HomeMy WebLinkAbout061-R-22 Authorizing the City Manager to Amend the Parking Lease Agreement with 1571 Maple Avenue, LLC at the City Garage Located at 1800 Maple Avenue8/8/2022
61-R-22
A RESOLUTION
Authorizing the City Manager to Amend the Parking Lease Agreement
with 1571 Maple Avenue, LLC at the City Garage Located at 1800
Maple Avenue
WHEREAS, the City of Evanston ("City") owns a parking garage at the
location commonly known as 1800 Maple Avenue in Evanston, Illinois, as well as a
parking lot at the location commonly known as Sherman Plaza Garage at 821 Davis
Street in Evanston, Illinois; and
WHEREAS, the City currently leases fifty-five (55) parking spaces to 1571
Maple Avenue, LLC ("1571 Maple") at 1800 Maple Avenue pursuant to Resolution 48-R-
16 and amended by Resolution 102-R-18; and
WHEREAS, 1571 Maple wished to amend Ordinance 19-0-15, further
amended by Ordinances 61-0-16 and 147-0-18, to reduce the required leased parking
spaces from fifty-five (55) parking spaces to zero (0) required leased parking spaces;
�:J
WHEREAS, on August 8, 2022, the City Council enacted Ordinance 72-0-
22 which granted a major adjustment to relocate the fifty-five (55) parking spaces leased
in the Maple Avenue parking garage to the Sherman Plaza parking garage and charge
1571 Maple for the parking spaces that are utilized rather than for all 55 spaces for the
Planned Development (the "Planned Development") at 1571 Maple Avenue (the "Subject
Property"); and
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61-R-22
WHEREAS, Condition Z within Ordinance 72-0-22 requires the Applicant
to sign an amended lease agreement for fifty-five (55) parking spaces in the Sherman
Plaza parking garage; and
WHEREAS, the City Council of the City of Evanston has determined that the
best interests of the City would be served by allowing 1571 Maple LLC to move its 55
parking spaces from the Maple Avenue parking garage to the Sherman Plaza parking
garage and paying only for those parking spaces that are utilized; and
WHEREAS, pursuantto Section 1-17-4-1 of the Evanston City Code of 2012,
the City Council may authorize leases of parking by resolution,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT:
SECTION 1: The City Manager is hereby authorized and directed to sign,
and the City Clerk hereby authorized and directed to attest on behalf of the City, an
amendment to the lease between the City and 1571 Maple Avenue, LLC for parking in
the Sherman Plaza Parking Garage at 821 Davis Street. A copy of the amendment is
attached herein as Exhibit A.
SECTION 2: The City Manager is hereby authorized and directed to
negotiate any additional terms and conditions of said leases as he may determine to be
in the best interests of the City and in a form acceptable to the Corporation Counsel.
SECTION 3: This Resolution shall be in full force and effect from and
after its adoption.
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61-R-22
Attest:
Stephanie Mendoza, City Clerk
Adopted: August 8 2022
hamd ,Bc:s.s
Daniel Biss, Mayor
Approved to form:
dlll,-
Derke Price, Interim Corporation Counsel
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Doc ID: 968be321655f89c29c8947f80771890c28e75d17
61-R-22
EXHIBIT A
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THIS SECOND AMENDMENT TO PARKING LEASE AGREEMENT ("Lease
Amendment"), is made and entered into as of , 2022, by and between the City
of Evanston, an Illinois municipal corporation ("Landlord"), and 1571 Maple Avenue,
LLC, an Illinois limited liability company ("Tenant").
RECITALS
A. On April 13, 2015, the City Council enacted Ordinance 19-0-15, which
granted a Special Use Permit for a Planned Development at 1571 Maple Avenue (the
"Subject Development").
B. Title 6 "Zoning Code" of the City Code sets forth the minimum parking
spaces that are required based on the type of development. For the Subject
Development, the developer opted to provide the majority of parking off -site and lease
101 parking spaces from the City of Evanston from a nearby public parking garage.
C. On July 27, 2016, the Landlord and Tenant entered into a parking lease
agreement to lease certain parking spaces located in the public parking garage located at
1800 Maple Avenue (the "Parking Lease Agreement"), which is attached hereto as
Exhibit "A" and incorporated herein by reference.
D. The Subject Development is fully constructed and the Final Certificate of
Occupancy was issued on April 20, 2018. The Tenant found that many of its residential
tenants were not seeking to lease a parking space at the time of lease, therefore requested
a reduction in the number of parking spaces mandated by the Planned Development and
the City Council granted the major adjustment to the planned development on November
12, 2018. Ordinance 147-0-18, Major Adjustment to Planned Development, was
adopted reducing the number of parking spaces 101 to 55 and allow parking at Sherman
Garage or Maple Garage.
E. The Tenant again fords that many of its residential tenants are not
seeking to lease a parking space and therefore, requests another adjustment to the
parking. Tenant is requesting a major adjustment to the planned development to allow
for the Tenant to only be charged for the residential tenants that request a parking permit
and moving all spaces to Sherman Garage as it is in closer proximity to the residence.
NOW THEREFORE, in consideration of the premises set forth above, and the
mutual agreements hereinafter set forth below, it is hereby agreed by and between the
parties hereto as follows:
1. INCORPORATION OF RECITALS
The representations set forth in the foregoing recitals are material to this Parking
Lease Amendment and are hereby incorporated into and made a part of this Parking
Lease Amendment as though they were fully set forth in this Article 1.
2. MODIFICATIONS TO THE AGREEMENT
A. Number of Parking Spaces: Pursuant to City Council Ordinance 72-0-22, the
number of leased parking spaces for the Subject Development will remain the
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same at 55, but will be relocated to Sherman Plaza. Self Park. Paragraphs 3 and 6
are fully replaced with the following language:
3. Leased Premises. Landlord is the fee owner of the property legally
described in Exhibit B, attached hereto and incorporated herein, and
commonly known as Sherman Plaza Self Park, Evanston, Illinois 60201
("Property"), which Property is improved with a parking garage ("Public
Garage"). In furtherance of the requirements of the Ordinance, Tenant
desires to lease from Landlord, and Landlord agrees to lease to tenant,
fifty-five (55) covered parking spaces in the Public Garage (such number
of spaces, the "Leased Premises") subject to the terms and conditions of
this Agreement. Landlord and Tenant acknowledge and agree that the
number of covered parking spaces constituting the Leased Premises is
subject to adjustment should Landlord observe high parking demand
within the Public Garage or after the expiration of the Initial Term and any
Renewal Term (each, as hereinafter defined) as set forth in Section 5(e) of
this Agreement."
6. Rent. As required under the Ordinance, during the initial Term and any
Renewal Term, the Tenant agrees to pay the Landlord as rent for the
Leased Premises, an amount equal to the standard monthly rate in effect
from time to time at the Public Garage for a leased automobile space. For
purposes of this Agreement, monthly rent shall equal: the actual monthly
standard automobile parking fee in effect at the Public Garage multiplied
by the number of parking spaces actually utilized, up to 55 parking spaces,
as required by the Ordinance (collectively, "Rent"). Rent shall be prepaid
in monthly installments on or before the first day of each month during the
Initial Term, or any Renewal Term, as the case may be. Rent and other
charges due under this Lease shall be made payable to City of Evanston,
and delivered to City of Evanston, Attn: Collector's Office, 2100 Ridge
Avenue, Evanston, Illinois 60201 or at such other place as Landlord may
from time to time designate in writing. Rent shall begin to accrue upon
lessee being in possession of a Certificate of Occupancy from the lessor
for the Development (such date, the "Rent Commencement Date").
Landlord may, in its sole discretion, increase the standard monthly parking
rate for automobiles at the Public Garage and deliver written notice
thereof to Tenant. Notwithstanding anything to the contrary in this
Agreement, such changes to the Rent made pursuant to this Section 6 shall
not require a written amendment to this Agreement and shall be deemed
effective as of the first day of the month that occurs not less than thirty
(30) days after Tenant's receipt of Landlord's notice as required in this
Section, and commencing with such month, Tenant shall pay to Landlord
the increased standard monthly rate.
