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R-42A-08 06/23/2008RESOLUTION -08 2- RESOLUTION APPROVING AN EASEMENT AGREEMENT BETWEEN VILLAGE OF LEMONT, MP LEMONT, LLC, AND FRONT STREET LOFTS CONDOMINIUM ASSOCIATION FOR ACCESS ON AND OVER VILLAGE PROPERTY WHEREAS, the Village of Lemont seeks to enter into an Easement Agreement with MP Lemont, LLC, and Front Street Lofts Condominium Association to provide access to residential units on and over Village property located at the Front Street Lofts Development, Phase I. WHEREAS, the terms and conditions of the Easement Agreement are set forth in the document attached hereto as Exhibit A NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont that the Easement Agreement attached hereto as Exhibit A is hereby approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS, on this 23rd day of June , 2008. AYES NAYS PASSED ABSENT Debby Blatzer Peter Coules Clifford Miklos Brian Reaves Ronald Stapleton Jeanette Virgilio JOH IAZZA, Vill - ge Pr Attest: CHARLENE SMOLLEN, Village Clerk This instrument was prepared by and after recording should be returned to: Brian Meltzer MELTZER, PURTILL & STELLE LLC 1515 East Woodfield Road Second Floor Schaumburg, IL 60173 -5431 PINs: 22 -20- 330 -010, 22 -20- 300 -014, 22 -20- 406 -005 05/19/08 EASEMENT AGREEMENT Re: Front Street Lofts This EASEMENT AGREEMENT ( "Agreement ") is made between the Village of Lemont, an Illinois municipal corporation ( "Village "), MP Lemont, LLC, an Illinois limited liability company ( "Developer "), and Front Street Lofts Condominium Association, an Illinois not for profit corporation ( "Association "). RECITALS Village is the owner of a public parking facility ( "Parking Facility ") located on the real estate which is legally described and depicted in Exhibit A attached hereto ( "Village Property"). Developer is the owner of the real estate which is legally described in Exhibit B hereto ( "Front Street Lofts Property"). The Village and Developer entered into that certain Redevelopment Agreement between the Village and the Developer, dated as of May 15, 2006 for the redevelopment of the Village Property and the Front Street Lofts Property ( "Redevelopment Agreement "). The Redevelopment Agreement provides for, among other things, the construction of 4 buildings containing a total of 82 residential units and retail space (each a `Building "), and a public parking garage ( "Parking Facility"). Developer intends to record the Declaration of Condominium Ownership for the Front Street Lofts Condominium ( "Declaration ") with respect to all or a portion of the Front Street Lofts Property. The Association will administer the real estate which is made subject to the Declaration. In accordance with the Redevelopment Agreement, (i) the Parking Facility includes trash rooms for use by the owners of the residential condominium units created pursuant to the Declaration (each a "Unit "), (ii) certain balconies which will serve the Units will exist on Village Property; and (iii) portions of the elevated sidewalks which will provide access from the Units to the Parking Facility will exist on Village Property. 130625: 010: 00342495.DOC : } The Village is willing to grant such easements, subject to the terms and conditions of this Agreement, in order to facilitate the redevelopment objectives of the Redevelopment Agreement. ACCORDINGLY, in consideration of the covenants and requirements contained in the Redevelopment Agreement, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: 1. The Village hereby grants to the Association and each owner of a Unit a non- exclusive, perpetual easement over and across the Parking Facility for ingress to and egress from the trash rooms located in the Parking Facility for the purpose of depositing trash for pick up by the scavenger service engaged by the Association for such purpose. 2. The Village hereby grants to Association and its contractors, a non- exclusive, perpetual easement over and across the Parking Facility for ingress to and egress from the trash rooms located in the Parking Facility for the purpose of hauling garbage from the trash rooms from time to time located in the Parking Facility. 3. The Village hereby grants to the Association and each owner of a Unit which is served by a balcony that exists on or extends into Village Property, an exclusive perpetual easement for the existence of the balcony which serves the owner's Unit, to the extent that the balcony exists on or extends into Village Property. 4. The Village hereby grants to the Association, a non - exclusive perpetual easement for the existence of any elevated walkway adjoining a Building which provides access from the Building to the Parking Facility, to the extent that the elevated walkway exists on or extends into Village Property. 5. This Agreement shall be recorded in the public records of Cook County, Illinois to evidence the agreements made hereunder; which agreements shall be perpetual and shall run with and bind the Front Street Lofts Property and the Village Property, subject to the terms hereof. 6. In the event of any inconsistency between the Redevelopment Agreement and this Agreement, the provisions of the Redevelopment Agreement shall prevail. 7. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Illinois. {30625: 010: 00342495.DOC : ) 2 This instrument was prepared by and after recording should be returned to: Brian Meltzer MELTZER, PURTILL & STELLE LLC 1515 East Woodfield Road Second Floor Schaumburg, IL 60173 -5431 PINs: 22 -20- 330 - 010,22 -20 -300 -014, 22 -20- 406 -005, 22 -20- 300 -024 -8001, 22 -20- 401 -012 10/01/08 EASEMENT AGREEMENT Re: Front Street Lofts This EASEMENT AGREEMENT ( "Agreement ") is made between the Village of Lemont, an Illinois municipal corporation ( "Village "), MP Lemont, LLC, an Illinois limited liability company ( "Developer "), and Front Street Lofts Condominium Association, an Illinois not for profit corporation ( "Association "). RECITALS Village is the owner of a public parking facility ( "Parking Facility") located on the real estate which is legally described and depicted in Exhibit A attached hereto ( "Village Property"). Developer is the owner of the real estate which is legally described in Exhibit B hereto ( "Front Street Lofts Property"). The Village and Developer entered into that certain Redevelopment Agreement between the Village and the Developer, dated as of May 15, 2006 for the redevelopment of the Village Property and the Front Street Lofts Property ( "Redevelopment Agreement "). The Redevelopment Agreement provides for, among other things, the construction of 4 buildings containing a total of 82 residential units and retail space (each a "Building "), and a public parking garage ( "Parking Facility"). Developer intends to record the Declaration of Condominium Ownership for the Front Street Lofts Condominium ( "Declaration ") with respect to all or a portion of the Front Street Lofts Property. The Association will administer the real estate which is made subject to the Declaration. In accordance with the Redevelopment Agreement, (i) the Parking Facility includes trash rooms for use by the owners of the residential condominium units created pursuant to the Declaration (each a "Unit "), (ii) certain balconies which will serve the Units will exist on Village Property; and (iii) portions of the elevated sidewalks which will provide access from the Units to the Parking Facility will exist on Village Property. (30625: 010:00342495.DOC :3 1 The Village is willing to grant such easements, subject to the terms and conditions of this Agreement, in order to facilitate the redevelopment objectives of the Redevelopment Agreement. ACCORDINGLY, in consideration of the covenants and requirements contained in the Redevelopment Agreement, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: 1. The Village hereby grants to the Association and each owner of a Unit a non- exclusive, perpetual easement over and across the Parking Facility for ingress to and egress from the trash rooms located in the Parking Facility for the purpose of depositing trash for pick up by the scavenger service engaged by the Association for such purpose. 2. The Village hereby grants to Association and its contractors, a non- exclusive, perpetual easement over and across the Parking Facility for ingress to and egress from the trash rooms located in the Parking Facility for the purpose of hauling garbage from the trash rooms from time to time located in the Parking Facility. 3. The Village hereby grants to the Association and each owner of a Unit which is served by a balcony that exists on or extends into Village Property, an exclusive perpetual easement for the existence (which easement shall include all maintenance, repairs and replacement required to be furnished by the Association) of the balcony which serves the owner's Unit, to the extent that the balcony exists on or extends into Village Property. 4. The Village hereby grants to the Association, a non - exclusive perpetual easement for the existence (which easement shall include all maintenance, repairs and replacement required to be furnished by the Association) of any elevated walkway adjoining a Building which provides access from the Building to the Parking Facility, to the extent that the elevated walkway exists on or extends into Village Property. 5. This Agreement shall be recorded in the public records of Cook County, Illinois to evidence the agreements made hereunder; which agreements shall be perpetual and shall run with and bind the Front Street Lofts Property and the Village Property, subject to the terms hereof. 6. In the event of any inconsistency between the Redevelopment Agreement and this Agreement, the provisions of the Redevelopment Agreement shall prevail. 7. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Illinois. {30625: 010: 00342495.DOC :3 } 2 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of 2008. VILLAGE OF LEMONT, an I1 is munici sal orporation • By Its: Vil = lie Manager ATTEST Its: Village Clerk Address: Village of Lemont 418 Main Street Lemont, Illinois 60439 Attn: Village Manager FRONT STREET LOFTS CONDOMINIUM ASSOCIATION, an Illinois not for profit corporation By: Its: Address: Front Street Lofts Condominium Association c/o Lieberman Management Services 355 W. Dundee Road, Suite 110 Buffalo Grove, Illinois 60089 Attn: Tricia Shapton (30625: 010: 00342495.DOC :3 ) 3 MP LEMONT, LLC, an Illinois limited liability company By: Its Address: c/o Marquette Companies 15 West Jefferson Avenue, Suite 202 Naperville, IL 60540 Attn: Jeff Prosapio STATE OF ILLINOIS STATE OF ) ) ) I, the undersigned, a notary public in and for the county in the state aforesaid, do hereby certify that , Village Manager, and , Village Clerk, personally known to me to be the same persons whose names subscribed to the foregoing instrument, appeared before me this day in person and acknowledged, signed and delivered the said