Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
11-196
Resolution No. 11-196 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH LIFE STORAGE CENTERS, LLC FOR INTERIOR WATERMAIN REPAIRS (400-450 Airport Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN. ILLINOIS, that Sean R. Stegall,City Manager,and Kimberly A. Dewis,City Clerk,be and are hereby authorized and directed to execute an Agreement with Life Storage Centers,LLC on behalf of the City of Elgin for interior watermain repairs in connection with the property located at 400-450 Airport Road,a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 7, 2011 Adopted: December 7, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT This Agreement (hereinafter the "Agreement") is made and entered into at Elgin, Illinois this 7th day of December 2011,by and between the City of Elgin, an Illinois municipal corporation (hereinafter the "City") and Life Storage Centers, LLC, an Illinois limited liability company(hereinafter the"Owner"). Recitals WHEREAS, Owner is the beneficial owner and responsible for the maintenance of certain real property commonly known as 400-450 Airport Road, located within the City of Elgin, County of Kane, State of Illinois, and legally described as follows (hereinafter referred to as the "Subject Property"): LOTS 1 THROUGH 7 IN THE RIVER RIDGE BUSINESS CENTER BEING A RESUBDIVISION OF LOT 3 IN THE ELGIN O'HARE BUSINESS CENTER, BEING A SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 22, 2004 AS DOCUMENT NUMBER 2004K150868, IN THE TOWNSHIP OF DUNDEE, CITY OF ELGIN, KANE COUNTY, ILLINOIS; and, WHEREAS, there exists lying within and through the Subject Property a watermain, said watermain being known to the parties as constituting the interior western loop watermain servicing the Subject Property(hereinafter referred to as the"Interior Watermain"); and, WHEREAS, the Owner acknowledges and agrees that said Interior Watermain presently constitutes a private improvement, and that the maintenance and repair of the Interior Watermain is the responsibility of the Owner; and, WHEREAS, the Owner and the City desire that the Owner grant to the City a permanent easement in favor of the City with respect to the Interior Watermain, and further desire that the Owner dedicate to the City and the City accept the Interior Watermain as a public improvement to the Subject Property; and, WHEREAS, a break has occurred in the Interior Watermain, which is in need of repair; and, WHEREAS, the City has determined that the Interior Watermain must be repaired prior to the City's acceptance of the watermain as a public improvement; and, WHEREAS, the City and the Owner have agreed that the City will undertake certain repairs to the Interior Watermain, and that the Owner would be responsible for the costs of such repairs, in accordance with and subject to the terms and provisions of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and obligations contained herein, and other good and valuable consideration received by each party, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated into this Agreement in their entirety. 2. Scope of Work. The City agrees to provide for the following work to be undertaken with respect to the break in the Interior Watermain on the Subject Property (hereinafter referred to as the "Work"): • To repair the break in the Interior Watermain; • To flush, pressure-test and chlorinate the Interior Watermain; • To bed the repaired pipe in CA-6 rock; and, • To backfill the hole or trench with appropriate materials, compressed in lifts, as determined by the City in its sole discretion. The Owner shall be responsible for asphalting the area of the Work after the Work has been completed by the City. The parties agree that the City may utilize the services of third party contractors, employees or other agents to perform the Work or any portion thereof. 