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3. MISCELLANEOUS PROVISIONS
a. Except as specifically amended herein, all of the terms, covenants,
representations, warranties, conditions and stipulations contained in the Parking
Lease Agreement are ratified and confirmed in all respects and shall continue to
apply with full force and effect.
b. Capitalized terms used but not defined herein shall have the
meanings ascribed thereto in the Parking Lease Agreement.
C. This Parking Lease Amendment may be executed in several
counterparts, each of which shall be deemed an original but all of which shall
constitute one and the same instrument.
d. A facsimile signature shall be deemed an original signature.
e. This Parking Lease Amendment shall inure to the benefit of and be
binding upon the parties hereto and their respective successors and assigns.
[REMAINDER OF THE PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, this Parking Lease Amendment approved and
executed by the parties as of the date and year first above set forth above.
TENANT:
LANDLORD:
1571 Maple Avenue, LLC, an Illinois limited City of Evanston, an Illinois municipal
liability company corporation
By: 1571 Maple Avenue Associates LLC, By:
A Delaware limited liability company
Print Name:
By: CP Maple Avenue Member, LLC
An Illinois limited liability company Its:
Its: Managing Member
Sign:
Print Name: John McLinden
Its: Manager
rd
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EXHIBIT A
Parking Lease Agreement
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PARKING LEASE AGREEMENT
FOR PARKING IN THE 1800 MAPLE AVENUE GARAGE BETWEEN
THE CITY OF EVANSTON
W-01
1571 MAPLE AVENUE, LLC
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TA B L E0 F CONTENTS
]. Dow and Parties ........................................................................................................................ 3
]. Plmun*d Nvelopment PrqiW ..................... _.............. --- ............................................... ,..3
]L [eased Pmnmisms--...... ----,_................................................................................... --- 3
4, Lease Tenn .-.................................... '......... -'................. --................. ---- —`-..~~~~~~3
S. Annual Vehicle Owncrship Reports ....... ... -............... —....... —^^-~~~~~`^^^^^^^~'~~~~~^3
6. Rent .................................. —___-......................................... ......... ............................ _...... 4
l---_,,,_.,,,~._____......................... ..... _...................... _'_-.................. 5
8. Non~Exclwsixmc Use ................. —....... -_._-- ^......~..........----'5
9, Renewal ........................................................................... ---- ... _............. __................. 5
10\ Accounting of LensW Spaces .................................. ..... ............................................ ............ 5
ll.Books and Records ................................................................ _......................... _................... 6
12. Compliance with Law .......... ............................... ...... ............ ...................................... —.... 6
13LLundlord Rcmmir Responsibility............................. ................................................................. 6
14.Temomt Alterations Probi bil*d---............................................................................ --- .... ... 6
U5�Ut0idm........ '............................................................................... ---- ^'............................. 6
16. Insurance mmbmMaintained 8vIamndlcr--'..................................................................... .... 6
UJ\Coomm _______,'~___________________,,'_____-__,'-_,,7
18. Eminent Donna im--... ............................ ----...... --- ....................................................... 7
19. Assigment, Subletting and................................... ... —_—......... .—~~~~~~9
J0'Signs ..................................................... ._----....... —.......................................... ______.8
21.lodomuificat ion ...... __-_—___,',,_____.___,,,,________......................... ____._8
22.Holdover .......................... ............. ....... ....... --- ' ^~~~~~~~~~--9
23.Tenant Default .......................................................................................................................... 9
24.Lomdhood^s Remedies .......................... ... ...... ---__—_-_... -'..~--~~~~~~~`~'`~`-~9
25.Time inmfthe Essence ............................................................. ____.._________.................... 9
26.Smccemrsand................. .............................. ---`~~~~..—.~~~~~~~~~~..^—`^^'9
27,Qmiet Enjoyment ....................................................................... ............................................ 9
28.Primr ........................................................ ......................... ............ 9
29,Soie of Premises ................ —...... —~'—_~,,,,,,,,,,__,~,_............................................... 9
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PARKING LEASE AGREEMENT
1. Date and: Parties. This Parking Lease Agreement ("Agreement") is made on this
day of JU tq, 2016 (the "Effective Date"), by and between the City of
Evanston, an Illinois rldunicipal corporation ("Landlord"), and 1571 Maple Avenue, LLC, an
Illinois limited liability company ("Tenant").
2. Planned Development Project Tenant is the fee owner of the property commonly
known as 1571 Maple Avenue, Evanston, Illinois, legally described on Exhibit A to Exhibit I
attached hereto and incorporated herein ("Tenant's Property"). Tenant intends to construct a
mixed use building on Tenant's Property ("Project") that includes 101 rental apartment units in
accordance with the terms and conditions of that certain City of Evanston Ordinance 19-0-15, a
copy of which is attached hereto as Exhibit l ("Ordinance"). The Ordinance, among other
things, authorized the issuance of a Special Use Permit for a Planned Development and certain
Site Development Allowances to permit construction of the Project.
3. Leased Premises. Landlord is the fee owner of the property legally described in
Exhibit 2, attached hereto and incorporated herein, and commonly known as 1800 Maple
Avenue, Evanston, Illinois 60201 ("Property"), which Property is improved with a parking
garage ("Public Garage"). In furtherance of the requirements of the Ordinance, Tenant desires to
lease from Landlord, and Landlord agrees to lease to tenant, one hundred one (101) covered
parking spaces in the Public Garage (such number of spaces, the "Leased Premises") subject to
the terms and conditions of this Agreement. Landlord and Tenant acknowledge and agree that
the number of covered parking spaces constituting the Leased Premises is subject to adjustment
after the expiration of the Initial Term and any Renewal Term (each, as hereinafter defined) as
set forth in Section 5(e) of this Agreement.
4. Lease Term. The initial term ("Initial Term") of this Lease shall start on the date of
issuance of the Final Certificate of Occupancy and end at midnight on the last day of the
calendar month that is seven (7) years (eighty-four (84) months) after the Rent Commencement
Date (as defined in Section 6). Subject to the notice requirements of this Agreement, and
provided that at the time of such notice the Tenant is not then in Default (as herein defined)
under the terms of this Agreement, the Tenant is hereby granted the right and privilege (each, a
"Renewal Option") to extend this Agreement one or more successive times, each for a period of
five (5) years (each, a "Renewal Term"). Each Renewal Option shall be exercised, if at all,
pursuant to the terms of Section 9 of this Agreement. If Tenant does not exercise the first
Renewal Option, this Agreement shall end on the last day of the Initial Term, unless terminated
at an earlier date. Tenant and Landlord acknowledge and agree that this Agreement is intended
to remain in effect with the Landlord for the time that the Tenant's Project at 1571 Maple
Avenue, Evanston, Illinois, serves as a residential building, unless Condition Z of the Ordinance
is amended by the City Council of the City of Evanston as an amendment to the Planned
Development or unless otherwise terminated pursuant to one of the express provisions hereof.
5. Annual Vehicle Ownershin Renorts. During the Initial Term and any Renewal
Term, Tenant is obligated to provide certain disclosures related to vehicle ownership at the
Project as set forth below and in Sections 10 and 11 hereof:
i
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(a) For the Initial Term and any additional Renewal Terms, if any, of this Agreement, Tenant
shall require all residents of the Project to disclose whether they own a vehicle. Tenant shall also
conduct periodic reviews of the number of vehicles owned by Project residents to ensure that the
number parking spaces in the Leased Premises can accommodate such number of vehicles.
Tenant shall provide a certified vehicle ownership report to the Landlord annually by January
31" of each calendar year during the Initial Term and any Renewal Term of this Agreement.
(b) Landlord will monitor the Tenant's certified vehicle ownership reports. The costs
incurred by the Landlord to monitor the Tenant's certified vehicle ownership report shall be
included in the Rent.
(c) If at any time during the Initial Term the annual vehicle ownership report indicates that
the residents of the Project own more than one hundred one (101) vehicles, and thus require
more than one hundred one (101) parking spaces in the Public Garage, then Landlord and Tenant
agree to amend this Agreement to increase the number of parking spaces that constitute the
Leased Premises to include the additional necessary parking spaces. Such amendment will be
reviewed by the City Council, and if approved, must constitute an amendment to this Agreement.
