Ordinance 28-O-23 Authorizing the City Manager ... - City of Evanston

Memorandum
To: Honorable Mayor and Members of the City Council
CC: Members of Administration and Public Works Committee
From: Paul Zalmezak, Economic Development Manager
CC: Sarah Flax, Community Development Director
Subject: Ordinance 29-O-25 Authorizing the City Manager to Execute a Sale
Contract for City-Owned Real Property located at 1222 Washington
Street to Evanston Township High School District No. 202
Date: April 14, 2025
Recommended Action:
Staff recommends adoption of Ordinance 29-O-25 authorizing the City Manager to execute
the sale of City-owned real property at 1222 Washington Street to Evanston Township High
School (“ETHS”) in conformance with the terms of the Intergovernmental Agreement (“IGA”)
between the City of Evanston and Evanston Township High School for the Geometry in
Construction (GIC) class. To accommodate the publishing deadlines and to keep the
construction timeline on schedule, Councilmember Geracaris recommends introduction and
action.
CARP:
Implementation, Accountability, & Partnerships
Council Action:
For Introduction and Action
Summary:
Ordinance 29-O-25 authorizes the City Manager to execute the sale of 1222 Washington
Street to ETHS. The property will be a site for a single house constructed by ETHS. The
approval of the sale of city real property requires a two-thirds majority of the Councilmembers
per Section 1-17-5 of the City Code.
ETHS students and staff are constructing a single-family home in the Geometry in
Construction program during the 2024-2025 school year that will be moved to the property in
the summer of 2025, where interior construction will be completed by licensed contractors.
Community Partners for Affordable Housing (“CPAH”) will enter the property into its land trust
in order to maintain permanent affordability and then sell the home to an income-eligible

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household per the IGA. Income-eligible employees of Evanston Township High School and
the City of Evanston may be prioritized for the purchase of the property.
Legislative History:
On March 31, 2025, the City Council introduced ordinance 27-O-25, granting the city
manager authority to negotiate the sale of the property. This evening, the City Council is
considering final approval of 27-O-25.
Executing the sale of the property (Ordinance 29-O-25) in the same council session is
appropriate in this case because sales terms are predetermined based on an existing
Intergovernmental Agreement (attached) with District 202.
Attachments:
29-O-25 Authorizing Sale of 1222 Washington
ETHS Affordable Housing Program Agreement (Final Version)
29-O-25 Purchase Agreement 1222 Washington
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04/14/2025
29-O-25
AN ORDINANCE
Authorizing the City Manager to Sell City-Owned Property at
1222 Washington Street
WHEREAS, the City of Evanston owns real property located at 1222
Washington Street, Evanston, Illinois 60202, and legally described in Exhibit A, attached
hereto and incorporated herein by reference (the “Subject Property”); and
WHEREAS, pursuant to Ordinance 27-O-25, the City Council, by a vote of
at least two-thirds (⅔) of the elected Councilmembers then holding office, did direct the
City Manager to negotiate the sale of the Subject Property on behalf of the City; and
WHEREAS, pursuant to Ordinance 27-O-25, the City Manager has
negotiated the sale of the Subject Property; and
WHEREAS, the City Manager recommends that the City Council hereby
approve the sale of the Subject Property, with the City of Evanston as Seller and
Evanston Township High School (“ETHS”), as Buyer; and
WHEREAS, as required by Section 1-17-4-2(B) of the Evanston City
Code, as amended (the “City Code”), a Notice of Intent to Sell Certain Real Estate, was
published in the Evanston Review, a newspaper in general circulation in the City of
Evanston, on March 27, 2025, neither less than fifteen (15) nor more than thirty (30)
days before the date on which the City Council considered adoption of this ordinance
authorizing the sale of the Subject Property; and
WHEREAS, the Evanston City Council finds that it is in the best interests
of the City to sell the Subject Property.
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29-O-25
~2~
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are hereby found as fact and incorporated
herein by reference.
SECTION 2: The City Council of the City of Evanston hereby approves the
negotiated sale of the Subject Property with the City as Seller and ETHS as Buyer.
SECTION 3: The City Manager is hereby authorized and directed to sign, and
the City Clerk is hereby authorized and directed to attest, the Agreement, pursuant to
the terms of which the Subject Property shall be conveyed. The City Manager is further
authorized to negotiate any changes or additional terms and conditions with respect to
the sale of the aforesaid Subject Property as the City Manager may deem fit and proper.
