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S-375 - 05/31/1977 - SPORTS CORE - Ordinances APB:ble5/31/77 S SPaa�'s caae- �-- Ke ctic�se AiretmAiT # ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A CERTAIN AGREEMENT OF PURCHASE AND ATTENDANT DOCUMENTS FOR THE PROPERTY COMMONLY REFERRED TO AS THE BUTLER INTERNATIONAL SPORTS CORE WHEREAS, it is deemed advisable and necessary and in and for the best interests of the Village of Oak Brook, Du Page and Cook Counties, Illinois (hereinafter referred to as the "Village"), that the property consist- ing of approximately 269 net acres generally bounded by Cermak Road on the North, York Road on the East, Oak Brook Road on the South, and the center line of Salt Creek on the West, exclusive of the property commonly referred to as the Butler National Golf Course, otherwise and commonly referred to as the Butler International Sports Core, and all existing improvements there- on and appurtenances thereto (hereinafter referred to as the "Properties and Improvements"), be purchased by the Village to provide for natural open space, sports and recreational facilities, and flood control and storm water management facilities for the Village; and _% WHEREAS, it has heretofore been estimated by the President and Board of Trustees of the Village that it will cost not more than NINE MILLION FOUR HUNDRED TWENTY THOUSAND DOLLARS ($9, 420,000) to purchase the Properties and Improvements; and WHEREAS, the President and Board of Trustees of the Village and its agents and employees have negotiated the terms of a purchase agreement and certain attendant and collateral documents thereto whereby the parties thereto would agree to sell and purchase in accordance with its stated terms and provisions the Properties and Improvements for a price not to exceed NINE MILLION FOUR HUNDRED TWENTY THOUSAND DOLLARS ($9, 420, 000), subject, however, among other things, to approval of the electors of the Village voting at an election to beheld not later than June 30, 1977; and WHEREAS, the President and Board of Trustees of the Village and its agents and employees have negotiated the terms of a management agreement whereby the parties thereto agree that the Properties and Improvements would be managed, operated, and maintained by Butler International Sports Core, Inc. , an Illinois corporation, in accordance with its stated terms and conditions; and WHEREAS, the Corporate Authorities of the Village of Oak Brook deem the passage of this Ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, THAT: SECTION 1: The provisions of the preamble hereinbefore set forth are hereby restated as though herein fully set forth. SECTION 2: The President of the Village be and he is hereby authorized, empowered, and directed for and on behalf of the Village to: i i I APB:ble 5-31-77 (a) make, execute, and deliver that certain Agreement by and between The Butler Company, an Illinois corporation, and the Village of Oak Brook, an Illinois municipal corporation, including therein the attendant and collateral documents required by the terms and provisions of said Agreement, including without limitation acceptance of the deed of convey- ance therein described with the specified deed restrictions contained therein and as therein provided, in substantially the form presented to, read, and considered by the President and Board of Trustees of the Village, a copy of which Agree- ment and all therein-described Exhibits is annexed to this Ordinance, identified as Exhibit A, and by this reference incorporated herein as though fully herein set forth; and (b) make, execute, and deliver that certain Management Agree- ment by and between the Village of Oak Brook, an Illinois municipal corporation, and Butler International Sports Core, Inc. , an Illinois corporation, in substantially the form presented to, read, and considered by the President and Board of Trustees of the Village, a copy of which Management Agreement is annexed to this Ordinance, identified as Exhibit B, and by this reference incorporated herein as though fully herein set forth. SECTION 3: The said Agreement, and the said Management Agreement, when delivered, shall be deemed duly authorized, executed, and delivered, and shall constitute the legal, valid, and binding obligations and commit- ments of the Village of Oak Brook enforceable in accordance with the respective terms, provisions, and conditions of said agreements. SECTION 4: The Village Clerk is hereby authorized and directed to attest to the execution of said agreements and the attendant and collateral documents as therein described, affix the Village Seal thereto, and to certify the passage of this Ordinance, all as otherwise provided by the ordinances of the Village of Oak Brook and the laws of the State of Illinois. SECTION 5: All ordinances, rules, and regulations of the Village of Oak Brook which are in conflict with the provisions of this Ordinance are hereby repealed solely to the extent of the conflict. SECTION 6: This Ordinance shall be in full force and effect from and after its - 2 - passage and approval as provided by law. This Ordinance shall be published in pamphlet form. PASSED and APPROVED this �A't day of 1977. APPROVED: §§dent ATTEST: Village Clerk AYES: NAYS: ABSENT: 0 Filed in the Office of the Village Clerk and published in pamphlet form by authority of the Corporate Authoritiej of the Village of Oak Brook, Du Page and Cook Counties, Illinois, this -6 day ofj� �, 1977. Village Clerk APPROVED AS TO FORM: Village Attorney - 3 - VAULT • �to DC1C A G R E E ld E N T THIS AGREM ENT made this 31st day of May, 1977, by and between THE BUTLER COLIPANY, an Illinois corporation ("Seller") , and the VILLAGE OF OAK BROOK, an Illinois municipal corporation ("Purchaser" ) , W I T N E S S E T H WHEREAS, Seller is the owner of certain real estate commonly referred to as the Butler International Sports Core, situated in the Village of Oak Brook, Illinois , which land Seller has maintained as natural open space and for sports and recreational purposes ; and WHEREAS, Seller, by grant of easement dated December 27 , 1960 , from the Northern Illinois Gas Company, recorded on December 27 , 1960 as Document No. 991700 in the office of the Recorder of Deeds, Du Page County, Illinois , has certain rights ("the NIGAS surface rights") to use in part the surface of the land owned by Northern Illinois Gas Company and lying between the Northern boundary of the Sports Core and the right-of-way of Twenty-Second Street and more particularly described on Exhibit A hereto, which surface Seller has maintained as open space and for sports and recreational ser- vices; and WHEREAS, Seller desires that the real estate continue to be maintained and preserved in a quality condition and in general for the above purposes; and WHEREAS, both Seller and Purchaser desire that a part of the aforesaid land be acquired by Purchaser for the benefit and enjoy- ment of the citizens and residents of the Village of Oak Brook, so that both Seller and Purchaser may be assured of the preservation and maintenance of the open spaces and natural wooded areas on such land, and so that Purchaser may continue to operate and maintain the sports facilities and improvements now located thereon and to utilize the properties for appropriate flood control and storm water management purposes; and WHEREAS , in furtherance of the purposes set forth above, Seller has agreed to sell, and Purchaser has agreed to purchase, (1) that portion of the aforesaid real estate more particularly described on Exhibit B attached hereto and hereby made a part hereof ("the Sports Core Property) , containing approximately 269 net acres (274 gross acres) generally bound by 22nd Street on the North, York Road on the East, Oak Brook Road on the South, and the Center line of Salt Creek on the West, and shown as Parcels 3A, 3B, 5 , 6 , 7 and 8 on the Plat of Survey hereinafter described in paragraph 7 below, exclusive of the property commonly referred to as the Butler National Golf Course and presently improved with a nine hole golf course, three swimming pools , six tennis courts, a clubhouse, a golf pavilion, a barbecue pavillion, three residences , horse show stands , grandstands , parking areas, six sets of bleachers , four TV towers, twenty-four flagpoles , one review stand, three concession stands and booths , and other structures, as well as miscellaneous roads , utility lines , and fences and (2) certain personal property used in the operation and maintenance of such improvements ; and WHEREAS, also in furtherance of the purposes set forth above, Seller has agreed to assign to Purchaser the NIGAS surface rights; and WHEREAS, in furtherance of the purposes set forth above, the parties have agreed to certain restrictions to be imposed on the future use and development of the land in order to protect the natural beauty and open spaces of the land and to assure the I -2- continued availability of the sports and recreational facilities thereon and the utilization of the property for flood control and storm water management on the conditions specified herein- after; and WHEREAS , in connection with the conveyance of the land to be acquired by Purchaser, the parties have agreed that Seller shall retain certain easements and reservations as more fully set forth below; NOW, THEREFORE, in and for consideration of the sum of TEN DOLLARS ($10 .00) and other valuable considerations exchanged between the parties, the receipt and sufficiency of which is hereby acknowledged, Seller and Purchaser do hereby agree as follows: 1. Property Seller agrees to sell to Purchaser, and Purchaser agrees to purchase from Seller, on the terms and conditions set forth below, "the Sports Core property ("the property") , together with appurtenances affixed thereto and all of the improvements presently thereon, and together with those items of personal property (owned by Seller at closing) used in the operation and maintenance of said improvements, for which personalty Seller shall cause to be delivered to Purchaser at closing a Bill of Sale in the form attached hereto as Exhibit C, and all of Seller' s right, title and interest in the NIGAS surface rights , for which rights Seller shall deliver to Purchaser at closing an Assignment in the form attached hereto as Exhibit D. 2 . Purchase Price . Purchaser shall pay Seller a purchase price of Nine Million Four Hundred Twenty Thousand ($9 ,420 ,000) , plus or minus prorations as hereinafter set forth. -3- 3. Manner. of Payment (A) Purchaser shall pay $820 ,000 , plus or minus prorations , at the time of closing, and agrees to pay the balance of the purchase price as follows : (a) $2 ,600 ,000 on January 2 , 1973 , (b) $1,000 ,000 on January 2, 1979 , (c) $1,000,000 on January 2 , 1980, (d) $4 ,000 ,000 on January 2 , 1981, together with interest as set forth below on the balance remaining unpaid from time to time; provided that if the closing shall take place in 1978 , then the Purchaser shall pay $2,620 ,000 plus or minus prorations at the time of closing and agrees to pay the balance of the purchase price as follows : (a) $1,800 ,000 , January 2, 1979 , (b) $1,000 ,000 , January 2, 1930 , (c) $4,000 ,0001 January 2, 1981, together with interest as set forth below on the balance remaining unpaid from time to time. Interest shall run from January 2, 1978 , or date of closing, whichever is later, and shall be due and payable annually on January 2 of each year beginning with 1979. All payments shall be made at the office of Seller, in Oak Brook , Illinois , or at such other place designated in writing by Seller. This agreement shall evidence Purchaser' s obligation to make the aforesaid payments of both principal and interest, as each becomes due. In the event of any default in the payment of any installment of either principal -4- or interest when due, which default shall continue for thirty (30) days after written notice of default is given to Purchaser, then at the option of Seller and by written notice to Purchaser, the entire principal sum remaining unpaid, together with accrued interest thereon, shall become at once due and payable. In the event of the death of Paul Butler, of Oak Brook, Illinois , the entire principal sum remaining unpaid, together with accrued interest thereon, shall automatically be accelerated and become due and payable on the first anniversary of the date of said death, except to the extent that such sum may be payable sooner pursuant to the terms hereof . (B) The amount of interest due and payable by Purchaser on any date on which interest is due and payable shall be computed on said date at a rate equal to the lower of (a) the average rate of interest paid by Purchaser on the bonds to be issued by Purchaser, pursuant to paragraph 9 (A) (ii) hereof, or (b) the average rate of interest earned by Purchaser, on the funds in the account to be established pursuant to paragraph 9 (A) (iii) hereof, during the period ending on said date and beginning on the last previous date on which interest was due and payable (or, if there was no such previous date, then beginning on January 2 , 1978 , or date of .closing, whichever is later). Said amount of interest shall be determined by multiplying the rate so computed by the average balance of the purchase price remaining unpaid during said period and by multiplying said product by the duration of said period in years. Purchaser will use its best efforts to ensure that the rate specified by paragraph 3 (B) (b) hereof is not less than the rate specified by paragraph 3 (B) (a) hereof. (C) Notwithstanding anything to the contrary contained in this agreement, so long as the amount of funds remaining on deposit in the account to be established pursuant to paragraph 9 (A) (iii) here- of is more than the aggregate amount of all installments of princi- -5- pal then outstanding, Seller 's sole recourse , in the event of any default by Purchaser in the payment of any amount becoming due hereunder, shall be to proceed against such funds and such account, and Seller shall have all of the rights and remedies provided at both law and equity to satisfy all payments due Seller out of such funds and such account, but Seller shall have no recourse against Purchaser individually or against any other general funds or revenues of Purchaser. If, for any reason, the amount of funds remaining on deposit in said account is ever at any time, whether before, during or after a default by Purchaser in any of the covenants hereof, less than the aggregate amount of all installments of principal then outstanding, then the preceding sentence limiting Seller 's recourse to such funds and such account shall thereupon immediately and automatically become null and void and of no further effect, but only as to so much of such outstanding principal installments , as exceeds the amount of funds remaining on deposit in said account. For purposes of this paragraph, no funds shall be counted as remain- ing in said account which either have been withdrawn from said account, or which have in any manner been pledged, hypothecated, mortgaged, assigned or otherwise encumbered voluntarily by Purchaser. 4 . Conveyance At closing, Seller shall convey, or cause to be conveyed, to Purchaser, title to the property together with all appurtenances affixed thereto and present improvements thereon by recordable warranty deed, which deed shall be accepted by Purchaser at closing as therein provided. The deed shall contain a release of homestead rights , if any, and shall be subject to those matters set forth on Exhibit E. 5. Closing and Possession The closing shall be on November 1, 1977 (or such later date as may be set under paragraph 9 (B) (ii) ) through the escrow as set forth in paragraph 6 below, on which date possession of the prop- erties, real and personal , will be delivered to Purchaser. -6- 6. Escrow This sale shall be closed through an escrow with the title company providing the title evidence set forth below, in accordance with the general provisions of the usual form of Deed and Money Escrow Agreement then in use by said title company, with such special provisions inserted in the escrow agreement as may be required to conform with this agreement. Upon the creation of such an escrow, anything herein to the contrary notwithstanding, payment of the first installment of the purchase price and delivery of the deed and all documents required for the closing shall be made through the escrow. The cost of the escrow shall be divided equally between Seller and Purchaser. 7. Survey Seller, at its own expense, has furnished to Purchaser, and Purchaser hereby acknowledges its receipt and acceptance of, the Plat of Survey of the property (excluding lots in Westchester subdivision) made and certified by Consoer , Townsend & Associates, Order Ito. 77-05-57, dated Play 24 , 1977, which Plat is attached hereto as Exhibit F and hereby made a part hereof. 8. Evidence of Title Prior to the issuance of bonds by Purchaser pursuant to para- graph 9 (A) (ii) hereof, Seller shall deliver or cause to be delivered to Purchaser or Purchaser' s agent, a title commitment for an owner' s ALTA (Form B) title insurance policy issued by Chicago Title Insurance Company; in the amount of the purchase price, covering title to the real estate and to the easement set forth at paragraph 10 (D) (2) hereof, showing title in the grantor subject only to (a) the general exceptions contained in the policy, but with an insurance endorsement over mechanics lien claims, whether recorded or unrecorded (provided that Purchaser has furnished its affidavit -7 that it has not entered into any contracts for which a lien might exist) (b) the title exceptions set forth on Exhibit E, and (c) title exceptions pertaining to liens or encumbrances of a definite or ascertainable amount which may be removed by the payment of money at the time of closing and which the Seller shall so remove at that time by using the funds to be paid upon the delivery of the deed (all of which are herein referred to as the permitted exceptions) . The title commitment shall be conclusive evidence of good title as therein shown as to all matters insured by the policy, subject only to the exceptions as therein stated. If the title commitment discloses any unpermitted exceptions, Seller shall have 30 days from the date of delivery thereof to have such excep- tions removed from the commitment or to have the title insurer commit to insure against loss or damage that may be occasioned by such exceptions, and, in such event, the time of closing shall be 35 days after delivery of the commitment. If Seller fails to have such exceptions removed, or in the alternative, to obtain the com- mitment for title insurance specified above as to such exceptions within the specified time, Purchaser shall , by written notice to Seller delivered within 30 days after the expiration of the 30-day .period, elect either to terminate this agreement or to take title as it then is. If Purchaser does not so notify Seller of its election, Purchaser shall be conclusively deemed to have elected to terminate this agreement, and this agreement shall thereupon so terminate without further action of the parties, and neither party shall have any further rights or obligations hereunder. In the event of any title defect, Purchaser 's sole and exclusive remedies shall be those set forth in this paragraph, and Seller shall not be liable either for damages , or for specific performance hereof. 9. Conditions Precedent to Closing (A) Notwithstanding anything to the contrary contained herein , this agreement is subject to each of the following conditions: (i) Not later than June 30 , 1977 a referendum has been held in the Village of Oak Brook, which referendum shall have been successful in authorizing Purchaser to (a) enter into this agreement and consummate the purchase pursuant hereto, and (b) issue its General Obligation Bonds in an aggregate amount of not less than $9 ,420 ,000 , for purposes of meeting its obligations under this agreement. (ii) Not later than October 1, 1977 Purchaser has completed the issuance and sale of the General Obligation Bonds as described above, and has received net proceeds (after accounting for any and all costs of such sale) from said sale in an amount of not less than $9,420 ,000; provided, however , that Purchaser shall not issue and sell any such bonds until Purchaser has received a title commit- ment as described in paragraph 8 hereof and within the time specified therein Purchaser has notified Seller that it elects to take title as it then is provided Seller assures it in writing that all unpermitted exceptions, not acceptable to Purchaser , will be removed prior to or at closing. (iii) Not later than October 15 , 1977, the remainder of net proceeds from the sale of bonds as set forth above, after deducting therefrom the amount which Purchaser shall pay to Seller at the time of closing pursuant to paragraph 3 hereof , shall be deposited into an account to be established at a national banking association doing business in Illinois, which account shall be under the sole control of Purchaser. Any income earned on the funds in said account shall be and remain the property of Purchaser. -9- Purchaser agrees that it shall use reasonable efforts to take those steps necessary to effectuate the referendum, and the issu- ance and sale of bonds prior to closing as hereinabove provided, but in the event that any of the conditions set forth in this para- graph 9 (A) have not been satisfied by the times set forth above, then eider party shall have the right to terminate this agreement by giving the other party written notice of its election to termi- nate, which notice shall be delivered not less than ten (10) days prior to closing. If this agreement is terminated pursuant hereto , neither party shall have any further rights or obligations hereunder. (B) (i) Prior to closing, Purchaser shall furnish to Seller (a) certified copies of an ordinance passed by the Village of Oak Brook authorizing Purchaser' s execution of this agreement, and the acceptance of the deed and bill of sale ; and (b) a legal opinion of the attorney for Purchaser that this agree- ment, including Purchaser's payment obligations as set forth in paragraph 3 hereof, the bond referendum, and the covenants contained in the deed are valid and binding and enforceable in accordance with their terms. (ii) If Purchaser fails to provide any of the items set forth in paragraph 9 (B) (i) above, or if at any time prior to closing, any suit or legal proceeding is instituted which seeks to prevent this transaction, or which seeks to prevent or interfere with the issuance or sale of any bonds provided for hereunder or the use of the net proceeds of such bond sale to make the payments required of Purchaser hereunder, or to terminate, restrict or suspend any or all of the rights reserved by or granted to Seller, its successors , assigns and designees , as provided in paragraph 10 hereof, then either -10- party may elect, by written notice to the other delivered no later than October 20 , 1977 (or November 1, 1977 , if such suit or legal proceeding is instituted between October 20 and November 1 , both inclusive) , to defer the closing to a date certain but no later than November 1, 1978. If any such suit or proceeding (whether instituted on, before or after November 1 , 1977) has not been disposed of by a final order reasonably satisfactory to Seller, or the time, if any, to appeal therefrom has not expired, or if Purchaser has failed to provide any of the items set forth in para- graph 9 (B) (i) above, on or before said date certain, then Seller may elect, by written notice delivered to Purchaser, to terminate this agreement, and upon such termination neither party shall have any further rights or obligations hereunder. (C) (i) Prior to closing Seller shall furnish to Purchaser (a) a certified copy of Seller ' s corporate resolution author- izing Seller to execute this agreement and consummate this sale; (b) a legal opinion of the attorney for Seller that Seller has been duly authorized to enter into this transaction and that this agreement is valid and binding and enforceable against Seller in accordance with its terms; (c) an affidavit stating there are no suits , claims, or causes pending or threatened under the provisions of the Illinois Liquor Control Act or Section 37 of the Illinois Criminal Code; and (d) cer- tificates which indicate there are no Uniform Commercial Code filings against Seller or Oak Brook Bath and Tennis Club, Inc. , an Illinois corporation, in the office of the Recorder of Deeds of Du Page County or the office of the Secretary of State of Illinois which would be a lien on the real estate or the personal property involved in the transaction pursuant to this agreement. -11- (ii) If Seller fails to provide either of the items set forth in paragraph 9 (C) (i) above, then Purchaser may elect, by written notice delivered to Seller, to terminate this agreement, and upon such termination neither party shall have any further rights or obligations hereunder. 