(d) Tenant agrees to deny apartment leases to potential residents of 1571 Maple Avenue,
Evanston, Illinois, who own vehicles until such time as the number of vehicles owned by the
residents of the building and required to park in the 1800 Maple Avenue garage falls below one
hundred one (101) needed spaces, or until the surplus parking spaces can be accommodated in a
revised lease agreement with the Landlord as provided in Section 5(c) hereof.
(e) During the Initial Term, if Tenant's certified vehicle ownership report indicates that the
number of vehicles owned by Project residents is less than one hundred one (101) vehicles, then,
effective as of the expiration of the Initial Term, Tenant may request an amendment to this
Agreement to reduce the number of parking spaces that constitute the Leased Premises to the
highest number of spaces evidenced on the annual vehicle ownership reports during the Initial
Term. Such amendment will reviewed by the City Council, and if approved, must constitute an
amendment to this Agreement, effective for the succeeding Renewal Term, and the Rent during
such Renewal Term shall be adjusted based on the number of parking spaces required.
Thereafter, if the annual vehicle ownership reports evidence a further decrease in vehicle
ownership during any Renewal Term, Tenant is permitted to request an amendment to this
Agreement that will be reviewed by the City Council, and if approved must constitute an
amendment to this Agreement, effective as of the commencement of the succeeding Renewal
Tenn and subject to the corresponding reduction in Rent.
6. Rent. As required under the Ordinance, during the Initial Term and any Renewal
Term, the Tenant agrees to pay the Landlord as rent for the Leased Premises, an amount equal to
the standard monthly rate in effect from time to time at the Public Garage for a leased
automobile space. For purposes of this Agreement, monthly rent shall equal: the actual monthly
standard automobile parking fee in effect at the Public Garage multiplied by 101 parking spaces,
as required by the Ordinance (collectively, "Rent"). Rent shall be prepaid in monthly
installments on or before the first day of each month during the Initial Term, or any Renewal
Term, as the case may be. Rent and other charges due under this Lease shall be made payable to
City of Evanston, and delivered to City of Evanston, Attn: Collector's Office, 2100 Ridge
Avenue, Evanston, Illinois 60201 or at such other place as Landlord may from time to time
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designate in writing. Rent shall begin to accrue as of the date that is 180 days after the day
Tenant receives a Certificate of Occupancy from Landlord for the Project (such date, the "Rent
Commencement Date"). Landlord may, in its sole discretion, increase the standard monthly
parking rate for automobiles at the Public Garage and deliver written notice thereof to Tenant.
Notwithstanding anything to the contrary in this Agreement, such changes to the Rent made
pursuant to this Section 6 shall not require a written amendment to this Agreement and shall be
deemed effective as of the first day of the month that occurs not less than thirty (30) days after
Tenant's receipt of Landlord's notice as required in this Section, and commencing with such
month, Tenant shall pay to Landlord the increased standard monthly rate.
7. Transponders. Tenant shall be issued a total number of transponders equivalent
to the total number of parking spaces in the Leased Premises as provided for in this Agreement.
The cost of the transponders shall be at the Tenant's sole expense and shall be provided by the
Landlord. Tenant is solely responsible for maintaining and insuring proper use of all
transponders. Any attempt to manipulate or circumvent any parking procedures or the provisions
of this Agreement may result in immediate revocation of parking privileges. Tenant
acknowledges that the transponder must be used upon entry and exit to the Public Garage.
Absent such use, Tenant may be subject to the daily parking rate for said facility. Tenant
acknowledges that a replacement charge for lost or damages transponders will be imposed by
Landlord at the Tenant's sole expense and a deposit fee will need to be posted for each
transponder.
8. Non -Exclusive Use. Spaces in the Public Garage shall not be reserved for
exclusive use by the Tenant. Tenant shall have non-exclusive use of the number of spaces that
constitute the Leased Premises and for parking purposes only. The Tenant acknowledges and
agrees that only residents of the Project will be permitted to use the Leased Premises under this
Agreement. Landlord will supply permits to Tenant for display in resident vehicles parked in the
Leased Premises. Vehicles parked in the Public Garage without a Landlord issued permit clearly
displayed in the vehicle will be subject to being ticketed and/or towed. Tenant will instruct its
residents that they may park anywhere in the Leased Premises except the roof of the facility.
9. Renewal. The Tenant shall exercise each Renewal Option, if at all, by written
notice delivered to Landlord within sixty (60) days of the expiration of the Initial Term or then
current Renewal Term, as the case may be. All of the terms and provisions of this Agreement
shall apply to each Renewal Term except that the description of the number of spaces in the
Leased Premises and the Rent shall be adjusted accordingly if Tenant has exercised the right to
request such adjustments pursuant to Section 5(e) of this Lease. In the event the Tenant timely
exercises a Renewal Option, the Landlord and the Tenant each agree to execute an amendment to
this Agreement in a form reasonably acceptable to Landlord and Tenant and such amendment
shall be approved by the City Council as an amendment to this Agreement. In the event Tenant
seeks to not renew the Agreement, Tenant must provide written notice of its plan of compliance
with conditions set forth in the Ordinance, notably Condition Z.
10. Accountina of Leased Snaces. If requested by Landlord, Tenant shall deliver to
Landlord the following information, along with a statement signed by an authorized
representative of Tenant certifying:
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(a) The total number of permits or licenses issued to residents of the Project for the Leased
Premises; and
(b) The monthly fees charged by Tenant for use of the Leased Premises.
H . Books and Records. Tenant shall maintain complete and accurate books and
records of account in accordance with generally accepted business and accounting practices with
respect to the use of and licensing and subleasing of the Leased Premises to sublessees (but not
including any revenues derived from such licenses). The books and records of account shall be
retained by Tenant for four (4) years, and, upon request by Landlord, Tenant shall deliver
possession of the books and records, or accurate copies thereof, to Landlord. In addition, upon
expiration or termination of this Agreement, and for four years thereafter, Tenant shall make
available to Landlord for inspection and copying (at no expense to Landlord) the books and
records of four (4) years preceding the expiration or termination of this Agreement. Landlord or
its authorized representatives may conduct at any time upon reasonable prior notice, an audit or
inspection of the books and records of Tenant relating to the licensing or subleasing of the
Leased Premises to sublessees solely for the purpose of determining the degree to which
sublessees used the Leased Premises and whether Tenant has complied with this Agreement and
City of Evanston Ordinance 19-0-15. The obligations of Tenant under this Section shall survive
the expiration or early termination of this Agreement.
12. Comnliance with Law. Tenant shall not use the Leased Premises, or knowingly
permit anything to be done in or about the Leased Premises, that will in any way conflict with
any law, statute, ordinance or governmental rule or regulation now in force or which may
hereafter be enacted or promulgated.
13. Landlord Renair Responsibility. Landlord shall repair and maintain the Leased
Premises, including snow removal, paving, repair of potholes, and curb cuts. Landlord shall not
be liable for any failure to make such repairs or to perform any maintenance if need for such
repair is due to the neglect on the part of the Tenant. Tenant shall provide Landlord with written
notice of any repairs needed and Landlord shall address said repair(s) within a reasonable time to
be agreed between City and Tenant. If during such repairs, Landlord is unable to make the
number of parking spaces required under this Agreement available for use by residents of the
Project for a period of ten (10) consecutive days or more, then Rent shall abate on a per diem
basis and for the number of parking spaces affected accordingly. Such abatement shall be
applied to the next monthly installment of Rent due, or if the last required installment of Rent has
been paid, Landlord shall refund such amount to Tenant within thirty (30) days of the completion
of such repair. The provisions of this Section shall not apply in the case of damage or
destruction by fire or other casualty or a taking under the power of eminent domain which are
governed by Sections 19 and 20, respectively, of this Agreement.
14. Tenant Alterations Prohibited. Tenant shall not, at any time during the Lease
Term, make any alterations, decorations, additions, or improvements to the Leased Premises.
15. Utilities. Landlord shall be responsible for and pay for all utilities supplied to the
Leased Premises.