SECTION 4: The City Manager and the City Clerk, respectively, are hereby
authorized and directed to execute, attest, and deliver such other documents,
agreements, and certificates as may be necessary to effectuate the sale herein
authorized.
SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 6: This ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
SECTION 7: If any provision of this ordinance or application thereof to any
person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall
not affect other provisions or applications hereof that can be given effect without the
invalid provision or application, and each invalid application hereof is severable.
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29-O-25
~3~
SECTION 8: The findings and recitals contained herein are declared to be prima
facie evidence of the law of the City and shall be received in evidence as provided by
the Illinois Compiled Statutes and the courts of the State of Illinois.
Ayes: ______________
Nays: ______________
Introduced:_________________, 2025
Adopted:___________________, 2025
Approved:
__________________________, 2025
_______________________________
Daniel Biss, Mayor
Attest:
_____________________________
Stephanie Mendoza, City Clerk
Approved as to form:
_______________________________
Alexandra Ruggie,
Corporation Counsel
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29-O-25
~4~
EXHIBIT A
LEGAL DESCRIPTION
LOT 2 IN TULLIO SUBDIVISION OF LOTS 16 AND 17 EXCEPT THE EAST 50 FEET
IN BLOCK 2 IN HUNTOON’S ADDITION TO EVANSTON, A SUBDIVISION OF THAT
PART OF THE SOUTH 25 RODS OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF
THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST
OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
P.I.N.: 11-19-304-048-0000
Commonly Known As: 1222 Washington Street, Evanston IL 60202
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Execution Version
2502968.2
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF EVANSTON
AND EVANSTON TOWNSHIP HIGH SCHOOL DISTRICT NO. 202 REGARDING THE
AFFORDABLE HOUSING PROGRAM
This INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made by and
between the City of Evanston, an Illinois municipal corporation and home rule unit as described
in the Illinois Constitution (the “City”), and the Board of Education of Evanston Township High
School District No. 202, Cook County, Illinois (“ETHS”).
Section 1. Background.
A. The City identifies and acquires real property located in the City by purchase or
other means to support the City’s affordable housing goals. Often these properties are vacant or
the existing structures require demolition.
B. ETHS offers its students a class known as ‘Geometry in Construction’ which
seeks to explore alternative channels and methods for educating students outside of a traditional
classroom setting on various subject matters such as design, mathematics, technical, and
construction related subjects.
C. The Geometry in Construction class constructs a residence by the end of each
school year, which is moved to a residential lot and inhabited.
D. Since 2013, the City and ETHS have collaborated with an affordable housing
developer, Community Partners for Affordable Housing (“CPAH”) to locate the Geometry in
Construction homes on lots owned by the City or ETHS and in turn make the property available
for purchase by a qualified applicant for affordable housing.
E. The City and ETHS have determined that the cooperation of the parties to date
regarding the affordable housing program benefits both public bodies and the community. It is in
their collective best interest to enter into this Agreement to memorialize the expectations and
commitments of the parties and to maintain the viability of this educational and affordable
housing program.
Section 2. General Commitments.
A. Term. This Agreement shall be in effect from the effective date, as set forth in
Section 5.I to until June 30, 2023, and shall automatically renew for subsequent five-year terms;
provided that the Agreement will not renew if a party provides written notice by December 31 of
the year prior to renewal of the terminating party’s intention to not renew the Agreement.
Further, either party may terminate this Agreement at any time without cause by providing the
non-terminating party with six months written notice of the terminating party’s decision to
terminate the Agreement. If such notice, however, is delivered after ETHS has commenced
construction on a Project Home, as defined in Section 3.A, the Agreement shall not terminate
until the Project Home is installed on the Subject Property, as defined in Section 3.A.
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2
2502968.2
B. Administration of Agreement. The City Manager, or the City Manager’s designee,
shall administer this Agreement on behalf of the City. The ETHS Superintendent, or
Superintendent’s designee, shall administer this Agreement on behalf of ETHS.
C. Meetings. The City Manager and the ETHS Superintendent, or their designees,
shall meet at least two times per year to discuss and review the affordable housing program,
including the City’s acquisition efforts and the status of construction.
