobkiewicz, who is personally known to me
to be the City Manager of the City of Evanston, Illinois, a municipal corporation, and the
same person whose name is subscribed to the foregoing instrument, appeared before
me this day in person and acknowledged that she signed and delivered the said
instrument as such City Manager and as her free and voluntary act and as the act and
deed of the City of Evanston, for the uses and purposes therein set forth. EY-1-
GIVEN under my hand and
LOFFICIAL SEAL.
ELLEN LEBOWICZ
TAr PUBLIC•STATEOFILLINCISY COMMISSION EXPIRES:01126114
My Commission Expires:
STATE OF ILLINOIS
COUNTY OF COOK
Notarial Seal this r7 day of Jams 20V 3
Notary Public
(Type or Print Name)
SS.
AaMfAs a Notary Public in and for said County, in the
State aforesaid, do hereby certify that vW 1 S, SvRwaL, who is personally known
to me to be the S , Uvc'idR rAZ of Nor hwestern University, an Illinois �`it
corporation, and the same person whose name is subscribed to the foregoing
instrument, appeared before me this day in person and acknowledged that he/she
signed and delivered the said instrument as such %%\Ufa and as his/her free and
voluntary act and as the act and deed of such corporation, for the uses and purposes
therein set forth.
GIVEN under my hand and Notarial Seal thij9 day of-.'J�V-(C1711AYL 2012.
My Commission Expires `` 110' j
OFFICIAL SM
MOMAS G. CLINE
NOTARY FiWC STATE OF IWNOIS
W COMMISSION EXPIRES 07.12.2014
Notary Public
(Type or Print Name)
V)AMA N G 0-1-NE
EXHIBIT 1
Legal Description of the Easement Property
A TRACT OF LAND IN THE WEST HALF OF THE NORTHEAST QUARTER OF
SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN VILLAGE (NOW CITY) OF EVANSTON, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTH LINE OF SHERIDAN ROAD, SAID
POINT BEING AT THE INTERSECTION OF THE NORTH LINE OF SHERIDAN ROAD
AND THE NORTHERLY EXTENSION OF THE EAST LINE OF HINMAN AVENUE;
THENCE SOUTHEASTERLY ALONG THE NORTH LINE OF SHERIDAN ROAD ON
AN ASSUMED BEARING OF SOUTH 71 DEGREES 08 MINUTES 25 SECONDS
EAST A DISTANCE OF 300.57 FEET TO A POINT OF BEGINNING; THENCE
CONTINUING SOUTHEASTERLY ALONG THE EXTENSION OF THE LAST
DESCRIBED LINE A DISTANCE OF 390.56 FEET TO A POINT; THENCE
SOUTHWESTERLY ALONG THE ARC OF A CURVE CONVEX TO THE SOUTH,
WITH A RADIUS OF 162.50 FEET, A CHORD BEARING OF SOUTH 80 DEGREES 04
MINUTES 29 SECONDS WEST AND A CHORD LENGTH OF 202.65 FEET, A
DISTANCE OF 218.81 FEET TO A POINT OF TANGENCY; THENCE
NORTHWESTERLY ALONG A LINE HAVING A BEARING OF NORTH 61 DEGREES
21 MINUTES 00 SECONDS WEST A DISTANCE OF 30.17 FEET TO A POINT;
THENCE SOUTHWESTERLY ALONG A LINE HAVING A BEARING OF SOUTH 72
DEGREES 37 MINUTES 19 SECONDS WEST A DISTANCE OF 32.47 FEET TO A
POINT; THENCE SOUTHWESTERLY ALONG A LINE HAVING A BEARING OF.
SOUTH 27 DEGREES 22 MINUTES 42 SECONDS WEST A DISTANCE OF 16.27
FEET TO A POINT; THENCE NORTHWESTERLY ALONG A LINE HAVING A
BEARING OF NORTH 87 DEGREES 16 MINUTES 32 SECONDS WEST A DISTANCE
OF 5.23 FEET TO A POINT; THENCE NORTHEASTERLY ALONG A LINE HAVING A
BEARING OF NORTH 01 DEGREES 21 MINUTES 25 SECONDS EAST A DISTANCE
OF 42.43 FEET TO A POINT; THENCE NORTHWESTERLY ALONG A LINE HAVING
A BEARING OF NORTH 87 DEGREES 18 MINUTES 52 SECONDS WEST A
DISTANCE OF 11.47 FEET TO A POINT; THENCE NORTHWESTERLY ALONG A
LINE HAVING A BEARING OF NORTH 47 DEGREES 23 MINUTES 54 SECONDS
WEST A DISTANCE OF 38.02 FEET TO A POINT; THENCE NORTHWESTERLY
ALONG A LINE HAVING A BEARING OF NORTH 69 DEGREES 27 MINUTES 46
SECONDS WEST A DISTANCE OF 27.80 FEET TO A POINT; THENCE
NORTHEASTERLY ALONG A LINE HAVING A BEARING OF NORTH 52 DEGREES
55 MINUTES 46 SECONDS EAST A DISTANCE OF 11.84 FEET TO A POINT;
THENCE NORTHEASTERLY ALONG A LINE HAVING A BEARING OF NORTH 58
DEGREES 28 MINUTES 08 SECONDS EAST A DISTANCE OF 33.65 FEET TO A
POINT; THENCE NORTHEASTERLY ALONG A LINE HAVING A BEARING OF
NORTH 60 DEGREES 57 MINUTES 31 SECONDS EAST A DISTANCE OF 21.10
FEET TO A POINT; THENCE NORTHWESTERLY ALONG A LINE HAVING A
BEARING OF NORTH 70 DEGREES 43 MINUTES 38 SECONDS WEST A DISTANCE
OF 54.64 FEET TO A POINT; THENCE SOUTHWESTERLY ALONG A LINE HAVING
A BEARING OF SOUTH 65 DEGREES 54 MINUTES 07 SECONDS WEST A
DISTANCE OF 49.12 FEET TO A POINT; THENCE NORTHWESTERLY ALONG A
LINE HAVING A BEARING OF NORTH 71 DEGREES 00 MINUTES 32 SECONDS
WEST A DISTANCE OF 15.00 FEET TO A POINT; THENCE NORTHEASTERLY A
DISTANCE OF 57.45 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY,
ILLINOIS.
Site and Construction Plan
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H }HIHOiNt.,i311Y1 P "'^ate
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EXHIBIT A-5
Landscaping Plan
GENERAL LANDSCAPE NOTES
VISITOR CENTER LANDSCAPE PLAN
NORTHWESTERN UNIVERSITY
PLANT LIST BY AREA
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