16. Insurance to be Maintained by Landlord. Throughout the term, Landlord
covenants to maintain insurance with respect to the Public Garage insuring against loss or
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damage by fire and such other hazards for the full insurable replacement cost of such
improvements, less deductibles; and comprehensive public liability, and property damage
insurance in such limits as deemed appropriate.
I7. Casualtv/Restoration. In the event the Public Garage is damaged by fire,
explosion or any other casualty and as a consequence thereof, Landlord is unable to provide the
required number of spaces at the Leased Premises, then Tenant's Rent shall abate based on the
number of unavailable parking spaces, for such time and until such restoration and repair is
completed. Any credit due to Tenant will be applied to the succeeding Rent payment(s) due, or
if no such payment shall become due, then Landlord shall refund such amount to Tenant on or
prior to the date that is thirty (30) days after completion of the restoration. In the event that
Landlord elects not repair, then this Agreement shall terminate as of the date of the casualty and
notwithstanding anything to the contrary in the Ordinance, Tenant shall have no further
obligation to lease parking spaces from Landlord and the Project shall be deemed conforming as
to parking. Notwithstanding, the foregoing, Landlord may elect to nullify such termination by
written notice to tenant delivered within ninety (90) days of the date of termination if Landlord
makes comparable parking accommodations available to Tenant for an equal or lesser number of
spaces within the same or lesser distance from the Project at or below the Rent rates in effect as
of the date of termination. In the event that Landlord timely notifies Tenant of such election,
Landlord and Tenant shall amend this Agreement to reflect the substitute location of the Leased
Premises, number of parking spaces and Rent generally charged for monthly automobile parking
at the substitute location, and such other modifications to terms and conditions that are warranted
on the basis of such substitution and this Agreement shall remain in full force and effect.
18. Eminent Domain.
(a) More than 50% Taken: If 50 percent (50%) or more of the Public Garage is taken for a
public or quasi -public use, this Agreement will terminate as of the date of the physical taking,
and notwithstanding anything to the contrary in the Ordinance, Tenant shall have no further
obligation to lease parking spaces from Landlord and the Project shall be deemed conforming as
to parking. Notwithstanding the foregoing, the landlord may elect to nullify such termination by
providing substitute, comparable parking in accordance with the provisions of Section 19 hereof
(b) Less than 50% Taken: If the taking affects less than 50 percent of the Public Garage and
Landlord continues to provide the required number of parking spaces to Tenant, then Landlord
will, with reasonable diligence, proceed at Landlord's expense to repair or reconstruct the Public
Garage to a tenantable covered parking condition within 90 days after the date of the actual
physical taking.
(c) Abatement of Rent: During any repair, Tenant's Rent shall abate based on the number of
unavailable parking spaces, for such time and until such restoration and repair is completed.
Any credit due to Tenant will be applied to the succeeding Rent payment(s) due, or if no such
payment shall become due, then Landlord shall refund such amount to Tenant on or prior to the
date that is thirty (30) days after the completion of the repair.
(d) Risht to Condemnation Award: Any award made in any condemnation proceeding for the
taking of any part of the Premises will be the sole property of Landlord.
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19. Assignment. Sublettins and Ownershin.
(a) Prohibition against Transfer. Tenant may, without Landlord's consent and
notwithstanding anything to the contrary in this Agreement, sublet all or any portion of the
Leased Premises or assign the Lease to (i) a subsidiary, parent, affiliate, division or corporation
controlled by or under common control with Tenant; or (ii) a successor corporation related to
Tenant by merger, consolidation, reorganization or government action. Additionally, Tenant
may assign this Lease (x) to a successor owner in the event of a sale of Tenant's Property, or (y)
to Tenant's lender as additional security for Tenant's loan, and in either case, Landlord shall
consent to such assignment, the form of which assignment and consent shall be subject to the
reasonable approval of the parties. In the case of an assignment pursuant to clause (y) hereof, if
requested by Tenant's lender to protect and perfect its interest in the Lease and to maintain the
conforming status of the Project, Landlord agrees to: permit the Lease or a memorandum thereof
to be recorded; allow Tenant's lender to obtain and record a Ieasehold mortgage; and if
requested, enter into a lessor's agreement in form and substance reasonably satisfactory to
Tenant's lender and Landlord. No portion of the Leased Premises shall be sublet for any
purpose other than parking. All subleases or assignments must be in compliance with current
provisions of the City of Evanston Code.
(b) Any attempt or purported transfer, assignment, subletting, mortgage, or agreement
(hereinafter collectively referred to as a "Transfer") other than what is stated in this Section 21,
without Landlord's prior written consent shall be void and of no force or effect and shall not
confer any interest or estate in the purported transferee. However, Tenant shall remain liable for
any and all rents and monies due Landlord up to and including the date of such termination and
shall not be relieved of its obligations and responsibilities to pay all amounts due to Landlord.
20. SiM. Tenant may not erect or install any signage, of any nature or design,
without Landlord's prior written consent and without following the submission and approval
process set forth in the City Code.
21. Indemnification. Except as otherwise provided in this Agreement, Tenant shall
protect, indemnify and save Landlord and its officers, agents, attorneys, and employees harmless
from and against any and all obligations, liabilities, costs, damages, claims and expenses of
whatever nature arising from injury to persons or damage to property on the Leased Premises,
arising out of or in connection with Tenant's use or occupancy of the Leased Premises or
Tenant's activities on the Leased Premises, or arising from any negligent or willful act of Tenant.
Tenant shall pay for all of Landlord's costs of suit and attorneys' fees and expenses.
22. Holdover. On the last day of the Initial Term or Renewal Term, as the case may
be, or upon any earlier termination of this Agreement, or upon any re-entry by Landlord upon the
Leased'Premises, Tenant shall quit and surrender the Leased Premises to Landlord and return the
transponders. If Tenant remains in possession after the expiration date or after any earlier
termination date of this Agreement (a) Tenant shall be deemed a tenant at will; (b) Tenant shall
pay hundred percent (100%) of the last prevailing Rent hereunder, (c) there shall be no renewal
or extension of this Agreement by operation of law, and (d) the tenancy at will may be
terminated upon thirty (30) days' notice from Tenant or Landlord.
Page17 of40 Doc ID: 968be321655f89c29c8947f80771890c28e75d17
23. Tenant Default. The occurrence of any one or more of the following events shall
constitute a default and breach of this Agreement by Tenant:
(a) If Tenant fails to pay the monthly Rent or any other charges required to be paid by
Tenant within ten (10) business days of the date such payments are due; or
(b) If Tenant fails to promptly and fully perform any other covenant, condition or agreement
contained in this Agreement and such failure continues for thirty (30) days after written notice
thereof from Landlord to Tenant; provided, however, that if the nature of any such default is such
that the same cannot be cured within thirty (30) days, Tenant shall have such additional period of
time as may be necessary to cure such default provided that it commences to cure said default
within the thirty (30) day period and proceeds diligently thereafter to complete such cure, and
provided further that such default is cured within one hundred and twenty (120) days from the
date of Landlord's notice to Tenant; or
(c) Tenant shall make a general assignment the benefit of creditors, or shall admit in writing
its inability to pay its debts as they become due or shall file a petition in bankruptcy.
24. Landlord's Remedies. In the E
applicable notice and the expiration of any c
Landlord's option, upon giving notice to tenant,
of possession of the Leased Premises.
vent of Tenant's default hereunder, then after
are period, Landlord shall have the right, at
to terminate this Agreement and Tenant's right
25. Time is of the Essence. Time is of the essence of this Agreement and each and
all of its provisions in which performance is a factor, and all provisions herein and all provisions
relating thereto, shall be strictly construed.
26. Successors and Assiens. All of the provisions hereof shall be binding upon and
inure to the benefit of the parties hereto and their respective heirs, legal representatives,
successors and assigns. No third party, other than such heirs, legal representatives, successors
and assigns, shall be entitled to enforce any or all of the provisions of this Agreement or shall
have any rights hereunder whatsoever.