instrument as such President and Village Clerk, respectively, as their free and voluntary act and as the free and voluntary act of the Village of Lemont, for the purposes therein set forth. Given under my hand and official seal this day of , 2008. STATE OF ILLINOIS COUNTY OF ) ) ) Notary Public I, the undersigned, a notary public in and for the county in the state aforesaid, do hereby certify that , personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged, signed and delivered the said instrument as the authorized signatory for MP, Lemont, LLC, an Illinois limited liability company ( "Company "), as his free and voluntary act and as the free and voluntary act of the Company, for the purposes therein set forth. Given under my hand and official seal this day of , 2008. STATE OF ILLINOIS STATE OF ) ) ) Notary Public I, the undersigned, a notary public in and for the county in the state aforesaid, do hereby certify that , the of Front Street Lofts Condominium Association, an Illinois not for profit corporation ( "Association "), personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged, signed and delivered the foregoing instrument, as his free and voluntary act and as the free and voluntary act of the Association, for the purposes therein set forth. Given under my hand and official seal this day of , 2008. Notary Public {30625: 010: 00342495.DOC :3) 4 CONSENT OF MORTGAGEE PNC Bank, National Association, in its capacity as Trustee of the AFL -CIO Building Investment Trust, which is the holder of a mortgage dated August 22, 2006, and recorded in the Office of the Recorder of Deeds of Cook County, Illinois, on August 29, 2006, as Document No. 0624133045, encumbering the Village Property, hereby consents to the recording of the within Agreement and agrees that its lien shall be subject to the provisions of the Agreement. IN WITNESS WHEREOF, the undersigned has caused this Consent to be executed on , 2008. PNC Bank, National Association, in its capacity as Trustee of the AFL -CIO Building Investment Trust By: Its: ATTEST: (SEAL) STATE OF ILLINOIS ) ) SS COUNTY OF ) I, , a Notary Public in and for said County and State, do hereby certify that and , respectively the and of PNC Bank, National Association, in its capacity as Trustee of the AFL -CIO Building Investment Trust (the "Mortgagee "), appeared before me this day in person and acknowledged that they signed, sealed and delivered the within instrument as their free and voluntary act, and as the free and voluntary act of the Mortgagee, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of 2008. Notary Public (30625: 010: 00342495.DOC :3 } 5 EXHIBIT A Village Property That part of the East 1/2 of the Southwest'/ and the West 1/2 of the Southeast' Vs of Section 20, Township 37 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois, bounded and described as follows: Beginning at the intersection of the south line of Lot 9 in County Clerk's Division of unsubdivided lands in said Section 20 with the east line of the west 400.5 feet of Lot 9 lying east of the east line of State Street produced northerly across said Lot 9, in said County Clerks Division (as measured along the south line of Lot 9); thence on an assumed bearing of North 00 degrees 34 minutes 56 seconds East along the east line of the west 400.5 feet of Lot 9 in said County Clerk's Division, 140.00 feet; thence North 63 degrees 01 minutes 14 seconds East, 17.83 feet; thence South 01 degree 16 minutes 48 seconds West, 116.76 feet; thence South 88 degrees 43 minutes 12 seconds East, 38.42 feet; thence South 01 degree 16 minutes 48 seconds West, 12.92 feet; thence South 88 degrees 43 minutes 12 seconds East, 19.24 feet; thence South 01 degree 16 minutes 48 seconds West, 18.75 feet to the south line of said Lot 9; thence North 88 degrees 43 minutes 12 seconds West along the south line of said Lot 9 for a distance of 71.66 feet to the point of beginning. Also Commencing at the intersection of the south line of Lot 9 in County Clerk's Division of unsubdivided lands in said Section 20 with the east line of the west 400.5 feet of Lot 9 in said County Clerks Division (as measured along the south line of Lot 9); thence on an assumed bearing of North 00 degrees 34 minutes 56 seconds East along the east line of the west 400.5 feet of Lot 9 in said County Clerk's Division, 140.00 feet; thence North 63 degrees 01 minutes 14 seconds East, 71.19 feet to the point of beginning; thence continuing North 63 degrees 01 minutes 14 seconds East, 2.32 feet; thence North 79 degrees 05 minutes 50 seconds East along the south line of River Street as dedicated by Document No. 22695261 for a distance of 76.77 feet; thence South 01 degrees 16 minutes 48 seconds West, 22.41 feet; thence South 88 degrees 43 minutes 12 seconds East, 77.75 feet; thence South 01 degrees 16 minutes 48 seconds West, 7.00 feet thence South 88 degrees 43 minutes 12 seconds East, 17.33 feet; thence North 01 degrees 16 minutes 48 seconds East, 7.00 feet; thence South 88 degrees 43 minutes 12 seconds East, 52.00 feet; thence North 01 degrees 16 minutes 48 seconds East, 41.41 feet to the south line of said River Street; thence South 88 degrees 43 minutes 36 seconds East along the south line of said River Street, 9.17 feet; thence South 01 degrees 16 minutes 48 seconds West, 68.24 feet; thence North 88 degrees 43 minutes 12 seconds West, 10.67 feet; thence South 01 degrees 16 minutes 48 seconds West, 17.33 feet; thence South 88 degrees 43 minutes 12 