R-1654 - 08/08/2017 - PEDESTRIAN ACCESS - Resolutions Supporting Documents ITEM 9.113.2)
BOARD OF TRUSTEES MEETING
VILLAGE OF SAMUEL E. DEAN BOARD ROOM
OAK BR , K BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
August 8, 2017
SUBJECT: Oak Brook Marriott and the Oak Brook Regency Towers Pedestrian Access
Improvement Agreement
FROM: Riccardo F. Ginex,Village Manager
BUDGET SOURCE/BUDGET IMPACT: NA
RECOMMENDED MOTION: A Motion to approve Resolution R-1654 ,A
Resolution Approving a Pedestrian Access Improvement Agreement Between Village
and the Oak Brook Marriott and the Oak Brook Regency Towers
Backzround/History:
The Village, the Oak Brook Marriott, and the Oak Brook Regency,previously negotiated an
agreement, for a convenient and safer walkways, crosswalks and access for hotel patrons, office
workers, visitors and other pedestrians to the restaurants, stores, shops, offices and other
destinations in the Oak Brook Center area. The Village identified a number of projects and, at its
sole expense, obtained an initial Feasibility Study for the Pedestrian Access Improvement from
Hitchcock Design Group. Hitchcock conducted engineering studies,provided preliminary
designs, along with cost estimates. The three parties agreed that the project should go forward,
and the Village completed the project. For some reason, there was never a formal document
entered into between the parties, although drafts existed. The Village attorney discussed these
matters with the attorneys for the two property owners and an Agreement has now been drafted
and agreed upon by the owners of the Oak Brook Marriott property and the Oak Brook Regency
property.
The Agreement gives each of the parties some responsibility for the continuing maintenance of
that portion of the pedestrian access way, including landscaping, benches, kiosks and directional
signage. Both of the other parties have now signed the contract, and it comes to the Village
Board for its authorization. Within 30 days after the Village Board approves the Agreement the
Oak Brook Marriott owners will pay$27,064, and the Oak Brook Regency owners will pay
$15,000 to the Village for reimbursement of a portion of the construction costs which the Village
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has already incurred. These numbers are based upon the percentages agreed to by the parties at
the time that the general Agreement was reached.
Upon authorization by the Village Board, the Village Manager and Village Clerk will execute
the still unsigned version of the Agreement which the other parties have signed. This will
complete the project and indicate the obligations of the parties in the future. The obligations of
the parties will remain in full force and effect for 20 years after the date is executed. After that
time, the agreement will be automatically terminated and if desirable, a new agreement can be
entered into.
Recommendation:
The Village Board approves the agreement passes the resolution as presented.
RESOLUTION 2017-PED-ACCESS-AG-R-1654
A RESOLUTION APPROVING A PEDESTRIAN ACCESS IMPROVEMENT AGREEMENT
BY AND BETWEEN THE VILLAGE AND
THE OAK BROOK MARRIOTT AND THE OAK BROOK REGENCY TOWERS
WHEREAS, the Village approved Pedestrian Access Agreements with General Growth
Properties, McDonald's Corporation, Arden Realty and the Oak Brook Club on August 27, 2013 to
improve pedestrian and bicycle access to the Oakbrook Center and the hotels, offices, businesses,
universities, and residential developments located adjacent to or near the Oakbrook Center; and
WHEREAS, the Village identified a number of projects and obtained an initial Feasibility Study for
Pedestrian Access Improvement which included engineering studies, preliminary designs and cost
estimates; and
WHEREAS, included in the Feasibility Study was a project involving the Oak Brook Marriott and
the Oak Brook Regency Towers' properties; and
WHEREAS, upon agreement of the Oak Brook Marriott and the Oak Brook Regency Towers
("Hotels"), the Village completed the project, but a formal document between the Village and the Hotels
was never executed; and
WHEREAS, the Village Attorney recommends that the Village now enter into an Agreement with
the Hotels giving each of the parties some responsibility for the continuing maintenance of that portion of
the pedestrian access way and providing for reimbursement to the Village for a portion of the construction
costs which the Village has already incurred; and
WHEREAS, the President and Board of Trustees have determined that it is in the best interest of
the Village to enter into the Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of the Agreement. The President and Board of Trustees hereby
approve the Pedestrian Access Agreement by and between the Village of Oak Brook and the Hotels in
substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the
Village Manager and the Village Attorney.
