IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

THE UNITED STATES OF AMERICA,

Plaintiff,                                                                                 No. 01 C 9277

vs.                                                                                         Judge Coar

THE JOHN BUCK COMPANY, et al.

Defendants.

_______________________________________

ACCESS LIVING OF METROPOLITAN
CHICAGO,

Plaintiff-Intervenor,

vs.

THE JOHN BUCK COMPANY, et al.

Defendants.

CONSENT DECREE

Plaintiff the United States and plaintiff-intervenor Access Living of Metropolitan Chicago (collectively "plaintiffs") and defendants the John Buck Company, Church & Chicago Limited Partnership and its successor-in-interest, JBC Evanston Limited Partnership (collectively "Buck Defendants"), agree to the terms of this Consent Decree resolving the complaints, as amended, as to the Buck Defendants.

On December 5, 2001, upon the election of the Buck Defendants and defendant Harry Weese Associates under 42 U.S.C. § 3612(a) to proceed in a civil action before this court, rather than a hearing before the Department of Housing and Urban Development ("HUD"), the United States filed a civil action as required by 42 U.S.C. § 3612(o) and also alleged that defendants had engaged in a pattern or practice of discrimination in violation of 42 U.S.C. § 3604(f)(l )-(3). Access Living filed concurrently a complaint in intervention. Both complaints, which were later amended, alleged that the defendants had violated Sections (f)(1)-(3) of the Fair Housing Act, 42 U.S.C. § 3604(f)(l)-(3).

Access Living is a non-profit organization that serves and advocates for persons with disabilities throughout the Chicago metropolitan area. The John Buck Company and JBC Evanston are the developer and owner of the Park Evanston Apartments ("the Park Evanston") located in Evanston, Illinois. The Park Evanston consists of a single building with 283 dwelling units on 24 floors. The building was designed by the architectural firm of Harry Weese Associates ("Weese"), which is also a defendant to this action. Gensler Architecture, Design and Planning Worldwide, P.C. ("Gensler") is the entity to which Weese sold its assets before its dissolution on December 3, 2001. Plaintiffs allege that, as a successor corporation to Weese with notice of the HUD claim, Gensler is under federal law liable for the discriminatory actions of Weese. On July 1, 2002, Plaintiffs, with leave of the court, amended their complaints to add Gensler as a defendant to this action.

Plaintiffs allege that as originally designed and constructed, the public and common use areas and the apartments at the Park Evanston do not include all of the features of accessible and adaptive design set forth in and required by 42 U.S.C. § 3604(f)(3)(C). The Buck Defendants state they retained the Weese firm to design the building in compliance with all federal, state and local laws governing the design and construction of multifamily housing. The Buck Defendants contend that they engaged in no deliberate or knowing violations of law but relied exclusively on the design and drawings provided by the Weese firm.

The Act provides that, for residential buildings with four or more units, all units in elevator buildings are "covered units." 42 U.S.C. § 3604(f)(7)(A). If such covered units were designed and constructed for first occupancy after March 13, 1991, the covered units must include certain basic features of accessible and adaptive design to make the housing usable by a person with a disability. Id. § 3604(f)(3)(C). The Park Evanston is an elevator building that was constructed for first occupancy after March 13, 1991. Thus, all 283 units at the Park Evanston are "covered units" within the meaning of the Act and must have the features of accessible an adaptive design required by the Act.

The Act requires that the following features of accessible and adaptive design must be included in and around the covered units: (a) public and common use areas that are readily accessible to and usable by persons with disabilities; (b) doors designed to allow passage into and within all premises that are sufficiently wide to allow passage by persons using wheelchairs; (c) an accessible route into and through the dwelling; (d) light switches, electrical outlets, thermostats, and environmental controls in accessible locations; (e) reinforcements in bathroom walls to allow later installation of grab bars; and (I) usable kitchens and bathrooms such that an individual using a wheelchair can maneuver about the space. 42 U.S.C. § 3604(f)(3)(C). Plaintiffs and the Buck Defendants agree this Court has jurisdiction over the subject matter of this case and that it is in the public interest to resolve this matter without further proceedings and without an evidentiary hearing as to the parties to this Decree. The Buck Defendants deny violations of the Act. This Consent Decree is entered into without further adjudication as to the merits of plaintiffs' claims against the Buck Defendants and does not constitute an adjudication on the merits of the claims or any admission of liability on the part of the Buck Defendants. Plaintiffs and the Buck Defendants have consented to the entry of this Consent Decree as indicated by the signatures appearing below.

It is hereby ORDERED, ADJUDGED and DECREED:

I. GENERAL INJUNCTION

The Buck Defendants, their officers, employees, agents, successors and assigns and all other persons in active concert or participation with them are enjoined for a period of five (5) years from the entry of this Decree from discriminating on the basis of disability as prohibited by the Fair Housing Act, 42 U.S.C. § 3604(f)(l) - (3). However, if the Park Evanston is sold to a bona fide purchaser for value and all of the rededication contemplated by Appendices A and B has been accomplished, the injunction shall cease three years after the entry of this Decree.

II. CORRECTIVE ACTIONS

Plaintiffs allege there are common areas and 283 units at the Park Evanston that do not meet all of the standards of the Act and the Fair Housing Accessibility Guidelines, 56 Fed. Reg. 9472 (1991). To address these alleged violations, the Buck Defendants agree to take the actions set forth below. In the event that any portion of the Park Evanston is intended to be sold, including a common area or an individual unit, all of the said corrective actions shall be taken before that portion is sold.

  1. Retrofitting of Public and Common Use Areas. Within one-hundred twenty (120) days of the date of the entry of this Consent Decree, the Buck Defendants shall complete retrofitting of the public and common use areas as listed in Appendix A. All retrofits shall comply with the standards set forth in the American National Standards Institute for Buildings and Facilities Providing Accessibility and Usability for Physically Handicapped People ("ANSI A117.l").

    Within one-hundred eighty (180) days from the date of the entry of this Decree, an architectural firm (or other entity or person with expertise in the design and construction requirements applicable to multi-family housing), selected by the Buck Defendants and approved by the United States, shall conduct an on-site survey at the Park Evanston and provide written certification to the parties as to whether the Buck Defendants have correctly made the modifications set forth in Appendix A. If such survey indicates that not all the corrections have been made, the Buck Defendants shall correct such deficiencies within forty-five (45) days and submit a new certification by the same entity. This process shall continue until the person or entity certifies that all the modifications in Appendix A have been made. The Buck Defendants shall bear the costs of the surveys and certifications.

  2. Retrofitting of Individual Units.The Buck Defendants shall make all retrofit identified in Appendix B. The Buck Defendants shall make such retrofits pursuant to the following terms:

    1. Current Tenants.

      1. Within thirty (30) days of the date of the entry of this Decree, the Buck Defendants shall ensure that each and every tenant at the Park Evanston receives the notice attached hereto as Appendix C, which will inform the tenant that: (1) the unit does not meet the accessible and adaptive design requirements of the Act; (2) the features of accessible and adaptive design can be retrofitted in the unit upon request; (3) the retrofits offered will be at no cost to the tenant; and (4) the Buck Defendants will provide alternative living arrangements at no cost to the tenant while the retrofitting is performed.

      2. If the management of the Park Evanston receives a written or oral request to perform the retrofits from a current tenant of a noncompliant unit, the Buck Defendants shall ensure that management notifies the tenant in writing that:

        1. the retrofits will be performed within sixty (60) days of the date of the request;

        2. alternative living arrangements will be provided in another unit at the Park Evanston or at a nearby hotel at no less than the government per diem rate while the retrofits are performed; and

        3. the retrofits will be completed within fourteen (14) days from the date on which the retrofit construction begins.