seconds East, 10.67 feet; thence South 01 degrees 16 minutes 48 seconds West, 76.00 feet; thence South 88 degrees 43 minutes 12 seconds East, 42.00 feet; thence North 01 degrees 16 minutes 48 seconds East, 161.58 feet to the south line of River Street; thence South 88 degrees 43 minutes 36 seconds East along the south line of said River Street, 14.13 feet to the west line of the east 180 feet of Block 5 in Singer and Talcott Stone Company's Subdivision; thence South 01 degrees 18 minutes 56 seconds West along the aforesaid line, 210.00 feet to the south line of Lot 10 in County Clerks Division; thence North 88 degrees 43 minutes 12 seconds West along said south line of Lot 10, 14.00 feet; thence North 01 degrees 16 minutes 48 seconds East, 41.33 feet; thence North 88 degrees 43 minutes 12 seconds West, 131.42 feet; thence North 01 degrees 16 minutes 48 seconds East, 7.00 feet; thence North 88 degrees 43 minutes 12 seconds West, 18.83 feet; thence South 01 degrees 16 minutes 48 seconds West, 7.00 feet; thence North 88 degrees 43 minutes 12 seconds West, 130.08 feet; thence North 01 degrees 16 minutes 48 seconds East, 50.42 feet; thence South 88 degrees 43 minutes 12 seconds East, 10.67 feet; thence North 01 degrees 16 minutes 48 seconds East, 17.33 feet; thence North 88 degrees 43 minutes 12 seconds West, 10.67 feet; thence North 01 degrees 16 minutes 48 seconds East, 30.00 feet; thence South 88 degrees 43 minutes 12 seconds East, 5.00 feet; thence North 01 degrees 16 minutes 48 seconds East, 34.61 feet to the point of beginning, all in the Village of Lemont, Cook County, Illinois. Also That part of the East Half of the Southwest Quarter of Section 20, Township 37 North, Range 11 East of the Third Principal Meridian, Cook County, Illinois, described as follows: 130625: 010: 00342495.DOC :3 } 6 Beginning at the Northwest corner of Lot 10 in County Clerk's Division of Unsubdivided Lands in said Section 20; thence North 00 °19'16" East 50.00 feet along the West line of said Lot 10 extended North; thence South 88 °43'36" East 171.83 feet to a line located 180.00 feet West of and parallel with the West line of Stephen Street; thence South 01 °18'56" West 50.00 feet along said parallel line to the North line of Lot 10; thence North 88 °43'36" West 170.96 feet along said North line to the Point of Beginning. Also That part of the East 'A of the Southwest' 'A and the West ''A of the Southeast' 'A of Section 20, Township 37 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois, bounded and described as follows: Commencing at the intersection of the south line of Lot 9 in County Clerk's Division of unsubdivided lands in said Section 20 with the east line of the west 400.5 feet of Lot 9 lying east of the east line of State Street produced northerly across said Lot 9, in said County Clerk's Division (as measured along the south line of Lot 9); thence on an assumed bearing of North 00 degrees 34 minutes 56 seconds East along the east line of the west 400.5 feet of Lot 9 in said County Clerk's Division, 140.00 feet; thence North 63 degrees 01 minutes 14 seconds East, 17.83 feet; thence South 01 degree 16 minutes 48 seconds West, 116.76 feet; thence South 88 degrees 43 minutes 12 seconds East, 38.42 feet to the Point of Beginning; thence South 01 degree 16 minutes 48 seconds West, 12.92 feet; thence South 88 degrees 43 minutes 12 seconds East, 20.22 feet; thence North 01 degree 16 minutes 48 seconds East, 22.58 feet; thence North 88 degrees 43 minutes 12 seconds West, 16.64 feet; thence South 01 degrees 16 minutes 48 seconds East, 9.66 feet; thence North 88 degrees 43 minutes 12 seconds West, 3.58 feet to the Point of Beginning all lying below an elevation of 607.25 feet (N.A.V.D. 88). Also That portion of the Reserve Strip for the Illinois and Michigan Canal located directly south of the Front Street Lofts Property. Also That part of River Street dedicated to the Village of Lemont by Document No. 22695261 lying south of the Railroad Right of Way. {30625: 010: 00342495.DOC :3) 7 EXHIBIT B Front Street Lofts Property That part of Lot 9 (except the West 400.50 feet as measured on the South line thereof) in County Clerk's Division of Unsubdivided Lands in Section 20, Township 37 North, Range 11 East of the Third Principal Meridian, lying South of the right -of -way of the Atchison Topeka and Santa Fe Railroad Company and East of the East line of State Street produced Northerly across said Lot 9, in Cook County, Illinois; Also, all of Block 5 in Singer and Talcott Stone Company's Subdivision of part of the West Half of the Southeast Quarter of Section 20, Township 37 North, Range 11 East of the Third Principal Meridian, lying North of Illinois Michigan Canal, and also Lot 10 in County Clerk's Division of Unsubdivided Lands in said Section 20, taken as a tract, except the Easterly 180 feet thereof, all in Cook County, Illinois. Also that part of the East Half of the Southwest Quarter of Section 20, Township 37 North, Range 11 East of the Third Principal Meridian, Cook County, Illinois, described as follows: Beginning at the Northwest comer of Lot 10 in County Clerks Division of Unsubdivided Lands in said Section 20; thence North 00°19'16" East 50.00 feet along the West line of said Lot 10 extended North; thence South 88 °43'36" East 171.83 feet to a line located 180.00 feet West of and parallel with the West line of Stephen Street; thence South 01°18'56" West 50.00 feet along said parallel line to the North line of Lot 10; thence