Section 3: Execution of Agreement. The Village Manager and the Village Clerk shall be,
and are hereby, authorized to execute the approved final Agreement on behalf of the Village.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2017-PED-ACCESS-AG-R-1654
Pedestrian Access Improvement Agreement with Marriott&Regency
2 of 3
APPROVED THIS 8th day of August, 2017
Gopal G. Lalmalani
Village President
PASSED THIS 8th day of August, 2017
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
r '
REVIEW OF CONTRACTS
Awarding Agency: Type of Contract: Pedestrian Access
Improvement Agreement
Department: Administration Program/Account Number:
Awarded Contract Price: Budgeted Amount:
CONTRACT AMOUNT
0 Under $20,000 F-1 $500,001 - $1,000,000
F-1 $20,000 - $500,000 F7 Over $1,000,000
NOTES
This Agreement is with the Oak Brook Marriott and the Oak Brook Regency Towers.
Upon acceptance of this agreement,Oak Brook Marriott owners will pay$27,064 or the project costs and
the Oak Brook Regency owners will pay$15,000 of the project costs.
DEPARTMENT DIRECTOR SIGNATURE
Name: Rick Ginex Date: 8/7/17
INITIAL REVIEWING ATTORNEY SIGNATURE
Name: k�� �i �� Date: 8/8/17
ll�t i
APPROVED BY LL E MAN ER
Name: Date:
FINAL REVIEW AS ORM ATTORNEY SIGNATURE
Name: V� n �% Date: 8/8/17
Three (3) Originals signed by other party Date/Initials
Original provided to staff member for other party Date/Initials 1
Original provided to Official Files Date/Initials
Village of Oak Brook I Approved by Board of Trustees - Date/Initials:
Resolution 2017-PED-ACCESS-AG-R-1654
Pedestrian Access Improvement Agreement with Marriott&Regency
3 of 3
EXHIBIT A
Agreement
PEDESTRIAN ACCESS IMPROVEMENT AGREEMENT
BY AND BETWEEN THE VILLAGE OF OAK BROOK,
THE OAK BROOK MARRIOTT, AND THE OAK BROOK REGENCY
THIS PEDESTRIAN ACCESS IMPROVEMENT AGREEMENT ("AGREEMENT') is
made and entered into as of the day of i , 2017 ("Effective Date"), and is by
and between the VILLAGE OF OAK BROOK, an Illinois municipal corporation ("Village"), 1401
WEST 22ND STREET INVESTORS LLC ("THE OAK BROOK MARRIOTT"), and ASVRF OAK
BROOK REGENCY, LLC ("THE OAK BROOK REGENCY", and together with The Oak Brook
Marriott, collectively, the "Stakeholders").
IN CONSIDERATION OF, and in reliance upon, the recitals and the mutual covenants
set forth in this Agreement, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Village and the Stakeholders (collectively,
the "Parties") mutually agree as follows:
SECTION 1. RECITALS.
A. The Village is an Illinois municipal corporation.
B. The Oakbrook Center and adjacent hotels, offices, businesses, universities, and
residential developments (collectively, "Oakbrook Center Area") are located within or
adjacent to the Village.
C. ASVRF Oak Brook Regency, LLC is the fee simple owner of the property
commonly known as Oak Brook Regency Towers located at 1415-1515 W 22"1 Street, Oak
Brook, Illinois, and legally described on Exhibit A (the "Oak Brook Regency Property"). The
Oak Brook Regency Property currently contains one office building.
D. 1401 West 22nd Street Investors LLC is the fee simple owner of property
commonly known as 1401 W. 22nd Street, Oak Brook, Illinois, and legally described on Exhibit
B (the "Oak Brook Marriott Property," and together with the Oakbrook Regency Property, the
"Property"). The Oak Brook Marriott Property currently contains one hotel.
E. The Parties recognize that they will mutually benefit from infrastructure
improvements to provide improved pedestrian access between the properties within the
Oakbrook Center Area and the Oakbrook Center ("Improvements"). These benefits include,
without limitation:
1. More convenient and safer walkways, crosswalks, and access for hotel
patrons, office workers, visitors, and other pedestrians to the restaurants, stores, shops, offices
and other destinations in the Oakbrook Center Area;
2. More convenient and safer walkways, crosswalks, and access for the
employees of the Stakeholders and tenants of Oakbrook Center using public transportation to
access their places of employment in the Oakbrook Center Area;
3. Increased economic activity between the restaurants, retail stores,
hotels, offices, and businesses within the Oakbrook Center Area, benefitting each of their
respective businesses and the general economic activity within the Village; and
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4. Reduced vehicular traffic within the Oakbrook Center Area, on Route 83,
16th Street, Spring Road, and 22nd Street, thereby reducing traffic congestion and auto
omissions.