D. Notification of Available Property. By March 1 of each year of this Agreement, or
by such later date if agreed to in writing by the parties, the City will use best efforts to identify a
residential property for the next Project Home site to enable the School District to construct a
residence for such property in the immediately following school year. If the Parties decide that a
property is not available by March 1, ETHS shall have no obligation to build a residence during
the immediately following school year. ETHS will confirm, in its sole discretion, with the City
prior to acquisition of the property whether the property is an appropriate site for the residence to
be constructed in the upcoming school year. The City shall grant ETHS access to the property to
conduct due diligence activities, including environmental assessments, that ETHS deems
necessary. ETHS must notify the City and pay for any due diligence, including environmental
assessment, that it seeks to be performed prior to the City’s acquisition of the site.
Section 3. ETHS Role and Responsibilities.
A. ETHS to Construct Project Home. After the City acquires a property (the “Subject
Property”), students and staff members shall construct a residence that is approximately 1,000 –
1,500 square feet in size (the “Project Home”). All aspects of the construction will be
coordinated and supervised by ETHS, including the building foundation, and installation of all
improvements and fixtures in compliance with all applicable codes and regulations. ETHS shall
coordinate and perform all aspects of the construction in an efficient, competent, and safe
manner in compliance with all federal, state, and local laws and regulations. The Project Home’s
primary structure will be constructed on ETHS property (1600 Dodge Avenue, Evanston,
Illinois).
B. Relocation of Project Home and Duration of Construction. After the Project
Home has been constructed, ETHS will arrange to move the Project Home to an appropriate
foundation located on the Subject Property. The foundation, mechanical systems, including
electrical, plumbing and HVAC, as well as interior and exterior finishing will be completed by
subcontractors hired by ETHS. Subject to Force Majeure, ETHS shall use due diligence and
commercially reasonable efforts to ensure completion and receipt of a Temporary Certificate of
Occupancy within 18 months after commencing construction.
C. Permits. ETHS shall be responsible for obtaining all building and occupancy
permits for the Project Home to enable it to be occupied on the Subject Property.
D. ETHS Costs. All costs for the construction of the Project Home and its placement
on the Subject Property will be borne by ETHS, including but not limited to construction
materials, labor costs, and removal expenses from ETHS Property to the Subject Property and
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3
2502968.2
including landscaping and site improvements on the Subject Property; provided that the City
shall waive all building permit fees, right of way fees, but will not waive water/sewer connection
fees or other City fees related to the construction and transfer of the Project Home to a third-
party.
Section 4. City Role and Responsibilities.
A. Acquisition of Property. Prior to March 1 of each year of this Agreement, the
City, without financial contribution from ETHS, will obtain vacant property of sufficient size
and zoned appropriately to allow for the location of a residence. The structure constructed may
be a single-family home or a duplex.
B. City Inspection. City staff members will inspect the Project Home during
construction and the finished Project Home prior to its removal from the ETHS property to
ensure compliance with all applicable codes and regulations.
C. Affordability Control. The City shall work with an affordable housing
organization to ensure that the Subject Property is affordable in perpetuity by placing the
property in a land trust or through deed restrictions. Such affordable housing organization shall
ensure that the Subject Property is sold to a buyer whose household income does not exceed
120% of the area median income at the time of purchase and who will own the property as their
primary residence. Area Median Income means the maximum income limit set by the Chicago-
Joliet-Naperville, Illinois HUD Metro FMR Area, which is based on household size as
determined annually by the United States Department of Housing and Urban Development. First
preference will be given to buyers that are employees of ETHS or the City of Evanston; second
preference will be given to eligible households on the centralized wait list for affordable housing
in Evanston managed by CPAH. When the property is re-sold, priority will be given to eligible
households on the centralized waitlist whose incomes shall not exceed 120% of the area median
income at the time of purchase and the purchase price shall be affordable to a household at that
income level.
Section 5. Miscellaneous.
A. Notices. Any notice, request, demand, or other communication provided for by
this Agreement must be in writing and will be deemed to have been duly received upon (a) actual
receipt if personally delivered and the sender received written confirmation of personal delivery,
(b) receipt as indicated by the written or electronic verification of delivery when delivered by
overnight courier, or (c) three calendar days after the sender deposits the notice with the U.S.
