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HomeMy WebLinkAbout9.1 First reading of an ORDINANCE GRANTING A PRELIMINARY AND FINAL PLAT OF SUBDIVISION AND A CONDITIONAL USE FOR A PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT 990-1145 MT. PROSPECT PLAZA, 940-950 E. RAND ROAD, 1200-1220 E. CENTRMORA r Item Cover Page Subject First reading of an ORDINANCE GRANTING A PRELIMINARY AND FINAL PLAT OF SUBDIVISION AND A CONDITIONAL USE FOR A PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT 990-1145 MT. PROSPECT PLAZA, 940-950 E. RAND ROAD, 1200-1220 E. CENTRAL ROAD, AND 802 E. RAND ROAD (OTHERWISE KNOWN AS MOUNT PROSPECT PLAZA), MOUNT PROSPECT, ILLINOIS (PZ-16-26) Meeting October 20, 2026 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD Fiscal Impact (Y/N) Dollar Amount Budget Source Category Type Information 1►1 NEW BUSINESS Action Item The Petitioner, LBX Mount Prospect TH LLC, is requesting a Preliminary and Final Planned Unit Development (PUD) with certain exceptions and a Preliminary and Final Plat of Subdivision for the property commonly known as Mount Prospect Plaza located at 990-1145 Mt. Prospect Plaza, 940-950 E. Rand Road, 1200-1220 E. Central Road, and 802 E Rand Road (Subject Property). The Petitioner proposes to resubdivide the shopping center to establish separate lots of record for the existing and proposed outlot buildings, including a new outlot intended for a potential drive -through -only coffee shop. Conditional use approval is required for the Preliminary and Final PUD to allow multiple principal structures on the Subject Property, while the Preliminary and Final Plat of Subdivision is required to legally establish the proposed lots. Staff finds that the requests satisfy the applicable requirements and standards of the Village Code and is supportive of the proposed PUD and subdivision requests. Discussion The Petitioner is requesting approval of a Preliminary and Final Planned Unit Development (PUD) with certain exceptions and a Preliminary and Final Plat of Subdivision for the existing Mount Prospect Plaza shopping center. The proposed subdivision would establish separate legal lots of record for the existing freestanding buildings and create a new outlot, Lot 1C, near Rand and Central Roads for a potential drive -through -only coffee shop. The PUD is required to formalize the shopping center as a unified development containing multiple principal structures and would recognize existing site conditions, including exceptions for lot coverage, building setback, and certain landscaping requirements. The development provides 1,324 parking spaces, exceeding the 1,126 spaces required, and existing recorded agreements will continue to provide cross -access and cross -parking throughout the Plaza and with adjacent properties. The Petitioner also proposes additional landscaping throughout the development while seeking relief from certain landscaping requirements due to the existing developed condition of the site. A detailed discussion of the proposal is included in the attached staff report. PUBLIC COMMENT Staff received one public comment letter from a nearby business expressing support for the project. The business noted that continued investment and redevelopment of Mount Prospect Plaza would benefit the Village and surrounding commercial area, encourage future development, and help strengthen the Village's tax base. PUBLIC HEARING The Planning and Zoning Commission considered the requests at its October 8, 2026 public hearing. The Commission's discussion focused primarily on the proposed subdivision of the shopping center into five lots of record, the requested exceptions for existing lot coverage and landscaping requirements, and the implications of the PUD on future redevelopment. Commissioners expressed concerns regarding the existing 87% lot coverage compared to the 75% maximum permitted by the Zoning Code and discussed opportunities to reduce impervious surfaces and increase green space. The Petitioner explained that existing tenant leases and reciprocal easement agreements restrict modifications to common parking areas without tenant consent. Staff clarified that the proposed PUD would continue to govern all five lots regardless of ownership and that substantial redevelopment would require a major PUD amendment, providing the Village an opportunity to evaluate compliance with applicable zoning requirements should that happen at some point in the future. The Petitioner further explained that the proposed subdivision would facilitate potential future property sales, simplify real estate tax administration, and formalize existing parcel boundaries and easements. Following discussion, the Commission voted 6-0 to recommend approval of the conditional use for the preliminary and final PUD, subject to the conditions contained in the staff report and the addition of two more conditions: 1. All newly proposed trees and shrubs shall be native species. 2. Subject to Village Attorney review, future redevelopment involving demolition or partial demolition of existing buildings shall seek greater compliance with the Zoning Code in effect at the time of redevelopment. The Commission also voted 6-0 to recommend approval of the preliminary and final plat of subdivision. REQUEST TO WAIVE THE SECOND READING The Petitioner requests that the Village Board waive the second reading and take final action at the October 20, 2026, meeting. STAFF RECOMMENDATION Staff finds that the proposed PUD and subdivision are consistent with the Village's long-range planning objectives and applicable PUD standards and recommends approval of both requests, subject to the conditions outlined in the attached ordinance. Alternatives 1. Approval of a Preliminary and Final Plat of Subdivision titled "Mount Prospect Plaza" and a conditional use for a Preliminary and Final Planned Unit Development at 990-1145 Mt. Prospect Plaza, 940-950 E. Rand Road, 1200-1220 E. Central Road, and 802 E. Rand Road, Case No. PZ-16-26, subject to the conditions listed in the attached ordinance. 2. Action at the discretion of the Village Board. Staff Recommendation 1. Approval of a Preliminary and Final Plat of Subdivision titled ""Mount Prospect Plaza" and a conditional use for a Preliminary and Final Planned Unit Development at 990-1145 Mt. Prospect Plaza, 940-950 E. Rand Road, 1200-1220 E. Central Road, and 802 E. Rand Road, Case No. PZ-16-26, subject to the conditions listed in the attached ordinance. Attachments 1. PZ-16-26 Staff Report 2. PZ-16-26 Administrative Content Redacted 3. PZ-16-26 Updated Final Plat 4. PZ-16-26 Updated PUD Site Plan 5. PZ-16-26 Landscape Plans 6. PZ-16-26 Meeting Minutes 7. PZ-16-26 Request to Waive Second Reading 8. PZ-16-26 Ordinance 9. PZ-16-26 Cross Parking and Access Easement Request Letter 10. PZ-16-26 Doc No. 90474272 - Easements and CC&Rs - Walmart 11. PZ-16-26 Doc. No. 1719439138 - REA - Walgreens Parcel VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street, Mount Prospect, IL 60056 STAFF REPORT FROM THE DEPARTMENT OF Community Development Jason C Shallcross, AICP, CEcD Ann Choi Director of Community Development Senior Development Planner DATE: October 1, 2026 CASE NUMBER PZ-16-26 PUBLIC HEARING DATE October 8, 2026 BRIEF SUMMARY OF REQUEST APPLICANT/PROPERTY OWNER LBX Mount Prospect TH LLC PROPERTY ADDRESS/LOCATION 990-1145 Mt. Prospect Pz, 940-950 E. Rand Rd, 1200-1220 E. Central Rd, 802 E. Rand Rd The Petitioner, LBX Mount Prospect TH LLC, is requesting a Preliminary and Final Planned Unit Development (PUD) with certain exceptions and a Preliminary and Final Plat of Subdivision for the property commonly known as Mount Prospect Plaza located at 990-1145 Mt. Prospect Plaza, 940-950 E. Rand Road, 1200-1220 E. Central Road, and 802 E Rand Road (Subject Property). The Petitioner proposes to resubdivide the shopping center to establish separate lots of record for the existing and proposed outlot buildings, including a new outlot intended for a potential drive -through -only coffee shop. Conditional use approval is required for the Preliminary and Final PUD to allow multiple principal structures on the Subject Property, while the Preliminary and Final Plat of Subdivision is required to legally establish the proposed lots. Staff finds that the requests satisfy the applicable requirements and standards of the Village Code and is supportive of the proposed PUD and subdivision. 