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S-1600 - 04/14/2020 - AGREEMENT - Ordinances Supporting Documents Tx:401B022'. FRED BUCHOLZ, RECORDER DUPAGE COUNTY ILLINOIS 08/331/2020 11.02 40, DOCUMENT # R2020-096740 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook,IL 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document: ORDINANCE NUMBER 2020-EASE-WM-TWYBRG-S-1600,AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND PEMBROKE 2001 YORK LLC Property Address/es 2001 YORK ROAD OAK BROOK ILLINOIS (If vacant land,so state and list nearest cross streets) PIN No(s). 06-24-403-009-0000 Name&Address of Applicant: Pembroke 2001 York LLC c/o Pembroke Hobson LLC 24 N Bvn Mawr Avenue #287 Bryn Mawr,PA 19010 Name&Address of Responsible: Village of Oak Brook Doug Patchin 1200 Oak Brook Road Oak Brook IL 60523 Party to Receive Copy of: Recorded Document and Billing: G/L Account to be charged: 171-90400 Prepared By&Return to: Village of Oak Brook 1200 Oak Brook Road Oak Brook,IL 60523-2255 Name&Address of Recipient N/A of Consideration(when applicable): G/L Account to be charged: Prepared by and Return to: James G.Wargo Ottosen DiNolfo Hasenbalg& Castaldo,Ltd. 1804 N Naper Blvd.,Suite 350 Naperville,Illinois 60563 This space reserved for Recorder's use EASEMENT AGREEMENT a THIS AGREEMENT, dated as of this I q"-day of /A I 2020, by and between the PEMBROKE 2001 YORK LLC, a Delaware corporation ("PEMBROKE"), and the VILLAGE OF OAK BROOK,an Illinois municipal corporation("VILLAGE"). RECITALS: WHEREAS, PEMBROKE is the legal owner of record of certain real property situated within the corporate limits of the Village of Oak Brook,DuPage County,Illinois,which real property is commonly known as 2001 York Road, Oak Brook, Illinois, P.I.N. 06-24-403-009-0000, and legally described in EXHIBIT 1 attached hereto and by this reference incorporated herein (the "Pembroke Property');and WHEREAS,the VILLAGE is in the process of widening the roadway on Windsor Drive between 22"d Street and Swift Drive in the Village of Oak Brook;and WHEREAS,part of the road widening project includes the movement of the existing 10- inch water main on the Pembroke Property adjacent to Windsor Drive toward the roadway area and to extend the water main through the nearby Interstate Highway(hereinafter the"Project"); and WHEREAS,a portion of Windsor Drive includes a bridge that crosses over the Interstate Highway maintained by the State of Illinois;and WHEREAS,the State of Illinois is in the process of building a new bridge to cross over the Interstate Highway to accommodate the widening of Windsor Drive("Windsor Drive Bridge"); and WHEREAS, in order to get the alignment of the water main along Windsor Drive in the correct position to cross over the Interstate Highway without conflicting with the new Windsor Drive Bridge,the VILLAGE needs to obtain an easement over a portion of the Pembroke Property; and - 1- WHEREAS, PEMBROKE desires to grant an easement to the VILLAGE on a portion of the Pembroke Property in order to complete the Project,which easement area is legally described in EXHIBIT 2 attached hereto and by this reference incorporated herein (the "Easement Premises");and WHEREAS,PEMBROKE further desires to grant the VILLAGE a temporary easement on the Pembroke Property,which easement area is legally described in EXHIBIT 3 attached hereto and by this reference incorporated herein(the"Temporary Construction Easement Premises") in order to move the existing water main along Windsor Drive. NOW,THEREFORE,in consideration of the sum of Ten Dollars($10.00)and the mutual covenants and agreements set forth herein and other good and valuable consideration provided by the VILLAGE to PEMBROKE,the receipt and sufficiency of which are hereby acknowledged, the parties thereto mutually agree as follows: SECTION ONE. Recitals. That the recitals set forth above are incorporated herein and made a part hereof as if set forth fully herein. SECTION TWO: A. Grant of Permanent Easement. PEMBROKE hereby grants and conveys to the VILLAGE a