10 . Easements , Reservations and Restrictions (A) At closing, Seller shall reserve for the benefit of all of the lands designated by Seller, certain easements for (1) access, ingress and egress , (2) installation and maintenance of utilities and (3) maintenance of water lines, water channels , and related facilities , all of which shall be made a part of the deed in the form set forth on Exhibit G. Such easements shall be of per- petual duration, shall run with the land, and shall be binding upon Purchaser, as grantee, and its successors , and assigns . (B) The deed to be delivered hereunder shall contain restric- tions and limitations on (1) the use to which the property may be put, (2) the construction of additional buildings, structures and facilities on the property, and (3) the partition or division of the property, and the sale or conveyance of less than all of the property, all as set forth on Exhibit H, provided that during the life of Paul Butler, no such construction shall be undertaken without his prior written consent which shall not be unreasonably withheld. Such restrictions and limitations shall be covenants running with the land for the duration stated in said Exhibit H and shall be enforceable both at law and at equity by Seller, its successors and assigns, its shareholders , and by any individual resident of the Village of Oak Brook. (C) From and after the closing, Seller shall have the right to use those certain portions of the property designated on the -12- plat of survey attached hereto as Exhibit F on the terms , for the purposes, and for the considerations hereinafter set forth. Seller shall incorporate the reservations below as covenants to be contained in the deed to be delivered hereunder. (1) Polo Activities Seller , its successors, assigns and designees shall have, during the life of Paul Butler, the right to use, or cause to be used by the Oak Brook Polo Club, polo playing fields and related areas as described on Exhibit I for polo practice and games (but for games only, as to the areas commonly referred to as Polo Fields No. 1 and No. 2) between June 1 and October 1 of each year, in accordance with a schedule to be agreed upon between Seller and Purchaser prior to April 1 of each year. Seller shall have the right to operate concessions, and retain revenues there- from, in connection with polo games. Seller or the Oak Brook Polo Club shall pay the total cost, relating to such uses by Seller or by the Oak Brook Polo Club of said polo fields and other open field areas of necessary (i) repair and maintenance of bleachers , grandstands, and other structures, (ii) special maintenance of the fields for polo use, over and above basic maintenance , and (iii) special preparation and clean-up of fields and adjacent utilized areas. Such uses shall be subject to the following condi- tions : (a) Insurance. Seller agrees to maintain compre- hensive general public liability insurance (including contractual) insuring Purchaser (who shall be a named insured) against claims for death, bodily injury and personal property damage occurring upon, in or about the polo fields and adjacent areas, such insurance to afford protection to the limit of not less than the following limits: -13- (i) Personal injury $500 ,000 one person and death $500 ,000 more than one (ii) Property damage $100 ,000 (iii) Umbrella $3,000 ,000 per occurrence Seller also agrees to maintain dram shop insurance in- suring Purchaser (who shall be a named insured) against claims for death, bodily injury, loss of support, and property damage as a result of the sale of wine, beer or liquor by Seller or its designee upon, in or about the polo fields and adjacent areas , such insurance to afford protection to the limit of not less than the following limits : (iv) Personal injury $100 ,000 one person and death $300 ,000 more than one (v) Property damage $100 ,000 (vi) Loss of support $100 ,000 (vii) Umbrella $3 ,000 , 000 per occurrence coverage Memoranda of such insurance accompanied by evidence of the premiums thereon shall be delivered to Purchaser prior to June 1 each year. (b) Indemnification. Seller, its successors and assigns, will undertake to obtain all necessary permits , if any, and agrees to, and does hereby, indemnify Purchaser against and in respect of all injury, loss , claims, damages, liabilities and expenses, including judgments, fines, court costs , and attorney' s fees , related to or arising out of or incident to the use of the aforesaid polo fields and adjacent areas or the failure to obtain such permits. -14- (2) Golf Practice Areas For so long as the area now used by the Butler National Golf Club is used for golf course purposes , the following shall apply: (a) Seller, its successors, assigns and designees shall have the right between April 1 and November 1 of each year to use the west half of the golf tee area at the south end of Polo Field No. 2 (shown as the southeasterly 80 feet of Parcel 6 on the attached plat of survey) for golf lesson and practice purposes on an exclusive basis , and the right to use Polo Field No. 2 (shown as Parcel 6 and Proposed Easement A on the attached plat of survey) for the same purposes on a non- exclusive basis (except during the Tournament Week, as hereinafter defined, during which such use shall be on an exclusive basis , and during which period Seller shall also be entitled to use the east half of said tee area (shown as Proposed Easement B on the attached plat of survey) on an exclusive basis) . Seller shall pay a rental charge of $3,360.00 for such use in 1978, which rental charge shall be increased or decreased each year thereafter (but never lower than $3 ,360 .00) by a percentage equivalent to the percentage change (hereinafter "the Percentage Change") in the index defined below for (a) the month of February of the year of such use, as compared with (b) the index for the month of February of the previous year. The "index", as used herein, shall mean the "Consumer Price Index-U .S. City Average; For Urban Wage Earners and Clerical Workers , All Items 1967=100" , prepared by the U.S. Department of Labor, Bureau of Labor Statistics, or, if said index is not then being published, the successor or the most nearly comparable successor index thereto; such rental charge shall be payable in seven (7) equal monthly installments beginning on April 1 of each year. _15- (b) Polo Use . Seller' s and Purchaser's use of Polo Field No. 2 for golf lesson and practice purposes shall be subject to the prior right of Seller and its designees to use said field for polo games between June 1 and October 1 , in accordance with paragraph 10 (C) (1) hereof. (c) Maintenance. In addition to the above rental charge, the user will also pay one-third (1/3) of all costs and expenses of maintaining the area being used, including, without limitation, seeding, mowing, irri- gating, fertilizing , draining and sodding., except that during the Tournament Week the user shall pay all of the costs and expenses of such maintenance , together with the costs of returning the property to the condi- tion in which it was prior to said user' s exclusive use during the Tournament Week. (d) Alternate Practice Area. If at any time Sellers use of Polo Field No. 2 for said purposes is temporarily restricted because of the maintenance or the polo game use thereof, Seller, its successors , assigns and designees, shall have. the_ right on a non=-exclusive basis; to use Polo Field No. 3 (shown as Proposed Easement G-1 on the attached plat of survey) for the purpose of golf lessons and practice for the period of each such restriction. (3) Golf Tournament Facilities . In connection with the holding of the Western Open Golf Tournament or any other major amateur or professional tourna- ment which may be held on the area now used as the Butler -16- National Golf Course (but for not more than one tournament in any calendar year) , Purchaser agrees that it, and its successors and assigns, will make available to Seller, or its designee , the following additional facilities during the period of each year designated by the Butler National Golf Club, or its successor, as the "Tournament Week" (here- inafter "Tournament Week") , not to exceed nine consecutive days : (a) Pavilion, -Concession and Administration Areas . As long as the areas (or any of them) used for a pavilion, for concession, or for administration purposes (proposed easement parcels F, C, and CC on the attached plat of survey) for the 1976 Western Open Golf tournament remain in an undeveloped state, each such area will be made available for purposes similar to such uses for the 1976 tournament. The areas will be made available for a period beginning fourteen (14) days prior to the Tournament Week and ending ten (10) days after the end of the Tournament Week. The user shall pay rental charges in the amount of $300 .00 for the pavilion area, $100.00 for the concession area, and $200. 00 for the administra- tion area, in 1978, which rental charges shall be in- creased or decreased each year thereafter (but never lower than $300.00 and $100.00 and $200. 00 , respectively) by a percentage equivalent to the aforesaid Percentage Change. (b) Parking Areas. As long as Purchaser, its successors and assigns, maintains portions of the property for open field sports use (excluding a developed golf course) , then such areas will be made -17- available for parking purposes during the Tournament Week. The user shall agree to cause to be paid to Purchaser a parking fee equal to the greater of (a) 25% of the parking charge, or (b) $0. 50 , for each automobile parked. (c) Conditions for Use of Golf Tournament Facilities. As a condition to the use of all of the areas set forth in paragraph 10 (C) (3) (a) and (b) : (i) Weather. Parking will be permitted only when in the reasonable opinion of Purchaser, the weather conditions are suitable for such parking. (ii) Insurance. User agrees to maintain comprehensive general public liability insurance (including contractual) insuring Purchaser (who shall be a named insured) against claims for personal property damage occurring upon, in or about the facilities , such insurance to afford protection to the limit of not less than the following limits : (i) Personal injury $500 ,000 one person and death $500 ,000 more than one (ii) Property damage $100 ,000 (iii) Umbrella coverage $3 ,000 ,000 per occurrence User also agrees to maintain dram shop insurance insuring Purchaser (who shall be a named insured) against claims for death, bodily injury, loss of support, and property damage as a result of the sale of wine, beer or liquor by Seller or its designee upon, in or about the pavilion area, such insurance to afford protection to the limit of not less than the following limits : -18-- (iv) Personal injury $100 ,000 one person and death $300 ,000 more than one (v) Property damage $100 ,000 (vi) Loss of support $100 , 000 (vii) Umbrella coverage $3 ,000 ,000 per occurrence memoranda of such insurance accompanied by evidence of the advance payment of the premiums thereon shall be delivered to Purchaser prior the use of such pro- perty. (iii) Indemnification. User will undertake to obtain all necessary permits, if any, and agree to indemnify Purchaser against and in respect of all injury, loss, claims , damages , liabilities and expenses , including judgments , fines, court costs , and attorney' s fees, related to or arising out of or incident to the use of the aforesaid facilities or the failure to obtain such permits. (iv) Maintenance . User agrees to maintain the pavilion, concession, administration and parking areas during the period of its use, in good order and in a clean and wholesome condition according to applicable ordinances and directions of health officers having proper legal authority, to pay all of the utility costs associated with its use of such areas and to surrender such prem- ises to Purchaser following such use, in substan- tially the same condition, ordinary wear and tear excepted, as such facilities were in prior to its use. -19- (v) Executive Course Reimbursement. If the holding of the Western Open Golf Tournament or any other major amateur or professional tournament which is held on the Butler Rational Golf Course renders the use of the Executive Golf Course impossible , User agrees to pay Purchaser for each day of such occurrence an amount equal to the lost greens fees (less any cost savings) for such days. (4) The parties understand and acknowledge that title to the two residential buildings ("the residences") located on the property on the north side of Oak Brook Road immediately east of Salt Creek is being conveyed to Purchaser as part of this transaction, and that in calculating the purchase price. set forth in paragraph 2 hereof, the residences have been included at a value of $0. 00 . For a period of 10 years from the date of closing (and for a period of 'Live (5) years thereafter at an annual rental of $4,800 , increased or decreased by a percentage equal to the aforesaid Percentage Change from February 1978) , Seller, its successors and assigns shall have, and 'hereby reserve, the exclusive right to use, possess and occupy the residences for residential purposes, together with such rights of access , ingress and egress and rights to maintain and use existing utilities , as are reasonably incident or necessary thereto, provided, however , that during such period of Seller' s use, Seller, its successors and assigns at its own cost and expense, shall (a) repair and maintain the residences , (b) pay for any utility service and taxes (if any) , and (c) maintain property and liability insurance coverage in amounts set forth as items 5, 7 and 9 of Exhibit J. At the end of the period of Seller' s -20- use, Seller shall deliver the residences to Purchaser in substantially the same condition and repair as existed on the date of closing, ordinary wear and tear and fire or other insured casualty excepted, provided that if the residences have been damaged or destroyed by fire or other insured casualty and Seller has not elected to repair or rebuild, Purchaser shall be entitled to receive all insurance proceeds received on account of such damage. (5) Seller reserves the right, at any time within eight (8) years from the date of closing, to designate land located in parcels 5 and/or 7 , not to exceed in the aggregate 10 acres , (subject to the prior written consent of Purchaser as to the specific land to be designated, which consent will not be unreason- ably withheld) and to construct thereon at Seller ' s sole cost and expense, horse barns, stables , corrals and exercise ring as Seller shall deem appropriate, title to all of which improvements shall immediately upon completion of construction pass to Purchaser, without any cost to Purchaser. For a period of ten (10) years from the completion of such construction, Seller, its successors and assigns shall have, and hereby reserve, the exclusive right to use such barn, stable, corrals and ring, provided, however , that such construction and such use shall at all times be in compliance with all applicable laws and ordinances, and further provided, however , that during such period of Seller' s use, Seller, its successors and assigns at their own cost and expense , shall (a) repair and main- tain said facilities , (b) pay for any utility service and taxes (if any) , and (c) maintain property and liability insurance cover- age in the amounts set forth in items 5, 7 and 9 of Exhibit J. At the end of the period of Seller ' s use , Seller shall deliver said facilities to Purchaser in substantially the same condition and repair as existed on the date of completion of construction, ordinary wear and tear and fire or other insured casualty excepted, -21- provided that if the facilities have been damaged or destroyed by fire or other insured casualty and Seller has not elected to repair or rebuild, Purchaser shall be entitled to receive all insurance proceeds received on account of such damage. (D) At closing, Seller shall grant to Purchaser, for the benefit of the property being sold hereunder : (1) an easement for the maintenance of the existing water, sewer, gas and electric lines serving the Oak Brook Bath and Tennis Club, to the extent such lines run over portions of the land of Seller not being sold hereunder ; (2) the exclusive right to use the east bank of Salt Creek, north of the area now used by the Butler National Golf Club. (Proposed easement J on plat of survey. ) 11. Prorations and Closing Costs General real estate taxes , water and other utility charges , fuels, and other similar items shall all be prorated at, and as of, the date of closing. If the amount of the current general taxes is not then ascertainable , the adjustment thereof shall be on the basis of the amount of the most recent ascertainable taxes, and shall be reprorated on the basis of the actual bills, when issued. All prorations are final unless provided otherwise herein. Seller shall pay the amount of any stamp tax imposed by State law on the transfer of the title , and shall furnish a completed Real Estate Transfer Declaration signed by the Seller or the Seller 's agent in the form required pursuant to the Real Estate Transfer Tax Act of the State of Illinois. Seller shall pay for the cost of the title commitment as provided above, and for any recording costs necessary for clearing title. Purchaser shall pay for the cost of recording the deed hereunder, and for the cost of later-dating the title commitment to cover the date of such recording. -22- 12. Notices. All notices to be given hereunder shall be in writing and shall be served on the parties at the following addresses : If to Purchaser: Copy to: Village Manager President of the Village Village of Oak Brook of Oak Brook, and Attorney 1200 Oak Brook Road for the Village , at such Oak Brook, Illinois addresses as are designated in writing by Purchaser If to Seller: Copy to: Paul Butler David M. Gooder Butler Company Lord, Bissell & Brook 1000 Oak Brook Road 115 S. LaSalle Street Oak Brook, Illinois Chicago, Illinois The mailing of a notice by registered or certified mail, return receipt requested, shall be sufficient service. 13. Oak Brook Bath and Tennis Club The land and improvements comprising the Oak Brook Bath and Tennis Club are included in. the property being sold hereunder. Seller shall, at closing , pay off, satisfy, and release any mort- gage currently existing on any part of such property. Seller represents and warrants that all costs of construction of said improvements have been fully paid for, and Seller shall indemnify and hold Purchaser harmless from any claim or lien resulting from or arising out of the failure to have fully paid any and all con- tractors , subcontractors or materialmen for such construction. At closing, Purchaser shall assume the obligation of Oak Brook Bath and Tennis Club to refund to each - charter member of said Club eighty percent ( 80%) of the initial membership fee originally deposited by such member, in accordance with the rules and regu- lations of the Oak Brook Bath and Tennis Club, not to exceed -23- however the sum of $50, 000 and Purchaser shall indemnify and hold Seller and Oak Brook Bath and Tennis Club harmless from or against any claims for such refunds made by such members , the scope of this indemnification being strictly limited to a sum not to exceed $50,000 . la . Default Except as otherwise expressly provided elsewhere in this agree- ment, in the event of default hereunder by either party, either prior to or after closing, each party shall have all those rights and reme- dies against the other party available either at law or at equity. 15. Operations Prior to Closing Seller covenants and agrees that from the date hereof until the closing, Seller will (i) carry on the activities of the Oak Brook Bath and Tennis Club and the Executive Golf Course, and maintain the property and all appurtances and improvements thereto , in substantially the same manner as heretofore; (ii) not enter into any contract not terminable after closing on thirty (30) days notice or less or amend any contract to which it is now a party or waive any rights or release any claims under any such contract except in the normal and ordinary course of business; (iii) not sell or voluntarily dispose of any part of the property , real or personal, or any improvement thereon or appurtenance thereto with a value in excess of $5 ,000 except in the normal and ordinary course of business and with the prior written consent of Purchaser which will not be unreasonably withheld . -24- (iv) not incur any indebtedness except in the normal and ordinary course of business, all of which indebtedness shall be paid or otherwise provided for prior to closing, nor voluntarily subject any of the property, appurtenances thereto, improvements thereon or personal property used in maintenance or operation thereof to any lien or encumbrance other than the lien of property taxes not yet due; (v) keep in effect and undiminished the insurance now in effect on the property and said operations as set forth in Exhibit J. 16. Miscellaneous (a) The parties hereto agree that this agreement constitutes their entire agreement, and that there are no other agreements or understandings , oral or written, between the parties hereto, except as recited herein, and except that certain Management Agreement of even date herewith. (b) No amendment of this agreement shall be valid unless in writing and signed by the parties hereto. (c) This agreement shall inure to the benefit of, and shall be binding upon the parties hereto and their respective heirs , devisees, personal representatives , successors and assigns. (d) All of the covenants contained herein shall survive the closing, and shall not merge in the deed. (e) The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this agreement. (f) Time is of the essence of this agreement. (g) This agreement may not be assigned or otherwise trans- ferred by either party without the other party' s prior written consent, and any such attempted assignment without such consent shall be null and void, provided, however, that this provision shall not apply to an assignment or transfer by Seller (or any -25- I permitted assignee or transferee) which is (i) part of a liqui- dation, dissolution or reorganization of Seller or any permitted corporate assignee or transferee, (ii) to a wholly owned or majority controlled subsidiary of the Seller or any permitted corporate assignee or transferee, (iii) to Paul Butler, his estate , or a trust of which the beneficiaries are the natural objects of his bounty or (iv) part of the distribution of his estate. (h) This agreement shall be construed in accordance with the laws of the State of Illinois . (i) Captions or headings in this agreement are for con- venience only and shall not be deemed to limit, affect or alter the meaning, scope or intent of the provisions hereof. (j ) All rights, privileges and remedies afforded the parties by this agreement shall be deemed cumulative and not exclusive, and the exercise of any one of such remedies shall not be deemed to be a waiver of any other right , remedy or privilege provided for herein or available at law or equity. (k) Seller represents and certifies that the financial statements attached hereto as Exhibit K are true and correct copies of the departmental financial statements prepared, used, and relied on in the ordinary course of business by Seller for the operation of the Executive Golf Course and the Oak Brook Bath and Tennis Club for the calendar years 1974 , 1975 , and 1976 , and, subject to the fact that such financial statements do not include certain general management, administrative and accounting expenses incurred in connection with the operation of such facilities , said financial statements present fairly and accurately the results of the operations of said departments for said years. -26- (1) Seller, for itself, its successors, assigns, grantees, and designees covenants and agrees with the Village its successors, and assigns , that neither it nor its successors, assigns , grantees or designees will ever at any time, present or future, sue, make claim or take any action whatever against the Village, its successors or assigns or its officers , employees, representatives or agents for or on account of the termination, restriction or suspension of any or all of the easements , reservations , or restrictions provided in Paragraph 10 (B) or (C) of this agreement resulting from the entry of a final order or judgment of a court of competent jurisdiction in this regard, provided that any action seeking any such relief shall have been contested in good faith by Purchaser; and provided further that if Seller, its successors, or assigns shall so request, Purchaser will use its best efforts to assist Seller, its successor or assigns in intervening as an additional party defendant in any such action; and provided further that in the event of the entry of any such final order or judgment which shall terminate or substnatially alter the rights reserved under paragraph 10 (C) (2) , then Butler National Golf Club, an Illinois not-for-profit corporation, if it is still operating a golf course on the property now so used by it, shall have an option to purchase Parcel 6 or acreage equivalent in size, shape and location, agreed upon prior to closing, for the price and upon the terms and conditions set forth in Exhibit h hereto. (m) Seller, on behalf of itself, its successors and assigns agrees to, and does hereby indemnify Purchaser against any loss occasioned by reason of Seller' s failure to comply with the -27- Uniform Commercial Code - Bulk Transfers, in force and effect in the State of Illinois. (n) Seller, on behalf of itself, its successors and assigns , represents and warrants as of Closing that it knows of no ease- ments, or claims of easements , not of public record. IN WITNESS WHEREOF, the parties have executed this instrument on the date first above written. SELLER: PURCHASER: THE BUTLER COIIPA14Y VILLAGE OF OAK BROOK By : /s/ Paul Butler By /s/ George B. Howell _ resident President ATTEST: /s/ David M. Gooder fG/ Marianne Lakosil Asst. Sec'y. Clerk SEAL SEAL -28- Y1 "' Y Y Uniform Commercial Code - Bulk Transfers , in force and effect in the State of Illinois. IN WITNESS WHEREOF, the part es have executed this instrumeift on the date first above written. SELLER: PURCHASER: THE BUTLER COMPANY VILLAGE OF OAK BROOK By: ,�t..9 t,.,+` BY ATTEST:' 4- LLL/ Cam}--��.►_� � ,, -28- EXHIBIT A Legal Description of NIGAS Surface Rights That part of Lot 14 in Northern Illinois Gas Co. , York Town- ship Assessment Plat No. 1 in the Northwest Quarter in Section 25, Township 39 North, Range 11, East of the Third Principal Meridian, recorded August 4 , 1968 as Document No. R64-28042 in the Office of the Recorder of Deeds, DuPage County, Illinois , lying East of the center thread of Salt Creek in DuPage County, Illinois. EXHIBIT A EXHIBIT B Legal Description of Sports Core Property (All Parcel References are to that certain Survey prepared by Consoer, Townsend and Associates and described as Order No. 77-05-57 dated May 24 , 1977) - 1 - EXHIBIT B PARCEL 3-A That part of lot 1 in Plat of Lands of F .O. and J.F. Butler, Town of York, Du Page County, Illinois , of parts of Sections 25 and 26 , Township 39 North, Range 11, East of the Third Principal Meridian, according to plat thereof recorded February 13 , 1912 per Document No. 107037 falling within the following described tract of land: Commencing at the most Southerly corner of Jorie Blvd. as dedicated in Corporate Plaza Subdivision Unit One, as per Plat thereof recorded October 14 , 1970 as Document No. R70-37311, and vacated per Plat of Vacation recorded April 28 , 1972 as Document No. R72-21725; thence North and East along the Southerly lines of Jorie Blvd. as dedicated per Document No. R70-37311, the following three (3) curves, courses, and distances : (1) Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 474 feet, the chord thereof having a bearing of N. 630-00 '-55"E. , and a length of 428 . 48 feet, an arc - distance of 444 . 60 feet to a point of tangency; (2) thence N. 890-53 ' -10"E. , a distance of 1647. 75 feet to a point of curvature; (3) thence Northeasterly along an arc of a circle, being convex to the Southeast, having a radius of 574 feet, the chord thereof having a bearing of N. 590-03 ' -46"E. , and a length of 588 . 23 feet, an -arc - distance of 617 . 59 feet; thence S. 770-30 ' -42"E. , a distance of 254 . 41 feet; thence N. 680-11' -47"E. , a distance of 289 . 97 feet; thence S. 610-53 ' -15"E. , a distance of 174 . 11 feet to the place' of_ beginning; thence continuing S. 610-53 ' -15"E. , a distance of 609. 62 feet to the centerthread of Salt Creek; thence along the centerthread of Salt Creek the following seventeen (17) courses and distances : (1) N.210-031-27"E. , a distance of 101. 36 feet; (2) thence N. 190-48 '-47"W. , a distance of 35. 24 feet; (3) thence N. 72o.-33 '-30"W. , a distance of 85. 60 feet; (4) thence N. 250-59 '-25"W. , a distance of 33. 40 feet; (5) thence N. 200-34 ' -40"E. , a distance of 38 . 34 feet; (6) thence N. 470-491-29"E. , a distance of 21. 06 feet; (7) thence N. 750-04 '-19"E. , a distance of 41. 77 feet; (8) thence 5 . 620-24 ' -06"E. , a distance of 143. 64 feet; (9) thence 5 . 52°-51 ' -32"E. , a distance of 75. 20 feet; (10) thence S. 100-18 '-20"E. , a distance of 37. 78 feet; (11) thence S. 44o-37 '-42"E. , a distance of 54 . 08 feet; (12) thence S. 330-05 '-26"E. , a distance of 95. 57 feet; (13) thence S . 60-55 '-35"E. , a distance of 56. 01 feet; (14) thence S. 300-07 ' -42"W. , a distance of 50. 73 feet; (15) thence S. 600-56 '-59"W. , a distance of 65 . 64 feet; (16) thence S. 250-131-17"W. , a distance of 100. 92 feet; (17) thence S. 16o-22 ' -23"W. , a distance of 60. 82 feet; thence S. 540-58 '-35',E. a distance of 401. 35 feet; thence S. 170-53 ' -13"E. , a distance of 340. 40 feet; thence S. 500-201 -30"E. , a distance of 125 . 30 feet to a point of curvature; thence Southerly along an arc of a circle, being convex to the Northeast, having a radius of 210 feet, the chord thereof having a bearing of S . 170-16 '-36"E. , and a length of 229. 15 feet, an arc - distance of 242 . 38 feet to a point of tangency; thence S. 150-47 '-18"W. , a distance of 56. 90 feet, more of less, to a point which is 69. 89 feet N. 15°-47 '-18"E. of a point on the South line of the Northwest 4 of Section 25 , aforesaid, which point is 729. 61 feet S . 890-44 '-33"W. of the center of said Section 25; thence , S. 750-351-00"E. , a distance of 114 . 63 feet, more or less, to a point which is 600 feet S. 870-50 '-40"6V. of a point on the North and South 4 line of Section 25, aforesaid, which point is 58 feet N. 00-00 ' -34"E. of the center of said Section 25; thence N. 870-50 '-40"E. , a distance of 600 feet to said point on said North and South 4 line of said Section 25, which is 58 feet N. 00-00 '-34"E. of the center of said Section 25; thence N. 00-00 '-34"E. , along said North and South 4 line, a distance of 1600.33 feet, more or less, to a line drawn parallel with the North line of the NW4 of said Section 25, and passing through the most Southerly corner of York Road (SA-8) as EXHIBIT B -2- dedicated per Plat thereof, recorded October 10, 1961 as Document No. R61-25687; thence S . 890-37 'W. along said parallel line to the most Southerly corner of York Road as dedicated per Doc.. No. R61-25687 , a distance of 33. 00 feet; thence N.160-09 ' -49"W. along the Southwesterly line of said York Road, a distance of 150. 78 feet to the Southwest corner of York Road (SA-8) as per Plat of dedication recorded October 10, 1961 as Document No. R61-25688; thence N. 00-00 ' -34"E. along the West line of York Road as dedicated per Document No. R61-25688 , a distance of 705. 00 feet to the South line of lot 14 in Northern Illinois Gas Company York Township Assessment Plat No. 1, per Plat thereof recorded August 4 , 1964 per Document No. R64-28042; thence S. 890-371 -0011W. along said South line of lot 14 , a distance of 1809. 