D. The Village identified a number of projects ("Projects") that comprise the
Improvements ("Pedestrian Access Initiative"), and at its sole expense, obtained an initial
feasibility study for the Pedestrian Access Initiative from Hitchcock Design Group, The Village,
at its sole expense, retained Hitchcock Design Group to: (i) conduct engineering studies; (ii)
provide preliminary designs; and (iii) provide cost estimates for the Projects in the Pedestrian
Access Initiative.
E. This Agreement relates to the Project and the Improvements identified and
detailed as Project G1 in Exhibit C attached hereto ("Subject Project"), which is a Project
included in the Pedestrian Access Initiative. The Subject Project has been completed at the
Village's expense,
F. The Parties acknowledge and agree that this Agreement is to deal with cost
sharing, reimbursement to the Village of some of the costs of the Subject Project and the future
responsibilities of the Parties regarding the Subject Project.
SECTION 2. Obligations of the Parties.
A. Village Obligations,The Village has or, as applicable, will, at its sole cost and
expense:
1. prepared the preliminary and final design, engineering and construction
plans for the Subject Project, which plans have been provided to the Stakeholders for review
and approval prior to the commencement of construction;
2. prepared and was responsible for any bidding documents and the bidding
and contractor selection process for the Subject Project;
3, ensured consistency of construction and appearance, and achieved
economies of scale and scope, by contracting with the suppliers of materials and contractors
retained for the Subject Project, The Village acknowledges and agrees that it has abided by all
applicable laws, statutes, regulations, ordinances, policies, zoning, building code, sign
regulations, and permitting requirements, including without limitation, that relate to the
construction and location of the Subject Project or to entering into contracts for public
improvements, materials, and other types of services ("Requirements of Law"). The
Stakeholders acknowledge and agree that the Village had the sole right and responsibility to
choose the contractors and suppliers for the Subject Project and to reject any or all bids that the
Village received relating to the Subject Project;
4. constructed and installed all Improvements;
5. diligently and continuously prosecuted the work related to the Subject
Project to completion;
6. managed construction supervision of the Subject Project; and
7. maintain and repair any portion of the Subject Project that is located on
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Village property or within Village rights-of-way, including, but not limited to, making all necessary
repairs, providing electricity for all lighting fixtures and any other Improvement requiring electric
power, providing snow and leaf removal, and landscaping.
B. The Oak Brook Marriott's Obligations. Subject to the conditions and limitations
of this Agreement, with regard to the Oak Brook Marriott:
1. The Oak Brook Marriott has allowed the Village and the contractors
retained by the Village, all access necessary to design, construct, install, the Improvements that
are part of the Subject Project;
2. The Oak Brook Marriott shall be responsible within its reasonable
discretion for maintaining and repairing those portions of the Subject Project that are
constructed, installed, or located on its property in a good and safe working condition, including,
but not limited to, making all necessary repairs, providing electricity for all lighting fixtures and
any other Improvement requiring electric power, providing snow and leaf removal, and
landscaping. In the event that there is a failure to comply with these obligations after written
notice from the Village to The Oak Brook Marriott and a 30-day opportunity to cure, the Village
and its contractors shall have the right, but not the obligation, to enter upon The Oak Brook
Marriott 's property to conduct any necessary maintenance and repairs, and The Oak Brook
Marriott shall be required to reimburse the Village for its costs in undertaking the maintenance
and repairs; and
3. The Oak Brook Marriott may provide landscaping, benches, kiosks,
directional signage, and other amenities upon or adjacent to the Subject Project, subject to the
Requirements of Law, including, but not limited to, all applicable zoning, building code, sign
regulations, and permitting requirements. All directional signage installed after the Effective
Date shall be uniform and require written approval from the Village prior to installation, which
approval shall not be unreasonably withheld, conditioned or delayed. Any and all landscaping,
benches, kiosks, directional signage, and other amenities upon or adjacent to the Subject
Project existing as of the Effective Date are hereby approved by the Village.