perpetual,non-exclusive easement and right of way(the"Easement')for the full and free right, privilege and authority of allowing the VILLAGE and its agents,servants,employees, invitees, and contractors(collectively, "Village Agents")to survey, construct, reconstruct, lay, use, own, operate, maintain, test, inspect, repair, replace, enlarge, renew, alter, remove, or abandon in place a water main and all attachments,equipment,and appurtenances incidental thereto (such water main and all attachments, equipment, and appurtenances shall hereafter collectively be referred to as"Facilities")as the VILLAGE may deem necessary or desirable for its needs (these activities shall hereinafter collectively be referred to as (the "Easement Activities')in, upon, over, under, through, along, across, and under the Easement Premises, subject to the terms and conditions hereinafter set forth, together with all reasonable rights of ingress and egress over the Pembroke Property to carry out the purposes of the Easement granted herein. The easement over the Easement Premises granted herein is further identified as the"Water Main Easement(WME)"on the Easement Exhibit attached at EXHIBIT 4 and by this reference incorporated herein. B. Grant of Temporary Construction Easement. PEMBROKE hereby further grants and conveys to the VILLAGE a temporary construction easement (the "Temporary Construction Easement') for the full and free right, privilege and authority to perform the installation work,staging,equipment and materials storage,and similar activities relating to the initial installation and/or construction of the Facilities and any necessary restoration(collectively, the"Construction WorK')over,along,upon,and across the Temporary Construction Easement Premises. The VILLAGE shall utilize the Temporary Easement Premises in a manner so as to minimize any disruption and/or interference with the PEMBROKE's business operations on the Pembroke Property. The VILLAGE shall notify PEMBROKE at least seven (7) days prior to beginning any Construction Work within the Easement Premises and/or Temporary Easement Premises and shall thereafter complete the Construction Work within twelve(12)months unless otherwise agreed to by the VILLAGE and the PEMBROKE. Upon completion of the Construction Work,the VILLAGE shall provide written notice to PEMBROKE(the"Completion Notice").The term of the Temporary Construction Easement shall commence upon recordation of this -2- Easement Agreement and terminate on the date of the Completion Notice. The easement over the Temporary Construction Easement Premises granted herein is further identified as the "Temporary Construction Easement(TCE)"on the Easement Exhibit attached at EXHIBIT 4 and by this reference incorporated herein. SECTION THREE: Installation and Maintenance. The VILLAGE agrees that it shall cause any installation of the Facilities and any Construction Work to be done and completed in a good and workmanlike manner,free of any liens and in compliance with all laws and regulations regarding the Facilities,and thereafter the VILLAGE shall maintain or cause the Facilities to be maintained in good order, condition and repair in compliance with all applicable laws and regulations at the VILLAGE's sole cost. The VILLAGE shall be solely responsible for the transportation,safekeeping,and storage of materials and equipment used in the exercise of the Easement Activities granted herein,for the removal of waste and debris resulting therefrom,and for the prompt repair of any damage caused by the VILLAGE or and Village Agents to the Pembroke Property. SECTION FOUR: Restoration. Upon completion of the Construction Work or the exercise of any other Easement Activities by the VILLAGE and/or the Village Agents, the VILLAGE agrees to promptly, and in no case within less than 30 days thereafter, repair and restore any portion of the Pembroke Property which is disturbed or altered in any manner by such Easement Activities(including the landscaping and surface of the ground above the same)to the grade and condition