2026 Aerial Image 2026 Village of Mount Prospect Zoning Map .IIIIIIIIIIIIIIII r Subject Property B-4 ............. ------------------ - .. .. .................. . B-3 aka ECentral Rd� EXISTING EXISTING LAND USE/ SURROUNDING ZONING & LAND USE SIZE OF ZONING SITE IMPROVEMENTS North: R-4* PUD and B-3 Community PROPERTY B-3 Community Existing shopping including Shopping 26.602 acres Shopping four (4) outlot buildings East: R-1 Single -Family Residential South: B-3 Community Shopping, B-4 Corridor Commercial and Des Plaines West: B-4 Corridor Commercial STAFF RECOMMENDATION APPROVE APPROVE WITH DENY CONDITIONS H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-16-26 990 Mt Prospect Pz (CU - Final PUD, Final Plat).docx BACKGROUND / PROPERTY HISTORY The Subject Property was annexed into the Village in 1958 and is located on the north side of Central Road, just east of Mt. Prospect Road, and is zoned B-3 Community Shopping District. The Subject Property consists of a shopping center and four (4) outlot buildings. It is bordered by B-3 Community Shopping District and R-4Multi-Family Residence District and Planned Unit Development to the north, B-3 Community Shopping District to the west, R-1 Single -Family Residence District to the east, and B-4 Corridor Commercial District, B-3 Community Shopping District and the City of Des Plaines to the south. The following approvals were granted by the Village which allowed development of the shopping center over the years: • Ordinance No.6756, approved on November6, 2024,granted a conditional use permit for the use of four drive -through lanes (Lakeside Bank). • Ordinance No. 6655, approved on December 20, 2022, granted a conditional use permit for a massage therapy establishment (Massage Envy). • Ordinance No. 6254, approved on June 21, 2016, extended the provisions of Ordinance No. 6148 through July 15, 2017. • Ordinance No. 6205, approved on July 7, 2015, extended the provisions of Ordinance No. 6148 through July 15, 2016. • Resolution No. R-05-15, approved on May 28, 2015, granted a variation to allow window signage of 79 square feet and 171 square feet (Ross Dress for Less). • Ordinance No. 6148, approved on July 15, 2014,granted a conditional use permit fora new planned unit development, two new outlot buildings, a conditional use permit for a drive through establishment and a variation to allow overall lot coverage of 86%. • Ordinance No. 5820, approved on November 16, 2010, granted a conditional use permit for a new bank building with a drive -through (Chase Bank). • Ordinance No.5246, approved on April16, 2002,granted a conditional use permit to allow an itinerant veterinary clinic. • Resolution No. R-27SR-01, approved on September 27, 2001, granted a variation to allow a 276.94 square foot wall sign (Sears). In July 2014, the Village Board approved Ordinance No. 6148, granting conditional use approval for a final planned unit development encompassing the properties at 990-1145 Mt. Prospect Plaza, 940- 950 E. Rand Road, and 1200-1220 E. Central Road. The approval included two new outlot buildings, a conditional use for a drive -through establishment, and a variation to permit an overall lot coverage of 86%. The approvals were subsequently extended twice, first through Ordinance No. 6205, approved on July 7, 2015, and again through Ordinance No. 6254, approved on June 21, 2016. However, the proposed development did not proceed and building permits were never issued for the approved outlot buildings; therefore, the approvals ultimately lapsed and became null and void prior to the Petitioner acquiring the Plaza in July 2022. H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-16-26 990 Mt Prospect Pz (CU - Final PUD, Final Plat).docx 2 PROPOSAL The Petitioner proposes to subdivide the shopping center and create a new lot for a future outlot building at Mount Prospect Plaza. Per the attached PUD site plan, the new outlot would be located near the intersection Rand and Central Roads between the multi -tenant building containing Panda Express to the east and Lakeside Bank to the west. Final Plat of Subdivision: The Subject Property consists of one parcel with multiple tax parcel identification numbers (PINs) that have not all been legally subdivided into individual lots of record. Four PIN numbers exist for the shopping center as provided in the table below. Table 1: Existing Parcel Identification Numbers Business Name Address PIN Taxpayer Mount Prospect 990-1145 Mt Prospect 03-35-301-058-0000 LBX Mount Prospect TH LLC, A Plaza Shopping Plaza, 940-950 E Rand Rd, Delaware Limited Liability Co. Center and 1200-1220 E Central Rd Parking lot 940 E Rand Rd 03-35-302-014-0000 LBX Mount Prospect TH LLC, A shared with Delaware Limited Liability Co. Walmart U.S. Bank 940 E Rand Rd 03-35-302-015-0000, LBX Mount Prospect TH LLC, A 03-35-301-055-0000 Delaware Limited Liability Co. Lakeside Bank 950 E Rand Rd 03-35-301-056-0000 LBX Mount Prospect TH LLC, A Delaware Limited Liability Co. The proposed final plat of subdivision would legally subdivide the Subject Property into separate lots of record, with each freestanding building located on its own lot. Table 2: New Lots and Associated Areas Name of Business Address Lot No. Lot Area Shopping center (more 990-1145 Mt. Prospect Plz Lot 1 A 1,004,732 SF or than 150,000 SF) 23.065 AC +/- Freestanding stores and 1200-1220 E Central Rd Lot 1 B 639883 SF or shopping centers (up to 1.467 AC +/- 30,000 square feet) Future Tenant 990 E Rand Rd Lot 1 C 27,009 SF or 0.620 AC +/- Lakeside Bank 950 E Rand Rd Lot 1 D 31,198 SF or 0.716 AC +/- U.S. Bank 940 E Rand Rd Lot 1 E 31,986 SF or 0.734 AC +/- Site Plan: The proposed PUD and subdivision would create a new outlot, Lot 1 D, from an existing tax - divided parcel currently occupied by Lakeside Bank. The existing bank building complies with the applicable building setbacks except for the required rear yard setback. The B-3 District requires a minimum rear yard setback of twenty feet (20.0'); however, the existing bank building is located approximately fifteen and seventy-six hundredths feet (15.76') from the proposed rear lot line. Accordingly, the Petitioner is requesting relief to recognize the existing condition and reduce the minimum required rear yard setback from twenty feet (20.0') to fifteen and seventy-six hundredths feet (15.76') for the existing bank building on proposed Lot 1 D. H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-16-26 990 Mt Prospect Pz (CU - Final PUD, Final Plat).docx 3 The PUD Site Plan also identifies proposed Lot 1 C along the southern portion of the shopping center adjacent to Rand Road, which is intended to accommodate a future drive -through -only coffee shop with an anticipated address of 990 East Rand Road. The overall lot coverage for the PUD is approximately eighty-seven percent (87%), exceeding the maximum permitted lot coverage of seventy-five percent (75%) in the B-3 District. As part of the PUD approval, the Petitioner is requesting relief to recognize the existing developed condition and permit an overall lot coverage of eighty-seven percent (87%). The specific exceptions pertaining to lot coverage and setbacks requested areas follows: A. An exception from Section 14.1704.Ato allow a reduction in the minimum required rear yard setback from twenty feet (20.0') to fifteen and seventy-six hundredths feet (15.76') for the existing bank building on proposed Lot 1 D. B. An exception from Section 14.1704.0 to increase the maximum lot coverage from seventy-five percent (75%) to eighty-seven percent (87%); and Parking: The parking requirement for shopping centers that are more than 150,000 square feet in gross floor area is four (4) spaces per one thousand (1,000) square feet of gross floor area. The parking requirement for freestanding stores and shopping centers (up to 30,000 square feet) is the same but restaurants as tenants require separate parking calculations. Restaurants without a bar require twelve (12) spaces per one thousand (1,000) square feet of gross floor area. The PUD site plan indicates the development will provide one thousand three hundred twenty-four (1,324) parking spaces, including thirty-seven (37) accessible parking spaces. The parking provided will exceed the number of required parking spaces by one hundred ninety-eight (198) parking spaces. Table 2: Parking Analysis Name of Business or Use Address Gross Floor Area (SF) of Buildings Parking Ratio (No. of spaces per 1,000 SF of GFA) Total Spaces Required U.S. Bank 940 E Rand Rd 3,400 3 /1,000 plus 4 stacking spaces for each window 10.2 Lakeside Bank 950 E Rand Rd 4,300 13 Panda Express 1200 E Central Rd 21200 12/1000 26.4 Rush Physical Therapy 1210 E Central Rd 19658 4/1000 6.6 Massage Envy 1212 E Central Rd A 29482 4/1000 9.9 Tru Bowl 1212 E Central Rd B 19221 12/1000 14.6 El Famous Burrito 1214 E Central Rd 1,400 12/1000 16.8 Great Clips 1216 E Central Rd 1,200 4/1000 4.8 Jimmy John's 1220 E Central Rd 11200 12/1000 14.4 Shopping center (more than 150,000 SF) 990-1145 Mt. Prospect Plz 2139360 4 spaces/1,000 SF 853.4 Future tenant 990 E. Rand Rd 19240 12 spaces/1,000 SF 14.9 Total Spaces Required 19126 Total Spaces Provided 11324 H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-16-26 990 Mt Prospect Pz (CU - Final PUD, Final Plat).docx 4 Cross Access and Cross Parking Easements: The Petitioner requested that the proposed plat of subdivision be allowed to proceed