59 feet, more or less, to a point which is 696 . 34 feet N. 890-37 ' -00"E. of the Northeast corner of Jorie Blvd. as dedicated in Corporate Plaza Subdivision Unit One, as per Plat thereof recorded October 14 , 1970 as Document No. R70-37311; thence S. 80-09 ' -30"W. , a distance of 413 . 98 feet; thence S. 30-38 ' -31"W. , a distance of 523. 54 feet, more or less, to the place of beginning (except that part thereof falling within the East 33 feet of the Nw',, of said Section 25 as now occupied for highway purposes (York Rd) and except therefrom that part thereof described as follows : Commencing at the North 4 corner of Section 25, aforesaid; thence S. 00-00 '-34"W. along the East line of the NW4 of said Section 25, a distance of 1199. 98 feet; thence N. 690-521-03"W. , a distance of 1072 . 09 feet to the place of beginning of said exception; thence S . 860-53 ' -01"E. , a distance of 235 . 18 feet; thence S. 20-311 -51"W. , a distance of 1105. 41 feet; thence S. 470-17 '-41"E. , a distance of 80 . 98 feet; thence 'S. 11 0-271 -29"E. , a distance of 32. 39 feet; thence N. 790-19 '-37"W. , a distance of 86. 69 feet; thence N. 30-371 -06"W. , a distance of 68 . 02 feet; thence N. 480-00 '-55"W. , a distance of 283.55 feet; thence N. 20-58 ' -19"E. , a distance of 931. 42 feet, more or less , to the place of beginning of said exception) all in Du Page County, Illinois . EXHIBIT B -3- PARCEL 3-B . That part of Section 25, Township 39 North, Range 11, East of the Third Principal Meridian and those parts of lots 2, 3, 6, 16 and 17 all in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois, as per Plat thereof, recorded February 13, 1912 as Document No. 107037, described as follows : Commencing at the center of Section 25, aforesaid; thence S .890-44 ' -33"W. along the South line of the NW4 of said Section 25, a distance of 937. 89 feet; thence S. 00-15 '-27"E. at right angles to last described line, a distance of 51. 80 feet; thence S. 890-44 ' -33"W. parallel with the North line of the SW4 of said Section 25, a distance of 790. 62 feet to the place of beginning; thence continuing S . 890-44 ' -33"W. along said parallel line, a distance of 898. 31 feet, more or less, to a point on the West line of the SW4 of said Section 25 , said point being 51. 80 feet S . 00-05 '-55"E. of the West 4 corner of said Section 25; thence S. 890-28 ' -02"W. , parallel with the North line of the SE4 of Section 26, Township and Range, aforesaid, a distance of 570. 75 feet to the centerthread of Salt Creek; thence Southerly along the centerthread of Salt Creek, the following sixteen (16) courses and distances: (1) S. 70-27 '-27"E. , a distance of 59. 91 feet; (2) thence S. 220-59 '-47"W. , a distance of 402. 00 feet; (3) thence S. 90-18'-58"W. , a distance of 100. 98 feet; (4) thence S. 10-41 ' -03"E. , a distance of 92 . 01 feet; (5) thence S . 50-43 '-56"E. , a distance of 102. 84 feet; (6) thence S . 120-54 '-23,"W. , a distance of 200. 81 feet; (7) thence S . 180-311-18"W. , a distance of 101 . 79 feet; (8) thence 5 . 300-37 '-59"W. , a distance of 164 . 77 feet; (9) thence S. 250-30 '-22"W. , a distance of 337. 84 feet; (10) thence 5. 130-30 ' -00"W. , a distance of 150. 00 feet; (11) thence S. 90-30 '-00"E. , a distance of 200. 00 feet; (12) thence 5 .180-30 '-00"E. a distance of 200. 00 feet; (13) thence S. 40-30 '-00"E. , a distance of 100. 00 feet; (14) thence 5 . 140-00100"W. , a distance of 100. 00 feet; (15) thence S. 270-0010011w. , a distance of 200. 00 feet; (16) thence S. 00-55 ' -32"E. , a di slZance of 217 . 97 feet, more or less , to a point on the South line of the SEQ of Section 26 , aforesaid, thence S. 89°-52 '-57"E. along the South line of said SEQ of Section 26 , a distance of 1076 . 63 feet, more or less, to the Southwest corner of the SWQ of Section 25, aforesaid, thence S. 890-56 '-07"E. along the South line of said SW4 of Section 25, a distance of 1311. 42 feet, more or less, to the Southerly extension of the West line of Westchester Park Subdivision (as monumented) a subdivision in the SW4 of Section 25, aforesaid, as per Plat thereof recorded November 13,1925 as Document No. 203037; thence N. 00-00 ' -34"E. along the West line of said Westchester Park Subdivision, as monumented, a distance of 663. 61 feet (663. 50 feet recorded) to the Northwest corner of said Westchester Park Subdivision; thence S. 890-56 '-07"E. along the North line of said Westchester Park Subdivision, as monumented, a distance of 1310. 24 feet (1311 feet recorded) to the North & South 4 line of Section 25 , aforesaid; thence N. 00-00 '-34"E. along said North & South 4 line, a distance of 1998. 45 feet, more or less, to the center of said Section 25; thence continuing N. 00-00 ' -34"E. , along said North & South 4 line, a distance of 58. 00 feet; thence S. 87°-50 '-40"W. , a distance of 600. 00 feet; thence N. 750-35 '-00"W. , a distance of 114 . 63 feet,- more or less, to a point Vhich is 69 . 89 feet N. 15°-47 ' -18"E. of a point on the South line of the Northwest 4 of Section 25, aforesaid, which point is 729 . 61 feet S. 89°-44 ' -33"W. of the center of said Section 25; thence S. 150-47 '-18"W. , a distance of 10. 00 feet to a point; thence 5 . 870-25 '-13"W. , a distance of 181. 47 feet; thence N. 810-521 -36"W. , a distance of 117. 15 feet; thence EYHIBIT B -4- 5. 860-55 '-10"W. , a distance of 179. 80 feet; thence S . 510-54 ' -ll"W. , a distance of 47 . 12 feet; thence S. 800-31 ' -54"W. , a distance of 507 . 98 feet, more or less, to the place of beginning, (excepting therefrom the following Seven (7) tracts of land: (1) (that part of Section 25, aforesaid, and also that part of lot 1 in Plat of Lands of F.O. and J.F. Butler, aforesaid, described as follows : Commencing at the center of Section 25 , aforesaid; thence N. 00-00 ' -34"E. along the North & South 4 line of said Section 25, a distance of 58. 00 feet; thence S . 870-50 '-40"W. , a distance of 600. 00 feet to the place of beginning of herein described exception; thence N. 750-351-00"W. , a distance of 114 . 63 feet, more or less , to a point which is 69 . 89 feet N. 150-47 '-18"E. of a point on the South line of the NW4 of Section 25, aforesaid, which point is 729. 61 feet S. 890-44 '-33"W. of the center of said Section 25; thence S . 150-47 ' -18"W. , a distance of 10. 00 feet to a point; thence S . 870-25 '-13"W. , a distance of 181. 47 feet; thence N. 810-52 '-36"W. , a distance of 117. 15 feet; thence S . 860-55`-10"W. , a distance of 179. 80 feet; thence S . 510-54 '-11"W. , a distance of 47. 12 feet; thence S . Oo-25 '-32"W. , a distance of 199. 87 feet; thence S. 880-Ol '-33"E. , a distance of 621. 34 feet; thence N. 20-00 ' -09"E. , a distance of 232. 85 feet, more or less, to the place of beginning of said exception,) (2) (that part of the SE4 of Section 26, aforesaid, being that part of lot 6 in Plat of Lands of F.O. and J.F. Butler, aforesaid, described as follows : Commencing at a point on the West line of the SW4 of said Section 25, said point being 51. 80 feet S. 0 0-05 ' -55"E. of the 'West 4 corner of said Section 25; thence S. 890-28 '-02"W. , parallel with the North line of the SE4 of Section 26, aforesaid, a distance of 570.75 feet to the centerthread of Salt Creek; thence Southerly along the centerthread of Salt Creek the following eight (8) courses and distances: (1) S. 70-27 '-27"E. , a distance of 59. 91 feet; (2) thence S. 220-59 '-47"W. , a distance of 402 . 00 feet; (3) thence S. 90-18 ' -58"W. , a distance of 100 . 98 feet; (4) thence S . 10-41 '-03"E. , a distance of 92. 01 feet; (5) thence S. 50-43 ' -56"E. , a distance of 102 . 84 feet; (6) thence S. 120-541-23"W. , a distance of 200 . 81 feet; (7) thence S . 180-31 '-18"W. , a distance of 101. 79 feet; (8) thence S. 300-371-59"W. , a distance of 164 . 77 feet to the place of beginning of herein described exception; thence continuing Southerly along the centerthread of Salt Creek, the following eight (8) courses and distances : (1) S . 250-30 ' -22"W. , a distance of 337. 84 feet; (2) thence S. 130-301-00"W. , a distance of 150 . 00 feet; (3) thence S. 90-30 '-00"E. , a distance of 200. 00 feet; (4) thence S. 180-30 '-00"E. , a distance of 200. 00 feet; (5) thence S . 40-30 ' -00"E. , a distance of 100. 00 feet; (6) thence S. 140-001-00 11W. , a distance of 100. 00 feet; (7) thence S. 270-00 '-00"W. , a distance of 200. 00 feet; (8) thence S. 00-55 '-32"E. , a distance of 217. 97 feet, more or less , to the South line of the SE4 of Section 26 , aforesaid; thence S.890-52 '-57"E. along the South line of said SE4j a distance of 338. 43 feet, more or less , to a point which is 738 . 20 feet N. 890-52 ' -57"W. of the Southeast corner of said Section 26 ' thence N. 60-13 ' -45"E. , a distance of 162 . 27 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 500 feet, the chord thereof having a bearing of N. 140=23 '-28"E.' and a length of 141. 97 feet, an arc - distance of 142 . 45 feet to a point of' tangency; thence N. 220-33 '-11"E. , a distance of 97. 15 - feet to a point of curvature; thence Northerly along an arc of a circle being convex to the East, having a radius of 200 feet, the chord thereof having a bearing of N. 70-47 '-37"E. and a lena_ th of 101. 90 feet, an arc - distance of 103. 04 feet to a point of tangency; EXHIB_I_T B _5_ thence N. 60-57 ' -57"W. , a distance of 63 . 07 feet to a point of curvature, thence Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 180 feet, the chord thereof having a bearing of N. 130-10 ' -58"E. and a length of 124 . 00 feet, an arc - distance of 126 . 60 feet to a point of tangency, thence N. 330-19 ' -54 "E. , a distance of 119. 70 feet; thence N. 290-49 ' -15"E. , a distance of 167. 16 feet; thence N. 310-40 ' -24"E. , a distance of 84 . 34 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Southeast, having a radius of 350 feet, the chord thereof having a bearing of N. 240-16 '-55"E. and a length Of 90 . 05 feet, an arc - distance of 90. 30 feet to a point of tangency; thence N. 160-53 '-26"E. , a distance of 13 . 86 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 250 feet, the chord thereof having a bearing of N. 320-43 '-28"E. and a length of 136 . 42 feet, an arc - distance of 138 . 18 feet, more or less, to a point which is 627 . 63 feet S. 680-21 ' -30"E. of the place of beginning of said exception; thence N. 680-21 ' -30"W. , a distance of 627.63 feet to the place of beginning of said exception),(3) (that part of the SW� of Section 25 , aforesaid and those parts of lots 6 and 16 in Plat of Lands of F.O. and J.F. Butler, aforesaid, described as follows : Commencing at a point on the West line of the SWk of Section 25, aforesaid, said point being 51. 80 feet S. 00-05 '-55 "E. of the West 4 corner of said Section 25; thence S. 890-28 '-02"W. , parallel with the North line of the SEA of Section 26, aforesaid, a distance of 570. 75 feet to the centerthread of Salt Creek; thence Southerly along the centerthread of Salt Creek the following five (5) courses and distances : (1) S. 70-27 '-27"E. , a distance of 59. 91 feet; (2) thence S. 220-59 '-47"W. , a distance of 402 . 00 feet; (3) thence S. 90-18 ' -58"W. , a distance of 100. 98 feet; (4) thence S . 10-41 '-03"E. , a distance of 92 . 01 feet; (5) thence S . 50-43' -56"E. , a distance of 76. 72 feet to the place of beginning of herein described exception; thence continuing Southerly along the centerthread of Salt Creek, the following four (4 ) courses and distances : (1) S. 50-43 ' -56"E. , a distance of 26. 12 feet: (2) -thence S. 120-54 ' -23"W. , a distance of 200. 81 feet; (3) thence S. 180-31 '-18 1'W. , a distance of 101. 79 feet; (4) thence S. 300-37 '-59"W. , a distance of 164 . 77 feet; thence S. 680-21 -30"E. , a distance of 627. 63 feet; thence N. 480-33 '-30"E. , a distance of 153. 00 _feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 260. 00 feet, the chord thereof having a bearing of N. 68o-23 ' -44"E. and a length of 176 . 46 feet, an arc - distance of 180. 04 feet to a point of tangency; thence N. 880-13 '-58"E. , a distance of 55 . 52 feet; thence N. 10-29 '-26"E. , a distance of 522. 13 feet; thence N. 890-52 '-57"W. , a distance of 772. 69 feet, more or less , to the place of beginning of said exception); (4) (that part of Section 25, aforesaid, and that part of lot 2 in Plat of Lands of F.O. and J.F. Butler, aforesaid, described as follows : Commencing at a point on the West line of the SW, of Section 25, aforesaid, said point being 51. 80 feet S . 00-05 '-55 "E. of the West k corner of said Section 25; thence S . 890-28 '-02"W. parallel with the North line of the SEn of Section 26 , 'aforesaid, a distance of 570. 75 feet to the centerthread of Salt Creek; thence Southerly along the centerthread of Salt Creek, the following eight (8) courses and distances : (1) S. 70-27 ' -27"E. , a distance of 59. 91 feet; (2) thence S. 220-59 ' -47"W. , a distance of 402 . 00 feet; (3) thence S . 90-18 ' -58"W. , a distance of 100 . 98 feet; (4) thence S. 10-41 '-03"E. , a distance of 92. 01 feet; (5) thence S. 50-43 ' -56"E. , a distance of 102. 84 feet; (6) thence S. 120-54 ' -23"W. , EXHIBIP B -6- a distance of 200. 81 feet; (7) thence 5 . 180-311 -181'w. , a distance of 101 . 79 :Feet; (8) thence S. 300-37 ' -59"W. , a distance of 164 . 77 fe'2t; thence 5. 680-21 ' -30"E. , a distance of 627. 63 feet; thence :. 180-3J ' -3O"E. , a distance of 1.53 . 00 feet to a point of curvat.ure; Lh(,nce Northeasterly along an arc of a circle, being convex to the Nlorthwest, having a radius of 260 . 00 feet, the chord thereof having a bearing of 1,1. 680-23 ` -44"E, and a length of 176 . 46 feet, an arc - distance of 180. 04 feet to a point of tangency; thence N. 880-13 ' -58"E. . a distance of 55 . 52 feet, to the place of the beginning of herein <?esc.ribed exception, then;;^e N. 10-29 ' -26"E. , a distance of 522 . 13 �r t. thence N . 890-5 ' -57"W. a -Ii.stance of IP0 . 00 feet; thence a distance of 320 . 18 feet; thence S . 390-05 ' -14 " , distance or 791. 60 feet; thence S. 00 -52w. , a distance of 4 44 . 29 feet; t -ience S. 12"-38 '-25"11 . , a distance of 319 . 50 feet; thence 5 . 87 -53 ' -35".7. , a distance of 83 . 29 feet; thence S. 790 -31 ' -25"W. , a distance of 353 . 02 feet; thence S. 88° -13 ' - 58"W. , a distance of 206 . 50 feet, more or less , to the Place o_ o said e_;ception) ; (5) (the South 33 feet -thereof falling within Section 26 , aforesaid, as now occupied for highway Turposes (31st Street)); (6) (that part thereof falling within _ Section 25 , aforesaid, and lying South of a line 33 feet North of, as measured at .right angles to and parallel with the centerline of 31st St. , as now occupied for highway purposes (31st Street) ; and except, (7) (-the East 33 feet thereof, as now occupied for highway purposes (York Rd. ) ) , all in Du Page County, Illinois . EXHIBIT B -7- PARCEL 4 That part of Section 25, Township 39 North, Range 11, East of the Third Principal Meridian and also that part of lot 1 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois, according to Plat thereof recorded February 13, 1912 per Document No. 107037 , falling within a tract of land described as follows : Commencing at the center of Section 25, aforesaid; thence N. 00-00 '-34"E. along the North & South 4 line of said Section 25, a ,distance of 58 . 00 feet; thence S . 870-50 '-40"W. , a distance of 600. 00 feet to the place of beginning; thence N. 750-351-00 11W. , a distance of 114 . 63 feet, more or less, to a point which is 69 . 89 feet N. 150-47 ' -18"E. of a point on the South line of N,a4 of Section 25, aforesaid, which point is 729. 61 feet S. 890-44 ' -33"W. of the center of said Section 25; thence S. 150-47 '-18"W. , a distance of 10. 00 feet to a point; thence S. 870-25 ' -13"w. , a distance of 181. 47 feet; thence N. 810-52 '-36"W. , a distance of 117.15 feet; thence S. 860-55 ' -10"W. , a distance of 179. 80 feet; thence S. 510-54 ' -11"W. , a distance of 47. 12 feet; thence S . 00-25 '-32"W. , a distance of 199. 87 feet; thence S.880-Ol '-33"E. , a distance of 621. 34 feet; thence N. 20-00 '-09"E. , a distance of 232. 85 feet, - more or less, to the place of beginning containing 3. 4282 Acres, more or less, all in Du Page County, Illinois . EXHIBIT B -8- PARCEL 5 That pert of the SE14 of Section 26 , Township 39 North, Range 11, East of the Third Principal Meridian, being that part of lot 6 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois , according to Plat thereof recordod February 13 , 1912 per Document No. 107037 , falling within the following described tract of land: Commencing at a point on the West line of the SW-14 of said Section 25, said point being 51. 80 feet S . 00-05 1-55"E. of the West 4 corner of said Section 25; thence S . 890-28102"W. , parallel with the North line of the SE4 of Section 26 , aforesaid, a distance of 570. 75 feet to the centerthread of Salt Creel:; thence Southerly along the centerthread of Salt Creek the following eight (8) courses and distances : (1) S. 70-27 ' -27:"E. , a distance of 59. 91 feet; (2) thence S. 220-59 ' -47"TN. , a distance of 402 . 00 feet; (3) thence S. 90-18 ' -58"W. , a distance of 100 . 98; (4) thence S . 10-41' -03"E. , a distance of 92 . 01 feet; (5). thence S. 50-43 ' -56"E. , a distanc_ o` 102. 84 feet; (6) thence S . 120-54 ' -23"W. , a distance of 200 .81 feet: (7) thence S . 18o-31 ' -18"W. , a distance of 101. 79 feet; (8) thence S. 300-371 -59"1. , a distance of 164 . 77 feet to the place of beginning; thence continuing Southerly along the centerthread of Salt Creek, the following eight (8) courses and distances : (1) S. 250-301 -22"W. , a distance of 337 . 84 feet; (2) thence S. 130-30 ' -00"W. , a distance of 150. 00 feet; (3) thence S. 90-30 ' -00"E. , a distance of 200 . 00 feet; (4) thence S . 180-30 '-00"E. ,' a distance of 200. 00 feet; (5) thence S. 40-30 ' -00"E. , a distance of 100 . 00 feet; (6) thence S. 140-00 ' -00"W. , a distance of 100. 00 feet; (7) thence S. 270-00 ' -00" W. , a distance of 200. 00 feet; (8) thence S . 00-55 ' -32"E. , a distance of 217 . 97 feet, more or less , to the South line of the SE4 of Section 26 , aforesaid; thence S . 890-52 ' -57"E. along the South line of said SE , a distance of 338 . 43 feet, more or less , to a point which is 738 . 20 feet N. 890-52 ' -57"W. of the Southeast corner of said Section 26 ; thence N. 60-13'-45"E. , a distance of 162 . 27 feet to a point of cu-_rvature; thence Northeasterly along an arc of circle, being convex to the Northwest, hiving a radius of 500 feet, the chord thereof having a bearing of N. 140-23 '-28"E. and a length of 141. 97 feet, an arc - distance of 142 . 45 feet to a point of tangency; thence N. 220-33 '-11"E. , a distance of 97. 15 feet to a point of curvature; thence Northerly along an arc of a circle, being convex to the East, having a radius of 200 feet, the chord thereof having a bearing of N. 70-47 ' -37"E. and a length of 101 . 90 feet, an arc - distance of 103 . 04 feet to a point of tangency; thence N. 60-57 ' -57"W. , a distance of 63 . 07 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 180 feet, the chord thereof having a bearing of N. 130-10 ' -58"E. and a length of 124 . 00 feet, an arc - distance of 126. 60 feet to a point of tangency; thence N. 330-19 ' -54"E. , a distance of 119. 70 feet; thence N. 290-49 '-15"E. , a distance of 167. 16 feet; thence N. 310-40 ' -24"E. , a distance of 84. 34 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Southeast, having a radius of 350 feet, the chord thereof having a bearing of N. 240-16 '-55"E. and a length of 90. 05 feet, an arc - distance of 90. 30 feet to a point of tangency; thence N. 160-531-26"E. , a distance of 13 . 86 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 250 feet, the chord thereof having a bearing of N. 320-43 ' -28"E. and a length of 136. 42 feet, an arc - distance of 138 . 18 feet, more or less, to a point which is 627. 63 feet S . 680-21 ' -30"E. of the place of beginning; thence N. 6g0-21' -30"W. , a distance of 627. 63 feet to the place of beginning, (except the South 33 feet thereof, as now occupied for highway purposes (31st Street) ) all in Du Page County, Illinois . EXHIBIT B -g- PARCEL 6 That part of lot 1 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois , of parts of Sections 25 and 26 , Township 39 North, Range 11, East of the Third Principal Meridian, according to plat thereof recorded February 13, 1912 per Document No. 107037, falling within the following described tract of land: Commencing at the North n corner of Section 25, aforesaid; thence S. 00-00 ' -34"W. along the Fast line of the NW4 of said Section 25, a distance of 1199. 98 feet; thence N. 690-52 '-03"W. , a distance of 1072. 09 feet to the place of beginning; thence S . 860-53 ' -01"E. , a distance of 235. 18 feet; thence S. 20-31 ' -51"W. , a distance of 1105. 41 feet; thence S. 470-17 ' -41"E. , a distance of 80. 98 feet; thence S . 110-27 ' -29"E. , a distance of 32. 39 feet; thence N. 790-19 ' -37"W. , a distance of 86. 69 feet; thence N. 30-37 ' -06"W. , a distance of 68 . 02 feet; thence N. 480-00 '-55"W. , a distance of 283. 55 feet; thence N. 20-58 ' -19"E. , a distance of 931. 42 feet, more or less, to the place of the beginning containing 5 . 7557 Acres , more or less, all in Du Page County, Illinois. t EXHIBIT B -10- PARCEL 7 That part of the SW,- of Section 25 , Township 42 North, Range 11, East of the Third Principal Meridian and also those parts of lots 6 and 16 in Plat of Lands of F.O. and J.F . Butler, Town of Yo-rk, Du Page County, Illinois, according to Plat thereof recorded February 13, 1912 per Document No. 107037 , falling within the following described tract of land : Commencing at a point on the West line of the SV?4 of Section 25 , aforesaid, said point being 51. 80 feet S . 00-05 ' -55"E. of the West 4 corner of said Section 25; thence S.890-281 -02"W. , parallel with the North line of the SE4 of Section 26 , aforesaid, a distance of 570 . 75 feet to the centerthread of Salt Creek; thence Southerly along the centerthread of Salt Creek the following five (5) courses and distances : (1) S. 70-27 '-27"E. , a distance of 59 . 91 feet; (2) thence S. 220-59 ' -47"W. , a distance of 402. 00 feet; (3) thence S. 90-18 ' -58 "W. , a distance of 100 . 98 feet; (4) thence S. 10-41 ' -D3"E. , a distance of 92. 01 feet; (5) thence S . 50-43 ' -56"E. , a distance of 76 . 72 feet- to the place of beginning; thence continuing Southerly along the centerthread of Salt Creek, , the following four (4) courses and distances : (1) S. 50-43 ' -56"E. , a distance of 26 . 12 feet; (2) thence S . 120-54 ' -23"W. , a distance of 200 . 81 feet; (3) thence S . 180-31 '-18"W. , a distance of 101. 79 feet; (4) thence S. 300-37 '-59"W. , a distance of 164 . 77 feet; thence S. 680-21' -30"E. , a distance of 627.63 feet; thence N. 480-33 ' -30"E. , a distance of 153. 00 feet to a point of curvature; thence Northeasterly along an arc of a circle , being convex to the Northwest, having a radius of 260. 00 feet, the chord thereof having a bearing of N. 680-23 ' -44"E. and a length of 176 . 46 feet, an arc - distance o� 180 . 04 feet to a point of tangency; thence N. 880-13 ' -58"E. , a distance of 55 . 52 feet; thence N. 10-29 ' -26"E. , a distance of 522 . 13 feet; thence N. 890-52 ' -57"W. , a distance of 772. 69 feet, more or less , to the place of beginning, containing 11. 1157 Acres, more or less , all in Du Page County, Illinois . FY11IBIT B -11- PARCEL 8 That part of Section 25, Township 39 North, Range 11, East of the Third Principal Meridian, and also that part of lot 2 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Palle County, Illinois , according to Plat thereof recorded February 13 , :L912 per Document No. 107037 falling within the following :�escribed tract of land: Commencing at a point on the VIest line of the SWh of Section 25 , aforesaid, said point being 51. 80 feet S. 0°-05 ' -55"E. of the West z corner of said Section 25; thence S. 890-28 ' -02"W. , parallel with the North line of the SEA; of Section 26 , aforesaid, a distance of 570. 75 feet to the centerthread of Salt Creek; thence Southerly along the centerthread of Salt Creek, the following eight (8) courses and distances : (1) S. 7°-27 ' -27"E. , a distance of 59. 91 feet; (2) thence S . 220-59' -47"W. , a distance of 402. 00 feet; (3) thence 'S . 90-18 '-58"W. , a distance of 100 . 98 Feet; (4) thence S. 1°-41 ' -03"E. , a distance of 92 . 01 feet; (5) thence S. 5°-43 '-56"E. , a distance of 102 . 84 feet; (6) thence S. 12°-54 ' -23"W. , a distance of 200 . 81 feet; (7) thence S. 18°-31'-18"W. , a distance of 101. 79 feet; (8) thence o S. 30°-37 ' -59"W. , a distance of 164 . 77 feet; thence S. 68 -21 '-30"E. , a distance of 627. 63 feet; thence N. 4.8°-33 ' -30"E. , a distance of 153. 00 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 260. 00 feet, the chord thereof having a bearing of N. 68°-23' -44"E. and a length of 176. 46 feet, an arc -distance of 180. 04 feet to a point of tangency; thence N. 88°-13 ' -.58"E. , a distance of 55. 52 feet, to the place of beginning; thence N. 10-29 ' -26"E. , a distance of 522. 13 feet; thence N . 890-52 ' -57"W. , a distance of 100 . 00 feet; thence N. 1°-29 ' -26"E. , a distance of 320 . 18 feet; thence S- 890-05 '-14"j3. , a distance of 791 . 60 feet; thence .13. 00-52 '1,.T. , a distance of 444 . 29 feet; thence S.120-38 -25"'W. , a distance of 319. 50 feet; thence S . 870-53 ' -35"W. , a distance of 83 . 29 feet; thence S. 790-31 ' -25"W. , a distance of 353. 02 feet; thence S. 880-13 '-58"W. , a distance of 206 .50 feet, more or less , to the place of beginning,, containing 13. 2809 Acres, more or less , all in Du Page County, Illinois. r EXHIBIT B -12- LEGAL DESCRIPTION FOR PROPOSED EASEMENT "A" That part of lot 1 in Plat of Lands of F . O. and J. F . Butler, Town of York, DuPage County, Illinois , of parts of Sections 25 and 26 , Township 39 North, Range 11 , East of the Third Principal Meridian, according to plat thereof recorded February 13 , 1912 per Document No. 107037 , described as follows: Commencing at the North 4 corner of Section 25 , afore- said; thence S. 00-00 ' -34" W. along the North and South 4 line of said Section 25 , a distance of 1199 . 98 feet; thence N..690-52 ' -03"11. , a distance of 1072 . 09 feet, thence S . 860- 53 '-01"E. , a distance of 235.18 feet to the place of begin- ning; thence S. 20-311 -51"W. , a distance of 1105. 41 feet; thence S470-17 '-41"E. , a distance of 80.98 feet; thence N. 560-24 ' -39" E. , a distance of 199. 25 feet; thence N. 120-24 ' - 54"E. , a distance of 113 . 64 feet; thence N. 20-05 '-14"E. , a distance of 925 . 87 feet; thence N. 860-53 '-01"W. , a distance of 235. 18 feet, more or less, to the place of beginning, in DuPage County, Illinois. EXHIBIT B -13- . LEGAL DESCRIPTION FOR PROPOSED EASEMENT "B" That part of lot 1 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois, of parts of Sections 25 and 26, Township 39 North, Range 11 , East of the Third Principal Meridian, according to plat thereof recorded February 13 , 1912 per Document No . 107037 , described as follows: Commencing at the North ; corner of Section 25, afore- said; thence S. 00-00 ' -34"W. along the North and South 4 line of said Section 25 , a distance of 1199 . 98 feet; thence N. 690-52 ' -03"11. , a distance of 1072. 09 feet; thence S. 860-53 01"E . , a distance of 235. 18 feet; thence S. 2°-31 ' -51"W. , a distance of 1105 . 41 feet; thence S. 470-17' -41"E. , a distance of 80. 98 feet to the place of beginning; thence S.110-27 ' - 29"E. , a . distance of 32 . 39 feet; thence N. 560-24 ' -39"E. , a distance of 180 . 38 feet; thence N. 120-241 -54"E. , a distance of 43 .19 feet , more or less, to a point which is 199 . 25 feet N. 560-24 ' -39"E. of the place of beginning; thence S . 560-24 ' - 39"W. , a distance of 199: 25 feet to the place of beginning, in Du Page County, Illinois. EXHIBIT B -14- LEGAL DESCRIPTION FOR PROPOSED EASEMENT "C" That part of lot 1 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois, of parts of Sections 25 and 26 , Township 39 North, Range 711, East of the third Principal Meridian, according to plat thereof recorded February 13, 1912 per Document No. 107037, described as follows : Commencing at the North 4 corner of Section 25, afore- said; thence S . 00-00 ' -34"W. along the North and South 4 line of said Section 25 , a distance of 1199 . 98 feet,, thence N. 690- 521 -03"W. , a distance of 1072. 09 feet; thence S- 8650-53 '-01"E. , a distance of 235 . 18 feet; thence 5. 20- 31 '-51"W. , a distance of 1105 . 