27. Ouiet Eniovment. Upon Tenant paying the Rent reserved hereunder and
observing and performing all of the covenants, conditions and provisions on Tenant's part to be
observed and performed hereunder, Tenant shall have quiet possession of the Leased Premises
for the entire Initial Term and any Renewal Term hereof, subject to all the provisions of this
Agreement.
28. Prior Aereements/Amendments. This Agreement contains all of the agreements
of the parties hereto with respect to any matter covered or mentioned in this Agreement, and no
prior agreements or understanding pertaining to any such matters shall be effective for any
purpose. No provision of this Agreement may be amended or added to except by an agreement
in writing signed by the parties hereto or their respective successors in interest or except as
expressly provided in this Agreement.
29. Sale of Premises. In the event of any sale of the Leased Premises by Landlord,
Landlord shall deliver written notice to tenant thereof not less than thirty (30) days prior to the
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proposed sale. Upon sale of the Leased Premises, Landlord shall be and is hereby entirely freed
and relieved of all liability under any and all of its covenants and obligations contained in or
derived from this Agreement arising out of any act, occurrence or omission occurring after the
consummation of such sale, and without further action of the Landlord or the City Council,
Tenant shall be not relieved of its obligation to provide 101 parking spaces to Tenants' of the
Project as required by the Ordinance. Notwithstanding the foregoing, at Tenant's election by
notice delivered to Landlord, the purchaser of the Leased Premises shall assume and agree to
carry out any and all of the covenants and obligations of the Landlord under this Agreement, as
the same may be modified by Tenant and such purchaser, pursuant to an assignment and
assumption agreement reasonably acceptable to said parties. If Tenant elects to not lease parking
spaces at the Leased Premises following the sale, Tenant must provide the City of Evanston
notice of how it will comply with the Ordinance requirements for parking at an alternative
site(s).
30. Notices. Notices and demands required or permitted to be given hereunder shall
be given by personal delivery or reputable overnight courier (such as Federal Express), or
registered or certified mail to:
Tenant: 1571 Maple Avenue, LLC
c/o CP2 Management LLC
225 W. Hubbard Street, 40' Floor
Chicago, IIlinois 60654
Attn: Legal Department
Landlord: City of Evanston
Attn: City Manager
2100 Ridge Avenue
Evanston, IL 60201
with a copy to: City of Evanston
Attn: Corporation Counsel
2100 Ridge Avenue
Evanston, IL 60201
[SIGNATURES ON FOLLOWING PAGE]
0
Page 19 of 40 ' Doc ID: 968be321655f89c29c8947f80771890c28e75d17
TENANT:
IN WITNESS WHEREOF, Landlord and Tenant have executed this Agreement the day
and year first above written.
LANDLORD:
CITY OF EVANSTON
an Illinois municipal corporation
By:
Its: City Man
Print Name: Wally Bobkiewicz
Approved as to dorm:
W. Grant Farrar
Corporation Counsel
By:
1571 MAPLE AVENUE, LLC
an Illinois Iimited liability company
By: 1571 Maple Avenue Associates LLC,
a Delaware limited liability company
By: CP Maple Avenue Member, LLC,
an Illinois limited liability company,
Its: Managing Me
By:
Print Name: John McLinden
Its: Manager
Page 20 of 40 11 Doc ID: 968be321655f89c29c8947f80771890c28e75d17
EXHIBIT 1
Ordinance 19-0-15
FEW
Page 21 of 40 Doc ID: 968be321655f89c29c8947f80771890c28e75d17
III,IIBnNp
Doc#: 1530313058 Fee: $1401
RHSP Fee:$9.00 RPRF Fee: $1.00
Karen A.Yarhrough
Cook County Recorder of Deeds
Date: 10130/2015 02:03 PM Pg. 1 of 52
AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR A PLANNED
DEVELOPMENT LOCATED AT 1571 MAPLE AVENUE IN THE D3 DOWNTOWN CORE
DEVELOPMENT DISTRUCT IN THE CITY OF EVANSTON.
ADDRESS: 1571 MAPLE AVENUE
PINS: I 1-18-310-004-0000
11-18-310-006-0000
11-18-310-007-0000
11-18-3 l 0-008-0000
11-18-310-019-0000
11- I 8-310-020-0000
Page 22 of 40 Doc ID: 968be321655f89c29c8947f80771890c28e75d17
Certif Cate as Keeper of
Records, Files and Seals
STATE OF ILLINOIS )
A
COUNTY OF COOK )
1, AKASHA S. TERRIER, Deputy City Clerk of the City of Evanston in the County of Cook and
State aforesaid and Keeper of the Records, Files and Seal of said City, do hereby certify that
attached hereto is a true and correct copy of 19-0-15 AN ORDINANCE GRANTING A SPECIAL
USE PERMIT FOR A PLANNED DEVELOPMENT LOCATED AT 1571 MAPLE AVENUE IN
THE D3 DOWNTOWN CORE DEVELOPMENT DISTRICT
all of which appear from the records and files in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and
axed the corporate seal of the City of Evanston this
_20' w day of _OCTOBER , 2015
Akasha S. Terrier, Deputy City Clerk
Page 23 of 40 Doc ID: 968be321655f89c29c8947f80771890c28e75dl7
4/7/2015
3/19/2015
1/27/2015
49-C-15
AN ORDINANCE
Granting a Special Use Permit for a Manned Development
Located at 1571 Maple Avenue in the 03 Downtown Core
Development District
WHEREAS, the City of Evanston is a home -rule municipality pursuant to
Article VIE of the Illinois Constitution of 1970; and
WHEREAS, as a home rule unit of government, the City has the authority
to adopt ordinances and to promulgate rules and regulations that protect the public
health, safety, and welfare of its residents; and
WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970,
states that the "powers and functions of home rule units shall be construed liberally,"
was written "with the intention that home rule units be given the broadest powers
possible" (Scadron v. City of Des Plaines, 153 111.2d 164, 174-75 (1992)); and
WHEREAS, it is a well -established proposition under all applicable case
law that the power to regulate land use through zoning regulations is a legitimate means
of promoting the public health, safety, and welfare; and
WHEREAS, Division 13 of the Illinois Municipal Code (65 II_CS 5/11-13-1,
et seq.) grants each municipality the power to establish zoning regulations; and
WHEREAS, pursuant to its home rule authority and the Illinois Municipal
Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston
City Code of 2012, as amended, ("the Zoning Ordinance"); and
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19-0-15
WHEREAS, 1571 Maple Avenue LLC ("Applicant"), the Applicant for the
proposed development located at 1571 Maple Avenue, Evanston, Illinois (the "Subject
Property'), legally described in Exhlbit A, which is attached hereto and incorporated
herein by reference, applied, pursuant to the provisions of the Zoning Ordinance,
specifically Section 6-3-5, "Special Uses", Section 6-3-6, "Planned Developments", and
Subsection 6-11-1-10, "Planned Developments" In Downtown Zoning Districts, to permit
the construction and operation of a Planned Development with accessory parking
located at the Subject Property in the D3 Downtown Core Development Zoning District
("D3 District"); and
WHEREAS, the Applicant sought approval to construct a new twelve (12)
-story one hundred thirty-three and three tenths (133.3) foot tall mixed -use building
consisting of up to one hundred one (101) residential units, with a floor area ratio of 4.8,
approximately three thousand, six hundred ninety-six (3,696) gross square footage of
commercial space and twelve (12) open on -site parking spaces; and
WHEREAS, construction of the Planned Development, as proposed in the
application, requires exception from the strict application of the Zoning Ordinance with
regards to the number of dwelling units, height, number of parking spaces provided,
floor area ratio, ziggurat street side yard setback from the north property line along
Davis Street, ziggurat front yard setback from the east property line along Elmwood
Avenue, and ziggurat side yard setback from the northwest side property lines; and
-2-
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19-0-15
WHEREAS, pursuant to Subsection 6-3-6-5 of the Zoning Ordinance, the
City Council may grant Site Development Allowances from the normal district
regulations established in the Zoning Ordinance; and
WHEREAS, on November 5, 2014, December 17, 2014, and January 14,
2015, in compliance with the provisions of the Illinois Open Meetings Act (5 IL.CS 12011 of
seq.) and the Zoning Ordinance, the Plan Commission held a public hearing on the
application for a Special Use Permit for a Planned Development, case no. 14P1_ND-
0118, heard extensive testimony and public comment, received other evidence, and
made written minutes, findings, and recommendations; and
WHEREAS, the Plan Commission's written findings state that the
application for the proposed Planned Development meets applicable standards set forth
for Special Uses in Subsection 6-3-5-10 of the Zoning Ordinance and Planned
Developments in the D3 Downtown Core Development District per Subsection 6-11-1-
10 of the Zoning Ordinance; and
WHEREAS, on January 14, 2015, the Plan Commission recommended
the City Council approve the application with conditions; and
WHEREAS, on March 9, 2015, the Planning and Development (" P&D")
Committee of the City Council held a meeting, in compliance with the provisions of the
Open Meetings Act and the Zoning Ordinance, received input from the public, carefully
considered and adopted the findings and recommendations of the Plan Commission, and
recommended approval thereof by the City Council; and
WHEREAS, at its meetings on March 9 and March 23, 2015, held in
compliance with the Open Meetings Act and the Zoning Ordinance, the City Council
-3-
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19-0-15
considered the recommendation of the P&D Committee, received additional public
comment, made certain findings, and adopted said recommendation; and
WHEREAS, it is well -settled law that the legislative judgment of the City
Council must be considered presumptively valid (see Glenview State Bank v. Village of
Deerfield, 213 III.App.3d 74.7) and is not subject to courtroom fact-finding (see National
Paint & Coating Assn v. City of Chicago, 45 F.3d 1124),
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 facts and
incorporated herein by reference.