without adding additional cross -parking and cross -access easement language, noting that reciprocal parking and access rights are already established through existing recorded agreements, including the Walmart Covenants, Conditions and Restrictions (CCRs) and the Reciprocal Easement Agreement (REA) with Walgreens. These agreements provide ongoing vehicular and pedestrian access and shared parking rights throughout the shopping center and adjacent properties and are binding on future owners and tenants. Staff has determined that the existing agreements adequately address cross -access and cross -parking and will allow the existing arrangements to remain without requiring additional easement language on the plat, subject to the continued maintenance of such rights through the applicable recorded CCRs and/or REAs. Landscaping: The attached landscape plan illustrate the proposed plantings for the development. The Petitioner proposes to add approximately 48 new deciduous and ornamental trees, 189 new deciduous shrubs, 143 new evergreen shrubs and 74 perennials and groundcover plantings. The Petitioner evaluated the possibility of additional landscaped parking lot islands to more closely align with current code requirements but determined it was not feasible for the Subject Property. The Petitioner has stated that improving the shopping center with additional landscape islands would reduce existing parking counts and would impact underlying cross -parking agreements for tenants within the shopping center and between ownership and neighboring commercial property owners. As part of the planned unit development request, the Petitioner is requesting the following relief from the Landscape requirements: C. An exception from Section 14.2306.B.1 to reduce the perimeter landscaping requirement along North Westgate Road at the southeast corner of the Subject Property from 589 linear feet to 138 linear feet; D. An exception from Section 14.2306.B.1 to reduce the number of required shade trees from twelve (12) to three (3); E. An exception from Section 14.2306.A.1 to reduce the number of required landscape islands to those currently existing on the Subject Property; F. An exception from Section 14.2306.A.2 to reduce the number of required landscape island shade trees from two hundred fifty-one (251) trees to one hundred fourteen (114) trees; G. An exception from Section 14.2306.B.2 to reduce the number of required shade trees and shrubs along Rand Road to zero; and H. An exception from Section 14.2307 to reduce required foundation landscape area to existing conditions. Lighting and Signage: The Petitioner is not proposing changes to the exterior lighting or signage of the existing buildings. Any future exterior lighting or signs for the new outlot building will be subject to compliance with the Village's regulations prior to issuance of a building permit. ADDITIONAL STAFF COMMENTS The proposed PUD and Final Plat of Subdivision were reviewed by the Village's Planning Division, Public Works Department, Legal Counsel, Building Department, and Fire Department. Planning comments primarily relate to the Final Plat and PUD site plan, including identification of all properties and parties associated with the Plaza, and clarification of required building setbacks for the proposed Lots. Public Works had no comments regarding the PUD site plan but requested several revisions to the Final Plat, including consistency between the Lot 1 C boundaries shown on the plat and site plans and revisions to required certificates and signatures. The review comments are attached as Exhibit E, H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-16-26 990 Mt Prospect Pz (CU - Final PUD, Final Plat).docx and all outstanding items shall be addressed as part of the final plan and plat approval process. LONG-RANGE PLANNING The Future Land Use Map in the Village's 2017 Comprehensive Plan designates the Subject Property as"Community Commercial". Primary uses within this category include large format retail, restaurants, and other commercial uses, including all auto oriented uses. Secondary uses include medical, entertainment, hotel, and office uses, high -density residential, as well as plazas, squares, parks, and other gathering spaces. The "Corridor Commercial" land use designation is appropriate for a wide range of uses and developments ranging from big box retail to smaller outlot buildings. The proposed PUD would be consistent with this designation and is appropriate for the area. PUBLIC COMMENT As of this writing, staff has not received public comment on the proposal. STANDARDS AND FINDINGS The Planning and Zoning Commission shall review the standards and findings of fact outlined in Exhibit A and 1) accept them without changes, 2) accept them with changes, or 3) reject the findings. The Planning and Zoning Commission shall use the findings of fact to guide their recommendation to the Village Board. Staff finds that the proposal meets the applicable standards contained in the Mount Prospect Zoning Ordinance. Staff requests that the Planning and Zoning Commission make motion to adoptstaff's findings as the findings of the Planning and Zoning Commission and recommend approval of the following motions: 1. "A Preliminary and Final Plat of Subdivision titled "Mount Prospect Plaza" attached as Exhibit B; 2. A conditional use for a Preliminary and Final Planned Unit Development, subject to the following conditions: a. Development of the site in substantial conformance with the approved development plans which consist of the following: i. "PUD Site Plan", consisting of one (1) sheet, prepared by Blew Surveying and dated 08/19/2026, attached as Exhibit C; and ii. "Landscape Plan", consisting of thirteen (13) sheets, prepared by Kimley-Horn and bearing the latest revision date of 07/10/2026, excerpts of which are attached as Exhibit D. b. Cross -parking and cross -access rights for all lots within the PUD shall be maintained pursuant to the Easement with Covenants, Conditions and Restrictions Affecting Land recorded as Document No. 90474272 ("WaLmart CCRs") and the Reciprocal Easement Agreement recorded as Document No. 17194391138 ("REA"), as applicable. Such rights shall remain in effect for the duration of the PUD and shall not be terminated, amended, or otherwise modified in a manner that would result in noncompliance with the approved PUD or eliminate required cross -parking or cross -access among the lots within the PUD subdivision. c. Outlot Development Schedule. For purposes of Section 14.504(F) of the Village Code, no specific construction schedule shall apply to the newly created outlot, as no specific development or construction project for the outlot is approved as part of this Planned Unit H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-16-26 990 Mt Prospect Pz (CU - Final PUD, Final Plat).docx 6 Development. The establishment and recording of the Final Plat of Subdivision and Final Planned Unit Development shall constitute implementation of the Planned Unit Development. The absence of construction upon the outlot shall not, standing alone, constitute grounds for revocation of the Planned Unit Development pursuant to Section 14.504(F). Any future development of the outlot shall remain subject to all applicable Village approvals and regulations in effect at the time of development. d. Future Development of Outlot. Future development of the newly created outlot shall be considered a minor amendment to the Planned Unit Development, subject to review and approval by the Director of Community Development, provided that the proposed development is generally consistent with the approved Planned Unit Development and utilizes architecture, building materials, colors, massing, landscaping, and site design that are complementary to and compatible with the shopping center. Approval as a minor amendment shall not waive or supersede any otherwise applicable requirement for conditional use approval, variation, or other zoning relief under the Village Code. Any use requiring conditional use approval shall remain subject to the applicable public hearing and Village Board approval requirements. e. Except for the relief granted by the planned unit development, compliance with all applicable development, fire, building, and other Village Codes and regulations is required. The Village Board's decision is final for this case. ATTACHMENTS: ADMINISTRATIVE CONTENT PLANS OTHER (Supplemental Information, (Zoning Request Application, (Plat of Survey, Site Plan, etc.) Public Comments Received, Responses to Standards, etc...) etc...) 1 concur: Jason C Shallcross, Al P, CEcD Director of Community Development H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-16-26 990 Mt Prospect Pz (CU - Final PUD, Final Plat).docx 7 Exhibit A Standards and Findings of Fact CONDITIONAL USE STANDARDS Section 14.203.F.8 of the Village of Mount Prospect Zoning Ordinance provides