41 feet; thence S. 470-17 ' -41"E. , a distance of 80. 98 feet; thence S. 110-27 ' -29"E. , a distance of 32 . 39 feet; thence N. 790-19 ' -37"W. , a distance of 86 . 69 feet; thence N. 30- . 37 '-06"W. , a distance of 68. 02 feet; thence N. 480-001 -55 11W. , a distance of 202. 24 feet to the place of beginning; thence continuing N. 480-00 ' -55"W. , a distance of 81. 31 feet; thence N. 20-58 '-19"E. , a distance of 127 . 68 feet; thence N. 160-28 ' - 55"W. , a distance of 342. 02 feet; thence S. 540-151-29"W. , a distance of 64 . 33 feet to the centerthread of- Salt Creek; thence Southerly along the centerthread of Salt Creek the following six (6) courses and distances: (1) thence S. 330-05 ' 26 7E. , a distance of 74. 47 feet; (2) thence S. 60-551-35"E. , a distance of 56. 01 feet; (3) thence S. 300-07 ' -42"W. , a dis- tance of 50. 73 feet; (4) thence S. 600-561 -59 11W. , a distance of 65 . 64 feet; (5) .thence S. 250-13 '-17"W. , a -distance of 100. 92 feet; (6) thence S. 160-22 ' -23"W. , a distance of 60 . 82 feet; thence S. .540-58 ' -35"E. , a distance of 401. 35 feet; thence N.160-28 '-55"W. , a distance of 105. 80 feet, more or less, to the place of beginning, in Du Page County, Illinois. EXHIBIT B -15- LEGAL DESCRIPTION FOR PROPOSED EASEMENT "D" That part of lot 1 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois, of parts of Sections 25 and 26, Township 39 North, Range 11 , East of the Third Principal Meridian, according to plat thereof recorded February 13, 1912 per Document No. 107037 , described as follows: Commencing at the North , corner of Section 25, afore- said; thence S . 01-00 ' -34"W. , along the North and South a line of said Section 25 , a distance of 1199. 98 feet; thence N. 690-52 ' -03"W. , a distance of 1072. 09 feet; thence S. 860-53 ' - 01"E. , a distance of 235. 18 feet; thence S. 20-31' -51"W. , a distance of 1105. 41 feet; thence S470-17 ' -41"E. , a distance of 80 . 98 feet; thence S. 110-27 '-29"E. , a distance of 32 . 39 feet; thence N. 790-19 ' -37"W. , a distance of 86 . 69 feet; thence N. 30-371-06"W. , a distance of- 68 . 02 feet to the place of beginning; thence N. 48o-00 ' -55"W. , a distance of 20. 31 feet; thence S . 290-59 ' -23"W. , a distance of 42. 35 feet; thence S . 460-331 -20"E. , a distance .of 17..76 feet; thence N. 330-30 ' -07" E. , a distance of 42. 34 feet, more or less, to the place of beginning, in Du Page County, Illinois. EXHIBIT B -16- LEGAL DESCRIPTION FOR PORPOSED EASEMENT "E" That part of the SW 4 of Section 25, Township 39 North. Range 11, East of the Third Principal Meridian and that part of lot l in Plat of lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois, according to plat thereof recorded February 13 , 1912 per Document No. 107037, being a strip of land 80 feet wide and lying 50 feet North and 50 feet South of the following described centerline: Beginning at a point on the North and South 4 line of Section 25, aforesaid, which point is 58 feet N. 00-00 '-34"E. of the center of said Section 25 ; thence S . 870-50 ' -40"W. , a distance of 600 feet to a point "A" , so called for the purpose of identification in this description; thence N. 750-35 'W. , a distance of 114 . 63 feet, more or less, to a point of termin- ation which is 69. 89 feet N. 150-47 ' -18"E. , of a point on the South line of the NWa of said .Section 25, which point is 729 . 61 feet S. 89044 -33"W. of *the center of said Section 25, said Easement bounded on the East by a line drawn 33 feet West of, as measured at right angles to, and parallel with, the North and South 4 line.'of said Section 25 and the South 50 feet of said easement bounded on the West by.-a line drawn through point "A" , aforesaid, with a bearing of S.20-00 '-09" W. , and the North 50 feet of said easement being bounded on the West by a line drawn through the point of termination with a bearing of N. 150-47 '-18"E. , all in Du Page County, Illinois . EXHIBIT B -17- LEGAL DESCRIPTION FOR PROPOSED EASEMENT "F" That part of the SW� of Section 25, Township 39 North, Range 11 , East of the Third Principal Meridian and those parts of .lots 1 and 2 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois , according to plat thereof recorded February 13, 1912 per Document No. 107037 , described as follows : Commencing at the center of Section 25 , aforesaid; thence N. 00-00 ' -34"E. along the North and South 3 line of said Section 25 , a distance of 58 feet; thence S870-50 ' -40 W. , a distance of 600 feet; thence N. 750-35 'W. , a distance of 114 . 63 feet, more or less, to a point which is 69 . 89 feet N. 150-47 ' -18"E. of a point on the South line of the NWQ of said Section 25, which point is 729. 61 feet S. 890-44 ' -33"W. of the center of said Section 25; thence S.150-47 '-18"W. , a distance of10. 00 feet; thence S . 870-25 ' -13"W. , a distance of 181. 47 feet; thence N. 810-52 ' -36"W. , a distance of 117 .15 feet; thence S. 860-551 -10"1•7. , a distance of 179. 80 feet; thence S. 510-54 '-11"W. , a .distance of 47. 12 feet to the place of beginning; thence S. 00-25' -32"W. , a distance of 199 . 87 feet; thence N. 830-01 ' -33"W. , a distance of 400. 00 feet; thence N. 00-25 ' -32"E. , a distance of119 . 32 feet, more or less, to a point which is 405 . 89 feet S. 80o-31 '-54"W. of the place of beginning; thence N. 800-31 '-54"E. , a distance of 405. 89 feet to the place of beginning, all in Du Page County, Illinois. EXHIBIT B -18- LEGAL DESCRIPTION FOR PROPOSED EASEMENT "G-1" That part of the SWQ of Section 25, Township 39 North, Range 11, East of the Third Principal Meridian, and that part of lot 2 in Plat of Lands of F. O. and J.F. Butler , Town of York, Du Page County, Illinois, according to plat thereof recorded February 13 , 1912 per Document No. 107037 , described as follows: Comumenci::g at the center of Section 25, aforesaid, thence N. 00-00 ' -34"E. along the North and South 4 line of said Section 25, a distance of 58 feet; thence S. 870-50 ' -40"W. , a distance of 600 . 00 feet; thence N. 750-35 'W. , a distance of 114 . 63 feet, more or less, to a point which is 69. 89 feet N. 150-47 ' -18"E.. of a point on the South line of the N11% of said Section 25, which point is 729. 61 feet S. 890-44 -33"W. of the center of said Section 25, thence S. 150-47 ' -18"W. , a distance of 10 . 00 feet; thence S. 870-25 ' -13"W. , 'a distance of 181 .47 feet; thence N. 810-52 ' -36"W. , a distance of 117 . 15 feet; thence S. 860-55 ' -10" W. , a distance of 179. 80 feet; thence S . 510-541 -11"W. , a distance of 47 . 12 feet; thence S. 00725 ' -32"W. , a distance of 199 . 87 feet to the place of beginning; thence N. 880-O1 ' -33"W. , a distance of 491. 78 feet; thence S. lo-37 '-15"E. , a distance of 848.11 feet thence S. 850-18 ' -54"E. , a distance of 488 .13 feet; thence N. 00-25 ' -32"E. , a distance of 869 . 85 feet, more or less, to a point which is, 25. 47 feet S. 880-Ol ' -33"E. of the place of beginning; thence N. 880-Ol ' -33"W. , a distance of 25. 47 feet to the place of beginning, all in Du Page County, Illinois . i FXHIBI`_t' B -19- LEGAL DESCRIPTION FOR PROPOSED EASEMENT "G-2" That part of the SW4 of Section 25, Township 39 North, Range 11, East of the third Principal Meridian and those parts of lots 1 and 2 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois, according to plat thereof recorded February 13 , 1912 per Document No. 107037, being a strip of land 10 feet in width and lying 5 feet on each side of the following described centerline: Beginning at a point on the North and South 4 line of Sec- tion 25 , aforesaid, which point is 1250 . 34 feet N. 00-00 ' -34"E. of the center of said Section 25, thence S. 890-09 ' -08"W. , a distance of 161. 61 feet; thence S. 240-15 '-58" W. , a distance of 431 feet; thence S. 10-12' -58"W. , a distance of 298 .00 feet; thence S.90-57 ' -30"W. , a distance of 298 . 00 feet; thence S. 90- 35 '-28"11. , a distance of 273 . 00 feet; thence 5. 850-32 ' -28"W. , a distance of 284 . 49 feet; thence N. 880-43 ' -32 !W. , a distance of 250. 00 feet to a point "B" , so called for the purpose of iden- tification in this description; thence N. 130-07 ' -28"E. , a distance of 57 feet; thence N. 40-O0 ' -17"W. , a distance of 18 . 63 feet; thence N. 110-55 ' -17"W. , a distance of 60 . 21 feet; thence S. 11 0-551 -17"E. , a distance of 60. 21 feet; thence S. 4 0-00 ' -17" E. , a distance of 18 . 63 feet; thence S.130-07 '-28"W. , a distance of 57 . 00 feet to point "B" , aforesaid; thence 5. 330-O1 ' -37"W. f a distance of 93. 78 feet; thence S. 880-5l '-08"W. , a distance of 196 feet; thence N. 4°-58 ' -08"W. , a distance of 115.14 feet; thence S. 860-24 ' -37"W. , a distance of 226 . 86 feet; thence S. 830- 15 '-31"W. , a distance of 247. 00 feet; thence S. 370-37 '-55"W. , a distance of 339. 84 feet; thence S. 50-061 -40"E. , a distance of 207. 64 feet; thence S. 160-53' -02"E. , a distnace of 420. 00 feet; thence S . 570-22 ' -56"W. , a distance of 199 . 62 feet; thence N.760- 44 '-04"W. , a distance of 253 . 53 feet; thence N. 890-25 ' -34"W. , a distance of 70 feet to a point of termination of herein des- cribed centerline, (excepting therefrom that part thereof falling West of a line drawn at a bearing of N.1.50-47 '1-18"E. through a point on the South line of the NW4 of said Section 25, which point is 729, 61 feet S. 890-44 -33"W. of the center of said Section 25 and lying North of the following described line: commencing at a point on the South line of the NW4 of said Section 25, which point is 729 . 61 feet S. 890-44 '-33"W. of the center of said Section 25; thence N. 150-471 -18"E. , a distance of 59. 89 feet to the place of beginning of herein described line; thence S. 870-25 ' -13"W. , a distance of 181. 47 feet; thence N. 810-52 ' -36"W. , a distance of 117. 15 feet; thence S860-55'-10" W. , a distance of 179 . 80 feet; thence S.51°-54 `- II "W. , a distance of 47. 12 feet; thence S.800-32 ' -54"W. , a distance of 507 ..98 feet; thence S. 890-44 ' -33"W. , a distance of 898 . 31 feet, more or less, to a point of termination herein described line, said point of termination being on the West line of the SA of said Section 25, which is 51. 80 feet S. 00-051-55"E. of the West 4 corner of said Section 25) all in Du Page County, Illinois. EXHIBIT B -20- LEGAL DESCRIPTION FOR PROPOSED EASEMENT "H" That part of the SW14 of Section 25, Township 39 North, Range 11, East of the Third Principal Meridian and those parts of lots 1 and 2 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois , according to plat thereof reoorded February 13 , 1912 per Document No. 107037 , being a strip of land 10 feet in width and lying 5 feet on each side of the following described centerline: Beginning at a point on the North and South ; line of said Section 25, which point is 361. 34 feet N. 00-00 ' -34"E. .of the center of said Section 25; thence 5. 880-05 ' -41"W. , a distance of 982 . 29 feet; thence S. 0029 '-54"W. , a distance of 588 . 57 feet; -thence S. 800-221 -21 11W. , a distance of 46 . 54 feet; thence S. 530- 10 '-40"W. , a distance of 250. 40 feet; thence 5. 440-08 ' -24"W. , a distance of 298 . 49 feet; thence 5. 430-26 ' -07"W. , a distance of 371. 15 feet; thence S. 690-43 ' -50"W. , a distance of 264 . 52 feet; thence N. 870-27 ' -59"W. , a distance of 403 . 00 feet to a point of termination of herein described centerline, (excepting that part thereof_ falling Westerly and Northerly of the following -described line: Commencing at the most Southerly corner at Jorie Blvd. as dedicated in Corporate Plaza Subdivision Unit One, as per Plat thereof recorded October 14 , 1970 at Document No. R70-37311, and vacated per Plat of Vacation recorded April 28, 1972 as Document No. R72-21725; thence North and East along the Southerly lines of Jorie Blvd. as dedicated per Document No. R70-37311, the following three (3) curves , courses, and distances: (1) Northeast- erly along an arc of a circle, being convex to the Northwest, having a radius of 474 feet, the chord thereof having a bearing of N.630-00'-55" E. and a length of 428 . 48 feet, an arc-distance of 444 . 60 feet to a point of tangency; (2) thence N. 890-53 ' -10"E. , a distance of 1647 . 75 feet to a point of curvature; (3) thence Northeast- erly along an arc of a circle, being convex to the Southeast, having a radius of 574 feet, the chord thereof having a bearing Of N. 590-03 ' -46"E. a length of 588 . 23 feet, an arc- distance of 617. 59 feet; thence S . 77c-30 ' -42 "E. a distance of 254 . 41 feet; thence N. 680-11 ' -47"E. , a distance of289 . 97 feet; thence S. 61"-53 ' -15"E. , a distance of 783 .73 feet to the centerthread of Salt Creek; thence along the centerthread of Salt Creek the following seventeen (17) courses and distances : (1) N. 210-03 ' -27"E. , a distance of 101. 36 feet; (2) thence N. 190-48 '- 47"W. , a distance of 35. 24 feet; (3) thence N. 720-33 ' -30"W. , a distance of 85. 60 feet; (4) thence N. 250-59 ' -25"W. , a distance of 33. 40 feet; (5) thence N. 200-34 '-40"E. , a distance of 38: 34 feet; (6) thence N. 470-- 49 -29"E. , a distance of 21 . 06 feet; (7) thence N. 750-04 ' -19"E . , a distance of 41. 77 feet; (8) thence S. 620-24 '-06"E. , a distance of 143 .64 feet; (9) thence 5.520- 51 ' -32"E. , a distance of 75. 26 feet (10) thence S. 100-181-20:11E. , a distance of37. 78 feet; (11) thence S. 440-37 ' -42"E. , a distance of 54 . 08 feet; (12). thence S. 330-05 ' -26"E. , a distance of 95. 57 feet; (13) thence S. 60-55 '-35"E. , a distance of 56 . 01 feet; (14) thence S. 30°-07 ' -42"W. , a distance of 50. 73 feet; (15) thence S. 600- 56 ' -59"W. , a distance of 65.. 64 feet; (16) thence --S. 250- 13 ' -17"W. , a distance of 100. 92 feet; (17) thence S. 160-22 '-23" W. , a distance of 60. 82 feet; thence S. 540-58 ' -35"E. , a distance of 401. 35 feet; thence S. 170-53 ' -13"E. , a distance of 340. 40 feet; thence S. 500-20 '-30"E. , a distance of 125. 30 feet to a point of curvature; thence Southerly along an arc of a circle being con- vex to the Northeast, having a radius of 210 feet, the chord thereof having a bearing of S. 170-16 '-36"E. and a length of 229. 1.5 feet, an arc-distance of 242 . 38 feet to a point of tan- gency; thence S. 150-47 ' -18"W. , a distance of 66 . 90 feet, more or less, to a point which is 59 . 89 feet N. 150-47 ' -18"E. of a point on the South line of the Northwest k of Section 25 , aforesaid, which point is 729 . 61 feet 5. 890-44 '-33"ITT. of the center of said Section 25; thence S. 870-25 ' -13"W. , a distance of 181. 47 feet; thence N. 810-52 ' -36"W. , a distance of 117. 15 feet to a point of termination of herein described line) , all in Du Page County, Illinois. -21- EXHIBIT B LEGAL DESCRIPTION FOR PROPOSED EASEMENT "I" . That part of the SW; of Section 25, Township 39 North, Range 11, East of the Third Principal. Meridian and that part of lot l in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois , according to plat thereof recorded February 13, 1912 per Document No. 107037 , being a strip of land 10 feet in width and lying 5 feet on each side of the following described centerline : Commencing at the center. of Section 25 , aforesaid; thence S . 890-44 '-33"W. along the South line of the NW% of said Section 25, a distance of 729. 61 feet; thence DT. 150-47 ' -18"E. , a distance of 59. 89 feet; thence S . 870-25 ' -13"W. , a distance of 181. 47 feet; thence N. 810-52 ' -36"W. , a distance of 117. 15 feet; thence S. 860-551 -10"W. , a distance of 179. 80 feet; thence S. 510-54 '-11"W. , a distance of 32. 69 feet to the place of beginning of herein described centerline; thence S. 30-121 -16"W. , a distance of 15. 74 feet; thence S. 00-04 ' -15"W. , a distance of 635 . 86 feet; thence S. 00-51 '11. , a distance of 481. 13 feet; thence S . 00-09 ' -09"E. , a distance of 461. 24 feet; thence N. 820-28 ' -51"E. ., a distance of 142 feet; thence S. 820-28 '-51"W. , a distance of 713 feet to a point of termination of said centerline, all in Du Page County,. Illinois. i -22- EXHIBIT B LEGAL DESCRIPTION FOR EASES-!=NT "J" That part of Section 26 , Township 39 North, Range 11, East of the Third Principal Meridian and that part of lot 1 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois, of parts of Sections 25 and 26, Township 39 North, Range 11, East of the Third Principal .Meridian, according to plat thereof recorded February 13, 1912 per Document No. 107037 , falling within the following described -tract of land: Commencing at the most Southerly corner of Jorie Blvd. as dedicated in Corporate Plaza Subdivision Unit One, as per Plat thereof recorded October 14 , 1970 as Document No. R70-37311, and vacated per Plat of Vacation recorded April 28 , 1972 as Document No. R72-21725; thence North and East along the Southerly lines of Jorie Blvd. as dedicated per Document No. R70-37311, the following three (3) curves, courses, and distances: (1) Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 474 feet, the chord thereof having a bearing of N. 630-00 '-55"E. and a length of 428. 48 feet, an -arc-distance of 444 . 60 feet to a point of tangency; (2) thence N. 890-53 ' -10"E. , .a distance of 1647 . 75 feet to a point of curvature; (3) thence Northeast- erly along an arc of a circle, being convex to the Southeast, _ having a radius of 574 feet, the chord thereof having a bearing of N. 590-03 ' -46"E. and a length of 588 . 23 feet, an arc-distance of 617. 59 feet to the place of beginning; thence S.770-30 ' -42"E. , a distance of 254 . 41 feet; thence N. 680-1l ' - 47"E. , a distance of 289. 97 feet; thence S. 610-531-15"E. , a distance of 174 . 11 feet; thence N. 30-38 ' -31"E. , a distance of 523 .54 feet, more or less, to a point on a line which point is 413 . 98 feet S. 80-09 ' -30"V7. of a point on the south line of lot 14 in Northern Illinois Gas Company, York Township Assessment Plat No. 1, per plat thereof recorded August 4 , 1964 per Document No. R64-28042 , said point on said South line, being 696.34 feet N. 89037 ' -00"E. of the 1ortheast corner of Jorie Blvd. as dedicated in Corporate Plaza Subdivision Unit One , aforesaid; thence N. 80-09 ' -30"E. , a distance of 413 . 98 feet to a point on the South line of lot 14 in Northern Illinois Gas Company, York Township Assessment Plat No. 1, aforesaid; thence S. 890-371-00"1^7. along said South line, a distance of 696. 34 feet to the Northeast corner of Jorie Blvd. aforesaid; thence Southerly along the Easterly line" of Jorie Blvd as dedicated per Document No. R70-37311, the following two (2) courses, curves and distances: (1) S. 00-07 ' -59"E. , a distance of 625. 34 feet to a point of tangency; (2) thence Southwesterly along an arc of a circle, being convex to the Southeast, having a radius of 574 feet, the chord thereof having a bearing of S. 140-03 ' -12"«. and a length of 281.35 feet, an arc-distance of 284 . 24 feet to the place of beginning, (except that part thereof lying west of the centerthread of Salt Creek) in Du Page County, Illinois. i EXHIBIT B -23- LEGAL DESCRIPTION FOR PROPOSED EASEMENT "K" Those parts of the SW-, of Section 25 and the SE4 of Section 26 , Township 39 North, Range 11 , East of the Third Principal Meridian and that part of lot 6 in Plat of Lands F.O. and J.F. Butler, Town of York, Du Page County, Illinois, according to plat thereof recorded February 13 , 1912 per Document No. 107037 being a strip of land 20 feet wide, lying Easterly and Southerly of and adjacent to the following described line : Beginning at a point on the South line of the SE4 of said Section 26 , which point is 738 . 20 feet N. 890-52 '-57"W. of the Southeast corner of said Section 26; thence N. 60-13 '-45"E. , a distance of 162. 27 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the North:,:est, having a radius of 500 feet, the chord thereof having a bearing of N. 140-23 ' -28"E. , and a length of 141. 97 feet, an arc -distance of 142. 45 feet to a point of tangency; thence N. 220-33 ' -11"E. , a distance of 97 . 15 feet to a point of curvature; thence Northerly along an arc of a circle, being convex to the East, having a radius of 200 feet, the chord thereof having a bearing of N. 70-47 '-37"E. and a length of 101.90 feet, an arc - distance of 103 . 04 feet to a point of tangency; thence N. 60-57 ' -57"W. , a distance of 63.07 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 180 feet, the chord thereof having a bearing of N. 130-10 '-58"E. and a length of 124 . 00 feet, an arc distance of 126 . 60 feet to a point of tangency; thence N.330-191 -54"E. , a distance of 119. 70 feet; thence N. 290-49 '-15"E. , a distance of 167 . 16 feet thence N. 310-40 ' -24"E. , a distance of 84 . 34 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Southeast, having_ a radius of 350 feet, the chord thereof having a bearing of N. 240-16 ' -55"E. and a length of 90. 05 feet, an arc - distance of 90. 30 feet to a point of tangency; thence N. 160-53 ' -26"E. , a distance of 13. 86 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 250 feet, the chord thereof having a bearing of N. 320-43 ' -28"E. and a length of 136. 42 feet, an arc - distance of 138 . 18 feet , to a point of tangency; thence N. 480-33 ' -30"E. , a distance of 153. 00 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 260 feet, the chord thereof having a bearing of N. 680-23 ' -44"E. and a length of 176. 46 feet, and arc - distance of 180. 04 feet to a point of tangency; thence N. 880-131 -58"E. , a distance of 262 . 02 feat; thence N. 790-31' -25"E. , a distance of 353. 02 feet; thence N. 870-53 ' -35"E. , a distance of 83. 29 feet to a point of termination of said 1 i ne, said :20 feet strip of ,land being bounded on the South by the South line of the SE4 of said Section 26 , and being bounded on the East by a line drawn through the point of termination with a bearing of S.120-38 ' -25"W. , all in Du Page County, Illinois. EXHIBIT B -24- LEGAL DESCRIP'T'ION F0= P?.OPOSED EASEMENT "CC" That Dart of lot 1 in Plat of Lands of F.O. and J.F. Butle--, Town of York, Du Paqe County, Illinois , of parts of Sections 25 and 26 , Township 39 north, Range 11, East of the Third Principal n ridian, according to plat thereof recorded February 13 , 1912 per Document No. 107037 , falling within the following described tract of land: Commer_cing at the North h corner of Section 25, aforesaid; ence S. G°-0J ' -34"41. along the East line of the NI -Vy of said S�,ction 25 , a distance of 1199 . 98 feet; thence N. 690-52 ' -03".9. , a di--,tance o 1072 . 03 feet; thence 5 . 360--.53 ' -171"E. , a distance of 235. 18 feet; thenca S . 20-31 ' -51" ?. , a distance of 1105. 21 F^mot; thence 5 . 470-17 ' -41"E . , a distance of 80 . 98 feet; thence S . 110-271 -29"E. , a distance of 32 . 39 feet to the place of be- ginning; thence N. 7p0-19 ' -37"W. , a distance of 186 .13 feet; thence S. 170-53 ' -13"E. , a distance of 252 . 87 feet; thence N. 270 02 ' -35"E . , a distance of 231. 48 feet, more or less to -the place of beginning, in Du Page County, Illinois . r -25- EXHIBIT B LEGAL DESCRIPTION FOR WESTCHESTER LOTS: Lots 1 through 29 , both inclusive, and Lots 37 through 40, both inclusive in Block 1; and Lots 41 and 42 and Lots 45 through 53, both inclusive and Lots 63 through 65, both inclusive, in Block 2; and Lots 75 through 89, both inclusive, and Lots 94 through 96, both inclusive, in Block 3; and Lots 101 through 110 , both inclusive in Block 4; all in Westchester Park Subdivision, being a Subdivision of part of the East half of the Southwest quarter of Section 25, aforesaid, according to the Plat thereof recorded November 13, 1925 per Document No. 203037, in DuPage County, Illinois. EXHIBIT B - 26 - EXHIBIT C [ Bill of Sale, including Schedule of Personal Property ] BUTLER COMPANY and OAK BROOK BATH AND TENNIS CLUB, INC. , both Illinois corporations, having their principal place of business at Oak Brook, Illinois, ("Seller") in consideration of Ten Dollars ($10. 00) and other valuable considerations , receipt whereof is hereby acknowledged, do hereby sell , assign, transfer and set over to Buyer, VILLAGE OF OAK BROOK, an Illinois munici- pal corporation ("Buyer") , the personal property described on the schedules attached hereto and hereby made a part hereof. Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property, that said property is free and clear of all liens, charges and encumbrances, and that Seller has full right, power and authority to sell said personal property and to make this bill of sale. All warranties of qual- ity, fitness and merchantability are hereby excluded except that Seller warrants that (a) the roof of the bath and tennis club- house and of the golf course pavillion is in substantially good repair, ordinary wear and tear excepted, and (b) the water, sewer, plumbing, heating, air conditioning, sprinkler and electrical systems serving the bath and tennis clubhouse and all swimming pool, bar, kitchen, golf course, tennis court, golf pro shop and storeroom equipment, appliances and accessories, title to which is transferred to Buyer hereby, are in good repair and working order, and have been inspected within sixty (60) days of the date hereof by representatives of the Village of Oak Brook and the County of DuPage, and Seller has not received notices of any vio- lations of any applicable laws or ordinances which have not been heretofore corrected. IN WITNESS WHEREOF, Seller has caused this bill of sale to be signed and sealed in its name by its officers thereunto duly authorized this day of 19_ ATTEST: BUTLER COMPANY By Secretary President ATTEST: OAK BROOK BATH AND TENNIS CLUB, INC. By Secretary President EXHIBIT C SCHEDULE OF PERSONAL PROPERTY (as of , 1977) (subject to revision at date of closing) PRO SHOP PAVILLION 1 desk - steel 1 desk chair 9 bar stools 2 picnic redwood tables 6 benches 1 steel round table 4 lounge chairs 1 beer cooler 1 refrigerator 1 cabinet 1 cash register 1 bar sink 1 electric heater 1 hot water heater 1 alarm system 1 scoreboard (Polo Field No. 1) BATH AND TENNIS CLUB HOUSE INVENTORY STORED IN LADIES LOCKER ROOM 78 Pool Loungers, Locks and chains 1 Redwood Bench 1 Chrome Coat and Hat Rack - Portable 1 Paper Towel Receptacle 1 Floor-type Oak Tray 1 New 90 inch Banquet Table STORED IN MENS LOCKER ROOM 30 Pool Loungers, locks and chains 16 Wood Dining Room chairs 2 Redwood benches 6 Plastic shower curtain 1 Paper Towel Receptacle 1 chrome coat and hat rack 1 walnut portable bar STORED IN LADIES POWDER ROOM 1 Paper towel receptacle STORED IN MENS WASHROOM 1 Paper towel receptacle ENTRANCE HALL TO LOCKER ROOM 1 Double Fabricated Phone Booth 8 Plastic shower curtains OFFICE 1 Four-drawer filing cabinet 1 Metal Letter file 1 Burroughs adding machine 1 Six-drawer metal desk with formica top 3 roll-type office chairs 1 plastic heavy-duty rug protector for office chair (value $58. 