        1. Retrofits in Vacated Units. The Buck Defendants shall retrofit at least twenty (20) percent of the units requiring retrofitting in each twelve (12) calendar months after entry of the Decree.

        2. In order to make the bathrooms of non-compliant units accessible and usable by people who use wheelchairs, the parties recognize that the Buck defendants must: (a) widen the doorways to bathrooms to provide a 32" clear opening, and (b) install new doorjambs that permit an out-swinging door in order to provide 30" by 48" clear floor space at the entry to the bathroom, which will allow a person using a wheelchair to enter and close the door as specified in Appendix B (e.g. Model "P" Units, Modification Number 4).The Buck Defendants shall ensure the bathroom doors swing outward, subject to the following:

          1. Where a unit is retrofitted based on the schedule specified in sections II.B.1 and 2, supra, the Buck Defendants shall cause the doorjambs to be installed so the bathroom doors swing outward prior to a new tenant taking occupancy or upon completion of retrofits for an existing tenant then that tenant has requested the retrofit pursuant to section II.B.l.b., supra. Once the tenant has re-occupied the unit, or, for a new tenant, once the leasehold has begun, the tenant may request that the Buck Defendants re-adjust the doorjamb so the bathroom doors swing inward, provided the tenant has been told the reason for swinging the bathroom doors outward is usability by persons who use wheelchairs.

          2. Where the Buck Defendants, pursuant to part C of this section, retrofit an occupied, noncompliant unit whose tenant has not requested the unit be retrofitted, the Buck Defendants shall ensure that the bathroom doors swing outward unless that tenant requests in writing that the doors swing inward. Tenants of occupied units who have not requested their units be retrofitted may make this request at any time, including prior to completion of retrofits.

        3. The Buck Defendants agree that as long as they or any of them own an equity interest in the Park Evanston, whether directly or indirectly through a trust or an affiliated entity, they will fully comply with the requirements specified in section II.B.3 as to each and every unit in which they have such interest. Further, the Buck Defendants shall take the following actions with regard to future owners so that they will also comply with the aforesaid requirements: create a Declaration of Covenants and Restrictions in the form of Appendix F, attached hereto, and record said Declaration in the Office of the Recorder of Deeds for Cook County, Illinois. This restriction shall last for thirty (30) years or as to each residential unit until that unit is sold as a condominium or cooperative or until this restriction is annulled or modified by court order. The term "cooperative" for purposes of this provision shall be defined as an Ownership regime wherein an entity owns the apartment building and rents the individual units to tenants, with each tenant having an ownership interest in the entity that owns the building.

        1. Five-Year Time Limit.       Notwithstanding the foregoing provisions, all units must be retrofitted according to Appendix B within five years after entry of this Consent Decree, even if there has been neither a vacancy in that unit nor a request by the tenant to retrofit since entry of the Decree. Notification and retrofitting shall occur as provided in section II.B.

        2. Survey and Certification. On a yearly basis beginning one year from the date of entry of this Decree, an architectural firm (or other entity or person with expertise in the design and construction requirements applicable to multi-family housing), selected by the Buck Defendants and approved by the United States, shall conduct an on-site survey at the Park Evanston of those units and provide written certification to the United States and Access Living as to whether the Buck Defendants have correctly made the modifications set forth in Appendix B and section II.B.2, supra. If such survey indicates that not all the corrections have been made, the Buck Defendants shall correct such deficiencies within forty-five (45) days and submit a new certification. This process shall continue until the person or entity certifies that all the modifications in Appendix B have been made. The Buck Defendants shall bear the costs of the surveys and certifications.

        3. Lease Provision.      The Buck Defendants shall include a provision (Appendix H) in all leases signed or renewed after entry of this Decree, specifying, consistent with section II.C, that the Buck Defendants have the right to modify the unit to bring it into compliance with the Act even if the tenant is still living in the unit five years after the date of entry of the Decree.

        4. The Buck Defendants shall include a flyer in the information or materials provided to tenants and prospective tenants that describes the accessibility features available at the Park Evanston. This flyer includes information about the willingness and ability of Park Evanston management, without charge to tenants, to swing the bathroom doors outward, modify the cabinets beneath the kitchen and bathroom sinks and install grab bars in the bathrooms, in order to achieve usability for persons in wheelchairs. The attached flyer (Appendix I - PDF) is approved by the plaintiffs.

        5. The Buck Defendants agree to modify the unit which is now the guest suite and two of the units which are leased to Charles E. Smith Company for corporate living to conform to the requirements of Title III of the Americans with Disabilities Act. However, should the Buck Defendants determine to rent what is now the guest suite as a dwelling or should the Smith lease be extinguished in the next 180 days, then such units do not have to be modified to conform to the Americans with Disabilities Act. For each of the units that continues to be a public accommodation after one-hundred eighty (180) days, the Buck Defendants shall make all modifications within ninety (90) days. The Buck Defendants shall certify to the United States and Access Living that such units have been conformed by hiring an architectural firm (or other entity or person with expertise in the design and construction requirements applicable to multi-family housing), selected by the Buck Defendants and approved by the United States, which shall conduct an on-site survey at the Park Evanston of those units and certify that those units have been modified to conform to the requirements of the Americans with Disabilities Act. If such survey indicates that not all the corrections have been made, the Buck Defendants shall correct such deficiencies within forty-five (45) days and submit a new certification. This process shall continue until the person or entity certifies that al] of the units are in conformance. The Buck Defendants shall bear the costs of the surveys and certification.

III. AGGRIEVED PERSONS

  1. Access Living of Metropolitan Chicago. The Buck Defendants shall pay the total sum of THIRTY THOUSAND DOLLARS ($30,000) to Access Living for damages suffered as a result of the Buck Defendants' failure to design and construct the Park Evanston in compliance with the Act and attorneys' fees. The Buck Defendants shall pay said money within thirty (30) days of the date of entry of this Decree by sending a check payable in that amount to Access Living of Metropolitan Chicago, 614 West Roosevelt Road, Chicago, Illinois 60607, provided that no amount shall be paid pursuant to this paragraph before Access Living has executed a written release of all claims, legal or equitable, that it might have against the Buck Defendants relating to the claims asserted in this lawsuit.

  2. Aggrieved Persons Compensation Fund. The Buck Defendants shall pay the total sum of FIFTY THOUSAND DOLLARS ($50,000) into an interest-bearing escrow fund designated by the United States which shall be distributed in the manner set out below to pay monetary damages to persons who are aggrieved by the Buck Defendants' alleged discriminatory practices. Any interest that accrues shall be the property of the fund.

    1. Within thirty (30) days of the date of entry of this Consent Decree, the Buck Defendants shall ensure that the management of the Park Evanston distributes the notice contained in Appendix D to all current and former tenants of units at the Park Evanston, as well as persons who inquired about or applied to rent a unit about whom management has a name and address record, since January 1, 1997. The Buck Defendants shall certify to the United States in writing that the notices have been distributed and the manner in which they were distributed no later than ten (10) days after such distribution.

    2. The Buck Defendants shall give representatives of the United States any records of the Park Evanston in the possession or control of any of the Buck Defendants and their employees, agents, or representatives which the United States believes to be useful in identifying persons who may be aggrieved persons.

    3. Persons who believe they are aggrieved shall be invited to contact the United States within ninety (90) days from the date on which they receive the notice. If the management of the Park Evanston should receive a response to the notice, management shall document the person's name, address and phone number and report it to the United States within three (3) days from the date on which management is contacted by such person.