that a Conditional Use shall conform to the following requirements: 1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare; 2. That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located; 3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; 4. That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided; 5. That adequate measures have been or will betaken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; 6. That the proposed conditional use is not contrary to the objectives of the current comprehensive plan for the village; and 7. That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the planning and zoning commission. Petitioner's Findings: The Petitioner states that approval of the PUD would formalize the existing Mount Prospect Plaza, which has operated for more than twenty years, and help ensure its orderly maintenance and future development. According to the Petitioner, the PUD would not adversely affect public health, safety, or welfare; surrounding properties or property values; or the normal and orderly development of the surrounding area. Rather, approval would allow future development within the Plaza to proceed in a cohesive manner. The Petitioner further states that adequate public utilities, access roads, drainage facilities, and ingress and egress already exist to support the Plaza and accommodate its traffic. The Petitioner also states that the PUD is consistent with the Village's Comprehensive Plan because both the current and future land use plans designate the property for commercial use. Finally, the Petitioner maintains that approval of the PUD will help ensure that the Plaza and future development within it conform to the applicable regulations of the underlying zoning district. Staff's Findings: Staff finds that the conditional use request for a Preliminary and Final PUD is consistent with the Village's Comprehensive Plan and Future Land Use Plan, which designate the Subject Property as "Corridor Commercial". The existing development provides adequate off-street parking and access, and the proposed PUD is not anticipated to create unsafe or inconvenient access, contribute to traffic congestion on surrounding streets, or place an excessive burden on public parks, recreational facilities, schools, or other public facilities serving the development. The Subject Property was originally developed as a shopping center in approximately 1961 and, due to its age and existing development pattern, contains several conditions that do not conform to current Zoning Code requirements, including lot coverage and certain site, perimeter, and foundation landscaping requirements. The proposed PUD recognizes the existing conditions through the flexibility provided by the PUD process, and facilitate the proposed resubdivision of the property into legally established lots of H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-16-26 990 Mt Prospect Pz (CU - Final PUD, Final Plat).docx record. Staff finds that the requested deviations are reasonable given the existing developed condition of the property and would allow for its continued operation and future cohesive redevelopment. Accordingly, Staff finds that the requested PUD and associated exceptions are in the public interest and consistent with the purposes of the Zoning Ordinance and the goals and objectives of the Comprehensive Plan. GENERAL STANDARDS FOR PLANNED UNIT DEVELOPMENTS Section 14.504.A of the Village of Mount Prospect Zoning Ordinance provides that a Planned Development shall conform to the following requirements: 1. Except as modified by and approved in the final Planned Unit Development plan, the proposed development complies with the regulations of the district or districts in which it is to be located. 2. The principal use in the proposed Planned Unit Development is consistent with the recommendations of the Comprehensive Plan of the Village for the area containing the subject site. 3. The proposed Planned Unit Development is in the public interest and is consistent with the purposes of this zoning ordinance. 4. The streets have been designed to avoid: a. Inconvenient or unsafe access to the Planned Unit Development; b. Traffic congestion in the streets which adjoin the Planned Unit Development; c. An excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the Planned Unit Development. Petitioner's Findings: The Petitioner states that the proposed PUD satisfies the applicable general standards because, except for the modifications requested as part of the application, the Subject Property complies with the regulations of the underlying zoning district and will continue to operate substantially as it does today. According to the Petitioner, the Subject Property's mix of commercial and retail uses is consistent with the Village's current and future land use plans, which contemplate continued commercial use of the Subject Property. The Petitioner further maintains that approval of the PUD is in the public interest because it will allow the Subject Property to continue serving Village residents and surrounding communities while accommodating a new retail/service use on proposed Outlot 1 C. Additionally, the Petitioner states that the Subject Property's three existing access points, two along Rand Road and one along Central Avenue, provide adequate ingress and egress to accommodate traffic generated by the development. Staff's Findings: Staff finds that the existing shopping center is consistent with the "Corridor Commercial" designation of the Comprehensive Plan and Future Land Use Plan, and the PUD will formalize existing site conditions while allowing the property to function as a unified commercial development. Through the PUD, existing deviations from current Zoning Code requirements will be incorporated into the overall approval, providing greater clarity for the administration of the site and future development. Staff finds that the proposal does not alter the shopping center's existing access points or overall circulation pattern, and the existing access is adequate to serve the development without creating unsafe conditions or additional congestion on surrounding roadways. Given that the Subject Property is already established, the PUD is also not expected to create additional demands on public parks, recreational facilities, schools, or other public facilities. Except as modified by and approved in the final PUD plan, staff finds that the proposal is consistent with the intent of the PUD regulations, the Zoning Ordinance, and the Village's long-range planning objectives. H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-16-26 990 Mt Prospect Pz (CU - Final PUD, Final Plat).docx STANDARDS FOR PLANNED UNIT DEVELOPMENTS WITH OTHER EXCEPTIONS Section 14.504.0 of the Village of Mount Prospect Zoning Ordinance provides that a Planned Development which does not comply with the requirements of the underlying zoning district's regulations governing lot area, lot width, bulk regulations, parking and sign regulations, or which require modification of the subdivision design standards shall conform to the following requirements: 1. Any reduction in the requirements of this chapter is in the public interest. 2. The proposed exceptions would not adversely impact the value or use of any other property. 3. Such exceptions are solely for the purpose of promoting better development which will be beneficial to the residents or occupants of the planned unit development as well as those of the surrounding properties. 4. In residential planned unit developments the maximum number of dwelling units allowed per acre shall not exceed forty eight (48) units per acre for developments incorporating senior housing or assisted living facilities. 