C. The Oak Brook Regency's Obligations. Subject to the conditions
and limitations of this Agreement, with regard to The Oak Brook Regency:
1. The Oak Brook Regency, has allowed the Village, and the contractors
retained by the Village, all rights-of-access reasonably necessary to design, construct, install,
the Improvements that are part of the Subject Project, located on the Oak Brook Regency
Property;
2. The Oak Brook Regency shall be responsible within its reasonable
discretion for maintaining and repairing those portions of the Subject Project that are
constructed, installed, or located on its property in a good and safe working condition,
including, but not limited to, making all necessary repairs, providing electricity for all lighting
fixtures and any other improvement requiring electric power, providing snow and leaf removal,
and landscaping. In the event that there is a failure to comply with these obligations, the
Village and its contractors shall have the right, but not the obligation, to enter upon the Oak
Brook Regency's property to conduct any necessary maintenance and repairs, and The Oak
Brook Regency shall be required to reimburse the Village for its costs in undertaking the
maintenance and repairs; and
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3. The Oak Brook Regency may provide landscaping, benches, kiosks,
directional signage, and other amenities upon or adjacent to the Subject Project, subject to
the Requirements of Law. All directional signage shall be uniform and require written approval
from the Village prior to installation, which approval shall not be unreasonably withheld,
conditioned or delayed.
SECTION 3. Costs of the Subject Project,
A. Village Oversight Cogts. In addition to other amounts set forth herein, The
Village has been solely responsible for the following Subject Project Costs: (i) the initial
feasibility study; (ii)all preliminary design and engineering work for the Subject Project; (iii)the
final design and engineering work for the Subject Project; (iv) the construction and bidding
documents for the Subject Project; (v) administering the bidding and award of contract
process; and (vi) providing construction supervision (collectively, "Village Oversight Costs").
The Shareholders are not liable for any of the Village Oversight Costs.
B. Sharina of Construction Costs.
The Project having been completed, the Oak Brook Marriott shall pay$27,064.00 and
The Oak Brook Regency shall pay $15,000,00 to the Village as reimbursement for a portion of
the construction costs for the Subject Project.
All payments owed by the Stakeholders pursuant to this Subsection shall be paid as a
reimbursement to the Village within 30 days after the execution of this Agreement by all parties.
SECTION 4. Ownership of Improvements.
A. Village Owned Improvements. The Village shall own and maintain all
Improvements constructed or installed as part of the Subject Project on Village property or
within Village rights-of-way.
B. Stakeholder Owned Improvements, The Stakeholders shall own all
Improvements constructed or installed as part of the Subject Project on their respective
properties, regardless of whether the Improvements, or any part thereof, were paid for,
maintained, or repaired, either in whole or in part, by the Village.
SECTION 5. Indemnification: Liens.
a. To the extent allowed by applicable law, the Village shall be liable for
any and all claims, demands, suits, actions, losses, damages, settlements, judgments, costs
and expenses, including attorneys' fees and litigation costs (collectively, "Losses"), in any
manner arising out of, or in connection with, the initial construction on the Subject Project, or
in connection with any of The Villages rights and obligations set forth herein. Such liability
shall be binding upon and shall inure to the benefit of the Stakeholders and their respective
legal representatives, successors and assigns. Any material damage to the Property resulting
from the exercise of the Village's rights granted herein to the Village shall be promptly
repaired or restored by the Village to the same condition that existed prior to such damage.
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b. The Village shall not permit any claim, lien, or other encumbrance arising
out of any work performed or material furnished to or for the Subject Project by or for the Village
to occur against or attach to any of the Property and will pay, satisfy, discharge and cause the
release of record of any such claim, lien, or other encumbrance against the Property.
C. The construction of the Improvements has now been completed. Any
obligation of the Village shall relate to the completed work. The Parties in the future shall each be
responsible for the portion of the Projects that have been completed on its land or rights-of-way.
SECTION 6. Reservations. The Stakeholders expressly reserve and retain all rights to
their respective Property not inconsistent with those granted to the Village pursuant to this
Agreement.
SECTION 7. General Erovisions,
A. Notice. All notices required or permitted to be given under this Agreement shall
be in writing and shall be delivered (i) personally, (ii) by a reputable overnight courier, or (iii) by
certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid. Unless
otherwise expressly provided in this Agreement, notices shall be deemed received upon the
earlier of (a) actual receipt; (b) one business day after deposit with an overnight courier as
evidenced by a receipt of deposit; or (c) three business days following deposit in the U.S. mail,
as evidenced by a return receipt. By notice complying with the requirements of this Section,
each Party shall have the right to change the address or the addressee, or both, for all future
notices and communications to the other Parties, but no notice of a change of addressee or
address shall be effective until actually received.