Post Office when sent by certified or registered mail, return receipt requested. Notice must be
sent to the addresses set forth below, or to such other address as either party may specify in
writing.
If to City:
Wally Bobkiewicz
City Manager
Sarah Flax
Housing & Grants
Michelle Masoncup
I City Attorney
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4
2502968.2
City of Evanston
2100 Ridge Avenue
Evanston, IL 60201
City of Evanston
2100 Ridge Avenue
Evanston, IL 60201
City of Evanston
2100 Ridge Avenue
Evanston, IL 60201
If to ETHS:
Dr. Eric Witherspoon
Superintendent
1600 Dodge Avenue
Evanston, IL 60201
Mary Rodino
Chief Financial Officer
1600 Dodge Avenue
Evanston, IL 60201
Brian Crowley
Franczek Radelet
300 South Wacker, Ste. 3400
Chicago, IL 60606
B. Binding Agreement. This Agreement shall be binding on and shall inure to the
benefit of the Parties, their respective successors, and assigns.
C. Amendments and Modifications. No amendment or modification to this
Agreement shall be effective until it is reduced to writing and approved and executed by the
Parties to this Agreement.
D. Governing Laws. This Agreement shall be governed by, construed, and
enforced in accordance with the laws of the State of Illinois without regard to conflict of law
principles. Jurisdiction and venue for all disputes hereunder shall be the Circuit Court located in
Cook County, Illinois, or the federal district court for the Northern District of Illinois.
E. Authority to Execute. The Parties warrant and represent that the persons executing
this Agreement on their behalf have been properly authorized to do so.
F. No Third-Party Beneficiaries. No claim as a third-party beneficiary under this
Agreement by any person, firm, or corporation shall be made, or be valid, against the Parties.
G. Entire Agreement. It is understood and agreed that all understandings and
agreements between the Parties are merged in this Agreement and no Party is relying upon any
statement or representation not embodied in this Agreement. Each Party expressly acknowledges
that, except as expressly provided in this Agreement, the other Parties and the agents and
representatives of the other Parties have not made, and the other Parties are not liable for or
bound in any manner by, any express or implied warranties, guaranties, promises, statements,
inducements, representations, or information pertaining to the transaction contemplated hereby.
H. Assignment. This Agreement cannot be assigned by any Party without the written
consent of the other Parties and should any assignment be made by one Party without the written
consent of the other Parties, such assignment will be null and void.
L. Counterpart Signatures. For the convenience of the Parties, this Agreement may
be executed in similar counterparts, each counterpart shall be deemed an original instrument, and
such counterparts taken together shall constitute one and the same.
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2502968.2
I. Effective Date. The Agreement shall be deemed dated and become effective on
the date the last of the Parties signs as set forth below the signature of their duly authorized
representatives.
(Signature page follows)
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6
2502968.2
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as set forth below.
CITY OF EVANSTON
By: ________________________________
City Manager
Date:
BOARD OF EDUCATION OF
EVANSTON TOWNSHIP HIGH SCHOOL
DISTRICT NO. 202
By: ________________________________
Superintendent
Date:
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PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (“Agreement”) is made as of the date the
last party signs this Agreement (the “Effective Date”), and is by and between the City of
Evanston, an Illinois home rule unit of government located in Cook County, Illinois (“Seller”),
and Board of Education of Evanston Township High School District No. 202, Cook County,
Illinois (“Purchaser”).
WITNESSETH:
WHEREAS, Seller is the owner of that certain property commonly known as 1222
Washington Street, Evanston, Illinois and more particularly described on Exhibit 1 attached
hereto and made a part hereof (the “Property”); and
WHEREAS, the Seller desires to convey the Property to Purchaser,
NOW, THEREFORE, for and in consideration of the promises and of the mutual
covenants and agreements hereinafter set forth, the parties agree to the terms of this Agreement,
which reads in its entirety as follows:
1. Agreement to Purchase. Purchaser agrees to purchase and Seller agrees to sell and
convey or cause to be conveyed to Purchaser, or its designee, by Special Warranty Deed (the
“Deed”), good and merchantable title to the Property at the price and subject to the terms,
conditions and provisions set forth in this Agreement. The Deed shall be substantially in the
form attached hereto as Exhibit 2.