North 88 °43'36" West 170.96 feet along said North line to the Point of Beginning. Being also described as: Commencing at the Southeast corner of said Block 5 being the intersection of the West line of Stephen Street with the North line of the Reserve Strip for the Illinois and Michigan Canal; thence North 88 °43'12" West 180.00 feet along the South line of said Block 5 to the Point of Beginning; thence continuing North 88 °43'12" West 350.32 feet along the South line of said Block 5 and also along the North line of the Reserve Strip for the Illinois and Michigan Canal; thence North 00 °34'56" East 140.00 feet; thence North 63 °01'14" East 73.51 feet; thence North 79 °05'50" East 119.31 feet; thence North 00°19'16" East 60.00 feet; thence South 88 °43'36" East 171.83 feet; thence South 01 °18'56" West 260.00 feet to the Point of Beginning. EXCEPTING THEREFROM: That part of the East %z of the Southwest' 'A and the West %z of the Southeast'/ of Section 20, Township 37 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois, bounded and described as follows: Beginning at the intersection of the south line of Lot 9 in County Clerk's Division of unsubdivided lands in said Section 20 with the east line of the west 400.5 feet of Lot 9 lying east of the east line of State Street produced northerly across said Lot 9, in said County Clerks Division (as measured along the south line of Lot 9); thence on an assumed bearing of North 00 degrees 34 minutes 56 seconds East along the east line of the west 400.5 feet of Lot 9 in said County Clerk's Division, 140.00 feet; thence North 63 degrees 01 minutes 14 seconds East, 17.83 feet; thence South 01 degree 16 minutes 48 seconds West, 116.76 feet; thence South 88 degrees 43 minutes 12 seconds East, 38.42 feet; thence South 01 degree 16 minutes 48 seconds West, 12.92 feet; thence South 88 degrees 43 minutes 12 seconds East, 19.24 feet; thence South 01 degree 16 minutes 48 seconds West, 18.75 feet to the south line of said Lot 9; thence North 88 degrees 43 minutes 12 seconds West along the south line of said Lot 9 for a distance of 71.66 feet to the point of beginning. Also Commencing at the intersection of the south line of Lot 9 in County Clerk's Division of unsubdivided lands in said Section 20 with the east line of the west 400.5 feet of Lot 9 in said County Clerk's Division (as measured along the south line of Lot 9); thence on an assumed bearing of North 00 degrees 34 minutes 56 seconds East along the east {30625: 010: 00342495.DOC :3) 8 line of the west 400.5 feet of Lot 9 in said County Clerks Division, 140.00 feet; thence North 63 degrees 01 minutes 14 seconds East, 71.19 feet to the point of beginning; thence continuing North 63 degrees 01 minutes 14 seconds East, 2.32 feet; thence North 79 degrees 05 minutes 50 seconds East along the south line of River Street as dedicated by Document No. 22695261 for a distance of 76.77 feet; thence South 01 degrees 16 minutes 48 seconds West, 22.41 feet; thence South 88 degrees 43 minutes 12 seconds East, 77.75 feet; thence South 01 degrees 16 minutes 48 seconds West, 7.00 feet; thence South 88 degrees 43 minutes 12 seconds East, 17.33 feet; thence North 01 degrees 16 minutes 48 seconds East, 7.00 feet; thence South 88 degrees 43 minutes 12 seconds East, 52.00 feet; thence North 01 degrees 16 minutes 48 seconds East, 41.41 feet to the south line of said River Street; thence South 88 degrees 43 minutes 36 seconds East along the south line of said River Street, 9.17 feet; thence South 01 degrees 16 minutes 48 seconds West, 68.24 feet; thence North 88 degrees 43 minutes 12 seconds West, 10.67 feet; thence South 01 degrees 16 minutes 48 seconds West, 17.33 feet; thence South 88 degrees 43 minutes 12 seconds East, 10.67 feet; thence South 01 degrees 16 minutes 48 seconds West, 76.00 feet; thence South 88 degrees 43 minutes 12 seconds East, 42.00 feet; thence North 01 degrees 16 minutes 48 seconds East, 161.58 feet to the south line of River Street; thence South 88 degrees 43 minutes 36 seconds East along the south line of said River Street, 14.13 feet to the west line of the east 180 feet of Block 5 in Singer and Talcott Stone Company's Subdivision; thence South 01 degrees 18 minutes 56 seconds West along the aforesaid line, 210.00 feet to the south line of Lot 10 in County Clerk's Division; thence North 88 degrees 43 minutes 12 seconds West along said south line of Lot 10, 14.00 feet; thence North 01 degrees 16 minutes 48 seconds East, 41.33 feet; thence North 88 degrees 43 minutes 12 seconds West, 131.42 feet; thence North 01 degrees 16 minutes 48 seconds East, 7.00 feet; thence North 88 degrees 43 minutes 12 seconds West, 18.83 feet; thence South 01 degrees 16 minutes 48 seconds West, 7.00 feet; thence North 88 degrees 43 minutes 12 seconds West, 130.08 feet; thence North 01 degrees 16 minutes 48 seconds East, 50.42 feet; thence South 88 degrees 43 minutes 12 seconds East, 10.67 feet; thence North 01 degrees 16 minutes 48 seconds East, 17.33 feet; thence North 88 degrees 43 minutes 12 seconds West, 10.67 feet; thence North 01 degrees 16 minutes 48 seconds East, 30.00 feet; thence South 88 degrees 43 minutes 12 seconds East, 5.00 feet; thence North 01 degrees 16 minutes 48 seconds East, 34.61 feet to the point of beginning, all in the Village of Lemont, Cook County, Illinois. Also That part of the East Half of the Southwest Quarter of Section 20, Township 37 North, Range 11 East of the Third Principal Meridian, Cook County, Illinois, described