it was in immediately prior to such Easement Activities, at the VILLAGE's sole cost and expense. The foregoing notwithstanding,in the even that any repair or restoration of landscaping cannot be completed within 30 days due to fall or winter weather,the VILLAGE shall restore such landscaping as soon as practicable the following spring. SECTION FIVE: Parking Lots. In exercising its rights under this Easement Agreement,the VILLAGE represents and warrants that it shall not travel over,utilize or otherwise occupy any portion of the parking lot areas located on the Pembroke Property without the consent and prior approval of PEMBROKE. SECTION SIX: Indemnification and Hold Harmless. The VILLAGE shall defend, indemnify, keep and save harmless PEMBROKE against all injuries,deaths, losses,damages, claims, liens, suits, liabilities, judgments, costs and expenses which may accrue (including reasonable attorneys'fees and court costs),arising out of,or alleged to arise out of the VILLAGE's performance of Easement Activities and/or use of the Easement Premises and/or other portion of the Pembroke Property under this Agreement but only to the extent caused by the negligence and/or wrongful conduct of the VILLAGE or any other party for whom the VILLAGE is responsible. The VILLAGE shall not be obligated or responsible to indemnify, defend,and/or hold harmless PEMBROKE, or any third party,from or against any injuries,deaths, losses,damages, claims, liens,suits,liabilities,judgments,costs and/or expenses to the extent caused by the negligence or wrongful conduct of PEMBROKE or any other party for whom PEMBROKE is responsible. SECTION SEVEN: Reservation of Rights. PEMBROKE hereby reserves the right to use the Easement Premises in a manner that will not prevent or interfere in any way with the exercise by the VILLAGE of the rights granted hereunder;provided, however,that PEMBROKE shall not permanently or temporarily improve, disturb, damage, destroy, injure, or obstruct the Easement Premises, nor permit the Easement Premises to be permanently or temporarily improved,disturbed,damaged,destroyed,injured,or obstructed,at any time whatsoever,without the express prior written consent of the VILLAGE.The Easement is and shall be expressly subject to any easements and rights-of-way already existing as of the date hereof in, over, upon and -3- across the Easement Premises. PEMBROKE shall have the right to grant other non-exclusive easements over, along, upon, or across the Easement Premises; provided, however, that any other easements shall be subject to this Agreement and the rights granted hereby;and provided further,however,that the VILLAGE shall have first consented in writing to the terms,nature,and location of any other easements.PEMBROKE reserves the right to promulgate reasonable rules and regulations regarding any access by the VILLAGE in the exercise of its easement rights granted herein,and the VILLAGE and Village Agents shall comply with the same. SECTION EIGHT: Further Assurances. PEMBROKE hereby represents and warrants that it shall take all necessary action so that the easements contemplated by this Agreement shall be released from all liens,including but not limited to,the lien of all mortgages,mechanics'lien claims, security agreements, assignments of rents and leases, and shall execute all such documents as may be reasonably necessary to perfect the VILLAGE's right, title, and interest herein. In the event PEMBROKE has a mortgage lien on the Pembroke Property, PEMBROKE agrees to obtain its lender's written consent by having such lender execute the Consent,Joinder and Subordination of Lender with respect to this Agreement and the easements granted herein, which is attached hereto as SECTION NINE: Covenants Running with the Land. The easements and rights granted in this Agreement,the restrictions imposed by this Agreement,and the agreements and covenants contained in this Agreement shall be easements,rights,restrictions,agreements,and covenants running with the land, shall be recorded against the Easement