    4. No later than one-hundred eighty (180) days after receiving a timely claim, the United States shall determine, in its sole discretion, which persons are aggrieved by the Buck Defendants' alleged discriminatory practices and shall determine, in its sole discretion, an appropriate amount of damages for each such person, provided that no person shall be paid any amount pursuant to this paragraph before he or she has executed a written release of all design and construction claims, legal or equitable, in the form of Appendix E that he or she might have against the Buck Defendants relating to the claims asserted in this lawsuit, and has executed a declaration under the penalty of perjury attesting to the facts of the discrimination he or she has suffered. If the United States requires additional time to make the determinations, it will so inform the Buck Defendants and complete that process within one (1) year from the receipt of a timely claim.

    5. If, following the periods specified in sections III.B.l-4. supra, the United States has not distributed all of the money in the fund to aggrieved persons pursuant to subparagraphs 1 through 4, supra, any money remaining in the fund shall be distributed by the United States to Access Living's Modification for Access Project, which shall use such funds for the sole purpose of providing modifications to individuals with disabilities in the Chicago area to enable them to access and use their homes.

IV. NON-DISCRIMINATION IN FUTURE DESIGN AND CONSTRUCTION

  1. For a period of five (5) years, unless shortened pursuant to Section I or modified by further order of Court pursuant to Section X, from the date of entry of this Consent Decree, the Buck Defendants shall, regarding any covered, multi-family dwellings to be developed and/or built by them, alone or together, as evidenced by the completion of the site plans and building construction documents, prior to the application for the initial building permits for the project, submit to counsel for the United States and Access Living the following information: (1) the name and address of the project, (2) a description of the project and the individual units, (3) the name of any site engineer involved with the project, (4) the name of the architect, and (5) a statement from any architect involved with the project acknowledging and describing his or her knowledge of and training in the requirements of 42 U.S.C. § 3604(f)(3)(C) and in the field of accessible design and certifying that he/she has reviewed such plans and that the plans include design specifications that comply with the requirements of the Act.

V. CIVIL PENALTY

The Buck Defendants shall pay collectively the total sum of THIRTEEN THOUSAND, SIX HUNDRED DOLLARS ($13,600) to the United States as a civil penalty pursuant to 42 U.S.C. § 3614(d)(1)(C). Said sum shall be paid within thirty (30) days of the date of entry of this Decree by submitting a check made payable to the United States of America.

VI. EDUCATIONAL PROGRAM

Within sixty (60) days of the entry of this Decree, the Buck Defendants shall provide a copy of this Decree to all their agents and employees involved in the design, construction, rental, or sale of covered multifamily dwellings and secure a signed statement from each agent or employee acknowledging that he/she has received, read and understands the Decree. Within sixty (60) days after the date on which a new employee or agent commences employment or an agency relationship with the Buck Defendants, each new employee or agent involved in the design, construction, rental, sale, or direct building management of covered multifamily dwellings shall be given a copy of this Decree and be required to sign a statement acknowledging that he/she has received, has read and understands the Decree.

Within thirty (30) days of the entry of this Decree, and on a yearly basis thereafter, beginning on or before the one-year anniversary of the entry of this Decree, the Buck Defendants and all their agents and employees involved in the design, construction, rental, sale, or direct building management of covered multifamily dwellings shall attend a fair housing training session selected by the Buck Defendants and conducted by a disability rights or fair housing organization acceptable to the United States. The Buck Defendants shall pay all costs of the training. The Buck Defendants shall secure a written certification from the trainer of each agent's and employee's attendance at the fair housing training.

VII. NOTICE TO THE PUBLIC OF THE BUCK
DEFENDANTS' NON-DISCRIMINATION POLICY

The Buck Defendants shall post and prominently display in the rental offices of all multi-family residential properties they own or operate a sign no smaller than ten (10) by fourteen (14) inches indicating that all residential dwelling units are available for rent on a nondiscriminatory basis. A poster that comports with 24 C.F.R. Part 110 will satisfy this requirement.

In addition, for the duration of this Decree, in all future advertising in newspapers and on pamphlets, brochures and other promotional literature regarding the Park Evanston, the Buck Defendants shall ensure that the management of the Park Evanston places, in a conspicuous location, a statement that the dwelling units include features for persons with disabilities required by the federal Fair Housing Act or use of the accepted pictorial indicators for accessibility for persons with disabilities and non-discrimination. The sample advertisement in Appendix G - PDF is acceptable to the plaintiffs.

VIII. REPORTING AND DOCUMENT RETENTION REQUIREMENTS

  1. Within seventy-five (75) days after the date of entry of this Consent Decree, the Buck Defendants shall submit to counsel for the United States and Access Living an initial report regarding the signed statements of current employees or agents, involved in the design, construction, rental, sale or management of covered multifamily dwellings who have completed the educational program (see Section VI, supra).

  2. Annually after the entry of this Consent Decree, the Buck Defendants, as applicable, shall submit to counsel for the United States and Access Living the following:

    1. Signed statements of new employees or agents involved in the design, construction, rental, sale or management of covered multifamily dwellings, who have completed the educational program during the most recent reporting period as required by section VI, supra; and

    2. The name, address, and telephone number of any tenant or prospective tenant who requested retrofits pursuant to section II.B. 1., the date on which the retrofits were requested, and the date on which the retrofits were completed.

  3. The Buck Defendants shall advise counsel for the United States and Access Living in writing within thirty (30) days of receipt of any written administrative or legal complaint against the Buck Defendants or any of their employees or agents regarding equal opportunity in housing. The Buck Defendants shall also promptly provide the United States and Access Living all information it may reasonably request concerning any such complaint.

  4. For the term of this Decree, the Buck Defendants are required to preserve all records related to this Decree. Upon reasonable notice to the Buck Defendants, representatives of the United States and Access Living shall be permitted to inspect and copy any records of the Buck Defendants bearing on compliance with this Decree at any and all reasonable times; provided, however, that the United States and Access Living shall endeavor to minimize any inconvenience from such inspections.

IX. INSPECTION OF RETROFITS

Upon reasonable notice to the Buck Defendants, representatives of the United States and Access Living shall be permitted to inspect the retrofits performed at the Park Evanston to ensure compliance with this Decree one time in each twelve month period following the signing of this

Decree for the duration of the Decree; provided, however, that the United States and Access Living shall endeavor to minimize any inconvenience caused by such inspections.

X. DURATION OF DECREE AND TERMINATION OF LEGAL ACTION

  1. Plaintiffs have the right to petition the court, at any time during the duration of this Decree, to reopen the case for the purpose of enforcing the Decree. The Buck Defendants have the right to petition the court to extinguish its obligations under section II.B. of this Decree if the Fair Housing Act or applicable regulations change such that the units no longer are required to meet the accessibility standards contemplated by the agreed retrofits identified in Appendix B; however, the United States and Access Living do not believe the Buck Defendants' obligations under this Consent Decree would be extinguished by such a change in the law and regulations. The parties to this Decree shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Decree prior to bringing such matters to the court for resolution.

  2. The parties to this Decree believe that Weese and Gensler have liability for the violations alleged. Plaintiffs intend to pursue this action against Weese and Gensler to establish their joint and several liability.

XI. TIME FOR PERFORMANCE

Any time limits for performance imposed by this Decree may be extended by the mutual written agreement of the parties to this Decree.

XII. COSTS OF LITIGATION

The parties to this Decree will bear their own costs and attorneys' fees associated with this litigation, except as provided in section III.A. However, nothing in this paragraph shall preclude Access Living from seeking attorneys' fees and costs against any defendant other than the Buck Defendants.

So ORDERED this 25TH day of September, 2002

____________________
United States District Judge

Agreed to by the parties as indicated by the signatures of counsel below.