2. Purchase Price. Purchaser agrees to pay and Seller agrees to accept as the purchase price
the sum of $1.00 (“Purchase Price”) payable at closing.
3. Survey. Seller will not be providing a survey and the Purchaser may obtain one at its
own cost and expense.
4. Taxes.
(a) Taxes for Years Prior to Closing. Seller will pay in full all general real property
taxes that are levied with respect to the Property for tax years prior to the year of closing.
(b) Taxes for Current Year of Closing. All general real property taxes that are levied
and unpaid as of the date of Closing with respect to the Property for the year of Closing
will be prorated at the rate of 105% between Purchaser and Seller as of the business day
immediately prior to the Closing. If the precise amount of taxes levied for the year of
Closing cannot be determined, then the proration shall be computed based on the lesser of
(i) the taxes on the Property levied for the immediately preceding tax year; or (ii) an
amount equal to the taxable valuation, if available, of the Property in the year of Closing
multiplied by the prior tax year’s total tax rate.
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5. Title Policy.
(a) At Purchaser’s expense, Purchaser shall obtain a title commitment (the
“Commitment”) with respect to the Property. The Commitment shall establish that the
Property is clear of all liens and encumbrances whatsoever, except for general real estate
taxes not due and payable, covenants, conditions, restrictions and other matters of record.
If the Commitment discloses unpermitted exceptions, Seller may elect, within 30 days
after the date of delivery thereof, to have such exceptions removed from the Commitment
or to have the title insurance company commit to insure against loss or damage that may
be occasioned by such exceptions. If at the end of said 30-day period Seller fails to have
the unpermitted exceptions removed or insured against, Purchaser may elect, upon notice
to Seller within ten days after expiration of the 30-day period, to accept title as it then is.
If Purchaser does not elect to accept title as it then is, Purchaser shall have the right to
terminate this Agreement and will have no obligation to acquire the Property.
(b) Purchaser shall, at Purchaser’s expense, obtain a title insurance policy by Chicago
Title Insurance Company through its agent, Greater Illinois Title Company, or another
title company acceptable to Purchaser (“Title Insurer”), dated as of the date Closing
(defined in Section 7(a) of this Agreement) in a nominal amount with extended coverage
over the general exceptions, free and clear of all liens and encumbrances whatsoever,
except for general real estate taxes not due and payable, covenants, conditions,
restrictions and other matters of record shown on the title commitment and those
additional matters approved by Purchaser (the “Permitted Exceptions”).
(c) The title commitment shall be conclusive evidence of good and merchantable title
as to all matters insured by the policy, subject only to the exceptions contained in the title
commitment. Seller shall also furnish Purchaser an affidavit of title in customary form
covering the date of Closing and showing title in Seller subject only to the Permitted
Exceptions.
6. Representations.
(a) Seller’s Representations. As an inducement to Purchaser to enter into this
Agreement Seller hereby represents to Purchaser and agrees as follows:
(i) Seller has the right, power and authority to sell the Property, subject to the
terms and conditions provided for in this Agreement, and to execute, deliver and
perform its obligations under this Agreement and all other instruments,
conveyances and documents to be executed and delivered regarding the sale of the
Property. This Agreement and all other documents executed and delivered, or to
be executed and delivered by Seller regarding this Agreement have been, or at the
appropriate time will be, duly executed and delivered and constitute or, upon such
execution and delivery will constitute, the legal, valid and binding obligations of
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Seller, enforceable in accordance with the respective terms and provisions. No
consent or approval of any person, firm, corporation or governmental authority is
required to be obtained by Seller to enter into this Agreement.
(ii) To the best of Seller’s knowledge, there exists no action, suit, litigation or
proceeding affecting the Property to which Seller is a party, and to the knowledge
of Seller, there is no such action, suit, litigation or proceeding threatened.
(iii) Seller is not a “foreign person” as defined in Section 1445 of the Internal
Revenue Code and is therefore exempt from the withholding requirements of said
Section. Seller shall furnish Purchaser at Closing the exemption certification set
forth in said Section.