00) 1 wood letter box 1 wall-type metal rack for locker keys 2 speaker amplifiers 1 portable microphone 1 fire extinquisher 1 battery operated clock for pool warranties for equipment Misc. tools: hammer, screwdriver, etc. BAR 1 osterizer mixer with 2 cups 1 stainless condiment container 1 set three-brush glassuasher 1 plastic napkin and straw dispenser 1 wine cork puller 1 plastic refuse can 4 round plastic bar trays 1/2 ca. bar napkins 3 150 watt flood lamp 1 doz. shot glasses 67 rocks glasses 36 martini glasses 23 cordial glasses 108 wine glasses 71 highball glasses 2 doz. pourers 12 whiskey sour glasses 2 ice tongs 1 metal water pitcher MENS LOCKER ROOM STOREROOM 5 50 ft. length garden hose 6 swimming pool trophies 2 swimming pool chlorinators 1 swimming pool tool box 1 emergency oxygen case 2 cases light bulbs for chandeliers and under balcony for main room fixture 1 Pool testing set 3 cases contestant ribbons 1 case toilet tissue sprinkler heads and sprinklers 3 squeegee for tennis court 4 push brooms for tennis court 1 box contestant winner ribbons for tennis 18 Butler Tee shirts 1 case (4 gal. ) liquid hand soap 5 green and blue umbrellas 6 concrete weights for umbrellas. BALCONY 4 bronze adjustable lamps 2 brown pottery lamps and lamp shades 2 suede chairs 1 suede settee 2 brown cloth chairs 1 brown cloth settee 4 wooden game tables 16 dining room area chairs 1 bamboo coffee table 2 wicker elegant end tables COCKTAIL AND DINING ROOM AREA 30 36x36 pedestal dining room tables 112 wood dining room chairs 2 suede love seats 2 suede pullup chairs 1 natural .finish table 15"x 58 4 30 inch round formica cocktail tables - Pedestal STORE ROOM BEHIND OFFICE 1 Eureka Vacuum cleaner and attachments 10 large round walnut top folding tables 2 30 inch round formica cocktail tables (Pedestal) 6 canvas captain chairs (new in carton) 4 slatted planters (new) TENNIS COURTS 2 redwood tables 4 benches 6 captains chairs (chains and locks for captains chairs) KITCHEN salad forks 128 Ed Don cocktail forks 11 It bread and butter knives 12 " iced tea spoons 16 " soup spoons 97 large soup spoons 95 " knives 152 " dinner forks 122 " spoons 189 " water goblets 133 " coffee cups 131 " saucers 248 " ash trays 59 " soup cups 103 " iced teas glasses 28 " creamers 24 " hot teapots 12 " salt and pepper shakers 62 " sets of vinegar cruets 2 " plastic salad bowls 6 " dinner plates 131 " salad plates 213 " bread and butter plates 103 " vegetable dishes 126 " cereal or soup bowls 13 " plastic trays 3 " oval serving trays 3 Stainless steel ice cream dishes 82 " Alum. water pitchers 5 1 Edlin can opener 1 STORE ROOM AND KITCHEN EQUIPMENT Frigidare Ice Cube Maker 1 Schweppe Rastone upright freezer 1 Thermtrue South Bend open lap oven 1 Schweppe Anets deep french fryer 1 36 x 36 stainless steel table 1 it 4 slice toastmaster - toaster 1 Coffee Shop South Bend convertor oven 1 Schweppe 3 door upright refrigerator 1 " 9 ft. stainless steel table 1 to 30 gal. Brute Garbage cans 6 if Uninix meat slicer 1 Ed Don Dish and cup racks 16 Schweppe Hobart dishwasher and table 1 Schweppe 5 shelf desk storage rack 1 it mop wringer and bucket 1 Ld Don 36 cup West Bend coffee maker 2 Schweppe stainless steel chafing dishes 2 Ed Don stainless hot soup and barbecue 1 " ice storage chest (metal) 1 If Bunn coffee maker (property of Continental) two burner electric coffee warmer (property of Continental) Bake sheet pans- 5 cordial glasses 20 Ed Don broiler in Kitchen not listed 8 ft. stainless table with shelves 1 Schweppe BARBECUE PAVILLION Ice Cream Freezer 1 Hot Water Heater 1 Gas Grill 1 Coolers with built-in sink FIXTURES AND EQUIPMENT 1 Heating, ventilating and air-conditioning system in- stalled in bath and tennis clubhouse 1 Swimming pool filtration system installed in bath and tennis clubhouse 1 Sprinkler system installed in bath and tennis club- house 1 Alarm system installed in bath and tennis clubhouse 1 Hot water heater installed in bath and tennis club- house Screens and screen doors used in bath and tennis club Storm windows and storm doors used in bath and tennis club EXHIBIT n [ Assignment of NIGAS Surface Rights ] ASSIGNMENT BUTLER COMPANY, an Illinois corporation, ("Assignor") in consider- ation of Ten Dollars and other valuable considerations, the receipt of which is hereby acknowledged, does hereby sell, assign, transfer and set over to the VILLAGE OF OAK BROOK, an Illinois municipal corporation, ("Assignee") all of Assignor' s right, title and interest in and to that certain Easement Grant dated December 27, 1960 from the Northern Illinois Gas Company, recorded December 27, 1960 in the Office of the Recorder of Deeds, DuPage County, Illinois, as Document No. 991700, which grant provides for the use of certain parts of the surface of land owned by the grantor therein, as more particularly described therein. IN WITNESS WHEREOF, the Assignor has signed and sealed this assignment at this day of 19 BUTLER COMPANY By: Attest: STATE OF ILLINOIS) ) SS COUNTY OF COOK ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify that before me on this day personally appeared , to me known to be the President and Secretary, respectively of , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal this day of 1977 . Commission expires: Notary Public ACCEPTANCE Assignee hereby accepts the foregoing assignment. VILLAGE OF OAK BROOK By: Attest: CONSENT Northern Illinois Gas Company, grantor under the aforesaid Easement Grant, hereby consents to the foregoing Assignment. NORTHERN ILLINOIS GAS COMPANY By: Attest: E X H I B I T E Title conveyed hereunder shall be subject to the following: (a) Covenants, conditions and restrictions of record. (b) Roads and highways, and right-of-ways for same, if any. (c) Drainage tiles, feeders, ditches, and laterals , if any. (d) General taxes for 1977 and subsequent years. (e) Acts done or suffered by Purchaser or anyone claim- ing by, through or under Purchaser. (f) Covenants, restrictions , easements and reservations provided for in paragraph 10 of this agreement, and set forth in Exhibits G and H, which shall be con- tained in the deed conveying the property. (g) Easements , or claims of easements, not shown by the public records. (h) Matters of survey as shown on the survey provided for in paragraph 7 of this agreement. (i) Exceptions set forth on Schedule B of Chicago Title Insurance Company Commitment No. 562969 dated March 25, 1977 as Exceptions No. 11, 13, 15 , 17, 29 , 30, 32 , 33 , 34 , and 35. (j) Easements for existing surface water, electric power, telephone and gas lines now serving the Bath and Tennis property, Parcel 4, and/or the Butler National Golf Club property. E X H I B I T E EXHIBIT F j Plat of Survey ] EXHIBIT G [To be included in Deed pursuant to paragraphs 10 (A) and (C) ] A. Grantor hereby reserves, for the benefit of all, and each separate part, of the following tracts of land specific easements over, upon and across the land being conveyed to Grantee hereunder, as more specifically set forth below: 1. The benefit of each easement (except as otherwise indicated below) shall be appurtenant to the following tracts of land: Tract 100 as legally described on Exhibit 1 attached hereto and by this reference made apart hereof. Tract 200 as legally described on said Exhibit 1. Tract 300 as legally described on said Exhibit 1. 2. Each easement herein shall be of perpetual duration (except where otherwise expressly stated) , shall run with the land, shall be binding upon and/or inure to Grantor and Grantee, and their respective heirs, assigns, successors, tenants and personal represen- tatives, and shall be enforceable both at law or at equity. 3 . The specific easements reserved are as follows: Easement One: A non-exclusive right and easement, in common, with adjoining landowners, subject to the rights of the public, if any, for ingress and egress (to and from Tracts 100 and 200 only) and for constructing, maintaining, using, operating, installing, altering, re- placing and removing therefrom or thereunder any road, pavement or surface, any electric power transmission, tele- phone, gas, water, sewer and storm water lines and any and all other utility lines and related utility or access equipment on, over, under or across the real property legally described in said Exhibit 1, provided, however, that so long as the property now used and occuppied by the Butler National Golf Club continues substantially to be used for EXHIBIT G (Cont'd. ) golf course purposes, the road width shall not exceed thirty (30) feet in width without the prior written consent of the Village of Oak Brook, Illinois. Easement Two: A non-exclusive right and easement for the purpose of constructing, installing, using, operating, maintaining, altering, replacing and removing sewer lines on and under, and with the right for such purposes to enter, the real property legally described in said Exhibit 1 and with regard to Tract 300 only the additional real property legally described in said Exhibit 1 as "Easement Two (Tract 300) " . Easement Three: A non-exclusive right and easement for the purpose of constructing, installing, using, operating, maintaining, altering, replacing and removing water lines on and under, and with the right for such purposes to enter the real property as legally described in said Exhibit 1 and with regard to Tract 300 only the additional real property legally described in said Exhibit 1 as "Easement Three (Tract 300) " . Easement Four: A non-exclusive right and easement, in common with adjoining landowners, subject to the rights of the public, if any, to use the existing sixteen foot wide roadway and any replacement thereof for passage of pedestrians, horses, golf carts, tractors, wagons and other vehicles, which road- way is legally described in said Exhibit 1, provided, however, that such right and easement as to Tract 100 shall cease and terminate twelve (12) months after said Tract 100 shall cease to be used for golf course purposes. - 2- EXHIBIT G (Cont'd. ) B. Grantee hereby reserves, for the benefit of itself, its successors, assignees or designees as further provided below, the right to use certain portions of the land being conveyed to Purchaser hereunder, for the purposes, durations, and on the terms and con- ditions set forth below. Each such reservation of use shall be a covenant running with the land, and by its acceptance of this deed, Grantee, for itself, its successors and assigns agrees to and accepts such covenants, all on the specific terms and conditions set forth below governing each such use reservation. The benefits of each such covenant shall inure to the specific party or parties designated in each such use reservation as being entitled to such use, and shall be enforceable both at law and at equity. The use reservations are as follows: 1. Polo Activities Seller, its successors, assigns and designees shall have, during the life of Paul Butler, the right to use, or cause to be used by the Oak Brook Polo Club, polo playing fields and related areas as described on Exhibit 2 attached hereto and by this reference made a part hereof for polo practice and games (but for games only, as to the areas commonly referred to as Polo Fields No. 1 and No. 2, ) between June 1 and October 1 of each year, in accordance with a schedule to be agreed upon between Seller and Purchaser prior to April 1 of each year. Seller shall have the right to operate con- cessions, and retain revenues therefrom, in connection with polo games. Seller or the Oak Brook Polo Club shall pay the total cost, relating to such uses by Seller or by the Oak Brook Polo Club, of said polo fields and other open field areas, of necessary (i) repair and maintenance of bleachers, grandstands, and other struc- tures, (ii) special maintenance of the fields for polo use, over and above basic maintenance, and (iii) special preparation -3- EXHIBIT G (Cont'd. ) and clean-up of fields and adjacent utilized areas. Such uses shall be subject to the following conditions: (a) Insurance. Seller agrees to maintain comprehen- sive general public liability insurance (including con- tractual) insuring Purchaser (who shall be a named insured) against claims for death, bodily injury and personal property damage occurring upon, in or about the polo fields and adjacent areas, such insurance to afford protection to the limit of not less than the following limits: W Personal injury $ 500, 000 one person and death $ 500, 000 more than one (ii) Property damage $ 100, 000 (iii) Umbrella $3 , 000, 000 per occurrence Seller also agrees to maintain dram shop insurance insuring Purchaser (who shall be a named insured) against claims for death, bodily injury, loss of support, and property damage as a result of the sale of wine, beer or liquor by Seller or its designee upon, in or about the polo fields and adjacent areas, such insurance to afford protection to the limit of not less than the following limits: (iv) Personal injury $ 100, 000 one person and death $ 300, 000 more than one (v) Property damage $ 100, 000 (vi) Loss of support $ 100, 000 (vii) Umbrella coverage $3 , 000, 000 per occurrence Memoranda of such insurance accompanied by evidence of the premiums thereon shall be delivered to Purchaser prior to June 1 each year. (b) Indemnification. Seller, its successors and assigns, will undertake to obtain all necessary permits, if any, and agrees to, and does hereby, indemnify Purchaser against -4- EXHIBIT G (Cont'd. ) and in respect of all injury, loss, claims, damages, liabilities and expenses, including judgments, fines, court costs, and attorney' s fees, related to or arising out of or incident to the use of the aforesaid polo fields and adjacent areas or the failure to obtain such permits. 2. Golf Practice Areas For so long as the area now used by the Butler National Golf Club is used for golf course purposes, the following shall apply: (a) Seller, its successors, assigns and designees shall have the right between April 1 and November l of each year to use the west half of the golf tee area at the south end of Polo Field No. 2. as legally described in said Exhibit 1 for golf lesson and practice purposes on an exclusive basis, and the right to use Polo Field No. 2 as legally described in said Exhibit 1 for the same purposes on a non-exclusive basis (except during the Tournament Week, as hereinafter defined, during which such use shall be on an exclusive basis, and during which period Seller shall also be entitled to use the east half of said tee area as legally described in said Exhibit 1 on an exclusive basis) . Seller shall pay a rental charge of $3,360. 00 for such use in 1978 , which rental charge shall be increased or decreased each year thereafter (but never lower than $3 , 360. 00) by a percentage equivalent to the percentage change (here- inafter "The Percentage Change" ) in the index defined below for (a) the month of February of the year of such use, as compared with (b) the index for the month of February of the previous year. The "index" , as used herein, shall mean the "Consumer Price Index-U.S. City Average; For Urban Wage Earners and Clerical Workers, All Items 1967=100" , prepared by the U.S. Department of Labor, Bureau of Labor -5- EXHIBIT G (Cont'd. ) Statistics, or, if said index is not then being published, the successor or the most nearly comparable successor index thereto; such rental charge shall be payable in seven (7) equal monthly installments beginning on April 1 of each year. (b) Polo Use. Seller' s and Purchaser' s use of Polo Field No. 2. for golf lesson and practice purposes shall be subject to the prior right of Seller and its designees to use said field for polo games between June 1 and October 1, in accordance with paragraph 10 (C) (1) hereof. (c) Maintenance. In addition to the above rental charge, the user will also pay one-third (1/3) of all costs and expenses of maintaining the area being used, including, without limitation, seeding, mowing, irrigating, fertiliz- ing, draining and sodding, except that during the Tournament Week the user shall pay all of the costs and expenses of such maintenance, together with the costs of returning the property to the condition in which it was prior to said user' s exclusive use during the Tournament Week. (d) Alternate Practice Area. If at any time Seller' s use of Polo Field No. 2 for said purposes is temporarily restricted because of the maintenance or the polo game use thereof, Seller, its successors, assigns and designees shall have the right on a non-exclusive basis to use Polo Field No. 3 as legally described on said Exhibit 1 for the pur- pose of golf lessons and practice for the period of each such restriction. 3. Golf Tournament Facilities. In connection with the holding of the Western Open Golf Tournament or any other major amateur or professional tournament which may be held on the area now used as the Butler National Golf Course (but for not more than one tournament in any calendar year) , - 6 - EXHIBIT G (Cont'd. ) Purchaser agrees that it, and its successors and assigns, will make available to Seller, or its designee, the following additional facilities during the period of each year designated by the Butler National Golf Club, or its successor, as the "Tournament Week" (here- inafter "Tournament Week") , not to exceed nine consecutive days: (a) Pavilion, Concession and Administration Areas. As long as the areas (or any of them) used for a pavilion, for concession or for administration purposes as legally described in said Exhibit l for the 1976 Western Open Golf tournament remain in an undeveloped state, each such area will be made available for purposes similar to such uses for the 1976 tournament. The areas will be made available for a period beginning fourteen (14) days prior to the Tournament Week and ending ten (10) days after the end of the Tournament Week. The user shall pay rental charges in the amount of $300. 00 for the pavilion area, $100. 00 for the concession area, and $200. 00 for the administration area, in 1978, which rental charges shall be increased or decreased each year thereafter (but never lower than $300.00 and $100. 00 and $200. 00, respectively) by a per- centage equivalent to the aforesaid Percentage Change. (b) Parking Areas. As long as Purchaser, its successors and assigns, maintains portions of the property for open field sports use (excluding a developed golf course) , then such areas will be made available for parking purposes during the Tournament Week. The user shall agree to cause to be paid to Purchaser a parking fee equal to the greater of (a) 250 of the parking charge, or (b) $0. 50, for each automobile parked. -7 - EXHIBIT G (Cont'd. ) (c) Conditions for Use of Golf Tournament Facilities. As a condition to the use of all of the areas set forth in paragraph 10 (C) (3) (a) and (b) : (i) Weather. Parking will be permitted only when in the reasonable opinion of Purchaser, the weather con- ditions are suitable for such parking. (ii) Insurance. User agrees to maintain compre- hensive general public liability insurance (including contractual) insuring Purchaser (who shall be a named insured) against claims for personal property damage occurring upon, in or about the facilities, such insurance to afford protection to the limit of not less than the following limits: (i) Personal injury $ 500, 000 one person and death $ 500, 000 more than one (ii) Property damage $ 100, 000 (iii) Umbrella coverage $3, 000, 000 per occurrence User also agrees to maintain dram shop insurance insuring Purchaser (who shall be a named insured) against claims for death, bodily injury, loss of support, and property damage as a result of the sale of wine, beer or liquor by Seller or its designee upon, in or about the pavilion area, such insurance to afford protection to the limit of not less than the following limits: (iv) Personal injury $ 100, 000 one person and death $ 300, 000 more than one (v) Property damage $ 100, 000 (vi) Loss of support $ 100, 000 (vii) Umbrella coverage $3, 000, 000 per occurrence Memoranda of such insurance accompanied by evidence of the advance payment of the premiums thereon shall be delivered -8- EXHIBIT G (Cont'd. ) to Purchaser prior the use of such property. (iii) Indemnification. User will undertake to obtain all necessary permits, if any, and agree to indemnify Purchaser against and in respect of all injury, loss, claims, damages, liabilities and expenses, including judg- ments, fines, court costs, and attornev' s fees, related to or arising out of or incident to the use of the aforesaid facilities or the failure to obtain such permits. (iv) Maintenance. User agrees to maintain the the pavilion, concession, administration and parking areas during the period of its use, in good order and in a clean and wholesome condition according to applicable ordinances and directions of health officers having proper legal authority, to pay all of the utility costs associated with its use of such areas and to surrender such premises to Purchaser following such use, in substantially the same condition, ordinary wear and tear excepted, as such facilities were in prior to its use. (v) Executive Course Reimbursement. If the holding of the Western Open Golf Tournament or any other major amateur or professional tournament which is held on the Butler National Golf Course renders the use of the Executive Golf Course impossible, User agrees to pay Purchaser for each day of such occurrence an amount equal to the lost greens fees (less any cost savings) for such days. 4. For a period of 10 years from the date of closing (and for a period of five (5) years thereafter at an annual rental of $4, 800 increased or decreased by a percentage equal to the aforesaid percentage change from February, 1978, Seller, its successors and - 9- EXHIBIT G (Cont'd. ) assigns shall have, and hereby reserve, the exclusive right to use, possess and occupy the two residences together with said tract of land, for residential purposes, together with such rights of access, ingress and egress and rights to maintain and use existing utilities, as are reasonably incident or necessary thereto, provided, however, that during such period of Seller's use, Seller, its successors and assigns at its own cost and expense, shall (a) repair and maintain the residences, (b) pay for any utility service and taxes (if any) , and (c) maintain property and liability insurance coverage as set forth on Exhibit J of that certain purchase agreement between Grantor herein, as Seller, and Grantee herein, as Purchaser, for the lands being conveyed by this deed. At the end of the period of Seller' s use, Seller shall deliver the residences to Purchaser in substantially the same condition and repair as existed on the date of closing, ordinary wear and tear and fire or other insured casualty excepted, provided that if the residences have been damaged or destroyed by fire or other insured casualty and Seller has not elected to repair or rebuild, Purchaser shall be entitled to receive all insurance proceeds received on account of such damage. 5. Seller reserves the right, at any time within eight (8) years from the date of closing, to designate land located in the tract of land legally described in said Exhibit 1 as the "Stabling Tract" , not to exceed in the aggregate 10 acres (subject to the prior written consent of Purchaser as to the specific land to be designated, which consent will not be unreasonably withheld) , and to construct thereon at Seller' s sole cost and expense, horse barns, stables, corrals and exercise ring as Seller shall deem appropriate, title to all of which improvements shall immediately upon completion of construction - 10 - EXHIBIT G (Cont'd. ) pass to Purchaser, without any cost to Purchaser. For a period of ten (10) years from the completion of such construction, Seller, its successors and assigns shall have, and hereby reserve, the exclusive right to use such barn, stable, corrals and ring, provided, however, that such construction and such use shall at all times be in com- pliance with all applicable laws and ordinances, and further provided, however, that during such period of Seller' s use, Seller, its successors and assigns at their own cost and expense, shall (a) repair and maintain said facilities, (b) pay for any utility service and taxes (if any) , and (c) maintain property and liability insurance coverage in the amounts set forth in paragraph 4 hereof. At the end of the period of Seller' s use, Seller shall deliver said facilities to Purchaser in substantially the same condition and repair as existed on the date of completion of construction, ordinary wear and tear and fire or other insured casualty excepted, provided that if the facilities have been damaged or destroyed by fire or other insured casualty and Seller has not elected to repair or rebuild, Purchaser shall be entitled to receive all insurance proceeds received on account of such damage. 6. Grantor, for itself, its successors, assigns, grantees, and designees covenants and agrees with Grantee, and its successors, and assigns, that neither Grantor nor its successors, assigns, grantees or designees will ever at any time, present or future, sue, make claim or take any action whatever against Grantee, its successors or assigns or its officers, employees, representatives or agents for or on account of the termination, restriction or suspension of any or all of the reservations, of this paragraph B, or the restrictions against construction or subdivision provided in elsewhere in this deed, resulting from the entry of a final order or judgment of a court of competent jurisdiction in this regard, provided that any action seeking any such relief shall have been contested in good faith by Grantee; and provided further that if Grantor, its successors, or assigns -11- EXHIBIT G (Cont'd. ) shall so request, Grantee will use its best efforts to assist Grantor, its successor or assigns in intervening as an additional party defendant in any such action; and provided further that in the event of the entry of any such final order or judgment which shall terminate or substantially alter the rights reserved under paragraph 10 (C) (2) of the agreement aforementioned, then Butler National Golf Club, an Illinois not-for-profit corporation, if it is still operating a golf course on the property now so used by it, shall have an option to purchase for the price and upon the terms and conditions set forth in Exhibit L to said Agreement. -12- EXHIBIT l (TO EXHIBIT G) LEGAL DESCRIPTIONS EXHIBIT 2 (TO EXHIBIT G) SAME AS EXHIBIT 1 EXHIBIT H (Restrictive Covenants Running with the Land Pursuant to Paragraph 10 (B) ) By its acceptance of this deed, Grantee covenants that all of the real estate hereunder shall be kept, maintained, and preserved substantially in its present state. No further structures or improvements of any kind shall be erected or permitted on the land; provided, however, that this covenant shall not restrict or prevent the creation of additional bicycle and/or bridle paths on the real estate, the expansion and redevelopment of the present Executive Golf Course, or the installation, erection, or construction by or on behalf of the Village of sports, other recreational, flood control, storm water management or other such public purpose facilities, structures, or improvements, temporary or permanent. Grantee further covenants, except as otherwise hereinafter provided, that no partition or division of the real estate shall be made, nor shall any conveyance be made of Tess than all of the real estate, it being the intent of the parties that the real estate be continued to be held as a single, unitary tract. It is the express intent of Grantor, and the agreement of Grantee, except as otherwise hereinafter provided, that the real estate be preserved as one whole parcel, for open green areas, natural wooded areas, sports, recreational, flood control, storm water management, and other such public uses. Except as otherwise hereinafter provided, this covenant shall be perpetual and the burden shall run with the land and be binding on all of the Grantee's successors and assigns. The benefit of this covenant shall be in gross and shall run in favor of all bodies and individuals, public and provate, in the Village of Oak Brook, DuPage and Cook Counties, Illinois, and shall be enforceable both at law and at equity. Notwithstanding anything hereinbefore contained to the contrary, the Village of Oak Brook, its successors, or assigns, may at any time and from time to time dispose of in any legitimate manner all or any part of the real estate and improvements herein conveyed to the Village for use for any legitimate purpose, provided that any such disposition has first been authorized by a majority of the electors of the Village voting at an election specifically Exhibit H, Page 1 of 2 Pages called for that purpose in accord with then applicable state and local laws; provided, however, that no such disposition shall be made within ten (10) years of the date of closing without the prior written consent of the Butler Company; provided, further, that since Paul Butler intended that the Village should be able if it should in the future deem it necessary or desirable to dispose of a small portion of the property acquired in order to reduce or eliminate the need to impose property taxes to pay for said property, Butler Company, for itself and its successors,and assigns hereby consents to any such disposition up to a cumulative total of eighty (80) acres. Exhibit H, Page 2 of 2 Pages EXHIBIT I Sports Core Polo Fields The polo fields and necessary appurtenant areas are shown on the attached plat of survey as follows : Polo Field No. 1 area : The westerly 750 feet of Parcel 3A. Polo Field No. 2 area: Proposed Easement A, Parcel 6 and the 100 feet immedia- tely West of Parcel 6 . Polo Field No. 3 area: Proposed Easement G-1 and the 50 feet immediately North, East, South and West thereof. EXHIBIT I E X H I B I T J [ Schedule of Insurance 1. U.S. Aviation Underwriters Non-Owners Bodily Injury - Air Insurance Each Person - $1,000 Property Damage - Each Accident - $25, 000 2. Royal Globe Aviation Non $5, 000, 000 CSL Owned Aircraft Bodily Injury and Property Damage 3. Meyers & Beatty Inland Marine Schedule - $1, 870 for Bath and Tennis Equipment 4. Lloyds Liquor Liability $100, 000 Per Person $300, 000 Per Occurrence $100, 000 Loss of Support $100 , 000 Property Damage ` 5. Zurich Comprehensive $500 ,000/$500 ,000 - General Public Bodily Injury Liability $100 , 000/$100 ,000 - Property Damage 6. American Insurance Burglary, Theft Employee Dishonesty - Company $50, 000 Loss Inside/Outside Pre- mises - $2 ,500 7 . Lloyds All-Risk $850, 000 - Any One Occur- rence 8. St. Paul Fire & Golfing Equipment - $2 , 000 - Any One Casualty Marine Executive Golf Course 9. Stonewall Insurance Umbrella Coverage $3,000,000 Each Occurrence Company $3,000, 000 Annual Aggregate E X H I B I T J EXHIBIT J -- Page 2 Seller, its successors and assigns, will undertake to obtain all necessary permits, if any, and agree to and does hereby as a condition of use indemnify Purchaser, its successors and assigns, against and in respect of all injury, loss, claims, damages, liabilities and expenses, including judgments, fines, court costs and attorneys' fees, related to or arising out of or incident to the use of the said residences or said horse barns, stables, corrals or exercise ring and adjacent areas or the failure to obtain such permits. EXHIBIT K December 19, 1975 BUTLER COMPANY , PROMOTIONAL EXPENSE EXECUTIVE GOLF CLUB A4--2 STATEMENT OF OPERATION 31 DECEMBER 1974 FLNAL 'YEAR TO DATE INCOME 1974 1973 Gross Income Refreshments Sales -- Pro Shop $ 12,401 $ 13,004 97264 6,378 TOTAL SALES $ 21 ,565 $ 19,382 LESS COST.OF GOODS SOLD - . ,Pro Shop Sales $ 8,375 $ 4,525 e Sal.