Notices and communications to the Village shall be addressed to, and delivered at, the
following address:
Village of Oak Brook
1200 Oak Brook
Road Oak Brook, IL
60523
Attention: Engineering Department
Notices and communications to The Oak Brook Marriott shall be addressed to, and
delivered at, the following address:
Ms. Kristin Duncan
Property Manager, Marriott
Hotel 1401 W. 22nd Street
Oak Brook, IL 60523
And
1401 West 22"d Street Investors LLC
c/o UBS Realty Investors LLC
455 Market Street, Suite 1000
San Francisco, CA 94105
Attention: Asset Management
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And
1401 West 22nd Street Investors LLC
c/o UBS Realty Investors LLC
10 State House Square, 15'h Floor
Hartford, CT 06103
Attention: General Counsel
Notices and communications to the Oak Brook Regency shall be addressed to, and
delivered at, the following address:
Eric Thompson
General Manager, Jones Lang LaSalle
Oak Brook Regency Towers
1415 W. 22nd Street
Suite 250
Oak Brook, IL 60523
And
American Realty Advisors
801 North Brand Boulevard, Suite 800
Glendale, California 91203
Attention: Stanley L. lezman
B. Duration: SuccessorA and Assigns. This Agreement and its rights and obligation relating to
the Subject Project and the Property, shall remain in full force and effect for twenty (20) years
after the date it is executed by the last Party to sign this Agreement. After that time, this
Agreement shall automatically terminate and be of no further force and effect. This Agreement
shall run with the land and all terms and conditions contained herein shall inure to the benefit of
and be binding upon the parties and their respective successors and assigns.
C. V/ fiver. The Parties shall be under no obligation to exercise any of the rights
granted to them in this Agreement except as they shall determine to be in their best interests
from time to time. The failure of a party to exercise at any time any such rights shall not be
deemed or construed as a waiver of that right, nor shall the failure void or affect the party's right
to enforce such rights or any other rights.
D. Governing_Law: Waiver of Jury Trial. This Agreement shall be governed by,
and enforced in accordance with, the internal laws, but not the conflicts of laws rules, of the
State of Illinois. The parties hereto knowingly and voluntarily waive any right to a jury trial with
respect to any matter arising under or in connection with this Agreement.
E. Waiver of Consequential and Punitive Damages. Notwithstanding anything
to the contrary contained herein, no party to this Agreement will be liable to any other party to
this Agreement for any claims, losses, liabilities, costs or expenses of any kind relating to
speculative, consequential, indirect and/or punitive damages.
F. Provisions Severable. It is hereby expressed to be the intent of the Parties to
this Agreement that should any provision, covenant, agreement, or portion of this Agreement or
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its application to any person, entity, or property be held invalid by a court of competent
jurisdiction, the remaining provisions of this Agreement and the validity, enforceability, and
application to any person, entity, or property shall not be impaired thereby, but the remaining
provisions shall be interpreted, applied, and enforced so as to achieve, as near as may be, the
purpose and intent of this Agreement to the greatest extent permitted by applicable law.
G. Entire Aareement, This Agreement constitutes the entire agreement between
the Parties and supersedes any and all prior agreements and negotiations between the Parties,
whether written or oral, relating to the subject matter of this Agreement.
H. Interpretation, This Agreement shall be construed without regard to the
identity of the party who drafted the various provisions of this Agreement. Moreover, each and
every provision of this Agreement shall be construed as though all Parties to this Agreement
participated equally in the drafting of this Agreement. As a result of the foregoing, any rule or
construction that a document is to be construed against the drafting party shall not be
applicable to this Agreement.
1. Amendments and Modifications. No amendment or modification to this
Agreement shall be effective until it is reduced to writing and approved and executed by all
Parties to this Agreement in accordance with all applicable statutory procedures.
J. No Third Party Beneficiaries. No claim as a third party beneficiary under this
Agreement by any Person shall be made, or be valid, against the Village or the Stakeholders.
K. Counterparts, This Agreement may be executed in counterparts, each of
which, when executed, shall constitute an original document, which together shall constitute one
and the same instrument.
L. Title and Other Exceptions. This Agreement is subject and subordinate to all
existing licenses, leases, grants, easements, rights of way, mortgages, exceptions,
encumbrances, title defects, matters of record, reservations and conditions affecting the
Property.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the Village and the Stakeholders have executed this Agreement
as of the Effective Date.