SECTION 2: Pursuant to the terms and conditions of this ordinance, the
City Council hereby grants the Special Use Permit applied for in case no. 14PLND-
0118, to allow construction and operation of the Planned Development for a twelve (12)
-story one hundred thirty-three and three tenths (133.3) foot tall mixed -use building
consisting of up to one hundred one (101) residential units, with a floor area ratio of 4.8,
approximately three thousand, six hundred ninety-six (3,696) gross square footage of
commercial space and twelve (12) open on -site parking spaces.
SECTION 3: The City Council hereby grants the following Site
Development Allowances:
(A) Number of Dwelling Units: A Site Development Allowance is hereby granted for
one hundred one (101) residential dwelling units, whereas subsection 6-11-4-
4(13) of the Zoning Ordinance allows for a maximum of seventy three (73)
residential dwelling units in the D3 District.
(B) Height: A Site Development Allowance is hereby granted for a building height of
one hundred thirty-three and three tenths (133.3) feet, whereas subsection 6-11-
-4-
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19-0-15
4-8 of the Zoning Ordinance allows for a maximum building height of eighty-five
(85) feet in the D3 District.
(C) Number of Parking Spaces: A Site Development Allowance is hereby granted
for a total of twelve (12) on -site parking spaces, whereas subsection 6-16-3-5 of
the Zoning Ordinance requires a minimum of one hundred forty two (142) parking
spaces for the proposed Planned Development in the D3 District.
(D) Floor Area Ratio ("FAR"): A Site Development Allowance is hereby granted for
an FAR of 4.8, whereas subsection 6-11-4-6 of the Zoning Ordinance requires a
maximum FAR of 4.5 in the D3 District.
(E) Ziggurat Street Side Yard Setback from the North Property Line Along
Davis Street: A Site Development Allowance is hereby granted for a ziggurat
setback of twenty-four (24) feet at a height of thirty seven and three tenths (37.3)
feet, whereas subsection 6-11-1-4 of the Zoning Ordinance requires a ziggurat
setback of forty (40) feet for a structure above forty two (42) feet along Davis
Street.
(F) Ziggurat Front Yard Setback from the East Property Twine Along Elmwood
Avenue: A Site Development Allowance is hereby granted for a ziggurat setback
of four (4) feet at a height of thirty seven and three tenths (37.3) feet, whereas
subsection 6-11-1-10(C)(1)(c) of the Zoning Ordinance requires a ziggurat
setback of thirty (30) feet for a structure above forty two (42) feet from any front
lot line or side lot line abutting a street in the D3 District.
(G) Ziggurat Side Yard Setback from the Northwest Side Property Lines: A Site
Development Allowance is hereby granted for a ziggurat setback of nine and nine
tenths (9,9) feet at a height of thirty seven and three tenths (37.3) feet, whereas
subsection 6-11-1-4 of the Zoning Ordinance requires a ziggurat setback of
twenty-five (25) feet for a structure above forty two (42) feet from an interior side
lot line in the D3 District.
SECTION 4: Pursuant to Subsection 6-3-6-12 of the Zoning Ordinance,
the City Council imposes the following conditions on the Special Use Permit granted
hereby, which may be amended by future ordinance(s), and violation of any of which
shall constitute grounds for penalties or revocation of said Special Use Permit pursuant
to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance:
(A) Compliance with Applicable Requirements: The Applicant shall develop and
operate the Planned Development authorized by the terms of this ordinance in
substantial compliance with the following: the terns of this ordlnance; the Site
-5-
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19-0-15
and Landscape Plans in Exhibit B and C, attached hereto and incorporated
herein by reference; all applicable City Code requirements; the Applicant's
testimony and representations to the Site Plan and Appearance Review
Committee, the Plan Commission, the P&D Committee, and the City Council; and
the approved documents on file in this case-
(B) Construction Management Plan: The Applicant shall sign and agree to a
Construction Management Plan (CMP) with the City of Evanston prior to
issuance of the Building Permit. The CMP shall include but is not limited to the
following: construction staging plan, on -street and on -site construction parking
restrictions, hours of operation, a plan including cross sections showing
pedestrian access around the site with the use of curb ramps, signage and/or
striping, foundation survey of surrounding structures including weekly reporting of
seismographs for the duration of construction, submittal of environmental testing
report prior to construction, visibility diagram for all construction site access
points, proposed schedule for street opening for utility connections with cross
section details, and project updates via monthly newsletter and project website.
(C) On -Site Parking Spaces: The on -site parking spaces must be available to the
public for short term use with a maximum two (2) hour time limit. The public
parking must be available between the hours of 10:00 a.m. and 5:00 p.m. on any
given Monday through Friday. The on -site management company must manage
the parking lot and arrange for any vio:ators not in compliance with the parking
restrictions to be towed.
(D) Maple Avenue Signage: A "Public Parking" Sign must be installed near the
parking entrance at Maple Avenue.
(E) On -Site Electric Charging Station: One on -site electric charging station must
be installed and available to the public and be free of charge.
(F) Mechanical Equipment Located on the Roof: The Applicant agrees to install
-sound-abating fences or enclosures around the mechanical equipment area on
the roof of the Planned Development.
(G) Landscaping on EImwood Avenue: Applicant must install and maintain the
landscaping materials on the east side of Elmwood Avenue along the railroad
embankment directly across from the Subject Property, as depicted in Exhibit C.
(H) Maintenance Plan: Applicant must provide a three (3) year maintenance plan
for the landscaping materials installed on the green roofs prior to issuance of a
building permit by the City of Evanston.
(1) On -Site Car Share Spaces: Two on -site car share spaces must be available
through an arrangement with a common third party commercial car -share
company. Applicant must also fully subsidize one car share membership per unit
for all residential units.
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19-0-15
(J) Bicycle Parking Facilities: The Applicant must install a minimum of sixteen
(16) reverse "U"-shaped bicycle parking facilities near the intersection of Maple
Avenue and Elmwood Avenue for public use.
(K) Sidewalk Streetscape Work: Alf sidewalk streetscape work must be constructed
of concrete with a brick paver band at the curb in accordance with the downtown
streetscape standards.
(L) Glass Exteriors: The Applicant must either demonstrate that the external
materials will be of a bird safe nature or install bird -safe finishes to the glass
exteriors.
(M) Loading Space: One parking space within the on -site parking lot must be
designated a short-term loading space for the Residents.
(H) Landscape Design: The Applicant shall install and maintain all landscaping
materials as depicted in Exhibit C.