FOR DEFENDANTS THE JOHN BUCK

COMPANY AND JBC LIMITED
PARTNERSHIP, AS SUCCESSOR
IN INTEREST TO CHURCH &
CHICAGO LIMITED PARTNERSHIP:

_____________________
HAROLD C. HIRSHMAN
JASON L. RUBIN
Sonnenschein Nath & Rosenthal
8000 Sears Tower
Chicago, Illinois 60604
(312) 876-8025

FOR PLAINTIFF UNITED STATES:

PATRICK J. FITZGERALD
UNITED STATES ATTORNEY 


By: _________________________
JOAN LASER
Assistant United
States Attorney
219 South Dearborn St.
Chicago, Illinois 60606
(312)353-1857


TIMOTHY MORAN
Deputy Chief, Housing and Civil
   Enforcement Section
Civil Rights Division
P.O. Box 65998  Washington, D.C. 20035-5998

FOR PLAINTIFF-INTERVENOR ACCESS LIVING OF METROPOLITAN CHICAGO:

STEVEN SALTZMAN
122 South Michigan Avenue
Suite 1850
Chicago, Illinois 60603
(312) 427-4500		 KENNETH M. WALDEN
MAX LAPERTOSA
Access Living
of Metropolitan Chicago
614 West Roosevelt Road
Chicago, IL 60607
(312) 253-7000

APPENDIX A
ACCESSIBILITY MODIFICATIONS
TO PUBLIC AND COMMON USE AREAS

AT THE PARK EVANSTON APARTMENTS

  1. A visual alarm will be installed in the conference room on the first floor.

  2. A visual alarm will be installed in the library adjacent to the community room.

  3. Visual alarms will be installed in the men's and women's restrooms on the first and 24th floors of the toilet and shower rooms.

  4. A protective wrap will be installed around the pipes under the lavatories in the men and women's restrooms on the first and 24th floors.

  5. Tactile and Braille identification signs shall be mounted on the wall adjacent to the latch side of the doors to the first floor men's and women's restrooms.

  6. The bulletin board on the first floor shall be lowered so that the top of the board is no higher than 60" from the floor.

  7. Mailbox assignments for current or future tenants may need to be changed when a tenant with a disability moves into the building. Mailboxes of tenants shall be reassigned as necessary to provide tenants with disabilities mailboxes that are within their reach.

  8. The toilet seat in the women's accessible toilet on the first floor shall be lowered to a height no greater than 19" from the floor.

  9. The door to the community kitchen on the first floor shall be removed.

  10. One reading carrel in the first floor library shall be altered to provide a minimum of 27" for kneespace beneath it.

  11. The parking area shall be retrofitted such that the ramps leading to the accessible parking spaces shall have slopes no greater than five degrees.

  12. A cane-detectable permanent structure no higher than 27" shall be installed beneath the gas meter protruding from the wall located inside the parking area.

  13. A cane-detectable permanent structure no higher than 27" shall be installed beneath the electrical box protruding from the wall of the laundry room.

  14. The door closer to the lavatory section of the men's restroom on the first floor shall be readjusted so that the measuring force required to open it is five pounds or less.

APPENDIX B

" A",(21 apartments, 1 bedroom, 1 bathroom):

  1. The existing path from the entrance of the unit to the guest bathroom located within the unit and the path to the Living/Dining area provides a 32" clear opening without modification.

  2. Lower the thermostat (1) to a height of no greater than 48".

  3. Upon request, utilize "WingIts Fastening System" to provide necessary strength for bathroom grab bar installation without backing or blocking.

  4. Widen door to the bathroom to provide a 32" clear opening. Install new doorjambs as noted in detailed drawing. The out-swinging door will provide 30" x 48" clear floor space to enter and close the door for a resident with a disability.

  5. Retrofit the bathroom vanity to allow straight-in wheelchair access. Utilize a removable cabinet base as noted in the detailed drawings and pictures.

  6. Widen bedroom door to provide 32" clear opening.

"B" units,(21 apartments, 2 bedrooms, 2 baths):

  1. The existing path from the entrance of the unit to both bathrooms located within the unit and the path to the Living/Dining area provides a 32" clear opening without modification.

  2. Lower both thermostats (2) in the unit to a height of no greater than 48".

  3. Upon request, utilize "WingIts Fastening System" to provide necessary strength for bathroom grab bar installation without backing or blocking.

  4. Widen door to both bathrooms to provide a 32" clear opening. Install new doorjambs at the guest bathroom as noted in detailed drawing. The out-swinging guest bathroom door will provide 30" x 48" clear floor space to enter and close the door for a resident with a disability.

  5. Retrofit guest bathroom vanity to allow straight-in wheelchair access. Utilize a removable cabinet base as noted in the detailed drawings and pictures.

  6. Widen both bedroom doors to provide a 32" opening.

  7. Modify 2 walk-in closet doors to provide a 32" clear opening.

"C" units, (21 apartments, 2 bedrooms, 2 bathrooms):

  1. Lower both thermostats (2) to a height of no greater than 48".

  2. Upon request, utilize "WingIts Fastening System" to provide necessary strength for bathroom grab bar installation without backing or blocking.

  3. Modify kitchen sink to provide direct, straight-in wheelchair access under kitchen sink utilizing a removable cabinet base.

  4. Modify walk-in 3 closet doors to provide a 32" clear opening.

"D" Units, (14 apartments, studio,1 bathroom):

  1. Lower the thermostat (1) to a height of no greater than 48".

  2. Upon request, utilize "WingIts Fastening System" to provide necessary strength for bathroom grab bar installation without backing or blocking.

  3. Modify I walk-in closet door to provide a 32" clear opening.

  4. Install new doorjambs at bathroom as noted in detailed drawing. The out-swinging bathroom door will provide 30" x 48" clear floor space to enter and close the door for a resident with a disability.

"E" units,(15 apartments, 2 bedrooms, 2 bathrooms)

  1. The existing path from the entrance of the unit to the guest bathroom located within the unit and the path to the Living/Dining area provides a 32" clear opening without modification.

  2. Lower all three thermostats in the unit to a height of no greater than 48".

  3. Upon request, utilize "WingIts Fastening System" to provide necessary strength for bathroom grab bar installation without backing or blocking.

  4. Widen door to the guest bathroom only to provide a 32" clear opening. Install new doorjambs at guest bathroom as noted in detailed drawing. The out-swinging guest bathroom door will provide 30" x 48" clear floor space to enter and close the door for a resident with a disability.

  5. Retrofit the guest bathroom vanity in the guest bathroom to allow straight-in wheelchair access. Utilize a removable cabinet base as noted in the detailed drawings and pictures.

  6. Widen doors to both bedrooms to provide 32" clear opening.

  7. Widen master bathroom door to provide 31 ½" clear opening in the out-swinging position, with offset hinges. Install new doorjambs as noted in detail drawings.

"F" units,(8 apartments, 3 bedrooms, 2.5 bathrooms):

  1. The existing path from the entrance of the unit to the guest bathroom located within the unit and the path to the Living/Dining area provides a 32" clear opening without modification.

  2. Lower four (4) thermostats to a height of no greater than 48".

  3. Upon request, utilize "WingIts Fastening System" to provide necessary strength for grab bar installation in both full bathrooms without backing or blocking.

  4. Widen door to all three bathrooms to provide a 32" clear opening. Install new doorjambs as noted in detailed drawing. The out-swinging door will provide 30" x 48" clear floor space to enter and close the door for a resident with a disability.

  5. Retrofit all three bathroom vanities to allow straight-in wheelchair access. Utilize a removable cabinet base as noted in the detailed drawings and pictures.