^s Tax I ,136 7 6,042 TOTATOTAL OOSs' GOODS SOLD $ 3 27 15,515 $ 10,694 GROSS PROFIT (LOSS) $ 6y150 $ 8,684 OTHER INC0�S' Daily Fees $ 56,454 $ 52,950 Rentals - Power Carts 2,638 4,269 Rentals -- Hand Carts 928 Driving Ra 1, 1,587 nge 2,928 687 Golf Lessons 90 1,124 Loss of Revenue on Golf Club 8 8 05,000 TOTAL O?'llisR It\CO:1E S 64s2624 $105,501 TOTAL INC t!L (LOSS) $ 70,774 $114,189 )PERATING EXPENSE Compensation Supervisory Greens & Grounds vPA $ 6,000 $ 6,000 pe_s 11,325 10,809 Payroll. Tavel & Insur4nce 1,885 1,931 S ±;:p l.i cs Ec_uipn,enr & Tools 318 1,352 Gasoline, Grease & Oil 532 C52 Housekeeping & Sanitation - 30 Driving 113nge 689 352 Stationery & Office 697 289 April 20, 1977 BUTLER COMPANY PROMOTIONAL EXPENSE - EXECUTIVE GOLF CLUB A4-1 STATEMENT OF OPERATIONS 31 December 1976 Preliminary 14ONTH OF DECE23ER YEAR TO DATE 1976 1975 1976 1975 OPERATING EXPENSE (CONTINUED) Utilities Electricity 89 85 698 707 Telephone & Telegraph 112 37 695 585 Water 2 1 12 10 Repairs Buildings 455 - 981 1,227 Furniture b. Fixtures 36 - 155 289 Greens & Fairways 3,000 7,309 55,208 58,897 Machinery & Equipment - - 84 16 Trucks, Tractors & Autos - - 738 84 Services & Other Commissions 785 - 13,841 10,769 Dues & 'Memberships - - 100 100 Refuse Disposal 51 - 261 204 Licenses - - 957 779 Losses - Inventory - - - 28 Public Relations - - 14 6 Personnel - 200 - 200 Rental(Equipment) - - 49 60 Security 10 5 277 404 Misc Prior Year Items - - 1,314 - Sundry 548 - 568 . 4 TOTAL 5.608 8,165 98,525 98,684 OPERATLNG PROFIT (LASS) (5,526) (8,242) ---(6,286) (12,432) CARETAKEIt EXPENSE insurance 851 144 3,470 -. 1,743 Depreciation 997 997 11,955 11,955 Property Taxes 500 500 6,000 6200.0 TOTAL 2,348 1,641 21.425 19.698 NET PROFIT (LOSS) (7,874) (9.883) l27 711) (32.130— CAPITAL EXPENDITURES National Cash Register $ 756 - 2 _ EXHIBIT L In the event of the entry of any final order or judgment which shall terminate or substantially alter tine rights reserved under paragraph 10(C) (2) , then Butler National Golf Club, an Illinois not-for-profit corporation ("BNG") , if it is still operating a golf course on the property now so used by it, shall have an option for one hundred eighty (180) days next following the date of such order, to purchase all but not less than all of Parcel 6for a price to be mutually agreed upon by Purchaser and BNG. If Purchaser and BNG are unable to agree upon the price and other terms and conditions of sale within sixty (60) days next following the date of such order, each party shall select a qualified appraiser who shall be charged with appraising the fair market value ofPareel6 (the "Appraised Value") assuming that Parcel 6 could be utilized for its highest and best use (without regard to the restrictions contained in this agreement) considering the limitations imposed by (i) all applicable zoning, land use, environmental protection, building code, and other statutes, regulations, orders, decrees and ordinances of any kind, (ii) all agreements, covenants, easements and restrictions, whether or not of record, affecting Parcel' 6(iii) the availability or non-availability of road, highway, rail and all other access, of gas, water, sewer, telephone, electricity, and all other utilities and of other services, and (iv) all other matters affecting P,sael 64 its fair market value, development, sale, and use. If any appraiser designated hereunder shall die, be disqualified, become incapacitated or shall fail or refuse to act before the Appraised Value shall have been determined, the party or parties designating such appraiser shall designate anew appraiser. The two (2) appraisers shall each prepare written appraisals and within thirty (30) days of the date of designation of the second appraiser, deliver them to each other, Purchaser and BNG. The appraisers shall meet promptly thereafter to determine by agreement the Appraised Value. If within forty (40) days following the designation of the second appraiser, the appraisers shall fail to agree upon the Appraised Value, the appraisers shall designate, in writing before the fortieth day, a third qualified appraiser. The third appraiser shall prepare a written appraisal of the Appraised Value and, within thirty (30) days of his designation, deliver it to the other appraisers, Purchaser and BNG. If within forty (40) days following the designation of a third appraiser, no two of the appraisers are able to agree on the Appraised Value, the determination of such value by the third appraiser shall be conclusive. The fees and expenses of the appraisers shall be borne equally by Purchaser and BNG. The purchaser price shall be paid in cash or certified check by one hundred eighty (180) days of determination thereof. At such time Purchaser shall deliver or cause to be delivered to BNG a general warranty deed conveying pe r-.� o 6 free and clear of all liens and encumbrances except the lien of current real estate taxes not then due or payable, and the other title exceptions set forth on Exhibit E, and such further documents as may be reasonably requested by BNG to effectively transfer title to BNG. -2- If BNG does not exercise (by written notice delivered within the above one hundred eighty (180) day period, including any extensions thereof, it being agreed that Purchaser shall give prompt notice to the statutory registered agent of BNG of the entry of such an order) this option, Purchaser shall thereafter hold parcel 6 free and clear of this option. -3- s W tTH MANAGEMENT AGREEMENT THIS AGR ENT made this day of A.Q , 1977, by and between the VILLAGE OF OAK BROOK, an Illinois municipal corporation ("Village"), and BUTLER INTERNATIONAL SPORTS CORE, INC. , an Illinois corporation ("Manager"), a wholly-owned subsidiary of Butler Company, and Illinois corporation. .. WITNESSETH• WHEREAS, the Village is, or is about to become, the owner of approximately 269 net acres of land in Oak Brook, Illinois, more particularly described on Exhibit A hereto, which land is commonly referred to as the Butler International Sports Core ("the property"); and WHEREAS, the property includes certain wooded areas, green open spaces and waterways which have heretofore been preserved and maintained by the Village's predecessor in title, Butler Company; and WHEREAS, the property is improved with certain sports areas and facilities, including polo fields, a golf course, a bath and tennis club, and recreational,areas, including bicycle, bridle and walking paths, all of k which heretofore have been operated, administered, and maintained by Butler Company; and WHEREAS, the Village desires to continue the preservation, maintenance, and operation of the aforesaid open spaces, sports facilities and recreational areas and to do so in a manner that will insure a continued high level of quality, all for the use and benefit of the citizens of the Village; and WHEREAS, the Village desires Manager to manage the maintenance, operation and preservation of the property to accomplish the aforesaid purposes, such management to be performed in accordance with rules, regulations, and ordinances of the village and in accordance with the annual budget to be agreed upon by the Village and the Manager at the beginning of the year; and r WHEREAS, Manager desires to manage the maintenance, operation and preservation of the property, as aforesaid; NOW THEREFORE, in consideration of the mutual covenants set forth below, and other valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the Village does hereby hire Manager, and Manager does hereby accept such hiring, for the management of the property, in accordance with the purposes, standards and recitals set forth above, all on the terms and conditions set forth below, to which the parties do heregy agree and provided that Village shall have acquired title to the property on or before November 1, 1977: 1. Term. The term of this agreement shall. commence on November 1, 1977 and shall terminate on October 31, 1978. If, prior to the termination date, the parties agree in writing to renew this agreement, any such renewal term shall be for one year, commencing on the first day of November immediately following the scheduled termination date, and terminating on the 31st day of the next October. 2. Duties and Services of Manager. To the extent provided for in the Budget as hereinafter defined in paragraph S and pursuant to policies from time to time adopted by the Village, Manager shall be responsible for the performance of the following duties and services: (a) Perform basic maintenance of wooded areas, open spaces, and waterways, including fences, roads, walkways, and utilities, and including seeding, fertilizing, mowing, irrigation, and pest and disease control. (b) Operate, administer and maintain the facilities comprising the Executive Golf Course, and the Oak Brook Bath and Tennis Club, including: (i) Maintain and care for buildings, grounds, golf course, supplies, furnishings and equipment. (ii) Assess and collect fees, dues and charges, all in accordance with amounts and rates contained in the Budget. -2- (iii) Employ necessary sports professionals and Clubhouse managers with the prior written approval of the Village. (c) Operate and maintain airstrip facilities and collect fees for landing and parking as set forth in the Budget. (d) With respect to user or lease agreements between the Village and individual users for portions of the property; (i) negotiate and present such agreements to the Village for approval; (ii) collect user or rental charges, as set forth in the Budget; (iii) coordinate schedules and plans for such uses; (iv) supervise the preparation for, the operation of, and the clean-up after such uses by such individual users or lessees. (e) Maintain accounts, books and records covering all revenues and expenses hereunder, all of which shall be available for inspection by the Village during regular business hours. (f) Make payment for expenses and receive items of income, as set forth in the Budget. (g) Procure, and maintain in effect, property and liability insurance policies, naming the Village and Manager as insured parties, all as set forth on Exhibit B, and handle loss adjustments thereunder under direction of the Village. (h) Furnish to the Village each month, financial and operating statements and reports with regard to the preceding month's operation including a monthly profit and loss or operating statement, a. source and application of funds, cash flow statement, capital expenditures statement, which reports and statements will provide a comparison to budget both on a monthly and year-to-date basis. (i) Obtain necessary bonds, permits or licenses required for the performances of its services hereunder, as provided for in the Budget. -3- (j) Maintain bridle and bicycle paths. (k) Administer the rules and regulations adopted by the Village governing the everyday use of the facilities hereunder by individual users. (1) Subject to subparagraph (b) (iii), hire necessary personnel' to effectively administer Manager's duties and services hereunder. (m) Make recommendations to the Village concerning (i) capital expenditures by the Village, including major repairs, replacements and addi- tions to buildings, other improvements, or equipment (ii) changes in rules or regulations governing use of the facilities (iii) the Budget and changes therein. (n) Coordinate with the Village those duties and services being furnished by the Village, . (o) Consult, on a regular basis, with representative of the- Vil- lage, for communication and discussion of all matters covered hereunder. 3. Duties,of the Village. The Village shall be responsible for the following: (a) Review, approval and adoption of Budget, as set forth hereinafter. (b) Capital expenditures, including cost of major repairs, replace- ments and additions to buildings, other land improvements, furnishings, fixtures and equipment with.a useful life of more than one year. (c) Payment of those income items, if any, to be paid by the Village, as set forth in the Budget. (d) Reimbursement of those expenses, if any, paid for by advances from Manager but scheduled in the Budget to be paid for by the Village. (e) Consideration and formal adoption by ordinance of all rules, regulations, fees and charges to be administered by Manager hereunder. (f) Delivery to Manager of copies of all ordinances, rules, regula- tions and schedules relating to the property, when and as adopted. -4- (g) Consult, on a regular basis, with representative of Manager, for communication and discussion of all matters covered hereunder. 4. Fee. No fee shall be paid by the Village to Manager for its services hereunder, except as set forth in the Budget. 5. Guaranteed Budget. (a) No later than December 31 of each year of the term Manager will prepare and submit to the Village, a proposed operating budget prepared in accordance with the Village's Chart of Accounts. Said proposed budget shall set forth in detail the estimated costs and expenses and expected -income and revenues, covering the operation and maintenance of the property during the term hereof, including without limitation (A)-expenses, covering (i) mainte- nance and operating services hereunder, (ii) subcontracts, (iii) insurance premiums, (iv) fees for licenses, permits, and bonds, (v) managerial fee, covering Manager's services hereunder, and (B) income expected from (i) fees for use of and/or membership in Executive Golf Course and Oak Brook Bath & Tennis Club, in accordance with a proposed schedule of specific fees, rates and charges to be levied for such uses or memberships during the term, (ii) use and leasing charges, for use or rental of the polo, parking,golf, airstrip and other facilities, in accordance with a proposed schedule of specific fees, rates, and charges to be levied for such uses during the term, and (iii) amounts, if any, to be contributed by the Village of Oak Brook. Such proposed budget, as submitted, will be balanced, such that the total of all estimated expenses as set forth therein shall be covered by the total of all estimate incomes and revenues as set forth therein. (b) No later than the January 31 following Manager's submission of the budget, the Village shall notify Manager of its acceptance of such budget or the changes which it desires. (c) If the Village and Manager fail to agree on a budget by February 15th then this agreement shall thereupon automatically terminate, and neither party shall have any further rights or obligations hereunder. Manager shall -5- not be entitled to any fee for its preparation of said proposed budget, but Manager shall be reimbursed by the Village for those costs and expenses in- curred (in excess of revenues received) by .Manager for maintenance and operation of the property from November 1 to the date of such termination, provided that in computing the amount of such reimbursement the Village will not take into account costs and expenses in excess of those incurred during the same period of the preceding year without its prior written consent. (d) If the Village and Manager agree on a budget (such budget, being herein referred to as "the Budget"), such acceptance shall constitute an approval by the Village of the various schedules of fees, rates, expenses and revenues set forth therein. Manager shall.thereupon be obligated to and shall promptly undertake to, manage the property for the term in accordance with the Budget and this agreement, and the Village shall take all steps necessary to formally adopt the Budget and all schedules of fees, rates, expenses and revenues contained therein. (e) In the event that Manager's operation of the property for the term pursuant to the Budget results in a deficit for said term, either because costs and expenses exceed those set forth in the Budget or income or revenue is less than as anticipated in the Budget, or both, then Manager, at its own cost and expense, shall pay such deficit, provided, however, that Manager shall not be responsible for any deficit to the extent such deficit results from (i) the failure of the Village or other governmental bodies to contribute sums payable by it as set forth in the Budget, or (ii) increased costs of subcontractors acceptable to the Village, if the Village has objected to subcontractor proposed by Manager. 6. Relationship. Except as otherwise provided for herein, the management relationship created hereby shall be that of independent contractor. It is intended that Manager shall enter into separate sub-contracts for the performance of certain of Manager's duties and services hereunder, as Manager in its discretion deems necessary or desirable, provided that no such subcontract shall be entered into without reasonable prior notice to the Village or over -6- the reasonable objection of the Village, delivered in writing to Manager prior to Manager's entering into such subcontract. No direct contractual or agency relationship is intended to be created hereby between the Village and any such subcontractor, except as otherwise provided herein or implied by law. No employee, agent, or servant of Manager shall be, or be considered, an employee, ' agent or servant of the Village. 7. Indemnification. (a) Manager agrees to and does hereby indemnify the Village against and in respect to all injury, loss, claims, damages, liabilities and expenses including judgements, fines, court costs and attorney's fees, related to or arising out of the use, conduct or management of activities on or about the property arising from any act of negligence occurring during the term of this agreement of Manager, Butler Company, or any of the agents, contractors, servants, employees,' or licensees of either Manager or Butler Company. 8. Compliance with Law. Manager shall comply with all applicable laws, regulations, and ordinances in the performance of its duties and services hereunder. The Village shall not request or require Manager to perform any duty or service which is prohibited or contrary to any such law, regulation, or ordinance. 9. Bonds. No bond shall be required of Manager covering the perfor- mance of its duties or services hereunder. However, Manager shall obtain fidelity bonds in a mutually approved amount covering each of its employees who, have access to, receive, or otherwise handle cash. 10. Separate Accounts. Manager shall establish, and at all times main- tain, separate bank accounts for its management services hereunder, and shall not commingle or deposit funds used in the management of the property with any other funds owned or managed by Manager. -7- December 19, 1975 BUTLER COPmPAwl PRDMO`CIONAL EXPENSE - EXECUTIVE GO11 CLUB A, -2 STATEMENT OF OPERATION 31 DECEMBER 1974 FINAL YEAR TO DATE Oi?EWUWG EXPENSE (CONTINUED) 1974 1973 Utilities Electricity $ 516 $ 534 Telephone & Telegraph 593 506 Repairs BuiIdi.ngs 463 720 Furniture & Fixtures (A) 399 Greens & Fairways 49,832 60,707 Machinery S: Equipment 831 208-313 Trucks, Tractors & Autos - 31 Sexvic_es & Other Cown ssiors 10,483 11,551 Dues & Memberships 83 30 Refuse Disposal 249 161 Laundry & Linens - 6 Licenses 900 40 Public Relations - 57 Printing - 18 Rental (Equipment) 138 Personnel 200 socurity 409 242 ML,;c. Prior Year Items (40) - Stindry 28 79 TOTAL $ 85,261 $96,1516 OPERAT:IG PROFIT (LOSS) $(14 487) $172673 :AR:,-:TAKER L PErJSE Insurance $ 1,681 $ 36 Depreciation 12,046 4,833 Property Taxes 5,1.97 5.320 TOTAL $ 18,9 21s 18 9 NET PRO (LOSS) $10, -5 (33,411)_ � $ 72484 :APITAL EXPEL T)ITUPFS 1974 1973 Pir,,np Upper Darr (1/2 Cost) $1,512 Used NC,z Casli Register fi473 OAK :BROOK BATH & TENNIS CLUB, INC. A4-9 STATEMENT OF OPERATIONS 31 DECEMBER 1974 FINAL _ s YEAR TO DATE 1974 1973 NCO1 E Gross Sales Sales - Food - BBQ Area Sales - Food - Club $ 9,508 $ 9,729 508 2,762 Sales - Beverage -- Club 1,633 2,101 Sales - Sporting Goods - Swkii 448 301 Sales - Sporting Goods - Te.«rnis 500 602 TOTAL SALES $_ 12555 $ 15,495 Less Cost of Goods Sold Food - BBQ Area Food - Club 4,4.24 5,317 - 125 804 Beverage - •Club 889 (40) Sporting Goods -- Swim 447 249 Sporting Goods - Tennis - 342 Sales Tax 58 129 TOTAL COST GOODS SOLD $ 5,943 $ 6,801 GROSS PROFIT (LOSS) $__62612 $ 8,694 .HE:RZ INCOME Seasons Dues $ 72,688 $ 80,000 New Member Deposits 7,400 .13,350 Daily Guest- Fees 2,925 2,507 Lesson - Swim 3,490 2,240 Lesson - Tennis 1,977 9,123 Rental Fees - 523 Sundry T 6,237 - Discount 24 34 Tennis Tournament (90) - Share of Catering Service 52 .. TOTAL OTHER IYCO�i" $_ 94,703 $ 107,754 TOTAL IACOTIE (LOSS) $101,315 $ 116,448 EMTING EXPE`ISE Compensation Supervisor; - Club $ 7,131 $ 10,246 Supervisory - Tennis 13,661 1,735 Supervisory - Swim 3,230 2,393 Life Guards 11,351 9,731 General Maintenance 5,854 6,032 OAK .BROOK EATH & TENNIS CLUB, mC, A4-9 STATEMENT OF OPBRATIOP:S 31 DECEi BEI: 1971;. _ x FINAL YEAR TO DATE PLZ.-TING EXPENSE (CONTI2�TJED) 1974 1973 ~� L,ompensation (Continued) Tennis $ 2,462 $ 2,033 Operating - BEQ Area 2,591 Operating - Club 796 Pool Maintenance 251 1,146 :Payroll Ta;ces & 2,317 3,366 Labor - Casual 7 Supplies 9 1,464 .Equipment & Tools 12630 420 Equipment & Tools - BBQ Area 1,129 1,450 Housekeeping & SarlLation 367 79 Postage 512 288 Stationery & Office 288 1,522 Tableware 4j"A.l i t:ie s Electricity 2,233 3 061 Heating 1,039 1,708 Telephone & Telegraph 175 940 Water Repairs 441 504 Buildings 331 b96 Furniture LIZ Fixtures 696 253 Ground & Land Improvements 10,253 17,132 Pool Maintenance Tennis 5,312 7,749 Temporary Facilities 1,310 2,107 S°rvices & Other 9,733 - Cormissions 4,706 10,386 Computer Charges 1,434 1,776 Consultinb Service 274 Decorations 140 168 Dues & Memberships 22 45 Janitorial 3C6 385 Laundry & Linens 48 280 Licenses -Movies, 1,359 ovies, Music, Etc. 1, c^,7 5£0 Personnel Photography 289 12 - OAK BROOK BATH & TENNIS CLUB, INC. A4--9 STATEYMYE 0'F OPERATIONS -: 31 DECE I-1BB R 1974 s FINAL YEAR TO DATE ?E RATING EXPENSE (CRN-IITT�D) 1974 1973 Services & Other (Continued) Printing $ 265 $ 339 Public Relations 173 218 Rental - Property, Etc. 214 I59 , Security Patrol. 5034 3,159 Travel 1 840 25 Piiscellaneous 917 (25,251) Interactivity Labor Charges zo-r Special Everts - 12,201 Mortgage Interest . . _ 424 27,266 TOTAL $ 87,248 $ 44,026 OPERATING PROFIT (LOSS) $ 14,057 - $ 22,422 FIRE LOSS TE2,20RA:�Y FACILITIES -- $ 8,499 xI" L�?SS - OTHER .. 471.750 TOTAL _ - $ 480,249 RETAKERS EXPENSE $- 14.0 )7 $__(457,827) Insurance $ 5,346 .- Depreciation 40,175 57,863 Property Taxes 4,739 8,500 TOTAL $ 50260 $ 66,363 NET PROFIT (LOSS) $ 6,193) S(524,,190) VITAL EXPEhTDITURES 3.974 1973 IO Round Tables $ 780 Screening - BBQ Area $12950 84 Folding Chairs 56�. 20 Deluxe Pool Lounges 1228 Washroom Shorter Enclosure 4,610 Diving Pool Cover 1030 Reception Tent - Pavilion 11,789 $ 4 Portable Bar - Pavilion 242 Construction in Progress 611-31-1- $79 296 April 20, 1977 BUTLER COMPANY OAK BROOK BATH & TENNIS CLUB, INTC. A4_9 STATEI E14T OF OPERATIONS 31 December 1976 Preliminary MONTH OF DECE'R YEAR TO DATE INCOME 1976 1975 1976 1975 Gross Sales Sales - Food B B Q Area - - 11,968 11,908 Sales - Liquor B B Q Area - - 701 - Sales - Food - Club - - 32,352 13,064 Sales - Beverage - Club - 15,769 7,788 Sales - Sporting Goods - Swim - - 343 1,135 Sales - Sporting Goods - Tennis - - 306 217 Sales - Vending Machine - Tennis - 838 TOTAL SALES -- 62,277 34,112 LESS COST OF GOODS SOLD Food B B Q Area - -- 4,132 4,800 Liquor B B Q Area _ _ 258 _ Food - Club (52) - 14,608 5,127 Beverage - Club - (100: 4,118 1,767 Vending Machine - - 586 - Sporting Goods - Swim - - 296 683 Sales Tax - - 195 236 TOTAL COST GOODS SOLD (5 2)- (]_00) 24,193 72,613 GROSS PROFIT (LOSS) 52 100 38 084 21 499 OTHER LNCOME Seasons Dues - - 112,525 1122650 New Member Deposits - - 16,800. 11,200 Daily Guest Fees - 3,732 3,747 Rentals - Lockers - - 4,292 4,079 Lesson- Swim - - 2,588 3,590 Lesson - Tennis _ - 4,512 1,925 Rental Fees - - 2,029 150 Sundry - - 1,626 534 Discount - - 68 28 Tennis Tournament (20) - 8 97 Service Charce 703 98 TOTAL OTHER INCO c (20) ' - - -- 156.883 i'38,098- TOTAL INCOME (LOSS) - 32 100 192,967 159_,597 April pril 20, 1977 OAK BROOK BATH & TENNIS CLUB, INC. A4-9 STATE-MEENfi OF OPERATIONS 31 December 1976 Preliminary MONId OF DECEISER YEAR TO DATE 1976 1975 1976 1975 OPERATING EX��'E;vSE Compensation Supervisory - Club - - 15,231 7,269 Supervisory - Tennis - - 1,292 1,643 Supervisory - Swim - - 2,000 3,100 Life Guards - - 12,158 1130640 General maintenance - - 3,667 5,340 Tennis - - 3,258 2,318 Operating - B B Q Area - - 2,518 971 Operating - Club - - 20,991 4,110 Payroll Taxes & Insurance - 4,913 2,754 . L-abor - Casual - - 1,047 2,187 Inter-Co - Labor Charges - - 50 - Supplies Employee 'peals - - 1,986 233 Equipnt F Tools - 12 3,571 1,930 Equipment & Tools B B O Area - - 486 475 ;Housekeeping & Sanitation - - 991 856 Postzge 12 2 850 253 Stationery & Office _ _ 1,013 734 Tablewitr - 2,227 38 Utilities Electricity 615 1,417 7,762 6,31-9 Heating - 190 3,202 2,402 Telephone & Telegraph 43 13 1,472 802 ' R:pairs Buildings - 33 4,104 617 Furniture & x'ixtures - 411 - Grouad & Lane Improvements _ - 7,206 7,883 Pool Maintenance - - 63216 61267 Tennis - - 923 663 Services & Other Awards & Trophies _ _ 149 CoLmissions - 6,147 5,191 Computer Charges 113 135 2,266 2,117 Consulting Services - -- 300 102 Decorations - - 1,099 67 Dues & Memberships - - - 67 Janitorial 135 - 2,827 2,305 .. 2 April 20, 1977 BUTLER COMPANY OAK BROOK &,Viii & TENNIS CLUB, z.;C. A4-9 STATE1-:NT OF OPERATYONS 31 December 1976 Pre liminary MONTH OF DECaIBER YEAR TO DATE OPEKATING EXPENSE (CONTINUED) 1976 1975 1976 1975. Services & Other (Continued) . Laundry & .Linens - - 1,122. 311 Legal Fees - - - 113 Licenses 615 - 2,197 1,646 Losses - Inventory - 342 - Hed:Cca 1 - - _ 44 - Movies, Music, etc. - - 930 310 Personnel - - 376 415 Photography - 38 15 38 Printing - - 1,670 1,073 Public Relations - - 67 616 Rental - Property, etc, 255 - 779 482 Security Patrol 16 11 4,?.44 4,081 Travel - (2) 510 901 Miscellaneous 2 - 49 10 Mortgage Interest 4,085 4,155 49,419 27,732 Misc. Prior Year Items - 750 TOTAL 5,891 61004 184,097 118.691 OPERATING PROFIT (LOSS) (5,85(") (5.904) 3,870 403906 Fire Doss - Other - - 1,000 TOTP_L OPERATING PROFIT (LASS) (5,859) {5,50'-) 8,870 39,906 CARETAKER EXPENSE Insurance 8,957 5,716 13,714 10,473 Depreciation 3,647 3,647 43,771 43,771 Property Taxes - 395 395 4,740 4,740 TOTAL 12,999 9,758 62,225 58.984 NET PROFIT' (LOSS) (18,858) (15,662) (53.355) {19 078 CAPITAL EXPE.'DITURES 1976 Dues 1975 Dues Chairs - Balance Due $2,160 Billed to Date $122,525 $112,650 Furniture 12264 Paid to Date 112,525 Refrigerator 1,794 Unpaid 12131176 $ 0 . Broiler 1,647 Construction in Progress 141938 $21,803 - 3 - party or parties designating such appraiser shall designate a new appraiser. The two (2) appraisers shall each prepare written appraisals and within thirty (30) days of the date of designation of the second appraiser, deliver them to each other, Purchaser and BNG. The appraisers shall meet promptly thereafter to determine by agreement the Appraised Value. If within forty (40) days following the designation of the second appraiser, the appraisers shall fail to agree upon the Appraised Value, the appraisers shall designate, in writing before the fortieth day, a third qualified appraiser. The third appraiser shall prepare a written appraisal of the Appraised Value and, within thirty (30) days of his designation, deliver it to the other appraisers, Purchaser and BNG. If within forty (40) days following the designation of a third appraiser, no two of the appraisers are able to agree on the Appraised Value, the determination of such value by the third appraiser shall be conclusive. The fees and expenses of the appraisers shall be borne equally by Purchaser and BNG. The purchaser price shall be paid in cash or certified check by one hundred eighty (180) days of determination thereof. At such time Purchaser shall deliver or cause to be delivered to BNG a general warranty deed conveying p ,free and clear of all liens and encumbrances except the lien of current real estate taxes not then due or payable, and the other title exceptions set forth on Exhibit E, and such further documents as may be reasonably requested by BNG to effectively transfer title to BNG. -2- I 11. Authority. Th' 'Village and Manager each represent and warrant to the other that it is fully and duly authorized to enter into this agreement. The Village hereby authorizes Manager to enter into any membership agreements, or other agreements contemplated hereby to be executed by Manager on the Village's behalf. 