(0) Streetscape Improvements: The Applicant shall construct the streetscape
improvements inclusive of new street trees along Elmwood Avenue and Maple
Avenue per proposed development plans and landscape plans in Exhibit B and
Exhibit C.
(P) Affordable Housing Contribution: The Applicant shall pay a one-time
contribution of four hundred thousand dollars ($400,000) to the City's Affordable
Housing Fund. The contribution will be made in two (2) installments. The first
installment shall be made within ten (10) business days of the issuance of the Final
Certificate of Occupancy (FCO) and the second installment shall be made within
one (1) year of the FCO issuance date.
(Q) Affordable Housing in the Development: The Applicant shall provide two (2)
one (1) bedroom on -site affordable housing units (with a goal of one (1) one -
bedroom unit and one (1) two -bedroom unit) to households earning at or below
one hundred percent (100%) of Area Median Income (AMI). The units provided
shall be equal in size to the market -rate units within the building. The period of
affordability for the units shall be for ten (10) years. The Applicant must submit a
compliance report by January 31st of each year to the Housing and Grants
Division of the Community Development Department showing the following: (1)
unit number; (2) number of bedrooms; (3) tenant name; (4) number of persons in
each affordable household unit; (5) annual gross income of each household
occupying each affordable housing unit; (6) date of income certification; and (7)
monthly unit rent. The compliance report must also include the list of any utilities
included in rent
(R) Divvy Sponsorship: The Applicant shall pay a onetime Divvy sponsorship
contribution in the amount of fifty six thousand dollars ($56,000).
V7-
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19-0-15
(S) City of Evanston Employment: The Applicant agrees to employ at least five (5)
Evanston residents, with a goal of ten (10) Evanston residents, during
construction.
(T) Commercial Space: The Applicant agrees to incorporate the commercial space
along Davis Street to enhance the commercial and pedestrian character of the
area per development plans in Exhibit B.
(U) LEED Silver Certification: The Applicant agrees to comply with the City of
Evanston Green Building Ordinance and obtain a LEED Silver Certification
Rating or higher for the Planned Development on the Subject Property.
(V) Pervious Parking Lot: The Applicant agrees to install a pervious parking lot on
the Subject Property.
(W) Green Roof Construction: The Applicant shall construct multiple green roofs
as depicted in the development plans in Exhibit B and landscape plans in Exhibit
C.
(X) Landscaped Seating Areas: The Applicant agrees to install two landscaped
seating areas along Maple Avenue per landscape plans in Exhibit C
(Y) Easement: The Applicant agrees to prepare and record an easement for a six-
foot wide area along the north edge of the on -site parking lot for the use of
commercial properties at the southeast corner of Maple Avenue and Davis Street
to accommodate trash pick-up on Maple Avenue rather than Davis Street. A
copy of the recorded easement document must be submitted prior to issuance of
a building permit by the City of Evanston.
(Z) Parking Lease: The Applicant must agree and sign a long-term parking lease
agreement with the City of Evanston to lease one hundred one (101) parking
spaces based on the standard current monthly parking fee from the Maple
Avenue Parking garage located at 1800 Maple Avenue. The lease agreement
will mandate that the Applicant pay any increases in the rental rate structure
through the term of the lease agreement. The long-term lease agreement shall
initially be set for a minimum period of seven (7) years. For the lifetime of the
project, the Applicant must require all Residents to disclose their vehicle
ownership and conduct periodic reviews to ensure that all vehicles owned by
Residents of the building are accounted for within the Maple Avenue garage. The
Applicant must provide the certified vehicle ownership report to the City of
Evanston annually by January 31st of each calendar year during the first seven
(7) year period from the issuance of the Final Certificate of Occupancy. The City
of Evanston's Department of Administrative Services will monitor the Applicant's
certified vehicle ownership reports and the costs incurred by the City of Evanston
for such oversight shall be paid for by Applicant's parking lease fees. if at any
time during this initial seven (7) year period such annual vehicle ownership report
indicates that the Residents of the building own more than one hundred one
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19-0-15
(101) cars and require more than one hundred one (101) parking spaces, the
Applicant agrees to amend the parking lease agreement with the City and lease
the additional parking spaces necessary. The Applicant also agrees to deny
apartment leases to potential Residents who own vehicles until such time as the
number of vehicles owned by the Residents of the building and required to park
in the Maple Avenue garage by terms of this Ordinance falls below one hundred
one (101) or until the surplus parking spaces can be accommodated in the
revised lease agreement with the City of Evanston.
Following the seven (7) year anniversary of the initial parking lease agreement
date, the parking lease agreement may be amended: The number of parking
spaces leased from the City may be reduced to match the highest number of
vehicles owned by the Residents and required to park in the Maple Avenue
garage by the terms of this Ordinance in any year during the initial seven (7) year
period per the annual parking reports. The number of parking spaces leased by
the City may not be reduced in the first seven (7) years and any reduction after
the seven (7) year anniversary shall be approved by the City Council as an
amendment to the parking lease agreement.
Following the expiration' of the seven (7) year anniversary of the parking lease
agreement, the agreement can be modified every five years thereafter but not
before, to match the highest number of vehicles owned by the. Residents and
required to park in the Maple Avenue garage by the terms of this Ordinance
during any calendar year in the preceding five (5) year term per the annual
parking report. Any amendments to the number of parking spaces leased from
the City of Evanston or any other amendments to the lease agreement, including
term extensions, shall be approved by the City Council as an amendment to the
parking lease agreement.
The Applicant must hold a valid long-term parking lease agreement with the City
of Evanston for the lifetime of the project unless this condition is amended by the
City Council of the City of Evanston as an amendment to the Planned
Development.
(AA) South Elevation of Development: Applicant will exercise reasonable
commercial efforts to work with City staff and the Winthrop Club Condominium
Association to modify the south elevation to maximize privacy for the residents in
condominium units which will face the development and to minimize the impact
on their building located at 1570 Elmwood Avenue.
(BB) Construction Schedule: Pursuant to Subsection 6-11-1-10(A)4 of the Zoning
Ordinance, the Applicant shall obtain a building permit within twelve (12) months
of the passing of this Ordinance. Additionally, the Applicant must complete the
construction of this Planned Development within twenty-four (24) months from
the date the Applicant receives its building permit.
_9—
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19-0-15
(CC) Recordation: Pursuant to Subsection 6-3-6-10 of the Zoning Ordinance, the
Applicant shall, at its cost, record a certified copy of this ordinance, including all
exhibits attached hereto, with the Cook County Recorder of Deeds, and provide
proof of such recordation to the City, before the City may issue any permits
pursuant to the Planned Development authorized by the terms of this ordinance.
SECTION 5: When necessary to effectuate the terms, conditions, and
purposes of this ordinance, "Applicant" shall be read as "Applicant's tenants, agents,
assigns, and successors in interest"
SECTION S. 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: Except as otherwise provided for in this ordinance, all
applicable regulations of the Zoning Ordinance and the entire City Code shall apply to
the Subject Property and remain in full farce and effect with respect to the use and
development of the same. To the extent that the terms and provisions of any of said
documents conflict with the terms herein, this ordinance shall govern and control.
SECTION 8: All ordinances or parts of ordinances that are in conflict with
the terms of this ordinance are hereby repealed.
SECTION 9: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 10: The findings and recitals herein are hereby 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.