as follows: Beginning at the Northwest corner of Lot 10 in County Clerk's Division of Unsubdivided Lands in said Section 20; thence North 00 °19'16" East 50.00 feet along the West line of said Lot 10 extended North; thence South 88 °43'36" East 171.83 feet to a line located 180.00 feet West of and parallel with the West line of Stephen Street; thence South 01 °18'56" West 50.00 feet along said parallel line to the North line of Lot 10; thence North 88 °43'36" West 170.96 feet along said North line to the Point of Beginning. Also That part of the East 1/2 of the Southwest'/, and the West 1/2 of the Southeast 1/4 of Section 20, Township 37 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois, bounded and described as follows: Commencing at the intersection of the south line of Lot 9 in County Clerks Division of unsubdivided lands in said Section 20 with the east line of the west 400.5 feet of Lot 9 lying east of the east line of State Street produced northerly across said Lot 9, in said County Clerk's Division (as measured along the south line of Lot 9); thence on an assumed bearing of North 00 degrees 34 minutes 56 seconds East along the east line of the west 400.5 feet of Lot 9 in said County Clerk's Division, 140.00 feet; thence North 63 degrees 01 minutes 14 seconds East, 17.83 feet; thence South 01 degree 16 minutes 48 seconds West, 116.76 feet; thence South 88 degrees 43 minutes 12 seconds East, 38.42 feet to the Point of Beginning; thence South 01 degree 16 minutes 48 seconds West, 12.92 feet; thence South 88 degrees 43 minutes 12 seconds East, 20.22 feet; thence North 01 degree 16 minutes 48 seconds East, 22.58 feet; thence North 88 degrees 43 minutes 12 seconds West, 16.64 feet; thence South 01 degrees 16 minutes 48 seconds East, 9.66 feet; thence North 88 degrees 43 minutes 12 seconds West, 3.58 feet to the Point of Beginning all lying below an elevation of 607.25 feet (N.A.V.D. 88). {30625: 010: 00342495.DOC :3 ) 9 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of )Jt1L., , 2008. VILLAGE OF LEMONT, an Illinois municipal co a oration By: Its: Villa ' Manager ATTEST: (��9/ ka Ch? . Its: Village Clerk Address: Village of Lemont 418 Main Street Lemont, Illinois 60439 Attn: Village Manager FRONT STREET LOFTS CONDOMINIUM ASSOCIATION, an Illinois not for profit corporation By: Its: Address: Front Street Lofts Condominium Association c/o Lieberman Management Services 355 W. Dundee Road, Suite 110 Buffalo Grove, Illinois 60089 Attn: Tricia Shapton {30625: 010: 00342495.DOC : } 3 MP LEMONT, LLC, an Illinois limited liability company By: Its Address: c/o Marquette Companies 15 West Jefferson Avenue, Suite 202 Naperville, IL 60540 Attn: Jeff Prosapio STATE OF ILLINOIS STATE OF ) ) ) I, the undersigned, a notary public in and for the county in the state aforesaid, do hereby certify that , Village Manager, and , Village Clerk, personally known to me to be the same persons whose names subscribed to the foregoing instrument, appeared before me this day in person and acknowledged, signed and delivered the said instrument as such President and Village Clerk, respectively, as their free and voluntary act and as the free and voluntary act of the Village of Lemont, for the purposes therein set forth. Given under my hand and official seal this day of , 2008. STATE OF ILLINOIS COUNTY OF ) ) ) Notary Public I, the undersigned, a notary public in and for the county in the state aforesaid, do hereby certify that , personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged, signed and delivered the said instrument as the authorized signatory for MP, Lemont, LLC, an Illinois limited liability company ( "Company "), as his free and voluntary act and as the free and voluntary act of the Company, for the purposes therein set forth. Given under my hand and official seal this day of , 2008. STATE OF ILLINOIS STATE OF ) ) ) Notary Public I, the undersigned, a notary public in and for the county in the state aforesaid, do hereby certify that , the of Front Street Lofts Condominium Association, an Illinois not for profit corporation ( "Association "), personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged, signed and delivered the foregoing instrument, as his free and voluntary act and as the free and voluntary act of the Association, for the purposes therein set forth. Given under my hand and official seal this day of , 2008. Notary Public {30625: 010: 00342495.DOC : } 4 CONSENT OF MORTGAGEE PNC Bank, National Association, in its capacity as Trustee of the AFL -CIO Building Investment Trust, which is the holder of a mortgage dated August 22, 2006, and recorded in the Office of the Recorder of Deeds of Cook County, Illinois, on August 29, 2006, as Document No. 0624133045, encumbering the Front Street Lofts Property, hereby consents to the recording of the within Declaration and agrees that its lien shall be subject to the provisions of the Declaration. IN WITNESS WHEREOF, the undersigned has caused this Consent to be executed on , 2008. A'IThST: PNC Bank, National Association, in its capacity as Trustee of the AFL -CIO Building Investment Trust By: Its: (SEAL) STATE OF ILLINOIS ) ) SS COUNTY OF ) I, , a Notary Public in and for said County and State, do hereby certify that and , respectively the and of PNC Bank, National Association, in its capacity as Trustee of the AFL -CIO Building Investment Trust (the "Mortgagee "), appeared before me this day in person and acknowledged that they signed, sealed and