  6. Widen three bedroom doors and one walk-in closet door to provide a 32" opening.

"G" units,(23 apartments, 1 bedroom, 1 bath):

  1. The existing path from the entrance of the unit to the bathroom located within the unit and the path to the Living/Dining area provides a 32" clear opening without modification.

  2. Lower the thermostat (1) to a height of no greater than 48".

  3. Upon request, utilize "WingIts Fastening System" to provide necessary strength for bathroom grab bar installation without backing or blocking.

  4. Widen door to the bathroom to provide a 32" clear opening. Install new doorjambs as noted in detailed drawing. The out-swinging door will provide 30" x 48" clear floor space to enter and close the door for a resident with a disability.

  5. Retrofit the bathroom vanity to allow straight-in wheelchair access. Utilize a removable cabinet base as noted in the detailed drawings and pictures.

  6. Widen bedroom and walk-in closet doors to provide a 32" clear opening.

"H" units.(23 apartments, 2 bedrooms, 2 bathrooms):

  1. The existing path from the entrance of the unit to the guest bathroom located within the unit and the path to the Living/Dining area provides a 32" clear opening without modification.

  2. Lower all three thermostats in the unit to a height of no greater than 48".

  3. Upon request, utilize "WingIts Fastening System" to provide necessary strength for bathroom grab bar installation without backing or blocking.

  4. Widen door to guest bathroom only to provide a 32" clear opening. Install new doorjambs as noted in detailed drawing. The out-swinging door at the guest bathroom will provide 30" x 48" clear floor space to enter and close the door for a resident with a disability.

  5. Retrofit the vanity in the guest bathroom to allow straight-in wheelchair access. Utilize a removable cabinet base as noted in the detailed drawings and pictures.

  6. Widen both bedroom doors to provide a 32" clear opening.

  7. Widen master bathroom door to provide 31-1/2" clear opening in the out-swinging position with offset hinges. Install new doorjambs as noted in detail drawing.

"I" units,(23 apartments, 1 bedroom, 1 bathroom):

  1. Lower the thermostat (1) to a height of no greater than 48".

  2. Upon request, utilize "WingIts Fastening System" to provide necessary strength for bathroom grab bar installation without backing or blocking.

  3. Retrofit kitchen cabinet to provide a parallel approach to the range.

"J"(15 apartments, 1 bedroom, 1 bathroom):

  1. The existing path from the entrance of the unit to the bathroom located within the unit and the path to the Living/Dining area provides a 32" clear opening without modification.

  2. Lower the thermostat (1) to a height of no greater than 48".

  3. Upon request, utilize "WingIts Fastening System" to provide necessary strength for bathroom grab bar installation without backing or blocking.

  4. Widen door to the bathroom to provide a 32" clear opening. Install new doorjambs as noted in detailed drawing. The out-swinging door will provide 30" x 48" clear floor space to enter and close the door for a resident with a disability.

  5. Retrofit the bathroom vanity to allow straight-in wheelchair access. Utilize a removable cabinet base as noted in the detailed drawings and pictures.

  6. Retrofit the kitchen cabinet to provide a parallel approach to the range.

  7. Widen bedroom door to provide 32" clear opening.

"K" units (14 apartments, 1 bedroom, 1 bathroom):

  1. The existing path from the entrance of the unit to the bathroom located within the unit and the path to the Living/Dining area provides a 32" clear opening without modification.

  2. Lower the thermostat (1) to a height of no greater than 48".

  3. Upon request, utilize "WingIts Fastening System" to provide necessary strength for bathroom grab bar installation without backing or blocking.

  4. Widen door to the bathroom to provide a 32" clear opening. Install new doorjambs as noted in detailed drawing. The out-swinging door will provide 30" x 48" clear floor space to enter and close the door for a resident with a disability.

  5. Retrofit the bathroom vanity to allow straight-in wheelchair access. Utilize a removable cabinet base as noted in the detailed drawings and pictures.

  6. Widen bedroom door to provide 32" clear opening.

  7. Widen walk-in closet door to provide 32" clear opening.

"L" Units,(12 apartments, 1 bedroom, 1 bathroom):

  1. The existing path from the entrance of the unit to the bathroom located within the unit and the path to the Living/Dining area provides a 32" clear opening without modification.

  2. Lower the thermostat (1) to a height of no greater than 48".

  3. Upon request, utilize "WingIts Fastening System" to provide necessary strength for bathroom grab bar installation without backing or blocking.

  4. Widen door to the bathroom to provide a 32" clear opening. Install new doorjambs as noted in detailed drawing. The out-swinging door will provide 30" x 48" clear floor space to enter and close the door for a resident with a disability.

  5. Retrofit the bathroom vanity to allow straight-in wheelchair access. Utilize a removable cabinet base as noted in the detailed drawings and pictures.

  6. Widen bedroom and one walk-in closet door to provide a 32" opening.

"L1 " Units (1 Apartment, Studio, 1 bathroom):

  1. The existing path from the entrance of the unit to the bathroom located within the unit and the path to the Living/Dining area provides a 32" clear opening without modification.

  2. Lower the thermostat (1) to a height of no greater than 48".

  3. Upon request, utilize "WingIts Fastening System" to provide necessary strength for bathroom grab bar installation without backing or blocking.

  4. Widen door to the bathroom to provide a 32" clear opening. Install new doorjambs as noted in detailed drawing. The out-swinging door will provide 30" x 48" clear floor space to enter and close the door for a resident with a disability.

  5. Retrofit the bathroom vanity to allow straight-in wheelchair access. Utilize a removable cabinet base as noted in the detailed drawings and pictures.

"M" units,(13 apartments, studio, one bathroom):

  1. The existing path from the entrance of the unit to the bathroom located within the unit and the path to the Living/Dining area provides a 32" clear opening without modification.

  2. Lower the thermostat (1) to a height of no greater than 48".

  3. Upon request, utilize "WingIts Fastening System" to provide necessary strength for bathroom grab bar installation without backing or blocking.

  4. Widen door to the bathroom to provide a 32" clear opening. Install new doorjambs as noted in detailed drawing. The out-swinging door will provide 30" x 48" clear floor space to enter and close the door for a resident with a disability.

  5. Retrofit the bathroom vanity to allow straight-in wheelchair access. Utilize a removable cabinet base as noted in the detailed drawings and pictures.

  6. Modify kitchen sink cabinet to provide direct, straight-in wheelchair access under kitchen sink utilizing a removable cabinet base.

"N" units,(7 apartments,1 bedroom, den, 2 bathrooms):

  1. The existing path from the entrance of the unit to the bathrooms located within the unit and the path to the Living/Dining area provides a 32" clear opening without modification.

  2. Lower both thermostats (2) in the unit to a height of no greater than 48".

  3. Upon request, utilize "WingIts Fastening System" to provide necessary strength for bathroom grab bar installation without backing or blocking.

  4. Widen door. to both bathrooms to provide a 32" clear opening. Install new doorjambs as noted in detailed drawing. The out-swinging door will provide 30" x 48" clear floor space to enter and close the door for a resident with a disability.

  5. Retrofit both bathroom vanities to allow straight-in wheelchair access. Utilize a removable cabinet base as noted in the detailed drawings and pictures.

  6. Widen den and bedroom door to provide a 32" opening.

  7. Widen walk-in closet door to provide a 32" opening.

"0" units,(7 apartments, 2 bedrooms, 2 bathrooms):

  1. The existing path from the entrance of the unit to both bathrooms located within the unit and the path to the Living/Dining area provides a 32" clear opening without modification.

  2. Lower all three thermostats in the unit to a height of no greater than 48".

  3. Upon request, utilize "WingIts Fastening System" to provide necessary strength for bathroom grab bar installation without backing or blocking.