Premises and the Temporary Construction Easement Premises,and shall be binding upon and inure to the benefit of PEMBROKE and the VILLAGE and their respective heirs,executors,administrators,grantees, successors, assigns, agents, licensees, invitees, and representatives, including, without limitation, all subsequent owners of the Easement Premises, or any portion thereof, and all persons claiming under them. SECTION TEN: Notices. Any notice required or desired to be given under this Agreement shall be deemed properly served if delivered in person to the party to whom it is addressed or on the third(31)day after deposit in the U.S. Mail, registered or certified delivery, return receipt requested,postage prepaid,and addressed as follows: If to the VILLAGE: Village of Oak Brook 1200 Oak Brook Road Oak Brook,Illinois 60523 Attn: Village Administrator If to PEMBROKE: Pembroke 2001 York LLC c/o Pembroke Hobson LLC 24 N.Byn Mawr Avenue,#287 Bryn Mawr,PA 19010 SECTION ELEVEN: Recording. Upon execution,this Agreement shall be recorded by the VILLAGE with the DuPage County Recorder of Deeds. SECTION TWELVE: Amendment. This Agreement may be modified, amended, or annulled only by the written agreement of PEMBROKE and the VILLAGE. -4- SECTION THIRTEEN:Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which shall together constitute one and the same instrument. SECTION FOURTEEN: Governing Law. The terms and provisions of this Agreement shall be construed and enforced in accordance with the laws of the State of Illinois,without regard to conflict of law principles. SECTION FIFTEEN: Survival. All representations and warranties contained herein (including in the Recitals and Exhibits)shall survive the execution of this Agreement and the recordation thereof and shall not be merged. IN WITNESS WHEREOF, the parties hereto have executed or have caused this instrument to be executed by their proper officers duly authorized to execute. VILLAGE OF OA ROOK Gopal G.Lalmalani,Village President Date: ZO A ' Charlotte K.Pruss,Village Clerk Date: 70 z4 PEMBROKE 2001 YORK LLC,a Delaware Limited Liability Company By: Courtney York Management LLC,a Delaware Limited Liability Company Its: Managing Member By: Name: Richard C.Hamlin Its: Sole Member Date: e11- Zt , Z02-eD -5- STATE OF ILLINOIS ) SS COUNTY OF DUPAGE ) I, � a Notary Public in and for said County, in the State aforesaid, do her by certify that GOPAL G. LALMALANI, as the Village President of the Village of Oak Brook, and CHARLOTTE K. PRUSS, as the Village Clerk of the Village, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day and acknowledged that as the Village President and the Village Clerk of the Village of Oak Brook, they signed and delivered said instrument as their own free and voluntary act and as the free and voluntary act of the Village of Oak Brook for the uses and purposes therein set forth. Given under my hand and official seal this./day of , 2020. *6Va Notary Public My commission expires: (SEAL) KATHRYN E VONACHEN Official Seal Notary public-State of Illinois My Commission Expires Jul 1 2023 - 6 - CO n.tnjFc>rtccy-c- yolti� n�tA£�.rt>rsr uL STATE OF ILL Irl S ) SS COUNTY OF DUF9XGE ) a Notary Public in and for said County, in the State aforesaid, do hereb cern that viz% neo � 1+9%m,N Y , as the (-ke•`w*--e. of Pembroke 100fk_ Y d , as the 14hwP6*k,o& of the Pembroke 2001 York LLC, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day and acknowledged that as the sA4e. 1_45:t.te-e-PI emd:4heµwAw&LQr uqAkig--Lof Pembroke 2001 York LLC, Chef signed and delivered said instrument as their own free and voluntary act and as the free and voluntary act of the Pembroke 2001 York LLC for the uses and purposes therein set forth. Given under my hand and official seal this day of �e'2t �' 2020. r_�D Not `public My commission expires: (SEAL) HERfBERTO RIVERA JR ' Notary Public Connecticut My Commission Expires Feb 28,2022 - 7 - EXHIBIT 1 LEGAL DESCRIPTION OF THE PEMBROKE PROPERTY LOT 2 IN THE YORK ROAD PROPERTIES,L.L.C.SUBDIVISION,BEING A SUBDIVISION OF LOT A IN SUNBEAM CORPORATION SECOND ASSESSMENT PLAT,BEING PART OF THE SOUTHEAST QUARTER OF SECTION 24,TOWNSHIP 39 NORTH,RANGE 11 EAT OF THE THIRD PRINCIPAL MERIDIAN,RECORDED OCTOBER 5, 1964 AS DOCUMENT R64-37390, ACCORDING TO THE PLAT RECORDED NOVEMBER 29,2000 AS DOCUMENT R2000- 187248,IN DUPAGE COUNTY,ILLINOIS. Commonly known as 2001 York Road,Oak Brook,DuPage County,Illinois;Permanent Index Number 06-24-403-009-0000. 