delivered the within instrument as their free and voluntary act, and as the free and voluntary act of the Mortgagee, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of 2008. Notary Public {30625: 010: 00342495.DOC : } 5 EXHIBIT B Front Street Lofts Property That part of Lot 9 (except the West 400.50 feet as measured on the South line thereof) in County Clerk's Division of Unsubdivided Lands in Section 20, Township 37 North, Range 11 East of the Third Principal Meridian, lying South of the right -of -way of the Atchison Topeka and Santa Fe Railroad Company and East of the East line of State Street produced Northerly across said Lot 9, in Cook County, Illinois; Also, all of Block 5 in Singer and Talcott Stone Company's Subdivision of part of the West Half of the Southeast Quarter of Section 20, Township 37 North, Range 11 East of the Third Principal Meridian, lying North of Illinois Michigan Canal, and also Lot 10 in County Clerk's Division of Unsubdivided Lands in said Section 20, taken as a tract, except the Easterly 180 feet thereof, all in Cook County, Illinois. Also that part of the East Half of the Southwest Quarter of Section 20, Township 37 North, Range 11 East of the Third Principal Meridian, Cook County, Illinois, described as follows: Beginning at the Northwest corner of Lot 10 in County Clerk's Division of Unsubdivided Lands in said Section 20; thence North 00°19'16" East 50.00 feet along the West line of said Lot 10 extended North; thence South 88 °43'36" East 171.83 feet to a line located 180.00 feet West of and parallel with the West line of Stephen Street; thence South 01 °18'56" West 50.00 feet along said parallel line to the North line of Lot 10; thence North 88 °43'36" West 170.96 feet along said North line to the Point of Beginning. Being also described as: Commencing at the Southeast corner of said Block 5 being the intersection of the West line of Stephen Street with the North line of the Reserve Strip for the Illinois and Michigan Canal; thence North 88 °43'12" West 180.00 feet along the South line of said Block 5 to the Point of Beginning; thence continuing North 88 °43'12" West 350.32 feet along the South line of said Block 5 and also along the North line of the Reserve Strip for the Illinois and Michigan Canal; thence North 00 °34'56" East 140.00 feet; thence North 63 °01'14" East 73.51 feet; thence North 79 °05'50" East 119.31 feet; thence North 00 °19'16" East 60.00 feet; thence South 88 °43'36" East 171.83 feet; thence South 01 °18'56" West 260.00 feet to the Point of Beginning. EXCEPTING THEREFROM: That part of the East % of the Southwest IA and the West 1/2 of the Southeast 'A of Section 20, Township 37 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois, bounded and described as follows: Beginning at the intersection of the south line of Lot 9 in County Clerk's Division of unsubdivided lands in said Section 20 with the east line of the west 400.5 feet of Lot 9 lying east of the east line of State Street produced northerly across said Lot 9, in said County Clerk's Division (as measured along the south line of Lot 9); thence on an assumed bearing of North 00 degrees 34 minutes 56 seconds East along the east line of the west 400.5 feet of Lot 9 in said County Clerk's Division, 140.00 feet; thence North 63 degrees 01 minutes 14 seconds East, 17.83 feet; thence South 01 degree 16 minutes 48 seconds West, 116.76 feet; thence South 88 degrees 43 minutes 12 seconds East, 38.42 feet; thence South 01 degree 16 minutes 48 seconds West, 12.92 feet; thence South 88 degrees 43 minutes 12 seconds East, 19.24 feet; thence South 01 degree 16 minutes 48 seconds West, 18.75 feet to the south line of said Lot 9; thence 130625: 010: 00342495.DOC : ) 7 EXHIBIT A Village Property Commencing at the intersection of the south line of Lot 9 in County Clerk's Division of unsubdivided lands in said Section 20 with the east line of the west 400.5 feet of Lot 9 in said County Clerk's Division (as measured along the south line of Lot 9); thence on an assumed bearing of North 00 degrees 34 minutes 56 seconds East along the east line of the west 400.5 feet of Lot 9 in said County Clerk's Division, 140.00 feet; thence North 63 degrees 01 minutes 14 seconds East, 71.19 feet to the point of beginning; thence continuing North 63 degrees 01 minutes 14 seconds East, 2.32 feet; thence North 79 degrees 05 minutes 50 seconds East along the south line of River Street as dedicated by Document No. 22695261 for a distance of 76.77 feet; thence South 01 degrees 16 minutes 48 seconds West, 22.41 feet; thence South 88 degrees 43 minutes 12 seconds East, 77.75 feet; thence South 01 degrees 16 minutes 48 seconds West, 7.00 feet; thence South 88 degrees 43 minutes 12 seconds East, 17.33 feet; thence North 01 degrees 16 minutes 48 seconds East, 7.00 feet; thence South 88 degrees 43 minutes 12 seconds East, 52.00 feet; thence North 01 degrees 16 minutes 48 seconds East, 41.41 feet to the south line of said River Street; thence South 88 degrees 43 minutes 36 seconds East along the south line of said River Street, 9.17 feet; thence South 01 degrees 16 minutes 48 seconds West, 68.24 feet; thence North 88 degrees 43 minutes 12 seconds West, 10.67 feet; thence South 01 degrees 16 minutes 48 seconds West, 17.33 feet; thence South 88 degrees 43 minutes 12 seconds East, 10.67 feet; thence South 01 degrees 16 minutes 48 seconds West, 76.00 feet; thence South 88 degrees 43 minutes 12 seconds East, 42.00 feet; thence North 01 degrees 16 minutes 48 seconds East, 161.58 feet to the south line of River Street; thence South 88 degrees 43 minutes 36 seconds East along the south line of said River Street, 14.13 feet to the west line of the east 180 feet of Block 5 in Singer and Talcott Stone Company's Subdivision; thence South 01 degrees 18 minutes 56 seconds West along the aforesaid line, 210.00 feet to the south line of Lot 10 in County Clerk's Division; thence North 88 degrees 43 minutes 12 seconds West along said south line of Lot 10, 14.00 feet; thence North 01 degrees 16 minutes 48 seconds East, 41.33 feet; thence North 88 degrees 43 minutes 12 seconds West, 131.42 feet; thence North 01 degrees 16 minutes 48 seconds East, 7.00 feet; thence North 88 degrees 43 minutes 12 seconds West, 18.83 feet; thence South 01 degrees 16 minutes 48 seconds West, 7.00 feet; thence North 88 degrees 43 minutes 12 seconds West, 130.08 feet; thence North 01 degrees 16 minutes 48 seconds East, 50.42 feet; thence South 88 degrees 43 minutes 12 seconds East, 10.67 feet; thence North 01 degrees 16 minutes 48 seconds East, 17.33 feet; thence North 88 degrees 43 minutes 12 seconds West, 10.67 feet; thence North 01 degrees 16 minutes 48 seconds East, 30.00 feet; thence South 88 degrees 43 minutes 12 seconds East, 5.00 feet; thence North 01 degrees 16 minutes 48 seconds East, 34.61 feet to the point of beginning, all in the Village of Lemont, Cook County, Illinois. {30625: 010: 00342495.DOC : } 6 North 88 degrees 43 minutes 12 seconds West along the south line of said Lot 9 for a distance of 71.66 feet to the point of beginning. Also Commencing at the intersection of the south line of Lot 9 in County Clerk's Division of unsubdivided lands in said Section 20 with the east line of the west 400.5 feet of Lot 9 in said County Clerk's Division (as measured along the south line of Lot 9); thence on an assumed bearing of North 00 degrees 34 minutes 56 seconds East along the east line of the west 400.5 feet of Lot 9 in said County Clerk's Division, 140.00 feet; thence North 63 degrees 01 minutes 14 seconds East, 71.19 feet to the point of beginning; thence continuing North 63 degrees 01 minutes 14 seconds East, 2.32 feet; thence North 79 degrees 05 minutes 50 seconds East along the south line of River Street as dedicated by Document No. 22695261 for a distance of 76.77 feet; thence South 01 degrees 16 minutes 48 seconds West, 22.41 feet; thence South 88 degrees 43 minutes 12 seconds East, 77.75 feet; thence South 01 degrees 16 minutes 48 seconds West, 7.00 feet; thence South 88 degrees 43 minutes 12 seconds East, 17.33 feet; thence North 01 degrees 16 minutes 48 seconds East, 7.00 feet; thence South 88 degrees 43 minutes 12 seconds East, 52.00 feet; thence North 01 degrees 16 minutes 48 seconds East, 41.41 feet to the south line of said River Street; thence South 88 degrees 43 minutes 36 seconds East along the south line of said River Street, 9.17 feet; thence South 01 degrees 16 minutes 48 seconds West, 68.24 feet; thence North 88 degrees 43 minutes 12 seconds West, 10.67 feet; thence South 01 degrees 16 minutes 48 seconds West, 17.33 feet; thence South 88 degrees 43 minutes 12 seconds East, 10.67 feet; thence South 01 degrees 16 minutes 48 seconds West, 76.00 feet; thence South 88 degrees 43 minutes 12 seconds East, 42.00 feet; thence North 01 degrees 16 minutes 48 seconds East, 161.58 feet to the south line of River Street; thence South 88 degrees 43 minutes 36 seconds East along the south line of said River Street, 14.13 feet to the west line of the east 180 feet of Block 5 in Singer and Talcott Stone Company's Subdivision; thence South 01 degrees 18 minutes 56 seconds West along the aforesaid line, 210.00 feet to the south line of Lot 10 in County Clerk's Division; thence North 88 degrees 43 minutes 12 seconds West along said south line of Lot 10, 14.00 feet; thence North 01 degrees 16 minutes 48 seconds East, 41.33 feet; thence North 88 degrees 43 minutes 12 seconds West, 131.42 feet; thence North 01 degrees 16 minutes 48 seconds East, 7.00 feet; thence North 88 degrees 43 minutes 12 seconds West, 18.83 feet; thence South 01 degrees 16 minutes 48 seconds West, 7.00 feet; thence North 88 degrees 43 minutes 12 seconds West, 130.08 feet; thence North 01 degrees 16 minutes 48 seconds East, 50.42 feet; thence South 88 degrees 43 minutes 12 seconds East, 10.67 feet; thence North 01 degrees 16 minutes 48 seconds East, 17.33 feet; thence North 88 degrees 43 minutes 12 seconds West, 10.67 feet; thence North 01 degrees 16 minutes 48 seconds East, 30.00 feet; thence South 88 degrees 43 minutes 12 seconds East, 5.00 feet; thence North 01 degrees 16 minutes 48 seconds East, 34.61 feet to the point of beginning, all in the Village of Lemont, Cook County, Illinois. Also That part of the East Half of the Southwest Quarter of Section 20, Township 37 North, Range 11 East of the Third Principal Meridian, Cook County, Illinois, described as follows: Beginning at the Northwest comer of Lot 10 in County Clerk's Division of Unsubdivided Lands in said Section 20; thence North 00° 19'16" East 50.00 feet along the West line of said Lot 10 extended North; thence South 88 °43'36" East 171.83 feet to a line located 180.00 feet West of and parallel with the West line of Stephen Street; thence South 01 °18'56" West 50.00 feet along said parallel line to the North line of Lot 10; thence North 88 °43'36" West 170.96 feet along said North line to the Point of Beginning. {30625: 010: 00342495.DOC : } 8