3. Payment for the Work. The Owner agrees to pay the City for its costs incurred in performing the Work, in an amount to be determined by the City as described herein. The City's costs are composed of labor, equipment, material and the quantity of each. The cost of labor will be determined by the actual hourly rate for an employee plus a multiplier to include direct and indirect labor-related costs, retirement, social security, health, hospitalization and life insurance, holidays, vacation, sick leave and workers' compensation, as determined by the City in its sole discretion. Equipment costs will be determined by the City in its sole discretion based upon the equipment utilized and the hours said equipment is utilized. Materials will be at cost. The cost for any portion of the Work contracted for by the City shall be the actual cost for the contractor. 4. Cash Deposit. The Owner agrees to provide the City with a cash deposit in the amount of Ten Thousand Dollars ($10,000) as monetary assurance of payment to the City for the Work described herein. 5. Invoices. Upon completion of the Work, the City shall submit an invoice to the Owner for the cost of the Work as determined by the City. As payment for the invoice, the City shall be authorized to withdraw from the cash deposit described in paragraph 4 of this Agreement an amount equal to the amount of the invoice. In the event that the amount of the invoice is less than the amount of the cash deposit, the City agrees to reimburse to the Owner the amount by which the cash deposit exceeds the amount of the invoice within thirty (30) days of the completion of the Work. In the event that the amount of the invoice exceeds the amount of the cash deposit, the Owner agrees to pay to the City the 2 amount by which the amount of the invoice exceeds the amount of the cash deposit in full within thirty(30) days of its receipt of the same. 6. Easement and Public Improvements Dedication Agreement. As further consideration for this Agreement, the Owner agrees to grant to the City a permanent easement and a temporary construction easement over the Subject Property, and to dedicate the interior watermain to the City as a public improvement. In accordance therewith, the City and the Owner hereby further agree to enter into and execute an agreement providing for the grant of a permanent easement and a temporary construction easement in favor of the City over the Subject Property, and further providing for the dedication and acceptance of the interior watermain as a public improvement(the "Easement and Public Improvements Dedication Agreement"). A copy of the Easement and Public Improvements Dedication Agreement is attached hereto as Exhibit 1 and incorporated herein by this reference. 7. Indemnification. Notwithstanding anything to the contrary in this Agreement, to the fullest extent permitted by law, Owner hereby agrees to and shall save the City and its officials, officers, employees, attorneys, agents, servants, boards and commissions harmless from and against and shall indemnify the City from and against any and all losses, liabilities, damages, claims, judgments, fines, suits, demands, costs, interest and expenses of any kind or nature whatsoever (including, but not limited to, reasonable attorney's fees and expenses) asserted against or incurred by the City in connection with any claim, proceeding or judgment (and the defense thereof) arising out of or resulting from the terms or performance of this Agreement and/or the City's performance of the Work on the Subject Property under the terms of this Agreement. In the event of any action against the City, its officials, officers, employees, attorneys, agents, servants, boards and commissions by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. Owner on behalf of themselves and their successors, assigns and grantees further hereby acknowledge the propriety,necessity and legality of this Agreement and all of the terms thereof, including, without limitation, the obligations to indemnify and hold the City harmless, and do further hereby agree and do waive any and all rights to any and all legal or challenges or defenses to this Agreement and the terms hereof. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 8. Breach and Limitation on Damages. If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party shall have the right to seek such administrative, contractual or legal remedies as may be suitable for such violation or breach; provided, however, that in no event shall the City be liable to Owner and/or any of their successors, assigns and/or grantees or any other related person or entity for monetary damages of any kind relating to or arising from any breach of this Agreement, and that no action of any kind shall be commenced by Owner against the City for monetary damages. In the event any legal action is brought by the City for the enforcement of any of the obligations of Owner related to or arising from this Agreement and the City is the prevailing party in such action, the City shall be entitled to recover from Owner reasonable interest and attorney's fees. The 3 provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 9. Notices. Any notice required or permitted under this Agreement shall be in writing and shall be sufficient if personally delivered or mailed by certified mail, return receipt requested, addressed as follows: To the City: To the Owner: City Engineer Christopher S. Barry, Manager City of Elgin Life Storage Centers, LLC 150 Dexter Court 777 Lake Zurich Road, Suite 200 Elgin, IL 60120-5555 Barrington, IL 60010 With a copy to: With a copy to Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120-5555 Notices mailed in accordance with the provisions of this paragraph shall be deemed to have been given on the third business day following mailing. Notices personally delivered shall be deemed to have been given upon delivery. 10. No Joint Venture or Partnership. This Agreement shall not be construed so as to create a joint venture, partnership, employment, or other agency relationship between the parties hereto. 11. No Personal Liability. No official, director, officer, agent or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement, or because of their execution, approval or attempted execution of this Agreement. 12. Joint and Collective Work Product. This Agreement is and shall be deemed and construed to be a joint and collective work product of the City and Owner, and as such, this Agreement shall not be construed against any other party as the otherwise purported drafter of the same by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in the terms or provisions contained herein. 13. Severability. The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable, for any reason,the remainder of this Agreement shall remain in full force and effect. 4 14. Governing Law. This Agreement shall be subject to and governed by the laws of the State of Illinois. The exclusive venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be in the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois. 15. References in Agreement. All references in this Agreement to the singular shall include the plural where applicable, and all reference to the masculine shall include the feminine and vice versa. If either reference shall be declared invalid, such decision shall not affect the validity of any remaining portion that shall remain in full force and effect. 16. Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 17. Paragraph Headings. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this Agreement. 18. Binding Agreement on Parties. This Agreement shall be binding on the parties hereto and their respective successors and permitted assigns. 19. Assignment. This Agreement and the obligations herein may not be assigned without the express written consent of each of the parties hereto. Any rights granted herein are personal to Owner. Any attempt to assign this Agreement will automatically terminate the Agreement and any rights granted to Owner hereunder, provided, however, that the Owner shall still be responsible for any and all obligations undertaken pursuant to this Agreement. 