ATTEST: VILLAGE OF OAK BROOK, an
Illinois municipal corporation
By: By:
Village Clerk Village Manager
ATTEST
ASVRF OAK BROOK REGENCY,
By LLC, a Delaware limited liability
company
Its:_ _ By: FIRST FIDUCIARY REALTY
ADVISORS, INC., a California
corporation, its Manager
By: -- -
Name:
Title
ATTEST:
1401 WEST 22ND STREET
INVESTORS LLC, a Delaware
limited liability company
By: TPF Hotel REIT Operating
Partnership LP, its sole member
By: TPF Hotel REIT Operating
Partnership GP LLC, its general
partner
By: _ — By: --Its:
Its:
1003978.v5
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Exhibit
Legal Description of the Oak Brook Regency Property
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Ali that certain real property located In the City of Oak Brook,County of Du Page,State of Illinois,described
as follows:
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Parcel 1: ss.
Lot 1 of Kallens Towers Subdivision, being a Subdivision of part of Lot 6 in Oak Brook Investment 1
I Company Assessment Plat No. 4, of part of the Northwest quarter of Section 26, Township 39 North,
Range 11, East of the Third Pdnclpal Meridian,according to the Plat of said Kellen's Towers Subdivision
recorded July 11, 1973 as document R73-42261, and amended by document R77-11482, in Du Page
County, Illinois, it
a
j Parcel 2:
Easements appurtenant for Ingress and egress as contained in Reciprocal Easement Grant-1972 !j
recorded August 30, 1972 as document R72-52352, as amended by Supplementary Easement ;II
Agreement recorded August 6,2000 as document R2000-121579.
1
Commonly known as: 1415 and 1515 West 22"�Street,Oak Brook,Illinois, 60523
I PIN:06-26-100-009
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EXHIBIT A
SM-6981048 1
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EXHIBIT B
Oak Brook Marriott
Legal Description
PARCEL 1:
That part of lot 6 in Oak Brook Investment Company Assessment Plat No.4 of the North West '/,
of Section 26,Township 39 North,Range 11,East of the Third Principal Meridian,according to
the Plat thereof recorded July 8, 1964 as Document R64-24072, described as follows:
Commencing at the North East corner of said North West '/,of Section 26;thence Southerly
along the half-section line a distance of 7.78 feet to the South right of way line of 22nd Street
(before widening); thence South 89 degrees 37 minutes 38 seconds West along said South right
j of way line of 22nd Street(before widening)a distance of 77,17,feet;thence South 0 degrees 35
i minutes 48 seconds East a distance of 25.0 feet to a point on the South right of way line of 22nd
Street(as widened by Document R61-34112);thence South 89 degrees 37 minutes 38 seconds
West along said South right of way line of 22"4 Street(as widened by Document R61-34112)a i
distance of 559.40 feet to the Westerly limit of said widening by Document x.61-34112; thence
North 0 degrees 22 minutes 22 seconds West along said Westerly limit of said widening a
j distance of 25.0 feet to a point on the South right of way line of said 22"d Street(before
{ widening);thence South 89 degrees 37 minutes 38 seconds West along said South right of way
! line of 22nd Street(before widening)401.48 feet to the POINT OF BEGINNING; thence t
continuing South 89 degrees 37 minutes 38 seconds West along said South right of way line of
22ic1 Street a distance of 514.22 feet;thence South 00 degrees 22 minutes 22 seconds East(South
00 degrees 43 minutes 09 seconds East measured)along a line drawn perpendicular to the last
described line a distance of 5$8,08 feet(587.90 feet measured)to a point on the Southerly line of
j said lot 6;thence South 89 degrees 16 minutes 53 seconds East(South 89 degrees 16 minutes 14
seconds East measured)along said Southerly line of lot 6 a distance of 514.31 feet(514.45 feet
measured);thence North 00 degrees 22 minutes 22 seconds West(North 00 degrees 19 minutes �
57 seconds West measured)along a line drawn perpendicular to the South right of way line of
j said'22"d Street a distance of 597.88 feet(597.79 feet as measured)to the point of beginning,in
i DuPage County,Illinois.