  4. Widen door to both bathrooms to provide a 32" clear opening. Install new doorjamb as noted in detailed drawing. The out-swinging door will provide 30" x 48" clear floor space to enter and close the door for a resident with a disability.

  5. Retrofit both bathroom vanities to allow straight-in wheelchair access. Utilize a removable cabinet base as noted in the detailed drawings and pictures.

  6. Widen laundry closet and two bedroom doors to provide a 32" opening.

  7. Modify kitchen sink cabinet to provide direct, straight-in wheelchair access under kitchen sink utilizing a removable cabinet base.

  8. Modify 2 walk-in closet doors to provide a 32" clear opening.

"P"  units(2 apartments, 2 bedrooms, Den, 3 bathrooms):

  1. The existing path from the entrance of the unit to the bathrooms located within the unit and the path to the Living/Dining area provides a 32" clear opening without modification.

  2. Lower all four thermostats in the unit to a height of no greater than 48".

  3. Upon request, utilize "WingIts Fastening System" to provide necessary strength for bathroom grab bar installation without backing or blocking.

  4. Widen door to three bathrooms to provide a 32" clear opening. Install new doorjambs as noted in detailed drawing. The out-swinging door will provide 30" x 48" clear floor space to enter and close the door for a resident with a disability.

  5. Retrofit three bathroom vanities to allow straight-in wheelchair access. Utilize a removable cabinet base as noted in the detailed drawings and pictures.

  6. Widen doors to provide a 32" clear opening in both bedrooms and den.

  7. Widen doors to provide guest bedroom walk-in closet with 32" clear opening.

"P1" units (2 apartments, 2 bedrooms, 2 bathrooms):

  1. The existing path from the entrance of the unit to the both bathrooms located within the unit and the path to the Living/Dining area provides a 32" clear opening without modification.

  2. Lower all three thermostats in the unit to a height of no greater than 48".

  3. Upon request, utilize "WingIts Fastening System" to provide necessary strength for bathroom grab bar installation without backing or blocking.

  4. Widen door to both bathrooms to provide a 32" clear opening. Install new doorjambs as noted in detailed drawing. The out-swinging door will provide 30" x 48" clear floor space to enter and close the door for a resident with a disability.

  5. Retrofit both bathroom vanities to allow straight-in wheelchair access. Utilize a removable cabinet base as noted in the detailed drawings and pictures.

  6. Widen doors to provide a 32" clear opening in both bedrooms.

  7. Widen doors to provide walk-in closet with 32" clear opening.

"P11" units(2 apartments, 1 bedroom, 1 bathroom):

  1. The existing path from the entrance of the unit to both bathrooms located within the unit and the path to the Living/Dining area provides a 32" clear opening without modification.

  2. Lower both thermostats in the unit to a height of no greater than 48".

  3. Upon request, utilize "WingIts Fastening System" to provide necessary strength for bathroom grab bar installation without backing or blocking.

  4. Widen door to bathroom to provide a 32" clear opening. Install new doorjamb as noted in detailed drawing. The out-swinging door will provide 30" x 48" clear floor space to enter and close the door for a resident with a disability.

  5. Retrofit bathroom vanity to allow straight-in wheelchair access. Utilize a removable cabinet base as noted in the detailed drawings and pictures.

  6. Widen doors to provide a 32" clear opening in bedroom.

"Q" units, (19 apartments, 1 bedroom, den, 2 bathrooms):

  1. The existing path from the entrance of the unit to both bathrooms located within the unit and the path to the Living/Dining area provides a 32" clear opening without modification.

  2. Lower all three thermostats in the unit to a height of no greater than 48".

  3. Upon request, utilize "WingIts Fastening System" to provide necessary strength for bathroom grab bar installation without backing or blocking.

  4. Widen door to full bathroom to provide a 32" clear opening. Install new doorjamb as noted in detailed drawing. The out-swinging door will provide 30" x 48" clear floor space to enter and close the door for a resident with a disability.

  5. Retrofit both bathroom vanities to allow straight-in wheelchair. Utilize a removable cabinet base as noted in the detailed drawings and pictures.

  6. Widen doors to provide a 32" clear opening in both the master bedroom and the den.

  7. Widen powder room door to provide 31 ½" clear opening in the out-swinging position, with offset hinges. Install new doorjambs as noted in detailed drawings.

"Q1" units,(2 apartments,1 bedroom, 1 bathroom):

  1. The existing path from the entrance of the unit to both bathrooms located within the unit and the path to the Living/Dining area provides a 32" clear opening without modification.

  2. Lower both thermostats in the unit to a height of no greater than 48".

  3. Upon request, utilize "WingIts Fastening System" to provide necessary strength for bathroom grab bar installation without backing or blocking.

  4. Widen door to bathroom to provide a 32" clear opening. Install new doorjamb as noted in detailed drawing. The out-swinging door will provide 30" x 48" clear floor space to enter and close the door for a resident with a disability.

  5. Retrofit bathroom vanity to allow straight-in wheelchair. Utilize a removable cabinet base as noted in the detailed drawings and pictures.

  6. Widen door to provide a 32" clear opening in the master bedroom.

  7. Modify 1 walk-in closet door to provide a 32" clear opening.

  8. Modify kitchen sink to provide direct, straight-in wheelchair access under kitchen sink utilizing a removable cabinet base.

"Q11" units,(2 apartments, 1 bedroom, 1 bathroom):

  1. The existing path from the entrance of the unit to the bathroom located within the unit and the path to the Living/Dining area provides a 32" clear opening without modification.

  2. Lower both thermostats in the unit to a height of no greater than 48".

  3. Upon request, utilize "WingIts Fastening System" to provide necessary strength for bathroom grab bar installation without backing or blocking.

  4. Widen door to the bathroom to provide a 32" clear opening. Install new doorjamb as noted in detailed drawing. The out-swinging door will provide 30" x 48" clear floor space to enter and close the door for a resident with a disability.

  5. Retrofit bathroom vanity to allow straight-in wheelchair. Utilize a removable cabinet base as noted in the detailed drawings and pictures.

  6. Widen doors to provide a 32" clear opening in the master bedroom.


APPENDIX C
RETROFITS AVAILABLE TO
TENANTS AT TILE PARK EVANSTON

On ____________, 2002, the United States District Court for the Northern District of Illinois entered a Consent Decree which requires the builders of the Park Evanston to offer accessibility retrofits required by the Fair Housing Act to tenants of the Park Evanston. All units at the Park Evanston should contain certain accessibility features that allow persons with disabilities to live in or visit the units.

YOUR UNIT SHOULD HAVE INCLUDED SUCH FEATURES.

You may have any or all of the following features installed in your apartment at NO COST TO YOU:

If you choose to have any of these features installed in your apartment, the owners of the Park Evanston will, if the installation causes significant disruption to your apartment, pay for your stay in the Hilton Garden Inn or a vacant furnished unit at the Park Evanston and any incidental expenses, if necessary, during the period in which the features are installed. The installation of the features will be completed within five days of the time construction begins. If you are interested in scheduling the installation of any of the features listed above or have any questions, please contact _________________________ at ______________.


APPENDIX D

Notice to Potential Victims of Housing Discrimination

On _______________________, 2002, the United States District Court for the Northern District of Illinois entered a consent decree in a lawsuit brought by the United States and Access Living of Metropolitan Chicago against the developer and architect of the Park Evanston, alleging that they failed to include certain accessibility features for persons with disabilities required by the Fair Housing Act, 42 U.S.C. § 3604(f)(3)(C), at the Park Evanston, located at 1630 Chicago Avenue in Evanston, Illinois.