(b) Purchaser’s Representations. As an inducement to Seller to enter into this
Agreement Purchaser hereby represents to Seller and agrees as follows:
(i) Purchaser has the right, power and authority to purchase the Property,
subject to the terms and conditions provided for in the Agreement, and to execute,
deliver and perform its obligations under this Agreement and all other
instruments, conveyances and documents to be executed and delivered regarding
the purchase of the Property. This Agreement and all other documents executed
and delivered, or to be executed and delivered by Purchaser regarding this
Agreement have been, or at the appropriate time will be, duly executed and
delivered and constitute or, upon such execution and delivery will constitute, the
legal, valid and binding obligations of Purchaser, enforceable in accordance with
the respective terms and provisions. No consent or approval of any person, firm,
corporation or governmental authority is required to be obtained by Purchaser for
Purchaser to enter into this Agreement.
7. Closing of Sale.
(a) The Closing (“Closing”) shall take place on or before 90 days after the execution
of this Agreement or such other date mutually agreeable to the parties.
(b) At Closing, each party shall, without further consideration, execute and deliver
such additional instruments as may be reasonably requested by the other party to
complete and effectuate the transfer of title and ownership of the Property, provided that
such additional instruments (other than those specifically provided for in this Agreement,
and customary Closing documents) shall not impose cost or liability on any party. This
transaction shall be closed in accordance with the general provisions of the usual form of
New York style escrow agreement then in use by the Title Insurer, the costs of which
escrow shall be paid by Purchaser. Seller shall pay any State, County or other transfer
tax imposed by local ordinance.
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8. “As Is” Sale. Purchaser acknowledges that it will have adequate opportunity to inspect
the Property and accepts the risk that any inspection may not disclose all material matters
affecting the Property. SUBJECT ONLY TO THE TERMS OF SECTION 5(a) AND IF
PURCHASER CLOSES THE TRANSACTION CONTEMPLATED HEREUNDER,
PURCHASER AGREES TO ACCEPT THE PROPERTY IN ITS “AS IS” “WHERE IS” AND
“WITH ALL FAULTS” CONDITION AT CLOSING AND THAT PURCHASER IS NOT
RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER, EXPRESS OR IMPLIED, FROM SELLER OR ITS AGENTS OR
BROKERS, OR ANY OTHER PERSON ACTING OR PURPORTING TO ACT ON BEHALF
OF SELLER, AS TO ANY MATTERS CONCERNING THE PROPERTY, INCLUDING
WITHOUT LIMITATION: (i) the quality, nature, adequacy and physical condition and aspects
of the Property, (ii) the quality, nature, adequacy, and physical condition of soils, geology and
any groundwater, (iii) the existence, quality, nature, adequacy and physical condition of utilities
serving the Property, (iv) the development potential of the Property, and the Property’s use,
habitability, merchantability, fitness, suitability, value or adequacy of the Property for any
particular purpose, (v) the zoning or other legal status of the Property or any other public or
private restrictions on use of the Property, (vi) the compliance of the Property or its operation
with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and
restrictions of any governmental or quasi-governmental entity or of any other person or entity,
(vii) the condition of title to the Property (except the deed warranties), or (viii) any other fact or
condition which may affect the Property, including without limitation, the physical condition,
value, economics of operation or income potential of the Property.
9. Brokerage. Purchaser and Seller each represent and warrant to the other that it has had
no dealings with any broker or agent regarding this Agreement and the subject matter hereof, and
each party agrees to pay, and hold harmless and indemnify the other from and against, all costs,
expenses or liabilities for compensation, commissions and other amounts claimed by any other
broker or agent allegedly retained, consulted or employed by such indemnifying party.
10. Indemnification. Purchaser shall indemnify, defend and hold Seller harmless from
and against any and all losses, claims, actions, liabilities, damages, liens, costs and expenses,
including reasonable attorneys’ fees, incurred by Seller (or its agents, consultants or affiliates)
arising out of or related to (i) any activities upon the Property by Purchaser, its agents,
contractors and employees, or (ii) the failure by Purchaser to observe or perform any of its
covenants, representations or obligations under this Contract. This Section 10 shall survive the
Closing or termination of this Contract.
11. Miscellaneous.
(a) This Agreement shall be binding upon and shall inure to the benefit of the parties
hereto and to their respective successors and assigns.
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(b) This Agreement may be executed in counterparts, each of which shall be an
original, but all of which shall constitute one instrument.