20. Entire Agreement. This Agreement and its exhibits constitute the entire agreement and understanding between the parties and supersedes any prior agreement or understanding relating to the subject matter of this Agreement. 21. Modification. This Agreement may be changed, modified or amended only by a duly- authorized written instrument executed by the parties hereto. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly-authorized and executed amendment hereof. SIGNATURE PAGE FOLLOWS 5 IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly authorized representative as of the day and year first above written. CITY OF ELGIN By: Ci"Manager ATTEST: City Clerk LIFE STORAGE CENTERS, LLC qt" By: Name: '� -ea L Its: M 44 --�-- Attest: 6 Resolution No. 11-197 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AND PUBLIC IMPROVEMENTS DEDICATION AGREEMENT REGARDING CERTAIN PUBLIC IMPROVEMENTS AND WATERMAIN REPAIR PURPOSES FROM LIFE STORAGE CENTERS, LLC (400-450 Airport Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an easement and public improvements dedication agreement regarding certain public improvements and watermain repair purposes from Life Storage Centers, LLC, for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the easement and public improvements dedication agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 7, 2011 Adopted: December 7, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk Recorded: 12/7/2011 Recording#: 2011K077084 This Instrument Prepared by and Return After Recording to: Christopher J. Beck City of Elgin Legal Department 150 Dexter Court Elgin IL 60120-5555 EASEMENT AND PUBLIC IMPROVEMENTS DEDICATION AGREEMENT THIS EASEMENT AND PUBLIC IMPROVEMENTS DEDICATION AGREEMENT (hereinafter referred to as the "Easement Agreement") made and entered into this day of , 2011, by and between the City of Elgin, an Illinois municipal corporation,(hereinafter referred to as the"City"),and Life Storage Centers,LLC,an Illinois limited liability company(hereinafter referred to as the"Grantor"). WITNESSETH WHEREAS,Grantor is the beneficial owner of the real property legally described and depicted on Exhibit A, attached hereto and incorporated herein by this reference, said property commonly known as 400-450 Airport Road, Elgin, Illinois,and having Permanent Index Numbers 03-34-327-001,03-34-327-002,03-34-327-003,03-34-421-038,03-34-421-039,03-34-421-040,and 03-34-421-041 (hereinafter referred to as the "Subject Property"); and, WHEREAS,the City desires to obtain a permanent easement from the Grantor for the purposes of constructing, maintaining, operating and repairing certain public improvements over those portions of the Subject Property depicted by the area designated"20 Foot City Easement"on Exhibit A (hereinafter referred to as the "Easement Premises"); and, WHEREAS,the City further desires to obtain a temporary construction easement over the Subject Property from the Grantor for the purposes of repairing a broken watermain lying within the westerly area of the Easement Premises; and, - 1 - Exhibit 1 WHEREAS,Grantor has agreed to grant such easements to the City for such purposes and pursuant to the terms and conditions of this Easement Agreement. NOW, THEREFORE,NOW,THEREFORE,for and in consideration of the mutual covenants and obligations contained herein,and other good and valuable consideration received by each party,the sufficiency of which is hereby acknowledged,the parties agree as follows: 1. That the Grantor,as beneficial owner of the Subject Property,does hereby grant to and in favor of the City and its successors and assigns a permanent and exclusive easement for the installation,construction,reconstruction,replacement,alteration,enlargement,operation,inspection, repair,maintenance,relocation,renewal and removal of improvements,facilities and appurtenances, including without limitation any and all