12. Notices. All notices required to be delivered hereunder shall be in writing and shall be delivered by depositing such notice into the U.S. mail sent certified, return receipt requested, addressed as follows: If to the Village to: Copy to: Village Manager President, Board of Trustees Village of Oak Brook Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60521 Oak Brook, Illinois 60521 Village Attorney Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 If to Manager to: Paul Butler David M. Gooder Butler International Lord, Bissell & Brook Sports Core, Inc. 115 South LaSalle Street c/o Butler Company Chicago, Illinois 60603 1000 Oak Brook Road Oak Brook, Illinois 60521 or to such other address as the parties may from time to time in writing direct. 13. Office. Manager's office shall be located at Butler Company, Oak Brook, Illinois. 14. Designation of Representatives. The Village hereby designates Ken Carmagnani, the present Village Manager or his successor, as its representative and Manager hereby designates Paul Butler or Jorie Ford Butler as its representative, each with authority to make daily operating decisions, who will be available for consultation during normal working hours. 15. No Assignment. Neither party may assign this agreement without the prior written consent of the other, and any such purported assignment, without such consent, shall be null and void. 16. Miscellaneous. (a) The Village shall have unrestricted access at all times to the -8- property and all facilities located thereon, provided that it shall not inter- fere with activities being conducted in accordance with this agreement. (b) The parties hereto agree that this agreement constitutes their entire agreement, and that there are no other agreements or understandings, oral or written, between the parties hereto, except as recited herein and except an agreement of purchase of even date herewith. (c) No amendment of this agreement shall be valid unless in writing and signed by the parties hereto. (d) This agreement shall inure to the benefit of, and shall be binding upon the parties hereto and their respective successors and assigns. (e) This agreement shall be construed in accordance with the laws of the State of Illinois. (f) Captions or headings in this agreement are for convenience only and shall not be deemed to limit, affect, or alter the meaning, scope or intent of the provisions hereof. (g) The recitals set forth in the preamble to this agreement are a material part of this agreement, and are hereby incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the date first above written. �ILLAGE OF '04 BROOK BUTLER INTERNATIONAL SPORTS CORE-INC. BY` BY. � ATTFS . . f , ATTEST: d'C' GUARANTEE For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Butler Company, an Illinois corporation, hereby guarantees the full and faithful performance by Manager of all of its duties and obligations hereunder. Signed this J ' S, day of M 1977. -9- BUTL CO i BY: ATTEST,�L -10- EXHIBIT A (Legal Description of Sports Core) The legal description, attached as Exhibit B to that certain purchase contract between Butler Company, as Seller and the Village of Oak Brook as Purchaser, dated even date herewith, is hereby made a part hereof. i LEGAL DESCRIPTIONS for lands in Sec. 's 25 and 26, T-, 39 N. , Pt111, E. of 3rd PM, Du Page .Counter, .Illinois shown on Plat of Survey Order No. 77-05-57 dated May 24, 1977 by Consoer, Townsend and Associates EXHIBIT "A" i t � i . f � �� '. .-.ff•'� _., -�4�^2'�7Aytifi��9M-2""'f:iR^S[�'£ ' '-Ydy�'Y*'�•!*�lYa�'}..i b.a.aFa+.r+ -y Y Y>--•!t\}T i��3s"�.I'�.17'n."!-'�-�v i w PARCEL 3-A That part of lot 1 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois, of parts of Sections 25 and 26, Township 39 North, Range 11, East of the Third Principal Meridian, according to plat thereof recorded February 13, 1912 per Document No. 107037 fallinq within the following described tract of land: Commencing at the most Southerly corner of Jorie Blvd. as dedicated in Corporate Plaza Subdivision Unit One, as per Plat thereof recorded October 14, 1970 as Document No. R70-37311, and vacated per Plat of Vacation recorded April 28 , 1972 as Document No. R72-21725; thence North and East along the Southerly lines of Jorie Blvd. as dedicated per Document No. R70-37311, the following three (3) curves, courses, and distances : (1) Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 474 feet, the chord thereof having a bearing of N. 630-001-55"E. , and a length of 428 :48 feet, an arc - distance of 444 .60 feet to a point of tangency; (2) thence N. 890-53'-10"E. , a distance of 1647. 75 feet to a point of curvature; (3) thence Northeasterly along an arc of a circle, being convex to the Southeast, having a radius of 574 feet, the chord thereof having a bearing of N. 590-031-46"E. , and a length of 588. 23 feet, an -arc - distance of 617. 59 feet; thence S. 770-30 '-42"E. , a distance of 254.41 feet; thence N. 680-111-47"E. , a distance of 289. 97 feet; thence S. 610-531-15"E-. , a distance of 174. 11 feet to .the place' of beginning; thence continuing S. 610-53 '-15"E. , a distance of 609. 62 feet to the centerthread of Salt Creek; thence along the centerthread of Salt Creek the following seventeen (17) courses and distances : (1) N.21°-03 '-27"E. , a distance of 101. 36 feet; (2) thence N. 19°-48 '-47"W. , a distance of 35.24 feet; (3) thence N.720-331-30"W. , a distance of 85. 60 feet; (4) thence N.250-59 '-25"W. , a distance of 33.40 feet; (5) thence N. 200-341-40"E. , a distance of 38. 34 feet; (6) thence N.470-491-29"E. , a distance of 21.06 feet; (7) thence N. 750-041-19"E. , a distance of 41.77 feet; (8) thence S.620-241-06"E. , a distance of 143 . 64 feet; (9) thence S.52°-51'-32"E. , a distance of 75. 26 feet; (10) thence S.100-18 '-20"E. , a distance of 37.78 feet; (11) thence S.440-371-42"E. , a distance of 54. 08 feet; (12) thence S. 330-05 '-26"E. , a distance of 95.57 feet; (13) thence S.60-551-35"E. , a distance of 56. 01 feet; (14) thence S.300-071-42"W. , a distance of 50. 73 feet; (15) thence S. 600-56 '-59"W. , a distance of 65.64 feet; (16) thence S.250-131-17"W. , a distance of 100.92 feet; (17) thence S. 160-22 '-23"W. , a distance of 60. 82 feet; thence S.540-58 '-35"E. , a distance of 401.35 feet; thence S. 17°-53'-13"E. , a distance of 340. 40 feet; thence S.500-20 '-30"E. , a distance of 125.30 feet to a point of curvature; thence Southerly along an arc of a circle, being convex to the Northeast, having a radius of 210 feet, the chord thereof having a bearing of S.170-161-36"E. , and a length of 229. 15 feet, an arc - distance of 242. 38 feet to a point of tangency; thence S. 150-47'-18"W. , a distance of 56. 90 feet, more of less, to a point which is 69. 89 feet N.15°-47 '-18"E. of a point on the South line of the Northwest 4 of Section 25, aforesaid, which point is 729. 61 feet S. 890-44 '-33"W. of the center of said Section 25; thence S. 750-351-00"E. , a distance of 114 .63 feet, more or less, to a point which is 600 feet S.870-50'-40"W. of a point on the North and South 4 . line of Section 25, aforesaid, which point is 58 feet N. 00-00'-34"E. of the center of said Section 25; thence N.870-501-40"E. , a distance of 600 feet to said point on said North and South 4 line of said Section 25, which is 58 feet N.00-001-34"E. of the center of said Section 25; thence N. 00-00 '-34"E. , along said North and South 4 line, a distance of 809:-00 feet, more or less, to a line drawn parallel with the No h line of the NW4 of said Section 25, and . passing through the ost Southerly corner of York Road (SA-8) as /GOD. 3 3 -2- dedicated per Plat thereof, recorded October 10, 1961 as Document No. R61-25687; thence S. 890-37 'W. along said parallel line to the most Southerly corner of York Road as dedicated per Doc. No. R61-25687, a distance of 33. 00 feet; thence N.160-09 '-49"W. along the Southwesterly line of said York Road, a distance of 150. 78 feet to the Southwest corner of York Road (SA-8) as per Plat of dedication recorded October 10, 1961 as Document No. R61-25688; thence N. 00--00'-34"E. along the West line of York Road as dedicated per Document No. R61-25688 , a distance of 705.00 feet to the South line of lot 14 in Northern Illinois Gas Company York Township Assessment Plat No. 1, per Plat thereof recorded August 4, 1964 per Document No. R64-28042; thence S. 890-37 '-00"W. along said South line of lot 14, a distance of 1809. 59 feet, more or less, to a point which is 696.34 feet N.890-37 '-00"E. of the Northeast corner of Jorie Blvd. as dedicated in Corporate Plaza Subdivision Unit One, as per Plat thereof recorded October 14, 1970 as Document No. R70-37311; thence S.80-09'-30"W. , a distance of 413. 98 feet; thence S. 30-381-31"W. , a distance of 523. 54 feet, more or less, to the place of ,beginning (except that part thereof falling within the East 33 feet of the Nwh of said Section 25 as now occupied for highway purposes (York Rd) and except therefrom that part thereof described as follows: Commencing at the North 4 corner of Section 25, aforesaid; thence S. 00-001-34"W. along the East line of the NWT of said Section 25, a distance of 1199. 98 feet; thence N.69 -52'-03"W. , a distance of 1072.09 feet to the place of beginning of said exception; thence S.860-531-01"E. , a distance of 235.18 feet; thence S. 20-311-51"W. , a distance of 1105.41 feet; thence S.470-171-41"E. , a distance of 80.98 feet; thence S. 110-271-29"E. , a distance of 32. 39 feet; thence N.790-191-37"W. , a distance of 86.69 feet; thence N. 30-37'-06"W. , a distance of 68. 02 feet; thence N.480-00 '-55"W. , a distance of 283. 55 feet; thence N. 20-58'-19"E. , a distance of 931.42 feet, more or less, to the place of beginning of said exception) all in Du Page County, Illinois. j -3- PARCEL 3-B That part of Section 25, Township 39 North, Range 11, East of the Third Principal Meridian and those parts of lots 2, 3, 6, 16 and 17 all in Plat of Lands of P.O. and J.F. Butler, Town of York, Du Page County, Illinois, as per Plat thereof, recorded February 13, 1912 as Document No. 107037, described as follows Commencing at the center of Section 25, aforesaid; thence 5. 890r44 '-33"W. along the South line of the NWa of said Section 25, a distance of 937. 89 feet; thence S.0°-15 '-27"E. at right angles to last described line, a distance of 51.80 feet; thence S. 890-44 ' -33"W. parallel with the North line of the SWa of said Section 25, a distance of 790. 62 feet to the place of beginning; thence continuing 5. 890-44 '-33"W. along said parallel line, a distance of 898. 31 feet, more or less, to a point on the West line of the SA of said Section 25, said point being 51.80 feet, S. 00-05 '-55"E, of the West a corner of said Section 25; thence S. 890-28 '-02"W. , parallel with the North line of the SE4 of Section 26, Township and Range, aforesaid, a distance of 570. 75 Feet to the centerthread of Salt Creek; thence Southerly along the centerthread of Salt Creek, the following sixteen (16) courses and distances: (1) S.70-271-27"E. , a distance of 59.91 feet; (2) thence S. 220-59'-47"W. , a distance of 402. 00 feet; (3) thence S. 90--18 '-58"W. , a distance of 100.98 feet; (4) thence S. 10-41'-03"E. , a distance of 92. 01 feet; (5) thence S. 50-43 '-56"E. , a distance of 102.84 feet; (6) thence 5 .120-54 '-23"W. , a distance of 200. 81 feet; (7) thence S. 180-311-18"W. , a distance of 101.79 feet; (8) thence S. 300-37 '-59"W. , a distance of 164 .77 feet; (9) thence S. 250-30 '-22"W. , a distance of 337.84 feet; (10) thence 5. 13°-30'-00"W. , a distance of 150. 00 feet; (11) thence S. 90-30'-00"E. , a distance of 200. 00 feet; (12) thence S.180-301-00"E. , a distance of 200. 00 feet; (13) thence S. 40-301-00"E. , a distance of 100. 00 feet; (14) thence S. 140-00100"W. , a distance of 100.00 feet; (15) thence S. 270-00100"W. , a distance of 200. 00 feet; (16) thence S.00-55 '-32"E. , a distance of 217. 97 feet, more or less, to a point on the South line of the SEa of Section 26, aforesaid, thence 5. 890-52'-57"E. along the South line of said SEa of Section 26, a distance of 1076. 63 feet, more or less, to the Southwest corner of the SA of Section 25, aforesaid, thence S.890-56 '-07"E. along the South line of said SA of Section 25, a distance of 1311.42 feet, more or less, to the Southerly extension of the West line of Westchester Park Subdivision (as monumented) a subdivision in the SW4 of Section 25, aforesaid, as per Plat thereof recorded November 13, 1925 as Document No. 203037; thence N. 00-00 '-34"E. along the West line of said Westchester Park Subdivision, as monumented, a distance of 663. 61 feet (663. 50 feet recorded) to the Northwest corner of said Westchester Park Subdivision; thence S. 890-56 '-07"E. along the North line of said Westchester Park Subdivision, as monumented, a distance of 1310.24 feet (1311 feet recorded) to the North & South 4 line of Section 25 , aforesaid; thence N.00-00 '-34"E. along said North & South 4 line, a distance of 1998. 45 feet, more or less, to the center of said Section 25; thence continuing N. 00-00 ' -34"E. , along said North & South a line, a distance of 58 . 00 feet; thence S.87°-50'-40"W. , a distance of 600. 00 feet; thence N. 750-35 '-00"W. , a distance of 114 . 63 feet, more or less, to a point �4hich is 69. 89 feet N. 15°-47' -18"E. of a point on the South line of the Northwest a of Section 25, aforesaid, which point is 729. 61 feet 5. 89°-44 '-33"W. of the center of said Section 25; thence S. 150-47 '-18"W. , a. distance of 10. 00 feet to a point; thence 5. 870-251-13"W. , a distance of 181. 47 feet; thence N.810-52 --36"W. , a distance of 117. 15 feet; thence -4- S. 860-55 '-10"W. , a distance of 179 . 80 feet; thence S. 510-54 '-11"W. , a distance of 47. 12 feet; thence S. 800-31'-54"W. , a distance of 507 . 98 feet, more or less, to the place of beginning, (excepting therefrom the following Seven (7) tracts of land: (1) (that part of Section 25, aforesaid, and also that part of lot 1 in Plat of Lands of F.O. and J.F. Butler, aforesaid, described as follows : Commencing at the center of Section 25, aforesaid; thence N. 00-00' -34"E. along the North & South 4 line of said Section 25, a distance of 58.00 feet; thence S. 87°-50 '-40"W. , a distance of 600. 00 feet to the place of beginning of herein described exception; thence N.75°-35'-00"W. , a distance of 114. 63 feet, more or less, to a point which is 69.89 feet N. 150-47 '-18"E. of a point on the South line of the NA of Section 25, aforesaid, which point is 729.61 feet S. 890-44 '-33"W. of the center of said Section 25; thence S. 150-47 '-18"W. , a distance of 10. 00 feet to a point; thence S. 870-251-13"W. , a distance of 181.47 feet; thence N. 810-52 '-36"W. , a distance of 117.15 feet; thence S.860-551-10"W. , a distance of 179.80 feet; thence 5.510-541-11"W. , a distance of 47. 12 feet; thence S.00-251-32"W. , a distance of 199. 87 feet; thence S. 880-011-33"E. , a distance of 621. 34 feet; thence N.20-00'-09"E. , a distance of 232.85 feet, more or less, to the place of beginning of said exception;) (2)(that part of the SE4 of Section 26, aforesaid, being that part of lot 6 in Plat of Lands of F.O. and J.F. Butler, aforesaid, described as follows: Commencing at- a point on the West line of the SW4 of said Section 25, said point being 51.80 feet S. 0°-05 '-55"E. of the West 4 corner of said Section 25; thence S. 890-281-02"W. , parallel with the North line of the SE4 of Section 26, aforesaid, a distance of 570.75 feet to the centerthread of Salt Creek; thence Southerly along the centerthread of Salt Creek the following eight (8) courses and distances: (1) S.70-271-27"E. , a distance of 59. 91 feet; (2) thence S. 220-591-47"W. , a distance of 402. 00 feet; (3) thence S. 90-181-58"W. , a distance of 100. 98 feet; (4) thence S. 10-41'-03"E. , a. distance of 92. 01 feet; (5) thence S. 50-431 -56"E. , a distance of 102.84 feet; (6) thence S. 120-541-23"W. , a distance of 200.81 feet; (7) thence S. 180-311-18"W. , a distance of 101.79 feet; (8) thence S. 300-371-59"W. , a distance of 164 . 77 feet to the place of beginning of herein described exception; thence continuing Southerly along the centerthread of Salt Creek, the following eight (8) courses and distances : (1) S.250-301-22"W. , a distance of 337. 84 feet; (2) thence S. 130-30 '-00"W. , a distance of 150.00 feet; (3) thence S. 90-30 '-00"E. , a distance of 200. 00 feet; (4) thence S. 180-301 -00"E. , a distance of 200. 00 feet; (5) thence S. 40-301-00"E. , a distance of 100. 00 feet; (6) thence S. 140-00 '-00"W. , a distance of 100.00 feet; (7) thence S.270-00'-00"W. , a distance of 200. 00 feet; (8) thence S. 00-55'-32"E. , a distance of 217.97 feet, more or less, to the South line of the SE4 of Section 26, aforesaid; thence S.890-52 '-57"E. along the South line of said SE4, a distance of 338. 43 feet, more or- less, to a point which is 738. 20 feet N. 890-52 ' -57"W. of the Southeast corner of' said Section 26; thence N. 60-131-45''E. , a distance of 162. 27 feet to a point of curvature; 'thence Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 500 feet, the chord thereof having a bearing of N. 140=231-28"E.' and a length of 141. 97 feet, an arc - distance of 142.45 feet to a point of tangency; thence N. 220--33 ' -11"E. , a distance of 97. 15- feet to a point of curvature; thence Northerly along an arc of a circle being convex to the East, having a radius of 200 feet, the chord thereof having a bearing of N.70-47 '-37"E. and a length of 101. 90 feet, an arc - distance of 103. 04 feet to a point of tangency; -5- thence N. 60-57 ' -57"W. , a distance of 63 . 07 feet to a point of curvature, thence Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 180 feet, the chord thereof having a bearing of N. 130-10 '--58"E. and a length of 124 . 00 feet, an arc - distance of 126 . 60 feet to a point of tangency, thence N. 330-191 -54"E. , a distance of 119.70 feet; thence N. 290-491 -15"E. , a distance of 167. 16 feet; thence N. 310-40 '-24"E. , a distance of 84 . 34 feet to a point of curvature; -thence Northeasterly along an arc of a circle, being convex to the Southeast, having a radius of 350 feet, the chord thereof having a bearing of N. 240-16 '-55"E. and a length of 90. 05 feet, an arc - distance of 90. 30 feet to a point of - tangency; thence N. 160-53 '-26"E. , a distance of 13. 86 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 250 feet, the chord thereof having a bearing of N.320-43 '-28"E. and a length of 136 . 42 feet, an arc - distance of 138 . 18 feet, more or less, to a point which is 627. 63 feet S. 680-21 '-30"E. of the place of beginning of said exception; thence N.680-21.'-30"W. , a distance of 627. 63 feet to the place of beginning of said exception);(3) (that part of the SW4 of Section 25, aforesaid ' and those parts of lots 6 and 16 in Plat of Lands of F.O. and J.F. Butler, aforesaid, described as follows : Commencing at a point on the West line of the SW4 of Section 25, aforesaid, said point being 51. 80 feet S.00-05 '-55"E. of the West 4 corner of said Section 25; thence S.890-281-02"W. , parallel with the North line of the SE4 of Section 26, aforesaid, a distance of 570. 75 feet to the centerthread of Salt Creek; thence Southerly along the centerthread of Salt Creek the following five (5) courses and distances: (1) S.70-27'-27"E. , a distance of 59 . 91 feet; (2) thence S. 220-591-47"W. , a distance of 402. 00 feet; (3) thence S. 90-18 '-58"W. , a distance of 100. 98 feet; '(4) thence S.10-411-03"E. , a distance of 92. 01 feet; (5) thence S. 50-43 ' -56"E. , a distance of 76. 72 feet to the place of beginning of herein described exception; thence continuing Southerly along the centerthread of Salt Creek, the following four (4) courses and distances : (1) S. 50-43'-56"E. , a distance of 26. 12 feet; 12) thence S. 12o-541-23"W. , a distance of 200. 81 feet; (3) thence S. 180-311-18"W. , a distance of 101. 79 feet; (4) thence S.300-37 '-59"W. , a distance of 164. 77 feet; thence S . 680-21'-30"E. , a distance of 627. 63 feet; thence N. 480-33'-30"E. , a distance of 153. 00 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 260. 00 feet, the chord thereof having a bearing of N. 680-23 ' -44"E. and a length of 176.46 feet, an arc - distance of 180. 04 feet to a point of tangency; thence N. 880-13 '-58"E. , a distance of 55. 52 feet; thence N.10-291-26"E. , a distance of 522. 13 feet; thence N. 890-52 '-57"W. , a distance of 772. 69 feet, more or less, to the place of beginning of said exception;; (4) (that part of Section 25, aforesaid, and that part of lot 2 in Plat of Lands of F.O. and J.F. Butler, aforesaid, described as follows : Commencing at a point on the West line of the SWk of Section 25, aforesaid, said point being 51. 80 feet S. 00-05 -55 "E. of of the West 4 corner of said Section 25; thence S.890-28 '-02"W. parallel with the North line of the SE4 of Section 26 , 'aforesaid, a distance of 570. 75 feet to the centerthread of Salt Creek; thence Southerly along the centerthread of Salt Creek, the following eight (8) courses and distances : (1) S. 70-27 '-27"E. , a distance of 59. 91 feet; (2) thence S.220-59'-47"W. , a distance of 402.00 feet; (3) thence S. 90-18 ' -58"W. , a distance of 100. 98 feet; (4) thence S. 10-411 -03"E. , a distance of 92.01 feet; (5) thence S. 50-43 ' -56"E. , a distance of 102. 84 feet; (6) thence S.120-54 '-23"W. , -6- , a 7gl40 a distance of 200.81 feet; (7) thence S. 180-3 ' -18'vW. , a distance of 101. 79 .feet; (8) t ence S.300-371 -59"W. , a* distance of 164. 77 V- feet; thence S. 680-21130"E. , a distance of E�27. 63 feet; thence N. 480-33 ' -30"E. , a distance of 153 . 00 feet ti a point of curvature; thence Northeasterly a1 ng an arc of a circl , being convex to the Northwest, having a radi s of 260. 00 feet, he chord thereof having a bearing of N. 68o-23 '-4 . "E. and a length o 176.46 feet, an arc - distar_ce of 180. 04 feet t a point of tange cy; thence N. 880-13 '-58"E. a distance of 55. 52 feet, the place of t e beginning of herein described exception, thence 1. 10-29 '-26"E. , a distance of q-& feet• thence S_ 89o-05'-14"E. , a distance of thence 70 -52 '-0l"W. , a distance of^ -- ?- feet; 4-" thence S. 120-381-25"W. , a distance of 319. 50 feet; thence S. 870-53'-35"W. , a distance of 83. 29 'feet; thence S. 790-31'-25"W. , a distance of 353. 02 feet; thence S. 880-13 '-58 "W. ,, a distance of 206. 50 feet, more or less, to the place of beginning of said exception); (5) (the South 33 feet thereof falling within Section 26, aforesaid; as now occupied for highway purposes (31st Street)); (6) (that part thereof falling within Section* 25, aforesaid, and lying South of a line 33 feet North of, as measured at right angles to and parallel with the centerline of 31st St. , as now occupied for highway purposes (31st Street)) and except (7) (the East 33 feet thereof, as now occupied for highway purposes (York Rd. ) ) , all in Du Page County, Illinois. 6� 5 Al 9 7 ' o daot�� Aav f fr --�► -7 . ,wkn.T ,_...... �{ -.z+;r' -F. A.y°: y .'7r f• K`r.,..;t y... c - t PARCEL 4 That part of Section 25, Township 39 North, Range 11, East of the Third Principal Meridian and also that part of lot 1 in Plat of Lands of F.Q. and J.F. Butler, Town of York, Du Page County, Illinois, according to Plat thereof recorded February 13, 1912 per Document No. 107037, falling within a tract of land described as follows : Commencing at the center of Section 25, aforesaid; thence N. 00-00 '-34"P. along the North & South 4 line of said Section 25, a distance of 58. 00 feet; thence S. 870-501-40"W. , a distance of 600. 00 feet to the place of beginning; thence N.750-35 '-00"W. , a distance of 114. 63 feet, more or less, to a point which is 69. 89 feet N. 150-47 '-18"E. of a point on the South line of NTr1a of Section 25, aforesaid, which point is 729. 61 feet S. 890-44 '-33"tip'. of the center of said Section 25; thence S. 150-47 '-18"W. , a distance of 10. 00 feet to a point; thence S. 870-25' -13"W. , a distance of 181. 47 feet; thence N. 810-52 '-36"W. , a distance of 117. 15 feet; thence S. 860-55 ' -10"W. , a distance of 179. 80 feet; thence S. 510-54 ' -11"W. , a distance of 47. 12 feet; thence S.00-25 -32"W. , a distance of 199. 87 feet; thence S.880-01 ' -33"E. , a distance of 621. 34 feet thence N. 20-00 '-09"E. , a distance of 232. 85 feet, ' more or less, to the place of beginning containing 3. 4282 Acres, more or less, all in Du Page County, Illinois. PARCEL 5 That part of the SE4 of Section 26, Township 39 North, Range 11, Fast of the Third. Principal Meridian, being that part of lot 6 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois, according to Plat thereof_ recorded February 13, 191 per Document No. 107037 , falling within the .following described tract of land: Commencing at a point on the VTest line of the SA of said Section 25, said point being 51. 80 feet S. 00-05L55"E. of the West 4 corner of said Section 25; thence S. 890-28 '-02"W. , parallel with -the North line of the SE4 of Section 26, aforesaid, a distance of 570. 75 feet to the centerthread of Salt Creek; thence Southerly along the centerthread of Salt Creek the following eight (8) courses and distances : (1) S. 70-271 -27"E. , a distance of 59. 91 feet,- (2) thence S. 220-59' -47"W. , a distance of 402. 00 feet; (3) thence S. 90-181-58"W. , a distance of 100. 98; (4) thence S. 10-4l'-03"E. , a distance of 92. 01 feet; (5) thence S.50-431 -56"E. , a distanc^ of 102. 84 feet; (6) thence S. 120-541-23"W. , a distance of 200.81 feet? (7) thence S. 180-3l '-18"W. , a distance of 101.79 feet; (8) thence S. 300-37 ' -59"W. , a distance of 164 . 77 feet to the puce of beginning; thence continuing Southerly along the centerthread of Salt Creek, the following eight (8) courses and distances: (1) S. 25°-30'-22"W. , a distance of 337. 84 feet; (2) thence 5.130-30'-00"W. , a distance of 150. 00 feet; (3) thence S. 90-301-00"E. , a distance of 200. 00 feet; (4) thence 5. 181)-301-00"E. , a distance of 200. 00 feet; (5) thence S.40-301--00"E. , a distance of 100. 00 feet; (6) thence S.140-00 '-00"W. , a distance of 100. 00 feet; (7) thence S. 270-00'-00"I' a distance of 200. 00 feet; (8) thence S.00-551-32"E. , a distance of 217. 97 feet, more or less, to the South line of the SE4 of Section 2E aforesaid; thence S. 890-52 ' -57"E. along the South line of said SE4, a distance of 338. 43 feet, more or less, to a point which is 738.20 feet N. 890-52'-57"W. of the Southeast corner of said Section 26; thence N. 60-131-45"E. , a distance of 162.27 feet to a point of curvature; thence Northeasterly along an arc of circle, being convex to the Northwest, having a radius of 500 feet, the chord thereof having a bearing of N. 140-23 '-28"E. and a length of 141. 97 feet, an arc - distance of 142.45 feet to a point of tangency; thence N. 220-331-11"E. , a distance of 97. 15 feet to a point of curvature; thence Northerly along an arc of a circle, being convex to the East, having a radius of 200 feet, the chord thereof having a bearinc of N. 70-47 '-37"E. and a length of 101 . 90 feet, an arc - distance of 103. 04 feet to a point of tangency; thence N. 60-571-57"W. , a distance of 63 . 07 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 180 feet, the chord thereof having a bearing of N. 130-10'-58"E. and a length of 124 . 00 feet, an arc - distance of 126. 60 feet to a point of tangency; thence N. 330-19 '-54"E. , a distance of 119. 70 feet; thence N. 290-49 '-15"E. , a distance of 167. 16 feet; thence N. 310-40 '-24"E. , a distance of 84. 34 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Southeast, having a radius of 350 feet, the chord thereof having a bearing of N. 240-161-55"E. and a length of 90. 05 feet, an arc - distance of 90. 30 feet to a point of tangency; thence N. 160-53 -26"E. , a distance of 13.86 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 250 feet, the chord thereof having a bearing of N. 320-43' -28"E. and a length of 136.42 feet, an arc - distance of 138. 18 feet, more or less, to a point which is 627.63 feet 5. 680-21'-30"E. of the place of beginnings thence N. 680-21' -30"VI. , a distance of 627. 63 feet to the place of beginning, (except the South 33 feet thereof , as now occupied for highway purposes (31st Street) ) all in Du Page County, Illinois . -9- PARCEL 6 That part of lot 1 in Plat of Lands of F .O. and J.F. Butler, Town of York, Du Page County, Illinois, of parts of Sections 25 and 26, Township 39 North, Range 11, East of the Third Principal Meridian, according to plat thereof recorded February 13, 1912 per Document No. 107037, falling within the following described tract of land: Commencing at the North 4 corner of Section 25, aforesaid; thence S. 00-00'-34"W. along the Fast line of the NW4 of said Section 25, a distance of 1199. 98 feet; thence N. 690-521-03"w. , a distance of 1072. 09 feet to the place of beginning; thence S. 860-53 ' -81"E. , a distance of 235. 18 feet; thence S. 20-3l'-51"W. , a distance of 1105. 41 feet; thence S. 470-17 '-41"E. , a distance of 80.98 feet; thence S. 110-27 '-29"E. , a distance of 32. 39 feet; thence N. 790-19'-37"W. , a distance of 86. 69 feet; thence . N. 3o-37'-06"W. , a distance of 68. 02 feet; thence N.480-00 '-55',W. , a distance of 283. 55 feet; thence N. 20-58 '-19"E. , a distance of 931.42 feet, more or less, to the place of the beginning containing 5. 7557 Acres, more or less, all in Du Page County, Illinois. -10_ ,b: PARCEL 7 That part of the SW4 of Section 25, Township 42 North, Range 11 , East of the Third Principal Meridian and also those parts of lots 6 and 16 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois, according to Plat thereof recorded February 13, 1912 per Document No. 107037, falling within the following described tract of land: Commencing at a point on the West line of the SWk of Section 25, aforesaid, said point being 51.80 feet S. 00-05 '-55"E. of the West G corner of said Section 25; thence S. 890-28 '-02"W. , parallel with the North line of the SE4 of Section 26, aforesaid, a distance of 570.75 feet to the centerthread of Salt Creek; thence Southerly along the centerthread of Salt Creek the following five (5) courses and distances : (1) S. 70-271-27"E. , a distance of 59. 91 feet; (2) thence S.220-591-47"W. , a distance of 402. 00 feet; (3) thence S. 90--18 '-58"W. , a distance of 100.98 feet; (4) thence S. 10-41' -03"E. , a distance of 92. 01 feet; (5) thence S. 50-43 '-56"E. , a distance of 76.72 feet to the place of beginning; thence continuing Southerly along the centerthread of Salt Creek, ,the following four (4) courses and distances : (1) S. 50-431-56"E. , a distance of 26. 12 feet; (2) thence S.120-54 '-23"W. , a distance of 200. 81 feet; (3) thence S.180-31'-18"W. , a distance of 101. 79 feet; (4) thence S. 300-37 ' -59"W. , a distance of 164.77 feet; thence 5. 680-211-30"E. , a distance of 627. 63 feet; thence N. 480-33'-30"E. , a distance of 153. 00 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 260. 00 feet, the chord thereof having a bearing of N. 680-23' -44"E. and a length of 176.46 feet,. an arc - distance of 180. 04 feet to a point of tangency; thence N. 880-13'-58"E. , a distance of 55. 52 feet; thence N. 10-291-26"E. , a distance of 522. 13 feet; thence N. 890-52 '-57"W. , a distance of 772. 69 feet, more or less, to the place of beginning, containing 11. 1157 Acres, more or less, all in Du Page County, Illinois. -11- PARCEL 8 That part of Section 25, Township 39 North, Range 11, East of the Third Principal meridian, and also that part of lot 2 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois, according to Plat thereof recorded February 13, 1912 per Document No. 107037 falling within the following described tract of land: Commencing at a point on the West line of the SW4 of Section 25, aforesaid, said point being 51.80 feet S. 0°-05 '-55"E. of the West n corner of said Section 25; thence S. 890-28 '-02"fix. , parallel with the North line of the SEk of Section 26, aforesaid, a distance of 570. 75 feet to the centerthread of Salt Creek; thence Southerly along the centerthread of Salt Creek, the following eight (8) courses and distances: (1) S. 7°-27'-27"E. , a distance of 59. 91 feet; (2) thence S .220-59'-47"W. , a distance of 402. 00 feet; (3) thence S. 90-18 ' -58"W. , a distance of 100. 98 feet; (4) thence S. 1°-41 '-03"E. , a distance of 92. 01 feet; (5) thence S. 5°-43 '-56"E. , a distance of 102.84 feet; (6) thence S. 120-54 '-23"W. , a distance of 200. 81 feet; (7) thence S. 180-31'-18"W. , a distance of 101.79 feet; (8) thence S. 300-37' -59"W. , a distance of 164. 77 feet; thence S. 68°-21'-30"E. , a distance of 627. 63 feet; thence N.480-33'-30"E. , a distance of 153. 00 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 260. 00 feet, the chord thereof having a bearing of N. 68°-23'-44"E. - and a length of 176. 46 feet, an arc distance of 180. 04 feet to a point of tangency; thence N.88°-13 '-58"E. , a distance of 55. 52 feet, to the place of beginning; thence N.10-291 -26"E. , a distance of qg@P94 feet thence S. 89o-05'-14"E. , a distance of -"@.-69 eet; ,91�Gd thence S. 0 -521-01"W. , a distance of 984r29� feet; thence S.120-381-25"W. , a distance of 319. 50 feet; thence S 870-53'-35"W. , a distance of 83. 29 feet; thence S.79°-31'-25"W. , a distance of 353. 02 feet; thence S_ 88°-13 '-58"W_ , a distance of 206.50 feet, more or less, to the place of beginning, contain ng 14:1{65 Acres, more or less, all in Du Page County, Illinois. 791 3 -12- 4 LEGAL DESCRIPTION FOR PROPOSED EASEMENT "A" . That part of lot 1 in Plat of Lands of F. O. and J. F. Butler, Town of York, DuPage County, Illinois , of parts of Sections 25 and 26, Township 39 North, .Range 11, East of the Third Principal Meridian, according to plat thereof recorded February 13, 1912 per Document No. 107037 , described as follows: Commencing at the North ; corner of Section 25, afore- said; thence S. 00-00 ' -34" W. along the North and South a line of said Section 25, a distance of 1199. 98 feet; thence N•.690-521-03"W. , a distance of 1072 .09 feet;,. thence S. 860- 53'-01"E. , a distance of 235.18 feet to the place of begin- ning; thence S. 20-311 -51"W. , a distance of 1105.41 feet; thence 5470-171-41"E. , a distance of 80.98 feet; thence N. 560-24 '-39" E. , a distance of 199. 25 feet; thence N. 120-24 '- 54"E. , a distance of 113 .64 feet; thence N. 20-05 '-14"E. , a distance of 925..87 feet; thence N.860-53 '-01"`a. , a distance of 235.18 feet, more or less, to the place of beginning, in DuPage County, Illinois. i -13- _ LEGAL DESCRIPTION FOR PROPOSED EASEMENT "B That part of lot 1 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois, of parts of Sections 25 and 26, Township 39 North, Range 11, East of the Third Principal Meridian, according to plat thereof recorded February 13, 1912 per Document No. 107037, described as follows: Commencing at the North 4 corner of Section 25, afore- said; thence S. 00-00 ' -34"W. along the North and South 4 line of said Section 25, a distance of 1199. 98 feet; thence N. 690-52 '-03"W. , a distance of 1072 . 09 feet; .thence S.860-53 01"E. , a distance of 235. 18 feet; thence S. 29-31 ' -51"W. a distance of 1105. 41 feet; thence S.470-17 ' -41"E. , a distance of 80. 98 feet to the place of beginning; thence S.110-27 '- 29"E. , a . distance of 32.39 feet; thence N. 560-24 '-39"E. , a distance of 180 . 38 feet; thence N. 120-24 -54"E. , a distance of 43.19 feet, more or less, to a point which is 199. 25 feet N. 560-24 ' -39"E. of the place of beginning; thence 5. 560-24 '- 39"W. , a distance of 199. 25 feet to the place of beginning, in Du Page County, Illinois. -14- LEGAL DESCRIPTION FOR PROPOSED EASEMENT "C" That part of lot 1 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois, of parts of Sections 25 and 26, Township 39 North, Range' ll, East of the third Principal Meridian, according to plat thereof recorded February 13, 1912 per Document No. 107037 , described as follows: Commencing at the North 4 corner of Section 25, afore- said; thence S . 00-00 '-34"W. along the North and South 4 line of said Section 25, a distance of 1199.98 feet; thence N. 690- 521 -03"W. , a distance of 1072. 09 feet; thence S. 80-53 '-01"E. , a distance of 235. 18 feet; thence S. 2o-31 '-51"W. , a distance of 1105. 41 feet; thence S. 470-171 -41"E. , a distance of 80. 98 feet; thence S. 110-27 '-29"E. , a distance of 32.39 feet thence N.790-19 ' -37"jd. , a distance of 86.69 feet;. thence N.30- 371 -06"W. , a distance of 68. 02 feet; thence N. 480--001-55 11W. , a distance of 202. 24 feet to the place of beginning; thence continuing N. 480-001-55"W. , a distance of 81. 31 feet; thence N. 20-581-19"E. , a distance of 127.68 feet; thence N.160-281- 55"W. , a distance of 342. 02 feet; thence S. 540-15 '-29"W. , a distance of 64. 33 feet to the centerthread of Salt Creek; thence Southerly along the centerthread of Salt Creek the following six (6) courses and distances: (1) thence S.33o-05 ' 26.E., a distance of 74.47 feet; (2) thence S.60-55 -35"E. , a distance of 56. 01 feet; (3) thence S. 300-07 '-42"W. , a dis- tance of 50.73 feet; (4) thence S.600-561-59"W. , a distance of 65. 64 feet; (5) .thence S.250-13 '-17"W. , a -distance of 100. 92 feet (6) thence S.160-221-23"W. , a distance of 60. 82 feet; thence S.540-58 -35"E. , a distance of 401.35 feet; thence N.160-28 '-55"W. , a distance of 105. 80 feet, more or less, to the place of beginning., in -Du Page County, Illinois, -15 LEGAL DESCRIPTION FOR PROPOSED EASEMENT "D" That part of lot 1 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois, of parts of Sections 25 and 26, Township 39 North, Range 11 , East of the Third Principal Meridian, according to plat thereof recorded February 13, 1912 per Document No. 107037, described as follows: Commencing at the North 4 corner of Section 25, afore- said; thence S. 00-001-34"W. , along the North and South 4 line of said Section 25, a distance of '1199. 98 feet; thence N. 690-52 ' -03"W. , a distance of 1072. 09 feet; thence S. 86°-53 ' 01"E. , a distance of 235. 18 feet; thence S. 20-31' -51"W. , a distance of 1105. 41 feet; thence S470-17 '-41"E. , a distance of 80. 98 feet; thence S. 110-27 '-29"E. , a distance of 32.39 feet; thence N. 790-19 ' -37"W. , a distance of 86 .69 feet; thence N. 30-371-06"W. , a distance of 68.02 feet to the place of beginning; thence N.480-00 '-55"W. , a distance of 20. 31 feet; thence S. 290-59 ' -23"W. , a distance of 42. 35 feet; thence S. 460-331-20"E. , a distance of 17. 76 feet; thence N.330-30 '--07" E. , a distance of 42. 14 feet, more or less, to the place of beginning, in Du Page County, Illinois. -16 LEGAL DESCRIPTION FOR PORPOSED EASEMENT "E" That part of the Sid - of Section 25, Township 39 North. Range 11, East of the Third Principal Meridian and that part of lot l in Plat of lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois, according to plat thereof recorded February 13 , 1912 per Document No. 107037, being a strip of land 100 feet wide and lying 50 feet North and 50 feet South of the following described centerline: Beginning at a point on the North and South 4 line of Section 25, aforesaid, which point is 58 feet N. 0o-00T=34"E. of the center of said Section 25; thence S.87o-50'-40"W. , a distance of 600 feet to a point "A" , so called for the purpose of identification in this description; thence N. 750-35 'W. , a distance of 114. 63 feet, more or less, to a point of termin ation which is 69. 89 feet N. 150-47 ' -18"E. , of a point on the South line of the NA of said Section 25, which point is 729. 61 feet S. 89044 -33"W. of the center of said Section 25, said Easement bounded on the East by a line drawn 33 feet West of, as measured at right angles to, and parallel with, the North and South a line of said Section 25 and the South 50 feet of said easement bounded on the West by a line drawn through point "A" , aforesaid, with a bearing of S.20-00 '-09" W. , and the North 50 feet of said easement being bounded on the West by a line drawn through the point of termination with a bearing of N.150-471-18"E. , all in Du Page County, Illinois. t -17 LEGAL DESCRIPTION FOR PROPOSED EASEMENT "F" That part of the S,+7G of Section 25, Township 39 North, Range 11, East of the Third Principal Meridian and those parts of lots 1 and 2 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois, according to plat thereof recorded February 13, 1912 per Document No. 107037, described as follows: Commencing at the center of Section 25, aforesaid thence N. 00-00 ' -34"B. along the North and South G line of said Section 25, a di.sta.nce of 58 feet; thence S870-50 ' -40" W. , a distance of 600 feet; thence N. 750-35 'W. , a distance of 114. 63 feet, more or less, to a point which is 69 . 89 feet N. 150-47 ' -18"E. of a point on the South line of the NWI+ of said Section 25, which point is 729. 61 feet S. 890-44 ' -33"W. of the center of said Section 25; thence 5. 150-47 '-18"W. , a distance of10. 00 feet; thence S. 870-25 ' -13"W. , a distance of 181. 47 feet; thence N. 810-52'-36"W. , a distance of 117.15 feet; thence S. 860-55 ' -10"j9. , a distance of 179. 80 feet; thence S. 510-54 '-11"W. , a distance of 47.12 feet to the place of beginning; thence S. 00-25'-32"W. , a distance of 199. 87 feet; thence N. 880-01 '-33"W. , a distance of 400.00 feet thence N. 00-251-32"E. , a distance ofll9. 32 feet, more or less, to a point which is 405. 89 feet S=800-31'-54"W. of the place of beginning; thence N.800-311-54"E. , a distance of 405. 89 feet to the place of beginning, all in Du Page County, Illinois. y -18- c LEGAL DESCRIPTION FOR PROPOSED EASEMENT "G-1" That part of the SW; of Section 25, Township 39 North, Range 11, East of the Third Principal Meridian, and that part- of lot 2 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois, according to plat thereof recorded February 13, 1912 per Document No. 107037, described as follows: Commencing at the center of Section 25, aforesaid, thence N. 00-00 '-34"E. along the North and South )4- line of said Section 25, a distance of 58 feet; thence S. 870-50'-40"W. , a distance of 600. 00 feet; thence N.750-35 'W. , a distance of 114 .63 feet, more or less, to a point which is 69; 89 feet N..150-47 ' -18"E. of a point on the South line of the NWT, of said Section 25, which point is 729. 61 feet 5. 890-44 '-33"W. of the center of said Section 25, thence S. 150-47 ' -18"W. , a distance of 10. 00 feet; thence S. 870-251-13"W. , a distance of 181.47 feet; thence N. 810-52 '-36"W. , a distance of 117.15 feet; thence S.860-55'-10" W. , a distance of 179. 80 feet; thence 5. 510-54 ' -11"W. , a distance of 47. 12 feet; thence S. 00-25 '-32"W. , a distance of 199.87 feet to the place of beginning; thence N. 880-01'-33"W. , a distance of 491. 78 feet; thence S.10-37 '-15"E. , a distance of 848.11 feet thence S. 850-18 '-54"E. , a distance of 488.13 feet; thence N. 00-25'-32"E. , a distance of 869. 85 feet, more or less, to a point which is, 25. 47 feet S.880-O1 '-33"E.. of the place of beginning; thence N. 880-O1 '-33"W. , a distance of 25.47 feet to the place of beginning, all in Du Page County, Illinois. f -19_ a. t T.. __ _7_ LEGAL DESCRIPTION FOR PROPOSED EASEMENT "G-2" That part of the SW of Section 25, Township 39 North, Range 11, East of the third Principal Meridian and those parts of lots 1 and 2 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois, according to plat thereof recorded February 13, 1912 per Document No. 107037, being a strip of land 10 feet in width and lying 5 feet on each side of the following described centerline: Beginning at a point on the North and South 4 line of Sec-- tion 25, aforesaid, which point is 1250. 34 feet N. 00-00 ' -34"E. of the center of said Section 25, thence S. 890-09 '-08"W. , a distance of 161. 61 feet; thence S. 240-15 '-58" W. , a distance of 431 feet; thence S.10-12 ' -58"W. , a distance of 298.00 feet; thence S.90-57 '-30"W. , a distance of 298. 00 feet; thence S.90- 35 '--28"W. , a distance of 273. 00 feet; thence S. 850-321 -28"W. , a distance of 284 . 49 feet; thence N. 880-431-32",W. , a distance of. 250. 00 feet to a point "B" , so called for the purpose of iden- tification in this description; thence N.130-07 ' -28"E. , a distance of 57 feet; thence N.40-00 '=17"W. , a distance of 18.63 feet; thence N. 110-55' -17"W. , a distance of 60.21 feet; thence S. 119-55' -17"E. , a distance of 60. 21 feet; thence S. 40-00 '-17" E. , a distance of 18.63 feet; thence S.130707 '-28"W. , a distance of 57. 00 feet to point "B" , aforesaid; thence S. 330-01 '-37"W. , a distance of 93.78 feet; thence S. 881-5l '-08"W., , a distance of . 196 feet; thence N. 40-58 ' -03"W. , a distance of 115.14 feet; thence S. 860-24 '-37"W. , a distance of 226.86 feet; thence S..830- 15'-31"W. , a distance of 247. 00 feet; thence S. 370-371 -55"W. , a distance of 339. 84 feet; thence S . 50-061-40"E. , a distance of 207. 64 feet; thence 5. 160-53 ' -02"E. , a distnace of 420.00 feet; thence S. 570-22 ' -56"W. , a distance of 199.62 feet; thence N.760-- 441-04"W. , a distance of 253. 53 feet; thence N.890-25'-34"W. , a distance of 70 feet to a point of termination of herein des- cribed centerline, (excepting therefrom that part thereof falling West of a line drawn at a bearing of N.150-47 %-18"E. through a point on the South line of the NWT of said Section 25, which point is. 729. 61 feet 5. 890-441-33"W.. of the center of said Section 25 and lying North of the following described line: commencing at a point on the South line of the NA of said Section 25, which point is 729. 61 feet S.890-44 '-33"W. of the center of said Section 25; thence N.150-47 '-18"E. , a distance of 59. 89 feet to the place of beginning of herein described line; thence S. 870-25 ' -13"W. , a distance of 181. 47 feet; thence N.810-521-36 11W. , a distance of 117 . 15 feet; thence 5860-55'-10" W. , a distance of 179.80 feet; thence S.51°-S `- I2 "W. , a distance ' of 47. 12 feet; thence S.800-311-_54"W. , a distance of 507,98 feet; thence S. 890-441-33"W. , a distance of 898.31 feet, more or less, to a point of termination herein described .line, said point of termination being on the West line of the Swk of said Section 25, which is 51. 80 feet S.-00-05 '-55"E. of the West 4 corner of said Section 25) all in Du Page County, Illinois. f -20- LEGAL DESCRIPTION FOR PROPOSED EASEMENT "H" That part of the SW4 of Section 25, Township 39 North, Range 11, East of the Third Principal meridian and those parts of lots 1 and 2 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois, according to plat thereof reccrded February 13, 1912 per Document No. 107037 , being a strip of land 10 feet in width and lying 5 feet on each side of the following described centerline: Beginning at a point on the North and South h line of said Section 25, which point is 361. 34 feet N.00-00'-34"E. . of the center of said Section 25; thence S. 880-05'-41"W. , a distance of 982.29 feet; thence S. 0029'-54"W. , a distance of 588 .57 feet; thence S. 800-22' -21"W. , a distance of 46.54 feet; thence S. 530- 101-40"W. , a distance of 250.40 feet; thence 5.440-08 ' -24"W. , a distance of 298.49 feet; thence S.430-26 '-07"W. , a distance of 371. 15 feet; thence S. 690-43 '-50"W. , a distance of 264.52 feet; thence N. 870-271 -59"W. , a distance of 403. 00 feet to a point of termination of herein described centerline, (excepting that part thereof falling Westerly and Northerly of the following described line: Commencing at the most Southerly corner at Jorie Blvd. as dedicated in Corporate Plaza Subdivision Unit One, as per Plat . thereof recorded October 14 , 1970 at. Document No. R70-37311, and vacated per Plat of Vacation recorded April 28, 1972 as Document No. R72-21725; thence North and East along the Southerly lines of Jorie Blvd. as dedicated per Document No. R70-37311, the following three (3) curves, courses, and distances: (1) Northeast- erly along an arc of a circle, being convex to the Northwesti having a radius of 474 feet, the chord thereof having a bearing of N.630-00'-55" E. and a length of 428.48 feet, an arc-distance of 444. 60 feet to a point of tangency; (2) thence N.890-53 '-10"E. ,. a distance of 1647 .75 feet to a point of curvature; (3) thence Northeast- erly along an arc of a circle, being convex to the Southeast, having a radius of 574 feet, the chord thereof having a bearing of N. 590-031-46"E. a length of 588 .23 feet, an arc- distance of 617. 59 feet; thence 5. 770-30 '-42"E. a distance of 254 . 41 feet; thence N. 680-111-47"E. , a distance of289 .97 feet; thence S. 619-531-15"E. , a distance of 783.73 feet to the centerthread of Salt Creek; thence along the centerthread of Salt Creek the following seventeen (17) courses and distances: (1) N. 210-031-27"E. , a distance of 101. 36 feet; (2) thence N. 190-48 '- 47"W. , a distance of 35. 24 feet; (3) thence N. 720-33 '-30"W. , a distance of 85. 60 feet; (4) thence N.250-59 '-25"W. , a distance of 33.40 feet; (5) thence N. 200-34 -40"E. , a distance of 38. 34 feet; (6) thence N. 470- 49 ' -29"E. , a distance of.`21.06 feet; (7) thence N.750-041-19"E. , a distance of 41.77 feet; (8) thence S. 620-241-06"E. , a distance of 143.64 feet; (9) thence S.520- 51'-32"E. , a distance of 75. 26 feet (10) thence S.100-1$ 1-20"E. , a distance of37. 7.8 feet; (11) thence S.440-37 -42"E. , a distance -of 54. 08 feet; (12) .thence S.330-051-26"E. , a distance of 95. 57 feet; (13) thence S. 60-551-35"E. , a distance of 56. 01 feet; (14) thence S. 300-071-42"W. , a distance of 50.73 feet; (15) thence . . S.600- 561-59"W. , a distance of 65.. 64 feet; (16) thence =S.250- 13'-17"W. , a distance of 100. 92 feet; (17) thence S. 160-22 '-23" W. , a distance of 60.82 feet; thence S. 540-581-35"E. , a distance of 401. 35 feet; thence S.170-53'-13"E. , a distance of 340.40 feet; thence 5. 500-20 '-30"E. , a distance of 125.30 feet to a point of curvature; thence Southerly along an arc of a circle being con- vex to the Northeast, having a radius of 210 feet, the chord thereof having a bearing of S.170-16 '-36"E. and a length of 229. 15 feet, an arc-distance of 242 .38 feet to a point of tan- gency; thence S. 150-47 '-18"W. , a distance of 66 .90 feet, more or less, to a point which is 59. 89 feet N. 150-47 '-18"E. of a point on the South line of the Northwest 4 of Section 25, aforesaid, which point is 729 . 61 feet S. 890-44 '-33"W. of the center of said Section 25; thence 5. 870-251 -13"W. , a distance of 181. 47 feet; thence N. 810-52 ' -36"W. , a distance of 117. 15 feet to a point of termination of herein described line) , all in Du Page County, Illinois. -21- LEGAL DESCRIPTION FOR PROPOSED EASEMENT "T" That part of the SA of Section 25, Township 39 North, Range 11, East of the Third Principal Meridian and that part of lot 1 in Plat of Lands of F.O. and J.F. Butler, Town of York, Du Page County, Illinois, according to plat thereof recorded February 13, 1912 per Document No. 107037 , being a strip of land 10 feet in width and lying 5 feet on each side of the following described centerline: Commencing at the center of Section 25, aforesaid; thence S. 890-44 '-33"W. along the South line of the NWT of said Section 25, a distance of 729. 61 feet; thence N. 150-47 '-18"E. , a distance of 59. 89 feet; thence S. 870-25'-13"W. , a distance of 181.47 feet; thence N. 810-52 ' -36"W. , a distance of 117. 15 feet; thence S. 860-551 -10"W. , a distance of 179. 80 feet; thence S. 510-54 '-11"W. , a distance of 32. 69 feet to the place of beginning of herein described centerline; thence S. 30-121 -16"W. , a distance of 15. 74 feet; thence S. 06-041 -15"W. , a distance of 635. 86 feet; thence S. 00-511W. , a distance of 481. 13 feet; thence S. 00-091-09"E. , a distance of 461. 24 feet; thence N. 820-28 '-51"E. , a distance of 142 feet; thence S. 820-28 -51"W. , a distance of 713 feet to a point of termination of said centerline, all in Du Page County, Illinois. --22- .LEGAI, DESCRIPTION FOR PROPOSED EASEMENT "K" Those parts of the SA of Section 25 and the SEA of Section 26, Township 39 North, Range 11, East of the Third Principal Meridian and that part of lot 6 in Plat of Lands F.O. and J.F. Butler, Town of Yor?:, Du Page County, Illinois, according to plat thereof recorded February 13, 1912 per Document No. 107037 being a strip of land 20 feet wide, lying Easterly and Southerly of and adjacent to the following described line: Beginning at a point on the South line of the SES of said Section 26, which point is 738. 20 feet N. 89°-52 '-57"W. of the Southeast corner of said Section 26; thence N. 6°-13 '-45"E. , a distance of 162. 27 feet to a point of curvature; thence Northeasterly along an arc of a circle, being_ convex to the Northwest, having a radius of 500 feet, the chord thereof having a bearing of N. 140-23'-28"E. , and a length of. 141. 97 feet, an arc - distance of 142. 45 feet to a point of tangency; thence N. 221-33' -11"E. , a distance of 97. 15 feet to a point of curvature; thence Northerly along an arc of a circle, being convex to the East, having a radius of 200 feet, the chord thereof having a bearing of N.70-47 '-37"E. and a length of 101. 90 feet, an arc - distance of 103. 04 feet to a point of tangency; thence N. 60-571 -57"W. , a distance of 63. 07 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 180 feet, the chord thereof having a bearing of N. 130-10 '-58"E. and a length of 124. 00 feet, an arc distance of 126. 60 feet to a point of tangency; thence N. 330-191-54"E. , a distance of 119. 70 feet; thence N. 290-491-15"E. , a distance of 167.16 feet; thence N. 310-401-24"E. , a distance of 84 . 34 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Southeast, having a .radius of 350 feet, the chord. thereof having a bearing of N.24°-16 '-55"E. and a length of 90. 05 feet, an arc - distance of 90. 30 feet to a point of tangency; thence N. 160-531-26"E. , a distance of 13. 86 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 250 feet, the chord thereof having a bearing of N.320-43'-28"E. and a length of 136. 42 feet, an arc - distance of 138. 18 feet to a point of tangency; thence N. 480-33 ' -30"E. , a distance of 153. 00 feet to a point of curvature; thence Northeasterly along an arc of a circle, being convex to the Northwest, having a radius of 260 feet, the chord thereof having a bearing of N. 680-23'-44"E. and a length of 176. 46 feet, and arc - distance of 180. 04 feet to a point of tangency; thence N. 880-131-58"E. , a distance of 262.02 feet; thefice N.790--311 -25"E. , a distance of 353. 02 feet; thence N. 870-53 ' -35"E. , a distance of 83. 29 feet to a point of termination of said line, said 20 feet strip of_land being bounded. on the South by . the South line of the SE; of said Section 26, and being bounded on the East by a line drawn through the point of termination with a bearing of S. 120-381 -25"W. , all in Du Page County, Illinois. j G i -23- } EXHIBIT B Insurance Coverage to be Maintained by Manager 1. Comprehensive general public liability insurance (including contractual) insuring Village (who shall be a named insured) against claims for personal property damage occurring upon, in or about the property . such insurance to afford protection to the limit of not less than the following limits; (i) Personal injury $500,000 one person and death $500,000 more than one (ii) Property damage $100,000 (iii) Umbrella coverage $3,000,000 per occurrence 2. Dram shop insurance insuring Village (who shall be a named insured) against claims. for death, bodily injury, loss of support, and property damage as a result of the sale of wine, beer or liquor by Seller or its designee upon, in or about the property, such insurance to afford protection to the limit of not less than the following limits: (iv) Personal injury $100,000 one person and death $300,000 more than one (v) Property damage $100,000 (vi) Loss of support $100,000 (vii) Umbrella coverage $3,000,000 per occurrence 3. Memoranda of such insurance accompanied by evidence of the advance pay- ment of the premiums thereon shall be delivered to Village prior to November 1 each year. � � �.. r ,4 •,