8 EXHIBIT 2 LEGAL DESCRIPTION OF THE EASEMENT PREMISES(WATER MAIN EASEMENT) THAT PART OF LOT 2 IN YORK ROAD PROPERTIES,L.L.C.SUBDIVISION,BEING A SUBDIVISION IN THAT PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 24,TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 29,2000 AS DOCUMENT NO.R2000-187248 IN DUPAGE COUNTY, ILLINOIS, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 2;THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 2,ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF WINDSOR DRIVE,HAVING AN ILLINOIS COORDINATE SYSTEM(EAST ZONE)GRID BEARING OF SOUTH 43 DEGREES 48 MINUTES 20 SECONDS WEST A DISTANCE OF 10.00 FEET TO A POINT ON A 5646.58 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY AND 10.00 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE NORTHEASTERLY LINE OF SAID LOT 2,SAID PARALLEL CURVED LINE BEING THE WESTERLY LINE OF A 10 FOOT WATERMAIN EASEMENT GRANTED BY DOCUMENT NO.R77-041949, RECORDED JUNE 2,1977;THENCE NORTHWESTERLY ALONG SAID CURVE 10.00 FEET(THE CHORD BEARS NORTH 46 DEGREES 34 MINUTES 04 SECONDS WEST,10.00 FEET)TO A POINT ON A LINE 10.00 FEET NORTHWESTERLY OF AND PARALLEL WITH SAID SOUTHEASTERLY LINE OF SAID LOT 2,SAID PARALLEL LINE BEING THE NORTHERLY LINE OF A 10 FOOT PUBLIC UTILITY EASEMENT GRANTED BY SAID DOCUMENT NO.R2000-187248,SAID POINT BEING THE POINT OF BEGINNING;THENCE SOUTH 43 DEGREES 48 MINUTES 20 SECONDS WEST,28.82 FEET ALONG SAID PARALLEL LINE;THENCE NORTH 09 DEGREES 20 MINUTES 57 SECONDS EAST,34.74 FEET TO A POINT ON SAID 5646.58 FOOT RADIUS CURVE,CONCAVE SOUTHWESTERLY AND 10.00 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE NORTHEASTERLY LINE OF SAID LOT 2;THENCE SOUTHEASTERLY ALONG SAID CURVE 19.65 FEET(THE CHORD BEARS SOUTH 46 DEGREES 43 MINUTES 06 SECONDS EAST,19.65 FEET)TO THE POINT OF BEGINNING. 9 EXHIBIT 3 LEGAL DESCRIPTION OF THE TEMPORARY CONSTRUCTION EASEMENT PREMISES (TEMPORARY CONSTRUCTION EASEMENT) THAT PART OF LOT 2 IN YORK ROAD PROPERTIES,L.L.C.SUBDIVISION,BEING A SUBDIVISION IN THAT PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 24,TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 29,2000 AS DOCUMENT NO. R2000-187248 IN DUPAGE COUNTY, ILLINOIS, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 2;THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 2,ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF WINDSOR DRIVE,HAVING AN ILLINOIS COORDINATE SYSTEM(EAST ZONE)GRID BEARING OF SOUTH 43 DEGREES 48 MINUTES 20 SECONDS WEST A DISTANCE OF 40.55 FEET TO A POINT ON A 738.56 FOOT RADIUS CURVE,CONCAVE SOUTHEASTERLY;THENCE SOUTHWESTERLY ALONG SAID CURVE 350.00 FEET(THE CHORD BEARS SOUTH 30 DEGREES 13 MINUTES 46 SECONDS WEST,346.73 FEET); THENCE NORTH 73 DEGREES 20 MINUTES 48 SECONDS WEST,25.00 FEET TO A POINT ON A 763.56 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY AND 25.00 FEET NORTHWESTERLY OF AND PARALLEL WITH SAID SOUTHEASTERLY LINE OF LOT 2; THENCE NORTHEASTERLY ALONG SAID CURVE 164.00 FEET(THE CHORD BEARS NORTH 22 DEGREES 48 MINUTES 23 SECONDS EAST,163.68 FEET);THENCE NORTH 61 DEGREES 02 MINUTES 26 SECONDS WEST,15.00 FEET TO A POINT ON A 778.56 FOOT RADIUS CURVE,CONCAVE SOUTHEASTERLY AND 40.00 FEET NORTHWESTERLY OF AND PARALLEL WITH SAID SOUTHEASTERLY LINE OF LOT 2; THENCE NORTHEASTERLY ALONG SAID CURVE 201.73 FEET(THE CHORD BEARS NORTH 36 DEGREES 22 MINUTES 57 SECONDS EAST,201.17 FEET);THENCE NORTH 43 DEGREES 48 MINUTES 20 SECONDS EAST,40.18 FEET ALONG SAID 40.00 FOOT PARALLEL LINE TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 2,ALSO BEING THE SOUTHWESTERLY LINE OF THE RONALD REGAN MEMORIAL TOLLWAY(A.K.A.INTERSTATE 88)AND BEING A 5656.58 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 40.00 FEET(THE CHORD BEARS SOUTH 46 DEGREES 43 MINUTES 09 SECONDS EAST,40.00 FEET)TO THE POINT OF BEGINNING. 