manholes,hydrants,pipes,connections and catch basins,to serve these and other lands with improvements, including but not limited to force mains, sanitary sewers, storm sewers, storm drainage, water mains, pedestrian walkways, municipal signage and other municipal or public utility purposes designated by said City,in,across,along,over,under and upon the Easement Premises,together with the right to install required service connections under the surface of each lot to serve improvements thereon; and together with the right to enter upon the Subject Property with such personnel and equipment as may be deemed necessary for all such uses and purposes. 2. That no obstruction or structure shall be erected or located,nor shall any trees be planted,over said easement areas,nor shall any other activities be undertaken that unreasonably interfere with the City's intended use thereof, but the same may be used for landscaping, fencing, parking or other purposes if approved in writing by the City and if such use does not then or later interfere with the aforementioned purposes. 3. The right is also hereby granted to the City to remove any fences,buildings or structures and to cut down, trim or remove any trees, shrubs, bushes, roots or other plantings that interfere with the operation of or access to such facilities in,on,upon,across,under or through said Easement Premises. The City shall not be responsible for the replacement or repair of any such fences,buildings,structures,trees,turf,gardens,shrubs,landscaping or other improvements removed - 2 - during the exercise of the herein given rights. Replacement and/or repair of said items shall be the responsibility of the Grantor. 4. Any other public utilities shall be permitted to cross said Easement Premises at right angles thereto if approved in writing by the City and provided that such is done in a manner that does not then or later unreasonably interfere with the City's intended use of the easement areas; however no electrical transformers,switching equipment,junction boxes,or any other such facilities or equipment, shall be erected either above or below ground on said lands due to such crossings. 5. That Grantor does hereby further grant to the City a temporary construction easement allowing access over, within, under, along, across and through, and use of the Subject Property for the purposes of performing certain repairs to a broken watermain lying within the westerly portion of the Easement Premises,said work being provided for and described in a separate agreement between the City and the Grantor dated ,2011,incorporated herein by this reference (hereinafter the "Watermain Repair Agreement"). 6. That Grantor hereby dedicates, grants and conveys to the City the interior watermain located within the westerly portion of the Easement Premises,along with any right,title and interest to or in said watermain improvement and any appurtenances related thereto. Upon completion of the repair of the watermain and payment for the same in accordance with the terms and provisions of the Watermain Repair Agreement, the City agrees to accept the watermain as a public improvement in accordance with the provisions of Section 18.28.070 of the Elgin Municipal Code, subject to the adoption of a resolution by the City Council accepting such improvement. 7. That no amendment,revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 8. That this Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. The exclusive venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois. - 3 - 9. That Grantor hereby represents and warrants to the City that it is the beneficial of the Subject Property and the Easement Premises, and that it has the full power and authority to enter into and make the grants of easements as provided herein. 10. That this Agreement shall be binding on the parties hereto,their successors and permitted assigns and shall run with the land. 11. That this Agreement may be executed in multiple counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. 12. That this Agreement shall be recorded with the Kane County Recorder. SIGNATURE PAGE(S) FOLLOW - 4 - IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly authorized representative as of the day and year indicated below. CITY OF ELGIN LIFE STORAGE CENTERS, LLC By: By: Mayor Attest: Its: City Clerk Attest: Date: Date: FOR LOTS 1-5 FOR LOT 6 HARRIS N.A. AS TRUSTEE UNDER TRUST CHICAGO TITLE LAND TRUST AGREEMENT DATED NOVEMBER 1, 2005 COMPANY AS TRUSTEE UNDER AS TRUST NO. HTB1763 TRUST AGREEMENT DATED NOVEMBER 1, 2010 AS TRUST NO. 8002355915 By: By: Its: Its: Attest: Attest: Date: Date: - 5 - FOR LOT 7 HARRIS N.A. AS TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 1, 2006 AS TRUST NO. HTB1764 By: Its: Attest: Date: - 6 - EXHIBIT A Plat of Easement entitled"Grant of City Easement to the City of Elgin, Illinois,"prepared by Land Mark Engineering Group, Inc., date June 3, 2011, to be inserted. EXHIBIT 'A' • GRANT OF CITY EASEMENT TO THE CITY OF ELGIN,ILLINOIS uIr n9.M .,.,,I NOVEMBER�O"9D.'oD .s:90. _ a`D "µl�Uro,"u°"YEAlm. DRIVE ��_.e3ee a� S 39,1.30'c LE N,S. pyc. D5.6 u.S S NSS t";\•SBD To 6 s /fit, �`<Q�\ q‘\* P vim ' "'d`.�da.//c\ `\\\\ 0.N\ \h �. " '• 00 \ \'fa.\\ g. C` _i` '• LOT 6 d;\ \ '� t4„,,.....\ `a \\', !` 1 p .�, \, ,',r; \ \:`\ • •:k. \\ ` \ �, BLS ,m I S. • \ • \ b ,� yfs A� \ "�fls •,d" t}1..\ V.� \i\G \\ `F 2�, ,ee I 6 \\ \-\ \�' 1 e� �\+ \ fti 1...% O F. 1 \ \� `\ tt Off, \\4 ,,, ,^y 1 r /fit\ 0. ¢t ' 1 .g 44+c \ , d \ W .p y. t v \ \ eorlC g y " 1 \e 1.t ' ij■ \o‘ V P� ',vim .,m... \4 T'\`\.,°� s�vn• • . ., ,>. i 1 LOT 7 a '�`Ks'a,.\\� 1.J`T ,, s omov•• IS i "ix ot3eav " "" J ' _ ...,a�, ::„a„ 1, < ” 111$$ LOT 3 y66 2 .> m r� 1 ,� COa .JII DYDS+IT,gV 11 dy 5,2 ' :flit/ \B 1 - sit u s s \ / I s�n•3 s munr. \\ % t ;1 I '�.l 1 I � Y F \\d lslNC\ / X X m \p• .0V-P4/ ‘,..•"--,--- - / *''• t.Y ,30 1' \\\ 4 S LOT 2 ..1I gu "s m°r"rn••,�` s \\ ,,.¢0•a .s�.d .\1.i..%t ,.a` PAL mora¢ron u s ua1ra w \ " S "Sd`3// :erne x + / LOT 1 " ate, o t^ "• ^ -_-% Ss 14 . ,, s. "eF'3i_FI \\ J " _eta S W�' BEN r « `•"r "�Y,�i Mt//'�/ , t^4 t�z 5.w 3i'e"i']Sw ;Rnr \\\ J -- NESS ,s,1 ,u ^P;� Ll 1.X,-1- 'I 1568 \ ./�''/ `/// a 0.,Of..'. sA..S maw mc.ero«,fi... ;� ff.- S e r„a9'[ N ENVE \X /� ' -air. co* \\f0 uo •••s4 . 'gr€"sF eg,;2g m GRANT OF CITY EASEMENT TO THE CITY OF ELGIN, IL 1 O ��--�,��o a Landmark mi0 LAW 3L.0113 F s 4 d 5,g'T ♦ ENC.3Isn,ER'D�NG GRlOUP.', INC RIVER RIDGE BUSINESS CENTER = d'.2'i 1".,m °° °° '^w ELGIN, ILLINOIS • FOR OFFICE USE ONLY Account Number Category CS Document Date Chicago Title Land Trust Company Administrator _ _.,� FOR A TRUSTEE'S DEED, PLEASE USE THE DIRECTION TO CONVEY FORM. LETTER OF DIRECTION DATE: November 9, 2011 NOTE : An extra copy of each document to be signed should be included for the Trustee. TRUSTEE:You are hereby authorized and directed to execute the following described document(s) in your capacity as Trustee under your Trust No. 8002355915 dated November 1, 2010 DESCRIPTION OF DOCUMENT(S): Easement and Public Improvements Dedication Agreement. This is a water main easement. Address of Property: 450 Airport Road, Elgin, IL 60123 Issue Letter to Pay Proceeds to: Will Be Picked Up By: Romi na - Ex 120 Phone Number: 847.381.1911 OR Mail To: If the beneficial interest is assigned as collateral,the Collateral Assignee MUST authorize this Dire *.n. Associated Bank and Metropolitan Bank Name of Lender (please note successor information if applicable) ,�,``';� �'' �� � � By. i t �� ` r49 Its: 4 "'� °`' Title , cteWu' d/ \goo ecO aC � G Signatu of Beneficiary/Power of Directidi Holder Signature of Beneficiary/Po - of Direction Holder 7-7 --) ; Signjure of Benficiary/Power of Direction Holder Signature of Benefiiary/Power of Direction Holder Rev.11/2010 FOR OFFICE USE ONLY Account Number..._____..... _ ._ Document Date © Chicago Title Land Trust Company Administrator. FOR A TRUSTEE'S DEED,PLEASE USE THE DIRECTION TO CONVEY FORM. LETTER OF DIRECTION DATE: November 9,2011 NOTE: An extra copy of each document to be signed should be included for the Trustee. TRUSTEE:You are hereby authorized and directed to execute the following described document(s)In your capacity as Trustee under your Trust No. 800235 5915 dated November 1, 2010 DESCRIPTION OF DOCUMENT(S): Easement and Public Improvements Dedication Agreement. This is a water main easement. Address of Property: 450 Airport Road, Elgin, IL 60123 Issue Letter to Pay Proceeds to: Will Be Picked Up By: Romi na - Ex 120 Phone Number: 847.381.1911 OR Mail To: If the beneficial interest is assigned as collateral,the Collateral Assignee MUST authorize this Direction. Associated Bank and Metropolitan Bank Name of Lender (please note successor information if applicable) By: Sitda(61 (, Its: 0;re, Pte Sicle> tle Signatu of Benneeficiary/Power OCtidn Holder Signature of Beneficiary/Power of Direction Holder Sigreure of Bep6ficia> Power of Direction Holder Signature of Beneficiary/Power of Direction Holder • Rev.11/2010 • • • FOR OFFICE USE ONLY Account Number Category Document Date... ,_ ..._ ._ Chicago Title Land Trust Company Administrator FOR A TRUSTEE'S DEED,PLEASE USE THE DIRECTION TO CONVEY FORM. LETTER OF DIRECTION DATE: November 9,2011 NOTE: An extra copy of each document to be signed should be included for the Trustee, TRUSTEE: You are hereby authorized and directed to execute the following described document(s)in your capacity as Trustee under your Trust No. 8002355915 dated November 1, 2010 DESCRIPTION OF DOCUMENT(S): Easement and Public Improvements Dedication Agreement. This is a water main easement. Address of Property: 450 Airport Road, Elgin, IL 60123 Issue Letter to Pay Proceeds to: Will Be Picked Up By: Komi na - Ex 120 Phone Number: 847.381.1911 OR Mail To: If the beneficial interest is assigned as collateral,the Collateral Assignee MUST authorize this Direction. Associated Bank and Metropolitan Bank Name of Lender (please note successor information if applicable) 'Id& ';fa/��, 7/_T ra Q By: Its: -V,i o O Title Signatu of Beneficiary/Power o n Holder Signature of Beneficiary/Power of Direction Holder Sig ure of Beyficier of Direction Holder Signature of Beneficiary/Power of Direction Holder Rev.11/2010 EXHIBIT •A' GRANT OF CITY EASEMENT TO THE CITY OF ELGIN,IWNOIS rel:w."w1p1eo+..1`,n v" r a m sa;;Vx r aw sW Trz.e[.c.ecwan..sw v w,?a> aa.-ax.li ALM. •OCO"OwO TO,»[R.,e[cOeO[O NO,axe[e n.22...s axux[",]OO.c1xew DI NS Tiaus■ Or WW2,".N[caws.uwa! DRIVE ,5� ul` )q- Q �a� ' ."a.• 7--'41 1 . E.U /i5 6` \\. yY0b.4d.\ 6�,:s {/ `\\ IAA\♦ ,�;,d \\ \`` +4y'd t \ \\\\`\3y\♦ 70:` ' LOT 6 \\ \ . 4' \\ K Pat ee-Ot-ea)OCi \\\‘'‘ \ 4 9 Y 9 0 m II \ `\� `\ \ks xa '4 is i -s1 `b' ■ `\ 4.-0 !1 \*\x ,; �`'P f� i''. \ Vi ♦\ m s L . \ / J I I \\, 4'1 " ]iYa"i Win,— `,\ \\ !` + r dv A t‘ \= OS : i.•n r \\\`\ LOT 4 s\ fib- w PIM 00-31.-421-0311 U LL I Hlip ° w 4yy\` "7."'' -y \t 'A • elm TCx k r �t ;I \� •��N \ as h•• \ a, �a _ ,eta m I LOT 7 •v"," .1. V" «,narv)`T ""1' mm rut m-�.-aabn msrn TA I \rte I I J ' •W I . 5$$1 e ``': Y tS 1� ppp'g'g�� .. I 8 . I fi( 66666 3 v.e,a 10, 'IS-4 I I. x u m�w p� pg LOT 3 n J it CO . j- .rk m-o..u-0.O d 1 d P . .."i '.0-.,1 I/ Z.'' 51'sly u [ e�a V1� 1 maa 4- t' i n. 1 ., 1 , rr +.I = 1 Y a, 'v \\\i 1 - k ,,,o,"-.0 t° d \ 5 N D ;b r ' - o 3 5 ,,s\.. 1, \ v a'A,e t .•: '••'"��' LOT 2 ski yar1-u�� u■ .crnw..,.�.• °S s I` •, P 1=� ';-,; .w aoa•varon X71 u as arcacirr: ..e r • u•xar,••,j't ��d )t :Ali Lk Ornr.$ 7-' LOT 1 •,ti':� p'.' • ' ' a •~ r '•' .111 ODU�ia.J-Of0 •0,42' 'I, S tl \G} / C O4 ;fin • =�s(s� t��;� '.:y-J<y ,s"'°" c\N�a et a C,5'.',-e+ \, ti'-/ f ., 1- 01 9 74,6.S MASTS MSG 6 nICA.71.2 2220.6.2.,s.Nlc CA. ]oo..�ws.e .., 2:,r1., , `Y /„fit % Ole'''. ���'�J 0:4„,,,, cS 1s6f. Owysical AI Are ANS MCA.. X�/ 0p1• co CEO _ 0 ` tigir- §E—°^ m1 GRANT OF CITY EASEMENT TO THE CITY OF ELGIN,IL 0 5^ f�o Landmark — ENGINEERING GROUP, INC. <4 I ♦ PP0ILS8bNLL➢LYWN MX I]M-00611 RIVER RIDGE BUSINESS CENTER .N.x<�. ELGIN, ILLINOIS