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R-1654 - 08/08/2017 - PEDESTRIAN ACCESS - Resolutions ExhibitsPEDESTRIAN 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_YLLday of R icF,,Sr 2017 ( "Effective Date "), and is by and between on the VILLAGE OF OAK BROOK, an Illinois municipal corporation ( "Village "), 1401 WEST 22 STREET INVESTORS LLC ( "THE OAK BROOK MARRIOTr), 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: 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 22n4 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 100397& &5 4. Reduced vehicular traffic within the Oakbrook Center Area, on Route 83, 16th Street, Spring Road, and 22otl 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. A. Villaae 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 maintain and repair any portion of the Subject Project that is located on 1003978 v5 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 3 1003978 Y5 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 A. Villaae Oversight Costs. 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. 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. A. Villaae 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. 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. 1003978.v5 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. 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 1003978.0 And 1401 West 22nd Street Investors LLC c/o UBS Realty Investors LLC 10 State House Square, 15"' 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 Prior to June 6, 2017: From and after June 6, 2017: American Realty Advisors American Realty Advisors 801 North Brand Boulevard, Suite 800 515 South Flower Street, 49th Floor Glendale, California 91203 Attention: Los Angeles, California 90071 Stanley L. lezman Attn: Stanley L. lezman B. Durations Successors and Aa ians. 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. Waiver. 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. Governina 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 Damanes. 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 6 1003978.v5 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 Agreement. 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. I. 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] 7 1003978v5 IN WITNESS WHEREOF, the Village and the Stakeholders have executed this Agreement as of the Effective Date. ATTEST: Village Clerk ATTEST: ATTEST: Y By: 1003978.v5 VILLAGE OF OAK BROOK, an Illinois municipal corporation B Village Manager ASVRF OAK BROOK REGENCY, LLC, a Delaware limited liability company By: FIRST FIDUCIARY REALTY ADVISORS, INC., a California corporation, its Manager By: Name: Title 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 I, its ge eral partner By: Its: E>S t e Director By: F Its: %romaS 1 lid Village Clerk ATTEST: ATTEST: Y By: 1003978.v5 VILLAGE OF OAK BROOK, an Illinois municipal corporation B Village Manager ASVRF OAK BROOK REGENCY, LLC, a Delaware limited liability company By: FIRST FIDUCIARY REALTY ADVISORS, INC., a California corporation, its Manager By: Name: Title 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 I, its ge eral partner By: Its: E>S t e Director By: F Its: %romaS California All- Purpose Acknowledgement A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Francisco On_ June 21, 2017 before me, Denise Elaine McCown, Notary Public, personally appeared Thomas Enger & Timothy Cahill who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized DENISE MCCOWN capacity(ies), and that by his/her /their signature(s) on the Commission s 2066109 = instrument the person(s), or the entity upon behalf of Notary PuDDC - California z _ Sao Putil co County ' which the person(s) acted, executed the instrument. My Comm. Expires May 25.2018 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS rrand and official seal. Signature ..e Q_ Place Notary Seal Above ---------------------------------- - - - - -- OPTIONAL---------------------------------- - - - - -- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Signer's Name: 0 Individual 0 Corporate Officer — Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: Signer's Name: 0 Individual 0 Corporate Office — Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: Exhibit A Legal Description of the Oak Brook Regency Property All that certain real property located in the City of Oak Brook, County of Du Page, State of Illinois, described as follows: Parcel 1 Lot 1 of Kallens Towers Subdivision, being a Subdivision of part of Lot 6 in Oak Brook Investment Company Assessment Plat No. 4, of part of the Northwest quarter of Section 26, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said Kallen's Towers Subdivision recorded July 11, 1973 as document R73- 42261, and amended by document R77- 11482, in Du Page County, Illinois. Parcel 2: Easements appurtenant for ingress and egress as contained in Reciprocal Easement Grant -1972 recorded August 30, 1972 as document R72- 52352, as amended by Supplementary Easement Agreement recorded August 6, 2000 as document R2000- 121579. Commonly known as: 1415 and 1515 West 22n0 Street, Oak Brook, Illinois, 60523 PIN: 06-26-100-009 EXHIBIT A SFt$98104v8 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 '/4 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 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 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 "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 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 said 22 "d 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) 401.48 feet to the POINT OF BEGINNING; thence continuing South 89 degrees 37 minutes 38 seconds West along said South right of way line of 22nd 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 588.08 feet (587.90 feet measured) to a point on the Southerly line of 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 said 22 "d Street a distance of 597.88 feet (597.79 feet as measured) to the point of beginning, in DuPage County, Illinois. PARCEL 2: 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 (pedestrian or vehicular) to and from a public street over, upon, and along the following described 3 tracts of land: A) That pan 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 way line of 22" Street (before widening); thence South 89 degrees 37 minutes 33 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 25.00 feet to a point on the South right of way line of 22 "d 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 id 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 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 said 22nd 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) 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 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 arc of a circle, having a radius of 55.50 feet, being convex to the South, the chord thereof having a bearing of South 89 degrees 37 minutes 38 seconds West and a length of 1 10.99 feet, an arc 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 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 minutes 22 seconds East of the Northwest corner of said tract of land conveyed by Document R68 - 58998; thence South 89 degrees 37 minutes 38 seconds West a distance 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 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. I recorded December 27, 1960 as Document 991695; thence North 89 degrees 37 minutes 38 seconds East along the North line of said Lot 6 and the South right of way line of 22n0 Street a distance of 88.68 feet to the Northwest corner of said tract of land conveyed by Document R68 - 58998; thence continuing North 89 degrees 37 minutes 38 seconds East along said South right of way line of 22 "d 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 comer 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. B) That part of Lot 6 in Oak Brook Investment Company Assessment Plat No. 4, of part of the Northwest '/4 of Section 26, Township 39 North, Range 11, Fast 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 '/4 of Section 26; thence Souther 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 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 "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 South 89 degrees 37 minutes 38 seconds West along said South right of way line of 22 "6 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 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. 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 %4 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 said Northwest' /4 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 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 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"d Street (as widened) a distance of 489.06 feet; thence South 0 degrees 22 minutes 22 seconds East 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 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 22 "d 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 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 County, Illinois. Permanent Real Estate Index Number: 06 -26 -100 -005 Address of real estate: 1401 West 22 "d Street, Oak Brook, Illinois EXHIBIT C DESCRIPTION OF SUBJECT PROJECT Project GI This project includes improvements to sidewalks, pedestrian crossings, and Lighting in the vicinity of 22°d Street, the Marriott Oak Brook property, and the Regency Towers property. Specific project features include: sidewalks, decorative concrete crosswalks, bollard lighting, and enhanced pedestrian crossing signals.