-1 0-
Page 33 of 40 Doc ID: 968be321655f89c29c8947f80771890c28e75d17
19-0-15
Introduced: 1 vu\, U.') , 201E Approved:
Adopted: � � k?) .2015 l 12015
Eli eth B. Tisdahl, Mayor
A,tte 7 Approved as to form:
Rodney%Greene�City Clerk �' � W. Grdn arrar, Corporation Counsel`
-11-
Page 34 of 40 Doc ID: 968be321655f89c29c8947f80771890c28e75d17
M*.iWWI Ifw1v110*4111:3glil
Legal Description of Tenant's Property
PARCELI:
THE SOUTH 50 FEET OF THE NORTH 200 FEET OF THE WEST 120 FEET OF BLOCK 63
IN EVANSTON (EXCEPT SO MUCH OF SAID PREMISES, IF ANY, WHICH LIES NORTH
OF THE SOUTH 300 FEET OF SAID BLOCK 63) TOGETHER WITH THE SOUTH 10 FEET
OF THE NORTH 200 FEET OF SAID BLOCK 63, EXCEPT THEREFROM THE WEST 120
FEET THEREOF AND EXCEPT THAT PART THEREOF DEDICATED FOR STREET
PURPOSES; ALSO THAT PART OF SAID BLOCK 63, IF ANY, LYING BETWEEN THE
NORTH 200 FEET AND THE SOUTH 250 FEET 1 1/2 INCHES OF SAID BLOCK 63
MEASURED ALONG THE WEST LINE OF SAID BLOCK AND LYING WEST OF THE
WESTERLY LINE OF ELMWOOD AVENUE ALL IN EVANSTON, A SUBDIVISION OF
THE EAST 1/2 OF THE SOUTH EAST 1/4 OF SECTION 13, TOWNSHIP 41 NORTH,
RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF SECTION 18,
TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS.
PARCEL 2:
THE NORTH 150 FEET OF THAT PART OF BLOCK 63 IN EVANSTON WHICH LIES
WEST OF THE RIGHT OF WAY OF THE CHICAGO AND MILWAUKEE RAILROAD
(KNOWN AS THE CHICAGO AND NORTHWESTERN RAILROAD) (EXCEPT
THEREFROM THE WEST 83 1/2 FEET AND EXCEPT THAT PART THEREOF
DEDICATED FOR STREET PURPOSES) SAID BLOCK 63 BEING SITUATED IN THE
SOUTHWEST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PARCEL 3:
THE SOUTH 40 FEET OF THE NORTH 190 FEET OF THAT PART OF BLOCK 63 IN
EVANSTON WHICH LIES WEST OF THE RIGHT OF WAY OF THE CHICAGO AND
NORTHWESTERN RAILROAD COMPANY (EXCEPT THEREFROM THE WEST 120
FEET THEREOF AND EXCEPT THAT PART THEREOF DEDICATED FOR STRT
PURPOSES) SAID BLOCK 63 SITUATED IN THE SOUTHWEST 1/4 OF SECTION 18,
TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS.
PARCEL 4:
THE WEST 83 1/2 FEET OF THE SOUTH 20 FEET OF THE NORTH 150 FEET OF BLOCK
63 IN THE VILLAGE OF EVANSTON, BEING A SUBDIVISION OF PARTS OF SECTION
13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN,
AND IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
A-]
Page 35 of 40 Doc ID: 968be321655f89c29c8947f80771890c28e75d17
PARCEL 5:
THE EAST 20 FEET 10 INCHES OF THE WEST 83 FEET AND 5 112 INCHES OF THE
NORTH 130 FEET OF BLOCK 63 IN VILLAGE OF EVANSTON IN SECTION 18,
TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS
PINS:
11-18-310-004-0000
11-18-310-006-0000
11-18-310-007-0000
11-18-310-008-0000
11-18-310-019-0000
11-18-310-020-0000
ADDRESS: 1571 MAPLE AVENUE, EVANSTON, ILLINOIS 60202
A-1
Page 36 of 40 Doc ID: 968be321655f89c29c8947f80771890c28e75d17
EXHIBIT 2
LEGAL DESCRIPTION OF LANDLORD'S PROPERTY
PARCEL 4 -- PARKING
LOT 4 OF THE CHURCH MAPLE RESUBDIVISION BEING A RESUBDIVISION
OF PART OF DEMPSTER'S SUBDIVISION OF BLOCK 66 OF THE VILLAGE OF
EVANSTON, COOK COUNTY, ILLINOIS; PART OF THE CHICAGO AND
NORTHWESTERN RAILROAD RIGHT OF WAY (FORMERLY CHICAGO,
MILWAUKEE AND ST. PAUL RAILROAD RIGHT OF WAY); PART OF BLOCK 18
IN THE VILLAGE OF EVANSTON; ALL OF BLOCKS 2 AND 3 IN CIRCUIT
COURT SUBDIVISION IN PARTITION OF LOT 22 IN THE COUNTY CLERK'S
DIVISION OF UNSUBDIVIDED LANDS; AND PART OF VACATED CLARK
STREET AND EAST RAILROAD AVENUE; BEING IN THE NORTHWEST
QUARTER AND THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 41
NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS.
PINS: 11-18-117-004-0000
ADDRESS: 1800 MAPLE AVENUE, EVANSTON, ILLINOIS 60202
Im
Page 37 of 40 Doc ID: 968be321655f89c29c8947f80771890c28e75d17
EXHIBIT B
LEGAL DESCRIPTION
Page 38 of 40 Doc ID: 968be321655f89c29c8947f80771890c28e75d17
Exhibit B
Legal Description
PARCEL 1: THE SOUTH 50 FEET OF THE NORTH 200 FEET OF THE WEST 120
FEET OF BLOCK 63 IN EVANSTON (EXCEPT SO MUCH OF SAID PREMISES, IF ANY,
WHICH LIES NORTH OF THE SOUTH 300 FEET OF SAID BLOCK 63) TOGETHER
WITH THE SOUTH 10 FEET OF THE NORTH 200 FEET OF SAID BLOCK 63 (EXCEPT
THEREFROM THE WEST 120 FEET THEREOF AND EXCEPT THAT PART THEREOF
DEDICATED FOR STREET PURPOSES); ALSO THAT PART OF SAID BLOCK 63, IF
ANY, LYING BETWEEN THE NORTH 200 FEET AND THE SOUTH 250 FEET 1 '/2
INCHES OF SAID BLOCK 63 MEASURED ALONG THE WEST LINE OF SAID BLOCK
AND LYING WEST OF THE WESTERLY LINE OF ELMWOOD AVENUE ALL IN
EVANSTON, A SUBDIVISION OF THE EAST HALF OF THE SOUTHEAST QUARTER
OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD
PRINCIPAL MERIDIAN, AND PART OF SECTION 18, TOWNSHIP 41 NORTH, RANGE
14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PARCEL 2: THE NORTH 150 FEET OF THAT PART OF BLOCK 63 IN EVANSTON
WHICH LIES WEST OF THE RIGHT OF WAY OF THE CHICAGO AND MILWAUKEE
RAILROAD (KNOWN AS THE CHICAGO AND NORTHWESTERN RAILROAD)
(EXCEPT THEREFROM THE WEST 83'/2 FEET AND EXCEPT THAT PART THEREOF
DEDICATED FOR STREET PURPOSES) SAID BLOCK 63 BEING SITUATED IN THE
SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST
OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS
PARCEL 3: THE SOUTH 40 FEET OF THE NORTH 190 FEET OF THAT PART OF
BLOCK 63 IN EVANSTON WHICH LIES WEST OF THE RIGHT OF WAY OF THE
CHICAGO AND NORTHWESTERN RAILROAD COMPANY (EXCEPT THEREFROM
THE WEST 120 FEET THEREOF AND EXCEPT THAT PART THEREOF DEDICATED
FOR STREET PURPOSES) SAID BLOCK 63 BEING SITUATED IN THE SOUTHWEST
QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PARCEL 4: THE WEST 83 '/2 FEET OF THE SOUTH 20 FEET OF THE NORTH 150
FEET OF BLOCK 63 IN THE VILLAGE OF EVANSTON, BEING A SUBDIVISION OF
PARTS OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD
PRINCIPAL MERIDIAN, AND IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14,
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PARCEL 5: THE EAST 20 FEET 10 INCHES OF THE WEST 83 FEET 5 1/2 INCHES OF
THE NORTH 130 FEET OF BLOCK 63 IN THE VILLAGE OF EVANSTON IN SECTION
18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN COOK COUNTY, ILLINOIS.
Page 39 of 40 Doc ID: 968be321655f89c29c8947f80771890c28e75d17
PINs: 11-18-310-004-0000
11-18-310-006-0000
11-18-310-007-0000
11-18-310-008-0000
11-18-310-019-0000
11-18-310-020-0000
COMMONLY KNOWN As: 1571 Maple Avenue, Evanston, IL 60201
Page 40 of 40 Doc ID: 968be321655f89c29c8947f80771890c28e75d17