The United States and Access Living allege that the Park Evanston does not comply with the law because:

  1. Some of the public and common use areas are not readily accessible to persons with disabilities;

  2. Doors within most of the units are too narrow for most wheelchairs;

  3. The units have thermostats that are too high to be reached by persons in wheelchairs;

  4. Most of the units have bathroom walls that are not reinforced to allow the later installation of grab bars; and

  5. Most of the bathrooms and some of the kitchens do not have sufficient space for persons in wheelchairs to maneuver.

Under this consent decree, you may be entitled to monetary relief if you or anyone you know

     WAS DISCOURAGED FROM LIVING AT THE PARK EVANSTON BECAUSE OF THE LACK OF ACCESSIBILITY FEATURES;

If you wish to make a claim for discrimination on the basis of disability, or if you have any information about persons who may have such a claim, please contact the United States Attorney's Office at (312) 353 - 5300 and ask for the duty paralegal. You may also write to: United States Attorney's Office, 219 South Dearborn Street, Chicago, Illinois 60604, Attn: Civil Rights.

Note: You should call or write no later than November 30, 2002.


APPENDIX E

RELEASE OF CLAIMS

In consideration of the payment of the sum of ______________ dollars ($________) pursuant to the Consent Decree entered in United States v. John Buck Company et al., No. 01 C 9277 (N.D. Ill.), I hereby release the John Buck Company, Church & Chicago Limited Partnership, JBC Evanston Limited Partnership, and LaSalle Bank National Association Trust No. 123565-07 from any and all liability for any design and construction claims, legal or equitable, I may have against them arising out of the issues alleged in the above-captioned action.

I fully acknowledge and agree that this release of the defendants shall be binding on my heirs, representatives, executors, successors, administrators, and assigns.

I hereby acknowledge that 1 have read and understand this release and have executed it voluntarily and with full knowledge of its legal consequences.

____________________________
Name

____________________________
Date


APPENDIX F

DECLARATION OF COVENANTS AND RESTRICTIONS

This Declaration of Restriction is made as of ____________________, 2002 by LaSalle Bank National Association, as successor trustee to American National Bank and Trust Company of Chicago under Trust Agreement dated December 22, 1997 and known as Trust No. 123565-07 and JBC Evanston Limited Partnership, an Illinois limited partnership and beneficiary of the aforesaid Trust (collectively "Declarant") with respect to that portion of the property commonly known as 1630 Chicago Avenue, Evanston, Illinois 60201 on which is located a 24-story residential apartment building containing 283 dwelling units known as The Park Evanston (the "Building") and which is legally described on Exhibit A attached hereto and made a part hereof (the "Property").

Recitals

  1. Declarant is a defendant in the matter of United States of America v. The John Buck Company, el al., Case No. 01 C 9277 in the United States District Court for the Northern District of Illinois, Eastern Division (the "Action") regarding the Building's failure to contain certain basic features of accessible and adaptive design to make the Building dwelling units usable by a person with a disability under Sections (f)(1)-(3) of the Fair Housing Act, 42 U.S.C. § 3604(f)(1)-(3), as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601-3619 ("the Act").

  2. Declarant entered into a Consent Decree dated _____________, 2002 in settlement of the Action (the "Decree").

  3. Pursuant to the Decree Declarant has agreed to execute and record this Declaration to impose certain obligations on Declarant and the future owners of the Building.

Declaration

  1. Bathroom Doorways.       Pursuant to the Decree Declarant has agreed to widen the doorways to the bathrooms in all dwelling units in the Building to at least 32 inches and to install doorjambs in such doorways to permit the doors to such bathrooms to swing either inward or outward. Each door in the bathroom or bathrooms for a dwelling unit shall at all times be set to swing outward unless the then-current tenant of such dwelling unit has requested that such door swing inward after being told the reason for such outward swinging bathroom doors is usability by persons who use wheelchairs. Neither Declarant nor any of its successors or assigns shall (i) narrow the doorway openings to such bathrooms to less than 32 inches; (ii) make any modifications that would prevent any such bathroom door from swinging outward; or (iii) change any bathroom door so that it opens inward unless the tenant of such dwelling unit has requested such change, in each case for so long as the portion of the Building containing such bathroom is used for multi-family residential rental purposes and is subject to the Act.

  2. Binding Effect.        This Declaration and the covenants and restrictions herein contained shall run with the land described in Exhibit A hereto and are binding upon the Declarant and shall be binding upon each of its successors and assigns, notwithstanding the fact that Declarant or any partner in Declarant may hold interest in such successor and assign, without any further acceptance or assumption, Upon the date that each such Successor or assignee takes title to the Building. Each such owner of the Building shall be liable for compliance with this Declaration at all times that it holds an interest in the Building, but shall not be liable for any non-compliance by any prior or subsequent owner.

  3. Amendment and Release.       This Declaration may not be released, modified or waived without the prior written consent of the United States Attorney for the Northern District of Illinois on behalf of the United States of America.

  4. Standing to Enforce; Remedies.        The Declarant hereby declares for itself and its successors and assigns that the United States of America shall have standing to institute judicial proceedings in any court of competent jurisdiction to enforce the covenants and restrictions contained herein against Declarant and its successors and assigns. Declarant agrees that the obligations hereunder may be enforced by all remedies available at law or in equity against the then-current owner of the Building. Nothing herein shall be deemed to create a lien against the Building or the Property or to give rise to any liability of any mortgagee or other holder of a security interest in the Building or the Property.

  5. Governing Law.       This Declaration shall be governed by the laws of the State of Illinois.

  6. Consent of Mortgagee.       The holder of the existing mortgage indebtedness secured by the Property and the Building hereby consents to Declarant's execution, delivery and recording of this Declaration and, by such consent, agrees that this Declaration shall be senior to the existing mortgage on the Property and Building and shall continue to bind the owners thereof notwithstanding any foreclosure of such mortgage or any deed given in lieu of foreclosure.

  7. Expiration.       If the Building is converted to a condominium form of ownership, this Declaration shall expire and be of no further effect as to any condominium unit therein and its interest in any limited or unlimited common areas of the Building from and after the date on which Declarant or its then-current successor or assign, first conveys such unit and related interests to a purchaser not affiliated with Declarant or such successor or assign. In any event, this Declaration shall expire and be of no further force and effect on the first to occur of (I) the date that the existing Building is demolished, (ii) the date that the Building is fully converted to uses other than a residential apartment building and (iii) the thirtieth (30th) anniversary of the date of this Declaration or pursuant to court order.

In witness of the foregoing the Declarant has executed this Declaration as of the date first written above.

For LaSalle Bank National Association, as successor trustee to American National Bank and Trust Company of Chicago under Trust Agreement dated December 22, 1997 and known as Trust No. 123565-07:

______________________________________

By:

For JBC EVANSTON LIMITED PARTNERSHIP, an Illinois limited partnership:

_____________________________

By: JBC Evanston Co., an Illinois corporation, its general partner

Consented to pursuant to Section 6 above:

Teachers Insurance and Annuity Association College Retirement Equities Fund

______________________________

By:

Name:

Title:

STATE OF _____________
                                               SS

COUNTY OF ___________

On _______________________, before me, _______________________, a Notary Public in and for said state, personally appeared ____________________________________________ on behalf of LaSalle Bank National Association, as successor trustee to American National Bank and Trust Company of Chicago under Trust Agreement dated December 22, 1997 and known as Trust No. 123565-07, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public in and for said State

(SEAL)


STATE OF ______________
                                               SS

COUNTY OF ____________

On _______________________,before me,__________________________,a Notary Public in and for said state, personally appeared _________________________on behalf of JBC Evanston Limited Partnership, an Illinois limited partnership, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal.

Notary public in and for said State

(SEAL)

STATE OF___________________
                                               SS
COUNTY OF__________________

On ________________________, before me, ________________________, a Notary Public in and for said state, personally appeared __________________________________________ on behalf of Teachers Insurance and Annuity Association College Retirement Equities Fund, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public in and for said State

(SEAL)

EXHIBIT A

Legal Description

PARCEL A:

THAT PART OF WASHINGTON NATIONAL CONSOLIDATION OF ALL OF LOTS 12, 13, 14, 15, 16 AND 1 IN BLOCK 19 IN THE ORIGINAL VILLAGE (NOW CITY) OF EVANSTON, IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED MARCH 9, 1995 AS DOCUMENT NUMBER 95161213, BOUNDED AND DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF WASHINGTON NATIONAL CONSOLIDATION AFORESAID; THENCE SOUTH 16 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG THE EASTERLY LINE OF SAID WASHINGTON NATIONAL CONSOLIDATION, 173.10 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL;

THENCE CONTINUING SOUTH 16 DEGREES 00 MINUTES 00 SECONDS WEST, 85.50 FEET; THENCE NORTH 74 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG A LINE DRAWN PERPENDICULAR TO THE LAST DESCRIBED LINE, 210.51 FEET TO A POINT ON THE WESTERLY LINE OF SAID WASHINGTON NATIONAL CONSOLIDATION, SAID POINT BEING 258.97 FEET SOUTHWESTERLY OF THE NORTHWEST CORNER THEREOF; THENCE NORTH 16 DEGREES 00 MINUTES 56 SECONDS EAST, ALONG SAID WESTERLY LINE. 85.50 FEET; THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS EAST, 210.48 FEET TO THE HEREINABOVE DESIGNATED POINT OF BEGINNING;

SAID PARCEL HAVING NO LOWER LIMIT AND HAVING AS AN UPPER LIMIT A HORIZONTAL PLANE OF ELEVATION +65.50 FEET, CITY OF EVANSTON DATUM, IN COOK COUNTY, ILLINOIS.

AREA = 17,997 SQUARE FEET OR 0.41316 ACRES.

PARCEL B:

THAT PART OF WASHINGTON NATIONAL CONSOLIDATION OF ALL OF LOTS 12, 13, 14,15,16 AND 1 IN BLOCK 19 IN THE ORIGINAL VILLAGE (NOW CITY) OF EVANSTON, IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED MARCH 9, 1995 AS DOCUMENT NUMBER 95161213, BOUNDED AND DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF WASHINGTON NATIONAL CONSOLIDATION AFORESAID; THENCE SOUTH 16 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG THE EASTERLY LINE OF SAID WASHINGTON NATIONAL CONSOLIDATION, 172.45 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE CONTINUING SOUTH 16 DEGREES '00 MINUTES 00 SECONDS WEST, 86.15 FEET; THENCE NORTH 74 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG A LINE DRAWN PERPENDICULAR TO THE LAST DESCRIBED LINE, 210.51 FEET TO A POINT ON THE WESTERLY LINE OF SAID WASHINGTON NATIONAL CONSOLIDATION, SAID PONT BEING 258.97 FEET SOUTHWESTERLY OF THE NORTHWEST CORNER THEREOF; THENCE NORTH 16 DEGREES 00 MINUTES 56 SECONDS EAST, ALONG SAID WESTERLY LINE, 86.15 FEET; THENCE SOUTH 74 DEGREES 00 MINUTES 00 SECONDS EAST, 210.48 FEET TO THE HEREIN ABOVE DESIGNATED PONT OF BEGINNING;

SAID PARCEL HAVING AS A LOWER LIMIT A HORIZONTAL PLANE OF ELEVATION +65.50 FEET, CITY OF EVANSTON DATUM AND HAVING NO UPPER LIMIT, IN COOK COUNTY, ILLINOIS.

AREA = 18,134 SQUARE FEET OR 0.41630 ACRES.

APPENDIX G
(ADVERTISEMENTS)

APPENDIX H
Additional Lease Language

LANDLORD MODIFICATIONS:

  1. 1) Smoke detectors are required by Illinois law (PA85-143). The duty of installation is a burden of the Landlord and the duty of maintenance is a burden of the Tenant.

  2. 2) Landlord agrees to accommodate residents as follows:

    1. Bathrooms - Grab bars will be added at the toilet and at the bathtub, upon tenant request.

            Where necessary to create the required accessible approach to the lavatory, the lavatory base cabinet doors and a portion of the bottom shelf will be removed.

            Where necessary to create the required 30" x 48" area which allows maneuverability for a person using a wheelchair, bathroom doors will be mounted to open out.

    2. Kitchen - Where required to create the required accessible approach to the sink, the cabinet doors of the sink base and a portion of the bottom shelf of the cabinet will be removed.

          Nothing in this provision shall affect or preclude any rights tenants have under the Fair Housing Act, 42 U.S.C. § 3604(f)(3)(a) and (b).

  3. Construction - Landlord shall have the right to relocate Tenant temporarily to another furnished apartment in the Park Evanston or to the Hilton Garden Inn at Landlord's sole cost and expense if the completion of all modifications contemplated by the Consent Decree makes the apartment temporarily uninhabitable. This temporary relocation shall be for a period of no longer than 14 days.

APPENDIX I

The Park Evanston
APARTMENT ACCESSIBILITY OPTIONS

Prospective Resident _________________________ Apartment__________

Move-In date
_______________________________

Your new apartment at the Park Evanston has been designed with certain accessibility features. These features can be installed/modified upon your request at move-in and accessibility modifications may be made at any tune at no charge to you.

    Grab Bars can be installed around the tub, shower and toilet areas. Would you like grab bars installed in the bathrooms of your apartment?

    _____ Yes, please install grab bars       ______ No, I do not want grab bars installed.

  1. Where necessary to create the required accessible approach to the lavatory, the doors to the bathroom vanity(ies) under the lavatory and the shelf in the vanity can be removed to provide access for a person with a disability. Would you like the doors and bottom shelf removed from your bathroom vanity(ies)?

    _____ Yes, please remove the doors       _____ No, keep the doors on the vanity

  2. Where necessary to create the required accessible approach to the kitchen sink, the doors to the sink base and the shelf in the sink base can be removed in certain units to provide access for a person with a disability. Would you like the doors and bottom shelf removed from your kitchen sink base if you have this type of unit?

    _____ Yes, please remove the doors       ____ No, keep the doors on the kitchen sink base

  3. Where necessary to create the required 30" x 48" area which allows maneuverability for a person using a wheelchair, the bathroom doors are designed to swing out into the apartment. This door set-up will allow persons with disabilities to enter the bathroom, shut the door and maneuver within the bathroom once inside. If you viewed your new apartment as a vacant unit, you saw this condition with the Bathroom doors. If you viewed your new apartment as an occupied unit, you may or may not have seen this condition. Before you move in, the bathroom doors will be made to swing out.

You have the option of keeping the bathroom doors swinging out, or if you would prefer, we can modify the bathroom doors to swing in? Please note that you may have the door swing changed on one or more of these bathroom doors at no charge upon request at any time while you are a resident of the Park Evanston. Please indicate your preference for the door swing direction at move-in by checking below and returning it to the Park Evanston Leasing Office.

_____ I would prefer the bathroom doors in my apartment to remain swinging out into the apartment, which accommodates persons with disabilities in wheelchairs.

_____ I would prefer the bathroom doors in my apartment to be changed to swing into the bathroom.

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Tenant

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Date

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Agent - The John Buck Company

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Date

Document Filed: September 18, 2002.