PARCEL 2:
i
Perpetual non-exclusive easements for the benefit of Parcel 1 as created by Reciprocal Easement
Grants recorded August 30, 1972 as Document R72-52352 for ingress,egress and regress j
(pedestrian or vehicular)to and from a public street over,upon,and along the following 1
described 3 tracts of land: t
1 i
A) That part of Lot 6 in Oak Brook Investment Company Assessment Plat No.4,of part of
the Northwest '/ of Section 26,Township 39 North,Range 11,East of the Third Principal
Meridian, according to the plat thereof recorded July 8, 1964 as Document R64-24072,
described by commencing at the Northeast corner of the Northwest %,of said Section 26;
thence Southerly along the half section line a distance of 7.78 feet to the South right of
1 way line of 22' Street(before widening),thence South 89 degrees 37 minutes 33
j seconds West along said South right of way line of 22"d Street(before widening),a
distance of 77.17 feet;thence South 0 degrees 35 minutes 48 seconds East a distance of
t
25.00 feet to a point on the South right of way line of 22nd Street(as widened by
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Document R61-34112); thence South 89 degrees 37 minutes 38 seconds West along said
South right of way line of 22"d Street(as widened by Document R61-34112)a distance of
559.40 feet to the Westerly limit of said widening by Document R61-34112;thence F
North 0 degrees 22 minutes 22 seconds West along said Westerly limit of said widening a t
distance of 25.0 feet to a point on the South right of way line of said 22"d Street(before
widening);thence South 89 degrees 37 minutes 38 seconds West along said South right
of way line of 22nd Street(before widening)401.48 feet to the Northeast corner of a tract
of land conveyed by Document R68-58998; thence South 0 degrees 22 minutes 22
seconds East along a line drawn perpendicular to the last described line a distance of 80
feet to the point of beginning;thence continuing South 0 degrees 22 minutes 22 seconds 41
East a distance of 30.00 feet;thence South 84 degrees 00 minutes 13 seconds West a
distance of 119.58 feet;thence South 84 degrees 23 minutes 23 seconds West a distance
of 73.21 feet; thence South 44 degrees 38 minutes 24 seconds West a distance of 14.15
feet; thence Westerly along an are of a circle, having a radius of 55.50 feet,being convdx
to the South,the chord thereof having a bearing of South 89 degrees 37 minutes 38
seconds West and a length of 110.99 feet,an are distance of 172.96 feet;thence North 45
degrees 23 minutes 07 seconds West a distance of 14.15 feet;thence North 85 degrees 04 a
minutes 47 seconds West a distance of 73.71 feet; thence North 81 degrees 41 minutes 38
seconds West a distance of 119.29 feet to a point on the West line of a tract of land
conveyed by Document R68-58998,said point being 103,60 feet South 0 degrees 22
jminutes 22 seconds East of the Northwest corner of said tract of land conveyed by jf
f Document R68-58998;thence South 89 degrees 37 minutes 38 seconds West a distance 1
of 67 feet; thence North 0 degrees 22 minutes 22 seconds West a distance of 31.05 feet;
thence North 17 degrees 18 minutes 19 seconds West a distance of 54,94 feet;thence
North 61 degrees 58 minutes 47 seconds West a distance of 37.93 feet to a point on the y
j Northerly line of Lot 6,aforesaid;thence North 85 degrees 34 minutes 14 seconds East
along the Northerly line of said Lot 6 a distance of 27.76 feet to a corner of said Lot 6,
being also the most Easterly point of Tract 4 of the Butler Co. Illinois Assessment Plat
No. 1 recorded December 27, 1960 as Document 991695;thence North 89 degrees 37 J
minutes 38 seconds East along the North line of said Lot 6 and the South right of way
line of 22n'Street a distance of 88.68 feet to the Northwest corner of said tract of land t
j conveyed by Document R68-58998;thence continuing North 89 degrees 37 minutes 38
seconds East along said South right of way line of 22nd Street a distance of 13 feet; thence
South 40 degrees 32 minutes 30 seconds West a distance of 19.85 feet to a point on the
West line of said tract of land conveyed by Document R68-58998, said point being 15
feet South 0 degrees 22 minutes 22 seconds East of the Northwest corner of said tract of
land conveyed by Document R68-58998; thence South 9 degrees 29 minutes 02 seconds
West a distance of 58.42 feet; thence South 79 degrees 21 minutes 51 seconds East a
distance of 10.19 feet to a point on the West line of said tract of land conveyed by
Document R68-58998,said point being 74.50 feet South 0 degrees 22 minutes 22
seconds East of the Northwest corner of said tract of land conveyed by Document R68-
58998; thence continuing South 79 degrees 21 minutes 51 seconds East a distance of
138.77 feet;thence North 89 degrees 37 minutes 28 seconds East a distance of 242.50
feet;thence North 80 degrees 49 minutes 03 seconds East a distance of 137.12 feet to the
point of beginning(except that part thereof lying East of the West line of a tract of land
conveyed by Document R68-58998), in Du Page County,Illinois.
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B) That part of Lot 6 in Oak Brook Investment Company Assessment Plat No.4,of part of
the Northwest''/a of Section 26,Township 39 North,Range 11,East of the Third Principal
Meridian,according to the Plat thereof recorded July 8, 1964 as Document R64-24072
described as commencing at the Northeast corner of said Northwest K of Section 26;
thence Souther along along the half section line a distance of 7.78 feet to the South right of
way line of 22" Street(before widening);thence South 89 degrees 37 minutes 38
seconds West along said South right of way line of 22nd Street(before widening)a
distance of 77.17 feet;thence South 0 degrees 35 minutes 48 seconds East a distance of
25.0 feet to a point on the South right of way line of 22"4 Street(as widened by
i Document R61-34112);thence South 89 degrees 37 minutes 38 seconds West along said
South right of way line of 22"d Street(as widened),a distance of 559.40 feet to the
' Westerly limit of said widening by Document R61-34112);thence North 0 degrees 22
minutes 22 seconds West along said Westerly limit of said widening a distance of 25.0
feet to a point on the South right of way line of 22"d Street(before widening);thence r
South 89 degrees 37 minutes 38 seconds West along said South right of way line of 22nd
Street(before widening),a distance of 207.48 feet;thence South 0 degrees 22 minutes 22
seconds East a distance of 80.00 feet to the point of beginning;thence continuing South 0
degrees 22 minutes 22 seconds East a distance of 30.00 feet;thence South 89 degrees 37
minutes 38 seconds West a distance of 194.00 feet;thence North 0 degrees 22 minutes 22 it
seconds West a distance of 30.00 feet;thence North 89 degrees 37 minutes 38 seconds
East and parallel with the South right of way line of 22"d Street(before widening)a
distance of 194.00 feet to the point of beginning,in Du Page County,Illinois.
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C) The Westerly 55 feet of the following described land lying North of the South line of the
land described above at(B)extended Easterly: that part of Lot 6 in Oak Brook
Investment Company Assessment Plat Number 4,of part of the Northwest%+of
Section 26,Township 39 North,Range 11,East of the Third Principal Meridian, 1�
according to the Plat thereof recorded July 8, 1964 as Document R64-24072 described by
commencing at the Northeast corner of said Northwest %of Section 26;thence Southerly
along the half section line a distance of 7.78 feet to the South right of way line of 22"d
j Street(before widening); thence South 89 degrees 37 minutes 38 seconds West along
said South right of way line of 22"d Street(before widening)a distance of 77.17 feet;
1 1 thence South 0 degrees 35 minutes 48 seconds East a distance of 25.0 feet to a point on
the South right of way line of 22"d Street(as widened by Document R61-34112);thence
I South 89 degrees 37 minutes 38 seconds West along said South right of way line of 22"d
Street(as widened)a distance of 489.06 feet;thence South 0 degrees 22 minutes 22
i seconds]cast a distance of 55.00 feet to the point of beginning;thence continuing South
0 degrees 22 minutes 22 seconds East a distance of 30.00 feet;thence South 89 degrees
i 37 minutes 38 seconds West a distance of 222.82 feet; thence South 0 degrees 22 minutes
22 seconds East a distance of 189.50 feet; thence South 89 degrees 37 minutes 38
seconds West a distance of 55.00 feet; thence North 0 degrees 22 minutes 22 seconds
West a distance of 299.50 feet to a point on the South right of way line of 22nd Street
(before widening);thence North 89 degrees 37 minutes 38 seconds East along said South
right of way line of 22"d Street(before widening)a distance of 55.00 feet;thence South 0
1 degrees 22 minutes 22 seconds East a distance of 80.00 feet;thence North 89 degrees 37
` minutes 38 seconds East a distance of 222.82 feet to the point of beginning,in Du Page
I( County,Illinois.
l3 Permanent Real Estate Index Number: 06-26-100-005
Address of real estate: l 401 West nd
i 22 Street,Oak Brook,Illinois
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EXHIBIT C
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DESCRIPTION OF SUBJEOT PROJECT
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Project G1 ,
This project'includes improvements to
sidewalks,pedestrian crossings, and
lighting in the vicinity of 22nd Street,the
Marriott Oak Brook property, and the
i Regency Towers property, Specific project
features include: sidewalks, decorative
S concrete mosswalks,bollexd lighting, and
I enhanced pedestrian crossing signals.
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