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HomeMy WebLinkAboutHarger Road 1180 - Transferee Assumption Agreement (Exhibit E to Ordinance) - SIGNED - 202511I1,II111II 7�j�i7'+gl)li T;::40638602 ELIZABETH M. CHAPLI14 RECORDER DUPAGE COUNTY, IL 05/0812025 01:59 PM DOC NO. R2025-026686 PAGES: 6 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523-2255 RECORDED DOCUMENT TITLE PAGE Property Address/es 1180 Hanger Road, Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). Name and Address of Applicant: Day & Robert, P.C. Attn: Scott Day 300 E 5'h Avenue #365 Naperville. IL 60563 Name and Address of Responsible: Party to Receive Copy of Same as above Recorded Document and Billing G/L Account to be charged: 10-2306 Escrow Account for Kids Urgent Care Prepared By and Return to: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 Name & Address of Recipient of Consideration (when applic G/L Account to be charged:_ f 1� TRANSFEREE ASSUMPTION AGREEMENT THIS TRANSFEREE ASSUMPTION AGREEMENT, made as of this 18i° day of April, 2025, by, between and among FRANKLIN 1900 SPRING ROAD LOT 1, LLC, an Illinois limited liability company ("Owner"); AHAD PROPERTIES LLC, a Delaware limited liability company, doing business as KIDS Development Corporation ("Transferee," as assignee of KIDS URGENT CARE LTD, a Delaware corporation, d/b/a KIDS Development Corporation); and the VILLAGE OF OAK BROOK, an Illinois municipal corporation ("Village"). WITNESSETH: WHEREAS, pursuant to that certain Agreement for Purchase of Real Estate dated May 22, 2024, as amended ("Real Estate Purchase Agreement"), the Transferee agreed to purchase from the Owner certain real property situated in DuPage County, Illinois and legally described in Exhibit A attached hereto and by this reference incorporated herein and made a part hereof ("Property"); and WHEREAS, following the conveyance of the Property by the Owner, the Transferee wiI I be the legal owner of the Property; and WHEREAS, as a condition to the conveyance of the Property by the Owner, the Owner and the Village require that the Transferee agree to comply with all the terms, requirements and obligations set forth in Village of Oak Brook Ordinance 2024-ZO-PUD-EX-S-1707, approved by the Village on or about September 24, 2024, and recorded in the Office of the DuPage County Recorder on November 20, 2024, as Document No. 20240009, by and between the Village and Owner, as amended from time to time ("Planned Development Ordinance"); NOW, THEREFORE, in consideration of the agreement of the Owner to convey the Property to the Transferee and of the Village to accept the transfer of obligations as provided herein and to grant the releases granted herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed by, between and among the Village, the Owner, and the Transferee as follows: 1. Recitals. The foregoing recitals are by this reference incorporated herein and made a part hereof as substantive provisions of this Agreement. 2. Assumption of Obligations. The Transferee, on its behalf and on behalf of its successors, assigns, heirs, executors and administrators, hereby agrees, at its sole cost and expense, to comply with all of the terms, requirements and obligations of the Planned Development Ordinance, including all exhibits and attachments thereto. 3. Assurances of Financial Ability. Contemporaneously with the Transferee's execution of this Agreement, the Transferee shall, upon the request of the Village, provide the Village with reasonable assurances of financial ability to meet the obligations assumed hereunder as the Village may reasonably require. 4. Acknowledgement and Release of Transferor. The Village hereby acknowledges its agreement to the Transferee's assumption of the obligation to comply with the terms, requirements and obligations of the Planned Development Ordinance, including all exhibits and attachments thereto, and the Village hereby releases the Owner from any and all liability for failure to comply with the terms, requirements and obligations of the Redevelopment Agreement. LP 24439605 2 \ 3 1946-139566 IN WITNESS WHEREOF, the parties hereto have caused this Transferee Assumption Agreement to be executed as of the day and year first written above. OWNER: FRANKLIN 1900 SPRING ROAD LOT 1, LLC, an Illinois limited liability company By: Name: Raymon tler— Its: Authorized Signatory STATE OF ILLINOIS ) ) SS. COUNTY OF b uTa q . ) The foregoing instrument was acknowledged before me on Ner I I I , 2025, by Raymond A. Warner, the Authorized Signatory of FRANKLIN 1900 SPRING ROAD LOT 1, LLC, an Illinois limited liability company, as his free and voluntary act in his authorized capacity of said company for the uses and purposes herein. OFFICIAL SEAL Signature of Notary BERNADETTE N RODEGHERO NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES: 0311712027 SEAL My Commission expires: [Signatures continue on next page] VILLAGE: ATTEST: VILLAGE OF OAK BROOK, an Illinois municipal corporation B, : l�i, By: Its: IiS r�a� Its: — STATE OF ILLINOIS ) SS. COUNTY OF DUP0� This instrument was acknoa Illinois muticipal corporation, and by municipal corporation. SEAL before me on Ap Ir t I ' a , 2025, by 1, tite-Pre9tilertE-of OF OAK BROOK, an ,��n���Jte, theAVillage Clerk of said L-?OtI Official -Seal CONNIE REIO Notary Public, State of Illinois `-'trp rtAJ` Signature of Notary Commission No. 895691 My Commission Expires June 7, 2027 My Commission expires: LD 1 "1 1 a.D8'1 [Signatures continue on next page] TRANSFEREE: AHAD PROPERTIES LLC, a Delaware limited liability company doing business as KIDS Development Corporation By: Name: A ullah Its President STATE OF ILLINOIS ) SS. COUNTY OF ILLINOIS ) The foregoing instrument was acknowledged before me on April 6 2025, by Lubna Abdullah, the President of AHAD PROPERTIES LLC, a Delaware limited liability company, doing business as KIDS Development Corporation as his/her free and voluntary act in his/her authorized capacity of said company for the uses and purposes herein. Official Seal DESIREE M PERALTA Signature of Notary Notary Public, State of IlliL14, Commission No, 904891 SEAL My Commission Expires Decembe27 My Commission expires: -- i0iIq 0'-0a-a- EXHIBIT A LEGAL DESCRIPTION LOT 1 IN THE FINAL PLAT OF F'RANKLIN SUBDIVISION, BEING A RESUBDIVISION OF LOT 1 IN FIRST FEDERAL RESUBDIVISION OF LOTS 1 AND 2 IN OAKBROOK HOTEL CO'S RESUBDIVISION IN SECTION 23, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 27, 2018 AS DOCUMENT NO. R2018-036669, IN DUPAGE COUNTY, ILLINOIS. Common Address: 1 180 HARGER ROAD, OAK BROOK, ILLINOIS 60523 Pl N (s): 06-23-302-004 A-1