(c) This Agreement (i) contains the entire understanding between the parties
regarding the sale and purchase of the Property; and (ii) may be altered or amended from
time to time only by written instrument executed by both parties hereto.
(d) This Agreement shall be interpreted in accordance with the laws of the State of
Illinois without regard to conflict of law principles. Jurisdiction and venue for all disputes
shall be the Circuit Court located in Cook County, Illinois, or the federal district court for
the Northern District of Illinois.
(e) The provisions of the Uniform Vendor and Purchaser Risk Act of the State of
Illinois shall be applicable to this Agreement.
[Signature Page Follows]
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IN WITNESS WHEREOF, the parties have executed this Agreement this day and year
first written above.
SELLER:
CITY OF EVANSTON,
A Home Rule unit of government
By:________________________________
Print Name: Luke Stowe
Its: City Manager
PURCHASER:
BOARD OF EDUCATION OF EVANSTON TOWNSHIP HIGH SCHOOL DISTRICT NO.
202
An Illinois high school district
By: _________________________________
Print Name:
Its: Superintendent
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Exhibit 1
LEGAL DESCRIPTION
LOT 2 IN TULLIO RESUBDIVISION OF LOTS 16 AND 17 (EXCEPT THE EAST 50 FEET)
IN BLOCK 2 IN HUNTOON’S ADDITION TO EVANSTON, A SUBDIVISION OF THAT
PART OF THE SOUTH 25 RODS OF THE NORTH ½ OF THE NORTHWEST ¼ OF THE
SOUTHWEST ¼ OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE
THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS.
Permanent Real Estate Index Number(s): 11-19-304-048-0000
Commonly Known As: 1222 Washington Street, Evanston, IL 60202
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EXHIBIT 2
After recording return to:
Board of Education of ETHS District No. 202
1600 Dodge Avenue
Evanston, IL 60201
SPECIAL WARRANTY DEED
City of Evanston, an Illinois municipal corporation ("Grantor") having an address of 909 Davis
Street, Evanston, IL 60201, for and in consideration of ONE AND NO/100 DOLLARS ($1.00)
and other good and valuable considerations in hand paid, the receipt and sufficiency of which are
hereby acknowledged, by these presents does grant, convey, bargain, and warrant to Board of
Education of Evanston Township High School District No. 202, Cook County, Illinois
("Grantee") having an address of 1600 Dodge Avenue, Evanston, Illinois, all the following real
property situated in the County of Cook, in the State of Illinois (“Property”), to wit:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF.
Grantor covenants as follows:
1. The real property is free from all encumbrances made by Grantor.
2. Grantor will warrant and defend the real property hereby conveyed against all lawful
claims and demands of persons claiming by, through or under Grantor, but against no other
person.
Permanent Real Estate Index Number: 11-19-304-048-0000
Address of Real Estate: 1222 Washington Street, Evanston, IL 60202
In Witness Whereof, said Grantor has executed this instrument as of ___________, 2025.
CITY OF EVANSTON
By:___________________________
City Manager
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STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
The undersigned, an Illinois notary public, does hereby certify that Luke Stowe, personally
known to me to be the City Manager of Grantor, and personally known to me to be the same
person whose name is subscribed to the foregoing instrument, appeared before me in the County
stated above this day in person and severally acknowledged that as such City Manager, he signed
and delivered the said instrument, and as his free and voluntary act for the uses and purposes set
forth therein.
Given under my hand and notarial seal this _____ day of ______________, 2025.
Notary Public
SEND SUBSEQUENT TAX BILLS TO:
Board of Education of Evanston Township High School District No. 202
1600 Dodge Avenue
Evanston, Illinois 60201
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EXHIBIT A
LEGAL DESCRIPTION
LOT 2 IN TULLIO RESUBDIVISION OF LOTS 16 AND 17 (EXCEPT THE EAST 50 FEET)
IN BLOCK 2 IN HUNTOON’S ADDITION TO EVANSTON, A SUBDIVISION OF THAT
PART OF THE SOUTH 25 RODS OF THE NORTH ½ OF THE NORTHWEST ¼ OF THE
SOUTHWEST ¼ OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE
THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS.
Permanent Real Estate Index Number(s): 11-19-304-048-0000
Commonly Known As: 1222 Washington Street, Evanston, IL 60202
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