10 EXHIBIT 4 EASEMENT EXHIBIT (to be attached) 11 LEGEND EASEMENT EXHIBIT a 1 10 } via $ ¢0 r•z'Say, sc PIN NO, 90y our—aowo9 9�0 RONALD REAGAN MEMORIAL TOLLWAY (188) q a' F9C9y -- 4� A VP ra wcoemo-urse 4''`il�`p'Fi'4`'4q�,� �e,tea ��� ;Any,'`8q�, Sly e� 3{�/ a .•��t'♦ * �. �,. i t dv 6,ps�;t i 1� tj f �y3p`-Or R U. 5Eg ott s dAi \\% a 4E y�4 d`„d' die m rf�o�apt, ♦♦t♦ND 4t M PS�St}, pP vexnArcr ..o nxvar urr orsan uo-L earres rar�. �pN �/ Q♦pt .. u v rE ♦)'4fty4 X�/,�� v v / ♦ PSSES6�ENt s.u riou a wrr ro merxm a wr wwa. wx a�n AT ON t pe arm:r : `Im"�°w°SRaao-u"'�"me P ix^',pw��,�'E.P t♦' (/ t@' �ENtNp?' . xaw,romx eurw rmv a ne W, 4 f/ / SPP♦ pEP POix . iiin aro+rsr vu�_¢eaa�r :.rxry waver re w.awv mrrrzn cE rnre was r.e ewrm ______________. -----------------_________ --------------- ___ iPc n vawen nnE emn. ________.__ ___________________.______.___.__ - . : ___________-___- wo re wwrurrmnwwmrrr vvmeze uw,sv r,rrui _____________________ _ -___-;__ z+m�v.Dov nze nwummn�eax�x»m rwuz�.mw. ecamvn z-»-z� ptt CHRISTOPHER B. BURKE ENGINEERING. LTD. EASEMENT EXHIBIT O JR pwN. 4J�1 16o5fiosDI I CURVE TABLE Rosemont, West Higgins Road. Suite 600 VILLAGE OF OAKINBROOK, ILLINOIS C.D. J ^�a r mxo ffB Rosemont, Illinois 60018 (847) 823-0500 PREPARED VILLAGE OF OAKK BROOK DATE, ai0-2'zo-zozo E e CONSENT,JOINDER AND SUBORDINATION OF LENDER WITH RESPECT TO AGREEMENT AND GRANT OF EASEMENTS ("Joinder") The undersigned,VMC Finance 2019-FL3,LLC,as lender("Lender")under that certain first mortgage dated August 29, 2019, made by PEMBROKE 2001 YORK, LLC, a Delaware corporation, hereinbefore named, which mortgage was recorded on August 30, 2019 as Document Number R2019-075894 in the Recorder of Deeds Office of DuPage County, Illinois (the"Mortgage")and the other ancillary documents executed therewith,including but not limited to the promissory note (collectively the"Loan Documents"), for itself and its successors and assigns of its interest under the Mortgage(i)consents to the execution of the herein Easement Agreement and(ii)agrees that Lender's interest under the Mortgage and the Mortgage itself,and the Loan Documents,are subject and subordinate to all of the terms,covenants and provisions of the Easement Agreement to which this Joinder is attached. The undersigned has executed this Joinder as of the 24'"day of July,2020. LENDER: VMC Finance 2019-FL3,LLC,a Delaware limited liability company By:Trimont Real Estate Advisors,LLC,as servicer and special servicer Amber Sefert "='9-°b,lm�S,4,1 By: D'1 2020.07.24 163657-0VW Name:Amber Siefert Title:Authorized Signatory STATE OF ) ss. COUNTY OF ) I,the undersigned,a Notary Public,in and for the County and State aforesaid,DO HEREBY CERTIFY,that and are personally known to me be the and_ of a_ (the"Lender"), and are the same persons whose names are subscribed to the foregoing instrument,appeared before me this day in person and severally acknowledged that as such and ,respectively of the Lender,they signed and delivered the said instrument and caused the seal of the Lender to be affixed thereto,pursuant to authority given by the Board of Directors of the Lender,and as their free and voluntary act,and as the free and voluntary act and deed of the Lender,for the uses and purposes therein set forth. Given under my hand and official seal,this day of ,2020. Notary Public My Commission Expires 'r►��yCR REVIEW OF CONTRACTS Awarding A ency: Ty e of Contract: Depart:,, — Progra /Account Number: Awarded o ract Price: Bud g ted Amount: Q Under $20,000 Q $500,001 - $1,000,000 Q $20,000 - $500,000 Q Over $1,000,000 Name: dA Date: IRS Name: 44 Date: OD Name: Date: l '1 Name: Date: 1001- Three (3)3 Originals signed by other party Date/Initials 9 9 Original provided to staff member for other party Date/Initials lupJL 1 Original provided to Official Files Date/Initialsle Village of Oak Brook I Approved by Board of Trustees- Date/Initials: