R-42-08 06/23/2008RESOLUTION
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RESOLUTION APPROVING A PARKING FACILITY LICENSE AGREEMENT
BETWEEN VILLAGE OF LEMONT, MP LEMONT, LLC,
AND FRONT STREET LOFTS CONDOMINIUM ASSOCIATION
WHEREAS, the Village of Lemont seeks to enter into a License Agreement with MP
Lemont, LLC, and Front Street Lofts Condominium Association to provide parking spaces for
use by owners of residential condominium units at Front Street Lofts Development, Phase I.
WHEREAS, the terms and conditions of the License 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.
Debby Blatzer
Peter Coules
Clifford Miklos
Brian Reaves
Ronald Stapleton
Jeanette Virgilio
Attest:
_42-/149—(/.1-'
ARLENE SMOLLEN, Village Clerk
AYES NAYS PASSED ABSENT
V
f
JOH , . PIAZZA, 'llage ' • s lrent
This instrument was prepared by
and after recording should be returned
to:
Brian Meltzer
MELTZER, PURTILL & STELLE LLC
1515 East Woodfield Road
Second Flaor
Schaumburg, IL 60173 -5431
PINs: 22 -20- 330 -010, 22- 20- 300 -014,
22 -20 -406 -005
05/19/08
PARKING FACILITY LICENSE AGREEMENT
Re: Front Street Lofts
This PARKING FACILITY LICENSE 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 "), collectively, the "Parties ".
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");
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 property which is made subject to the Declaration;
The Village and the Developer entered into that certain Redevelopment Agreement between the
Village and the Developer, dated as of May 15, 2006 with respect to the Front Street Lofts Property and
the Village Property ( "Redevelopment Agreement ");
Under the Redevelopment Agreement, the Village agreed to reserve eighty-two (82) parking
spaces (each a "Reserved Parking Space ") in the Parking Facility for use by owners of residential
condominium units, created pursuant to the Declaration (each, a "Unit" and, collectively, the "Units "), in
return for which the Association would pay a monthly parking fee for each Reserved Parking Space
( "Parking Fee ").
The Redevelopment Agreement provides that (i) the Village shall determine, allocate, specify and
assign the locations of all of the Reserved Parking Spaces which shall be reserved for use by the owners
{30625: 010: 00191408.DOC :11 }
of Units, and (ii) the Association shall allocate, specify and assign one particular Reserved Parking
Spaces to each Unit.
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:
I. Grants of Rights / Village Agreements.
A. The Village hereby designates the Reserved Parking Spaces which are depicted on
Exhibit C hereto for use by owners of Units and grants to the Association the right and power to
allocate, specify and assign the right to use one (1) Reserved Parking Space to each Unit.
B. The Village hereby grants to each owner of a Unit to which a Reserved Parking Space
is assigned as provided in Paragraph I.A. above, a non - exclusive license to park one (1) operable
automobile in the Reserved Parking Space assigned to the owner's Unit.
C. The Village hereby agrees to at all times maintain the Parking Facility, including the
Reserved Parking Spaces, in good condition and repair, free of debris and obstructions, including
necessary snow removal from driveway ramps, if any. The Village shall not permit or create any
obstruction to the Parking Facility; provided, however, that the Village and its agents and
employees may enter upon the Parking Facility for the purpose of conducting regular
maintenance, repair, surfacing, striping and other customary acts within the Parking Facility
( "Village Permitted Acts ") so long as acceptable temporary parking spaces in the Parking Facility
or otherwise proximately located to the Units are made available to the owners of Units to which
the Reserved Parking Spaces are assigned. Village Permitted Acts shall be commenced and
completed in reasonable and customary manner and time, without unreasonable delay or
disruption to the use of the Reserved Parking Spaces.
D. The Village hereby warrants that it has good and indefeasible fee simple title to the
Parking Facility and full power and authority to make the grant and conveyance herein, subject
only to existing documents and encumbrances of record, including, without limitation the Phase
lA Parking Structure Mortgage (as defined in the Redevelopment Agreement).
II. Association Agreements.
A. The Association shall allocate, specify and assign one particular Reserved Parking
Spaces to each Unit and shall maintain a list which includes each Reserved Parking Space and to
which Unit each Reserved Parking Space is assigned.
B. The Association shall pay Impositions (as defined in the Redevelopment Agreement),
if any, and Parking Fees. The Parking Fees shall be fixed each December for the following year
and shall be paid on a quarterly basis, in advance. The Parking Fee for calendar year 2008 will be
$75 per quarter per Reserved Parking Space.
C. The Parking Facility shall be used solely for vehicular and pedestrian ingress and
egress to and from, and parking in, the Reserved Parking Space as permitted herein by vehicles
licensed to travel on public roadways. No disabled vehicles shall be permitted to be parked, and
no vehicle repairs are to be conducted, in or upon the Parking Facility. The Village shall not be
130625: 010: 00191408.DOC:11 } 2
responsible for providing parking for vehicles that cannot be accommodated by the design of the
Parking Facility.
III. Parties Agreements.
A. The Village and the Association shall cooperate to prevent unauthorized usage of the
Reserved Parking Spaces through a signage or other system to be developed and agreed upon
between the Village and the Associations.
B. The Village, in consultation with the Association, and, until such time as the
Developer no longer holds or controls title to any portion of the Front Street Lofts Property, the
Developer, may regulate the use of Reserved Parking Spaces, including, without limitation,
towing and removal of unauthorized or improperly parked vehicles.
C. The Village, the Association, and until such time as the Developer no longer holds or
controls any portion of the Front Street Lofts Property, the Developer, shall have the right to
enforce this Agreement by action at law or in equity; provided, however, that if the failure of the
Village does not result in the interruption of the use of Reserved Parking Spaces by owners to
which the Reserved Parking Spaces are assigned, then Village shall have first received notice of
such failure and shall have had a reasonable time to cure the same prior to the Developer and /or
Association initiating any such remedy. In the event that the Association shall fail to pay Parking
Fees as required hereunder, then Village may suspend use of the Reserved Parking Spaces until
all such payments are made.
IV. Miscellaneous.
A. This Agreement shall be recorded in the public records of Cook County, Illinois to
evidence the agreements made hereunder; which agreements shall run with and bind the Front
Street Lofts Property and the Village Property, subject to the terms hereof.
B. The various rights and remedies herein contained and reserved hereunder, shall not be
considered as exclusive of any other right or remedy, but shall be construed as cumulative and
shall be in addition to every other remedy now or hereafter existing at law, in equity or by statute.
No delay or omission of the right to exercise any power or remedy shall impair any such right,
power or remedy or be construed as a waiver of any default or nonperformance or as
acquiescence therein.
C. All provisions of this instrument, including the benefits and burdens, run with the land
and are binding on, and inure to the heirs, assigns, successors, tenants, and personal
representatives of the parties hereto.
D. All notices shall be sent to the addresses provided below, and if sent by nationally
recognized overnight courier or same day messenger service, shall be deemed effective when
received, and if sent by U.S. mail, shall be deemed given two (2) business days after being so
placed in the mail. The affidavit of the person depositing the notice in the U.S. Postal Service
receptacle shall be evidence of such mailing.
E. In the event of any inconsistency between the Redevelopment Agreement and this
Agreement, the provisions of the Redevelopment Agreement shall prevail.
(30625: 010: 00191408.DOC :11 ) 3
F. This Agreement shall be construed and enforced in accordance with, and governed by,
the laws of the State of Illinois.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this/ day of
y cUl i , 2008.
J
VILLAGE OF LEMONT, an Illinois
municipal corporation
By
Its: Villag
ATTEST
s: 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: 00191408.DOC :11 } 4
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
)
)
)
rr I, the undersigned, a notary public in and for the county in the state aforesaid, do hereby certify
that l9 ll:nlymu$ , Village Manager, and P(9 ny ,)pnoQQQyj , Village Clerk, personally
known to ni 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 seals 1..3 day of Ju yi3O— , 2008.
b Pc
STATE OF ILLINOIS
COUNTY OF
)
)
)
of:RCIAL SEAL
R0FL.El,1AY YATES
NOTARY rJ .iC, STATE OF IWNOIS
MY COMMISSION EXPIRES 8.18.1008
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
{30625:010:00191408.DOC:11 ) 5
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.
ATTEST:
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: 00191408.DOC:11) 6
EXHIBIT A
Legal Description and Depiction of Parking Facility
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.
[Depiction to be attached prior to recording]
{30625: 010: 00191408.DOC:11 ) 7
EXHIBIT B
Legal Description of 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 1/2 of the Southwest' /, and the West 1/2 of the Southeast VI 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
{30625: 010 00191408.DOC : l t l 8
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, lllinois, 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.
(30625: 010: 00191406DOC :11 ) 9
EXHIBIT C
Depiction of Reserved Parking Spaces
[See attached)
(30625: 010: 00191408.DOC :I I ) 10
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