5. All buildings are to be located within the planned unit development in such away as to dissipate any adverse impact on adjoining buildings and shall not invade the privacy of the occupants of such buildings and shall conform to the following: a. The front, side or rear yard setbacks on the perimeter of the development shall not be less than that required in the abutting zoning district(s) or the zoning district underlying the subject site, whichever is greater. b. All transitional yards and transitional landscape yards of the underlying zoning district are complied with. c. If required transitional yards and transitional landscape yards are not adequate to protect the privacy and enjoyment of property adjacent to the development, the Planning and Zoning Commission shall recommend either or both of the following requirements: i. All structures located on the perimeter of the planned unit development must be set back by a distance sufficient to protect the privacy and amenity of adjacent existing uses; ii. All structures located along the entire perimeter of the planned unit development must be permanently screened with sight proof screening in a manner which is sufficient to protect the privacy and amenity of adjacent existing uses. d. The area of open space provided in a planned unit development shall beat least that required in the underlying zoning district. Petitioner's Findings: The Petitioner states that the requested exceptions are in the public interest because they would allow the Subject Property to continue operating substantially as it has for many years while minimizing additional construction that could interfere with existing businesses and on -site traffic circulation. The Petitioner maintains that the exceptions would not adversely affect the value or use of surrounding properties and would promote better, more cohesive future development and maintenance of the Subject Property by consolidating prior approvals and recognizing existing site conditions. The Petitioner further states that the Plaza complies with applicable perimeter setback and open -space requirements and that the existing transitional yards adequately protect the privacy and enjoyment of surrounding properties. Exceptions are requested to reduce perimeter landscaping along North Westgate Road and the required number of parkway trees due to existing site improvements and HAPLAN\Planning & Zoning COMM \P&Z 2026\Staff Repo rts\PZ-16-26 990 Mt Prospect Pz (CU -Fin a[ PUD, Final Plat).docx 10 physical constraints that limit available space for additional landscaping. According to the Petitioner, the existing transitional yards would otherwise be maintained in their current condition. Staff's Findings: Staff finds that the requested PUD and associated exceptions satisfy the applicable standards for Planned Unit Developments with Other Exceptions. The Subject Property is an existing, fully developed commercial shopping center, and the requested deviations are reasonable given the established developed nature of the site. Approval of the PUD would formalize existing site conditions, facilitate the resubdivision of the property into legally established lots of record, and establish a framework for the continued operation and future development of the shopping center. Staff finds that the exceptions would not adversely affect the use or value of surrounding properties, as the existing buildings maintain the required perimeter setbacks and the applicable transitional yards and transitional Landscape yards comply with the requirements of the underlying B-3 District. As part of the PUD, the Petitioner is requesting an exception from the maximum lot coverage requirement to recognize the existing developed condition of the shopping center. Staff finds that the requested exception is appropriate in the context of the overall PUD and will not create additional adverse impacts on surrounding properties. Overall, the PUD and associated exceptions appropriately recognize the existing conditions of the Subject Property while providing greater clarity for its maintenance and future development. Staff therefore finds that the requested exceptions are in the public interest and consistent with the intent and purpose of the Zoning Ordinance. H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-16-26 990 Mt Prospect Pz (CU - Final PUD, Final Plat).docx 11 Exhibit B Preliminary and Final Plat of Subdivision Xn avmaaarrtwa:w �, i V R FA a� �J raw � P�SF �'�•h �,,, ��$ �° R W. � r� � � GY � i u' � L"3 1 UJ i k ty t+7 ;i boa 'In d w ! d ................ ..... ............... 2 (:7 to V2 U2 '�:. v,A U,I aaJ UJ YdA W 4P W W aaJ U l,�N h.M ..'..�� ..... � lar 4ah 4 N tY1 c5 s'� rs u"7� a en e^i Ucli c` C-L"� « alai� r dal N as at a 11XI am lit N a Vj b up pill Jul! HI nil Q [Hil tea" t, �2Mai unit tell oill INI IN; sr 1 �! 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Emerisori Sitreeit, �Mount Prospect, Illinois 600i56 Brendan Pennay Meltzer,, Purtflt, & Bustle LLC 1450 American Lane, Suite 1900 Schaumburg, IL 60173 Via e-mait: b enny.@.m -p .ataw.,.clorn ................ ....... . ........... VILLAGE CLERK Karen Agoranos P,honie: S47/962,-6000 Fax: 1847/962-6022 wwmmountprospect,orig Re: PZ-16-26 (PIZZ26-000015) / CU — Netimlinary & Nnat Pitanned Unlit Development and Finat P'ta�t of Subd[vilsl*on / 9910 Mt Prospect Plia�z,ia / Revilew Comments #2 The Villagle of Mount Prospect has reviewed the submittal for conditional, approval olf a pretiminary and f in�at, planned unit deveLopment and a final ptat of subdivision for the Mount Prospect �PLaza sh�olpiping center at 990 Mt Prospect PLaza (Subject Property), and': below are the following rev,iew comments, from applicable departments.: 2,. Include, a note u:nder Siit�e Information that the foLlowing add�ress,es are, part ' of the Mount Prospect Plazia: 9901�1 14,5 Mit Prospect Pilaza,, 91401 E Riand Rd�, 9510 E Rand Rd,, 990 E Rand Rd 1 1 200�1 220 �E Ce ntria L Rd. (The Village h as, Issued bu s I nessi Li cen�seis u Inde ri th es,e addresses.) H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-1 6-26 990 Mt Prospect Pz (CU - Final PUD, Final Plat).docx 18 Exhibit E Village Review Letter muzfm��M= 101M 3. Add the name and address of the owner of record (Li Mount P,roe pectTH LLC).. OWINER OF RECORD: LBX Mount Prospeic,t'TH LLC 1427MAY SON ST'NIE ATLANTA, GA 3i0324-3903 Please confirm that, the above information is correct. 4. Add) the namie and address of the applicant (MIettzer, PurtilL & Stette Ll-C). APPLICA�N'T-. MELTZER, PURTILL & STLLE LLC 14510 AMERICAN ILAIN E, SUITE 1900 SiCHAUMB,URG, IL 60173 Please confirm thia�t the dove information is correct. 51. The PUD, site plan shalt provide building" setbacks for the following'. a1. The setbackfor ILc 1A along North Westgate Road is 30feet (not 101') as this is a corner Lot. b. Lot 1 A is, missing the interior sideyard setback a l,ongthe east property Line of Lot 1 Bi- c. Lot 1 A is missing the interior s,ide yard setback along', the north property lines of Lots 1 B,, Lot 1 C, Lot, 1 D and Lot 1 E- d. Lot 1 A is missing the Interior side yard setback along the west property line of' Loit e. Lot 1 B, Lot 11 �D a n�d Lot 1 E a rie m issi ng thlei r i nter! or si d e a nd rea r ya rd setbac I(s., I i Publ*ci Woirl<s Department: PW ha�s reviewed the revised PUD Site Plan & Plat of Subdivision submitted for the Dutch Brothers Coffee site proposed at 1000 M�oun�t Prospect Pla�za:. We have no comments, regardingthe PUD Site Plan, except as noted in the comments regarding the Plat of Subdivision below-. 6. The piroposeid property b0iUndariesfor Lot 1C shown on the plat �must match those shown on the site plans. The response frorn Meltzer,, P)urti)L 1& S,tett,e, ILL C notes, that the, site plans wit[ be revised to conform to the revised. 7. Delete the certificate for the Cook Cou�nty Department of Transportation and Highways. 8. Delete the Drainage Certificate, if possible. If th` is certificate is necessary, have the "'Owner's Engineer" sign instead of the Village IEngineer. 9. The surveyor must s,ign &seat the plat., Legal, Divisimn: Finat Plat of Subidivis,ion 10. Under the Cook County Dept of Transportation a1nd Highways Cert, there is an:: erroir.- "...HOWEVER, A HIGHWAY PERMIT, CONFORMING TO THE STANDARDS OF THE COOK COUNTY DEPARTMENT OF TRANSPORTATION AND HIGHWAYS IS REQUIRED BY THE OWNE OF TH E PROPERTY FOR THIS ADiD�RESS. !11 1 H:\PLAN\Ptanning &Zoning COMM\P&Z 2026\Staff Repo rts\PZ- 16-26 990 Mt Prospect Pz (CU - Final PUD, Final Plat).docx 19 Exhibit E Village Review Letter " ... HOWEVER, A HIGHWAY PERMIT, CONFORMING TO THE STANDARDS OF THE COOK COUNTY DEPARTMENT OF TRANSPORTATION AND HIGHWAYS IS REQUIRED BY THE OWNER OFTHE PROPERTY FOR THIS ACCESS.1) 11. My previous comment requested that the old parcel descriptions be included, and to have the new Lots described: "The Plat should include both the current Legal description(s) of the existing parcels and th" Legal, descriptions of the I�,Ltll de Under "LEGAL DESCRIPTION," the Legal comprises the entire area made u�p by the 5 new e Lots, but thnew lots are not described individually. To avoid confusion at the County that new Lots are to be created, rather than having aLL of the previous PINs consolidated, it may be best to describe each new Lot individually or, reference the five new lots andtheir depiction on page 2 of the plat. ee Bepartment: comments. Fire Department: 13. N�o comment] If any changes are requ�ested, please make the changes as noted above and submit a poilnt- by-point response Letter and pdf f iles of the drawins. Please uploe ad revisions into th gportal. Feet freeto contact Ann Choi at (847) 818-5314 /'achoi@mountprospect.org if you have any questions. 1�,', La Jason Shat[cross, IC , CEcD Director, of Community & Economic Development c: Fi Le Village of Mount Prospect H:\PLAN\Ptanning& Zoning COMM\P&Z2026\Staff Reports\PZ-16-26990 Mt Prospect Pz(CU - Fina[PUD, Final Plat).docx 20 Village of Mount, Prospect Community Development Department Em�ierson, Street Pr Mount ospect, Illinois 6,0056 P h o ne: (847) 818­532 8 Zoming �Reliq�luest,Ap�p�l��l'�cat,ion, Officibi Usie Only (T6 be completed� by, Village Staff) 10,/8126 Case Nurnber:� �PZZ26-00,0015 (PZ,11-111 6­26) �Dateof Submission: 06105/2,026 Hearing Date.: Development andi R'nal Plat of Project Mame/Address: PZ-16-26:: 990 Mt Prospect Pz-,. Preliminary and Final Planned Unit 1 Subdivision I., Subject Property 990-1145 Mt. Pro pect, PZ, 9410-19,50 E. Rand Rd, 12001-1220 E. Central Rd', 802 E Rrand Rd 990 A,- dress(es). _PLZ ITit Prospct Zoning District(s) 133 Property Area (SqFt and/or Acreage),-! 151 Parcel Index (PIN(s)�: 03-1315­301-058-0000 03-3115-3021"701411-00001T 03-35-301-056-0000,P 03-35-301-05 and 03-35-302-015-0000 1 Conditional Use:1, For Planned Unit Develoment Variation(s):To Zoning Map,iron endment: Rezone From TO Zoning Text Amend ment: Section(s) Other: Preliminary & Final Plat of Subdivisio,n AL 1111. Summary oll"Proposal (use separate sheet, if necessary) We and a Final Plat are requesting approval of a, New Planned Unit Development for "the Mount Prospect, Plaza, with exceptionsl of Su bd ivisi o n piu risuant, to the encl osed att,ach me nts., M-1 a SM' LMM Namile: Brendan Penny Corporation: Meltzer, Purfill & Stelle LLC Address:, C Statel, ZIP Code: Phone-, Emafl[: Interest in Property: VA, 9, @ =M ' Check if Sam,eas, Applicant Name: LB.X Mount Prospect "TH LLC, A Corporation: Delaware Limited Liability Co. Address: 3,162 Johnson Ferry Road Suite 21,1601-221"1 Phone:Email: In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of the subject property. hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. Applicant: [ZoningPermit:::9724:::79799 WIDTH=OPX HEIGHT=OPX] Date: (Print or Type Name) Brendan Penny If applicant is not property owner: hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and the associated supporting material. Property Owner: (Print or Type Name) Date: Village of Mount Prospect Community Development Department 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone; (847) 818-5328 Affidavit of ownership COUNTY of COOK STATE OFILLINOIS I, a /. lit Q� ,under oath, state that I am (print name) ❑the sole owner of the property �an owner of the property an authorized officer for the owner of the property commonly described 940-1100 E. Rand Road Mount Prospect Plaza (property address and PIN) PIN& 03-35-301-055-0000; 03-35-301-056-0000; 03-35-301-058-0000; and that such property is owned by LBX Mount Prospect TH L.L.0 as of this date. (print name) Signature Subscribed and sworn to before me this J Ty day of 202. RYAN A. KIM Notary Publfc - Calfforafa '001*_ - Los AngVes County Camn�issfon # 2462159 Notary Public "�' My COM Expires se 5 2027 P� Irk Village of Mount Prospect Community Development Department 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone: (847) 818-5328 P:ropecty Owner EZ Check if Same as Applicant Name: LBX Mount Prospect TH LLC Corporation: Address: City, State, ZIP Code: Atia Phone: Email: In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. Applicant: 110&Date: A/rl2e (Signature) P4 OL4 (Print or Type Name) If applicant is not property owner: hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and the associated supporting material. Property Owner: Date! (Signature) ek i /I � O/Oj< (Print or Type Name) Am fir" Pirst'amlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issuing Agent: First American Title Insurance Company National Commercial Services Issuing Office: 950 Main Avenue, Ste 450, Cleveland, OH 44113 Issuing Office's ALTA® Registry ID: 1005190 Commitment Number: NCS-1274823-CLE Issuing Office File Number: NCS-1274823-CLE Property Address: Mount Prospect Plaza, Mount Prospect, IL 60056 Revision Number: Customer Reference: LBX Investments Title Inquiries to: Steve Vogt svogt@firstam.com Escrow Inquiries to: Becky Groetsch rgroetsch@firstam.com SCHEDULE A 1. Commitment Date: August 19, 2025 2. Policy to be issued: a. ALTA® Standard Loan Policy Proposed Insured: To Be Furnished Proposed Amount of Insurance: The estate or interest to be insured: See Item 3 below 3. The estate or interest in the Land at the Commitment Date is: Fee Simple as to Parcel 1; Easement as to Parcels 2 and 3 4. The Title is, at the Commitment Date, vested in: LBX Mount Prospect TH LLC, a Delaware limited liability company 5. The Land is described as follows: Parcel 1: Lot 1 (excepting therefrom those parts thereof taken for the Department of Transportation of the State of Illinois by Condemnation registered as document number LR3201616, and also excepting therefrom that part thereof taken for CENTENNIAL SUBDIVISION by plat registered as Document Number LR3202476) in PLAZA SUBDIVISION, being a subdivision of part of the Southwest Quarter of This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 1 of 24 Am fir" Pirst'amlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) Section 35, Township 42 North, Range 11 East of the Third Principal Meridian, according to the plat thereof registered in the Office of the Registrar of Titles of Cook County, Illinois on July 16, 1979 as Document Number LR3104778; Also excepting therefrom that part of Lot 1 in PLAZA SUBDIVISION aforesaid described as follows: Beginning at the Northwest corner of said Lot 1; thence South 29 Degrees 46 minutes 10 seconds East along the Southwesterly line of said Lot 1, being also the Northwesterly right-of-way line of Rand road -as dedicated by Document number LR3104778, a distance of 296.41 (record 297.66) feet to a point of curvature; thence continuing Southeasterly along said Southwesterly line on a tangential curve, concave to the Northeast, having a radius of 2,072.46 feet, for an arc distance of 730 feet; thence North 20 degrees 56 minutes 31 seconds East, 615.26 feet to the Southwest corner of CENTENNIAL SUBDIVISION, according to the plat thereof registered February 11, 1981 as Document Number LR3202476; thence North 00 degrees 00 minutes 30 seconds East along the West line of CENTENNIAL SUBDIVISION aforesaid, 234.66 feet to a point on the North line of said Lot 1 in PLAZA SUBDIVISION; thence North 89 Degrees 39 minutes 13 seconds West along said North line, 832.35 (record 832.55) feet to the Point of Beginning; Also excepting therefrom: Part of Lot 1, PLAZA SUBDIVISION, in the Southwest Quarter of Section 35, Township 42 North, Range 11 East, East of the Third Principal Meridian, City of Mount prospect, Cook County, Illinois, being more particularly described as: Commencing at the intersection of the West Line of West Gate Road and the North line of East Central Road, thence along said West line, North 617.80 feet to the Point of Beginning; thence N 89 degrees 58 minutes 31 seconds West, 294.97 feet; thence North 26 degrees 41 minutes 42 seconds East, 135.60 feet; thence North 63 degrees 15 minutes 52 seconds West, 389.30 feet; thence North 00 degrees 01 minutes 21 seconds East, 250.91 feet to the South line of Centennial Drive; thence along said South line the following four courses and distances: 1) North 89 Degrees 39 minutes 43 seconds East, 416.97 feet to a point of curvature; 2) 16.23 feet along the arc of a curve to the right, said curve having a radius of 40.00 feet, a central angle of 23 degrees 14 minutes 20 seconds, and a chord that bears South 78 degrees 43 minutes 34 seconds East, 16.11 feet; 3) South 67 degrees 05 minutes 57 seconds East, 135.16 feet; and 4) S 89 degrees 26 minutes 43 seconds East, 24.37 feet to the West line of West Gate Road; thence along said West line, South 493.79 feet to the Point of Beginning. Parcel 1 above also more particularly described, by metes and bounds, as follows: Part of Lot 11 PLAZA SUBDIVISION, in the Southwest Quarter of Section 35, Township 42 North, Range 11 East of the Third Principal Meridian, City of Mount Prospect, Cook County, Illinois being more particularly described as follows: Beginning at the Northwest Corner of West Gate Road and East Central Road; thence North 89 degrees 37 minutes 28 seconds West, 813.32 feet; thence North 56 Degrees 54 minutes 28 seconds West, 419.41 feet; thence North 33 degrees 05 minutes 32 This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 2 of 24 Am fir" Pirst'amlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) seconds East, 35.00 feet; thence North 56 degrees 54 minutes 28 seconds West, 120.0 feet; thence South 33 degrees 05 minutes 32 seconds West, 35.00 feet; thence North 56 Degrees 54 minutes 28 seconds West, 38.52 feet; thence along the arc of a curve to the right having a radius of 2,072.46 feet and along a chord subtended bearing of North 53 degrees 26 minutes 08 seconds West, 252.15 feet; thence North 20 degrees 57 minutes 12 seconds East, 615.30 feet; thence South 89 degrees 37 minutes 28 seconds East, 698.30 feet; thence North 00 degrees 01 minute 21 seconds East, 123.99 feet; thence North 89 Degrees 39 minutes 43 seconds East, 416.97 feet; thence along the arc of a curve to the right having a radius of 40.00 feet and a long chord subtended bearing of South 78 degrees 43 minutes 34 seconds East, 16.11 feet; thence South 67 degrees 05 minutes 57 seconds East, 235.16 feet; thence South 89 degrees 26 minutes 43 seconds East, 24.37 feet; thence South 00 degrees 00 minutes 00 seconds West, 1,111.59 feet to the Point of Beginning. Less and except: Part of Lot 11 PLAZA SUBDIVISION, in the Southwest Quarter of Section 35, Township 42 North, Range 11 East, East of the Third Principal Meridian, City of Mount Prospect, Cook County, Illinois, being more particularly described as: Commencing at the intersection of the West Line of West Gate Road and the North line of East Central Road, thence along said West line, North 617.80 feet to the Point of Beginning; thence N 89 degrees 58 minutes 31 seconds West, 294.97 feet; thence North 26 degrees 41 minutes 42 seconds East, 135.60 feet; thence North 63 degrees 15 minutes 52 seconds West, 389.30 feet; thence North 00 degrees 01 minutes 21 seconds East, 250.91 feet to the South line of Centennial Drive; thence along said South line the following four courses and distances: 1) North 89 Degrees 39 minutes 43 seconds East, 416.97 feet to a point of curvature; 2) 16.23 feet along the arc of a curve to the right, said curve having a radius of 40.00 feet, a central angle of 23 degrees 14 minutes 20 seconds, and a chord that bears South 78 degrees 43 minutes 34 seconds East, 16.11 feet; 3) South 67 degrees 05 minutes 57 seconds East, 135.16 feet; and 4) S 89 degrees 26 minutes 43 seconds East, 24.37 feet to the West line of West Gate Road; thence along said West line, South 493.79 feet to the Point of Beginning. Further excepting therefrom that portion deeded to the Village of Mount Prospect, a Municipal Corporation for public road purposes by Warranty Deed recorded May 26, 2022 as Document No. 2214619024. Parcel 2: Non-exclusive easement for the benefit of Parcel 1 for ingress and egress, parking of motor vehicles, loading and unloading of commercial and other vehicles, and for the use of roadways, walkways, and facilities installed for the comfort and convenience of customers, invitees, licensees, tenants and employees of all businesses and occupants of the improvements as granted by Easements with Covenants, Conditions and Restrictions affecting land dated September 28, 1990 by and between Mount Prospect Plaza Limited partnership, an Illinois Limited partnership, and Wal-Mart Stores, Inc., a Delaware corporation recorded in the Office of the Recorder of Deeds of Cook County, Illinois on This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 3 of 24 Am fir" Pirst'amlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) September 28, 1990 as document Number 90474272, over and across those portions of the following described "Wal-Mart Parcel" as defined therein designated as parking areas: That part of Lot 1 (excepting therefrom those parts thereof taken for the Department of Transportation by Condemnation Registered as Document Number LR3201616, and also excepting therefrom that part thereof taken for CENTENNIAL SUBDIVISION by plat registered as Document Number LR3202476) in PLAZA SUBDIVISION, being a subdivision of part of the Southwest 1/4 of Section 35, Township 42 North, Range 11, East of the Third Principal Meridian, according to plat thereof registered in the Office of the Registrar of Titles of Cook County, Illinois, on July 16, 1979 as Document Number LR3104778 described as follows: Beginning at the Northwest corner of said Lot 1; thence South 29 Degrees 46 minutes 10 seconds East along the Southwesterly line of said Lot 1, being also the Northeasterly right-of-way line of Rand road as dedicated by Document Number 3104778, a distance of 296.41 (record 297.66) feet to a point of curvature; thence continuing Southeasterly along said Southwesterly line on a tangential curve, concave to the Northeast, having a radius of 2,072.46 feet, for an arc distance of 730 feet, thence North 20 degrees 56 minutes 31 seconds East, 615.26 feet to the Southwest corner of CENTENNIAL SUBDIVISION, according to the plat thereof registered February 11, 1981 as Document LR3202476; thence North 00 degrees 00 minutes 30 seconds East along the West line of CENTENNIAL SUBDIVISION aforesaid, 234.66 feet to a point on the North line of said Lot 1 in PLAZA SUBDIVISION; thence North 89 Degrees 39 minutes 13 seconds West along said North line, 832.35 (record 832.55) feet to the Point of Beginning). Parcel 3: Non-exclusive easement for the benefit of Parcel 1 for installation, maintenance, repair and replacement of all subsurface lines and conduits for watermains, sanitary sewer lines, storm sewers and related accessory facilities together with all surface storm water detention areas, including, but not limited to, retention ponds existing or to be constructed, as granted by Easements with Covenants, Conditions and Restrictions affecting land dated September 28, 1990 by and between Mount Prospect Plaza limited partnership, an Illinois limited partnership, and Wal-Mart Stores, Inc., a Delaware corporation, recorded in the Office of the Recorder of Deeds of Cook County, Illinois on September 28, 1990 as document number 90474272, over, across and under those portions of the following described "Wal-Mart Parcel", as defined therein designated as utility easement area described on exhibit "E" thereto: That part of Lot 1 (excepting therefrom those parts thereof taken for the Department of Transportation by Condemnation Registered as Document Number LR3201616, and also excepting therefrom that part thereof taken for CENTENNIAL SUBDIVISION by plat registered as Document Number LR3202476) in PLAZA SUBDIVISION, being a subdivision of part of the Southwest 1/4 of Section 35, Township 42 North, Range 11, East of the Third Principal Meridian, according to plat thereof registered in the Office of the Registrar of Titles of Cook County, Illinois, on July 16, 1979 as Document Number LR3104778 described as follows: This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 4 of 24 Am fir" Pirst'amlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) Beginning at the Northwest corner of said Lot 1; thence South 29 Degrees 46 minutes 10 seconds East along the Southwesterly line of said Lot 1, being also the Northeasterly right-of-way line of Rand Road as dedicated by Document Number 3104778, a distance of 296.41 (record 297.66) feet to a point of curvature; thence continuing Southeasterly along said Southwesterly line on a tangential curve, concave to the Northeast, having a radius of 2,072.46 feet, for an arc distance of 730 feet, thence North 20 degrees 56 minutes 31 seconds East, 615.26 feet to the Southwest corner of CENTENNIAL SUBDIVISION, according to the plat thereof registered February 11, 1981 as Document LR3202476; thence North 00 degrees 00 minutes 30 seconds East along the West line of CENTENNIAL SUBDIVISION aforesaid, 234.66 feet to a point on the North line of said Lot 1 in PLAZA SUBDIVISION; thence North 89 Degrees 39 minutes 13 seconds West along said North line, 832.35 (record 832.55) feet to the Point of Beginning. THIS COMMITMENT IS VALID ONLY IF SCHEDULE B IS ATTACHED This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 5 of 24 Am fir" Pirst'amlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) Commitment No. NCS-1274823-CLE SCHEDULE 6, PART I —Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. The Land covered by this Commitment is subject to the Predatory Lending Database Program (765 ILCS 77/70 et seq.). Effective July 1, 2008, valid Certificates of Compliance or Exception Issued in conformity with the act must be obtained at the time of closing in order to record any Mortgage. For additional information, go to https://www.ilapld.com/. Effective July 1, 2010, the counties affected are Cook, Will, Kane and Peoria. 6. The Land is located within Cook, DuPage, Grundy, Jackson, Kane, Kankakee, Lake, La Salle, Logan, McDonough, McLean, Madison, Marion, Ogle, Peoria, Rock Island, Sangamon, Tazewell, Whiteside, Winnebago or Woodford counties which use the MyDec system for the completion of the state and county transfer tax forms. As of January 1, 2016, The City of Chicago Transfer Tax declaration must be completed in the MyDec system. The form and instructions can be found at https://mytax.illinois.gov/MyDec/_/. Note: If the county is listed in MyDec, but the municipality is not, you may prepare your State and County Declaration with this site. However, you must contact the municipality for their current procedures and requirements. 7. Release of Mortgage dated August 18, 2022 and recorded August 24, 2022 as Document 22236100821 made by LBX Mount Prospect TH LLC, to Illinois Bank & Trust, an Illinois state chartered bank, a subsidiary of Heartland Financial USA, Inc., its successors and assigns as administrative agent, to secure an indebtedness in the amount of , not to exceed in the amount of , and the terms and conditions thereof. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 6 of 24 Am fir" Pirst'amlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) 8. Release of Assignment of Rents made by LBX Mount Prospect TH LLC to Illinois Bank & Trust, an Illinois state chartered bank, a subsidiary of Heartland Financial USA, Inc., its successors and assigns as administrative agent recorded August 24, 2022 as document 2223610083. 9. Termination of Security interest of Illinois Bank & Trust as Administrative Agent, secured party, in certain described chattels on the land, as disclosed by Financing Statement executed by LBX Mount Prospect TH LLC, debtor, recorded on August 24, 2022 as document 2223610084. 10. The interest of Mount Prospect Plaza, shown as tax assessee should be explained. This commitment is subject to such further exceptions, if any, as may be deemed necessary. (Affects Pins: 03-35-301-055-0000, 03-35-301-056-0000 and 03-35-302-015-0000) 11. We should be furnished either (a) an affidavit from the owner indicating that there is no property manager employed; or (b) a final lien waiver from the property manager acting on behalf of the owner. 12. Note: Extended coverage will be considered for the loan policy upon review and acceptance of the following: A. A properly executed ALTA Extended Coverage Statement. B. We should be informed whether the proceeds of the loan are to be used for financing new improvements to the subject property. If new improvements are involved, we will require customary contractors' statements, lien waivers and a current survey for any structural additions. 13. This Company must be provided with the following for LBX Mount Prospect TH LLC, a Delaware limited liability company , for review, prior to closing: 1. Articles of Organization and all amendments thereto. 2. Operating Agreement authorizing the sale or encumbrance of the property described under Schedule A hereof and setting forth the Entity authorized to act on behalf of said limited liability company in this transaction. 3. Current Certificate of Good Standing for said limited liability company from the jurisdiction in which the limited liability company is chartered and evidence of authority to conduct business in the State of Illinois, if applicable. 4. Receipt of an Affidavit signed by all members of the limited liability company certifying that: i. They are the only members at the date of execution and delivery of the instrument(s) required herein; ii. That said company has not been dissolved by a voluntary act; iii. That said execution and delivery of the instruments required in the transaction to be insured are in accordance with all operative terms of the Operation Agreement of said company. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 7 of 24 AM fir" Pirst'A.Mlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) 14. Submit proof satisfactory to the Company of completion of improvements, including tenant improvements, and satisfactory evidence that all contracts for labor, materials and services have been paid in full. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 8 of 24 Am fir" Pirst'amlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) Commitment No. NCS-1274823-CLE SCHEDULE B, PART II —Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment (of existing improvements located on the Land onto adjoining land or of existing improvements located on adjoining land onto the Land), encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien or right to a lien for services, labor, material or equipment, unless such lien is shown by the Public Records at Date of Policy and not otherwise excepted from coverage herein. 5. Taxes, or special assessments, if any, not shown as existing liens by the Public Records. 6. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I —Requirements are met. 7. General real estate taxes for the year(s) 2024 (Final Installment), 2025 and subsequent years. The first installment of the 2024 taxes in the amount of $12,678.89 is Paid. The final installment of the 2024 taxes and the 2025 taxes are not yet ascertainable or payable. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 9 of 24 AM fir" Pirst'A.Mlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) Permanent Index Number: 03-35-301-055-0000 Vol. 235 If applicable, an original tax bill must be presented if taxes are to be paid at time of closing. (Affects Part of the land) 8. General real estate taxes for the year(s) 2024 (Final Installment), 2025 and subsequent years. The first installment of the 2024 taxes in the amount of $52,555.50 is Paid. The final installment of the 2024 taxes and the 2025 taxes are not yet ascertainable or payable. Permanent Index Number: 03-35-301-056-0000 Vol. 235 If applicable, an original tax bill must be presented if taxes are to be paid at time of closing. (Affects Part of the land) 9. General real estate taxes for the year(s) 2024 (Final Installment), 2025 and subsequent years. The first installment of the 2024 taxes in the amount of $1,035,226.99 is Paid. The final installment of the 2024 taxes and the 2025 taxes are not yet ascertainable or payable. Permanent Index Number: 03-35-301-058-0000 Vol. 235 If applicable, an original tax bill must be presented if taxes are to be paid at time of closing. (Affects Part of the land) 10. General real estate taxes for the year(s) 2024 (Final Installment), 2025 and subsequent years. The first installment of the 2024 taxes in the amount of $39,686.37 is Paid. The final installment of the 2024 taxes and the 2025 taxes are not yet ascertainable or payable. Permanent Index Number: 03-35-302-014-0000 Vol. 235 If applicable, an original tax bill must be presented if taxes are to be paid at time of closing. (Affects Part of the land) 11. General real estate taxes for the year(s) 2024 (Final Installment), 2025 and subsequent years. The first installment of the 2024 taxes in the amount of $13,620.59 is Paid. The final installment of the 2024 taxes and the 2025 taxes are not yet ascertainable or payable. Permanent Index Number: 03-35-302-015-0000 Vol. 235 This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 10 of 24 Am fir" Pirst'amlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) If applicable, an original tax bill must be presented if taxes are to be paid at time of closing. (Affects Remainder of the land) 12. Terms, provisions and conditions contained in Lease by and between Mount Prospect Plaza Owner, LLC, Lessor, and JPMorgan Chase Bank, N.A., Lessee, dated March 23, 2011 as disclosed by a Memorandum of Lease recorded April 15, 2011 as document 1110529024, and all rights thereunder of and all acts done and suffered thereunder of said lessee or any parties claiming by, through or under said lessee. Note: Said lease initial term is twenty (20) years. Note: Said lease provides four (4) options to extend the term for periods of five (5) years each. (Affects PIN 03-35-301-056-0000, see document for further particulars) 13. Terms, provisions and conditions contained in Lease by and between Mount Prospect Plaza Owner, LLC, Lessor, and Ross Dress for Less, Inc., Lessee, dated February 07, 2012 as disclosed by a Memorandum of Lease recorded March 9, 2012 as document 1206919033, and all rights thereunder of and all acts done and suffered thereunder of said lessee or any parties claiming by, through or under said lessee. Note: Said lease initial term is ten (10) years. Note: Said lease provides four (4) options to extend the term for periods of five (5) years each. (Affects a portion of PIN 03-35-301-058-0000, see document for further particulars) 14. Terms, provisions and conditions contained in Lease by and between Mt. Prospect Plaza Owner, LLC, Lessor, and Fitness International, LLC, Lessee, dated July 25, 2012 as disclosed by a Memorandum of Lease recorded October 22, 2012 as document 1229619013, and all rights thereunder of and all acts done and suffered thereunder of said lessee or any parties claiming by, through or under said lessee. Note: Said lease initial term is fifteen (15) years. Note: Said lease provides three (3) options to extend the term for periods of five (5) years each. (Affects a portion of PIN 03-35-301-058-0000, see document for further particulars) 15. Terms, provisions and conditions contained in Lease by and between Mount Prospect Plaza Owner, LLC, Lessor, and Aldi Inc., Lessee, dated August 22, 2012 as disclosed by a Memorandum of Lease This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 11 of 24 Am fir" Pirst'amlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) recorded March 28, 2013 as document 1308719004, and all rights thereunder of and all acts done and suffered thereunder of said lessee or any parties claiming by, through or under said lessee. Note: Said lease initial term is fifteen (15) years. Note: Said lease provides two (2) options to extend the term for periods of five (5) years each. (Affects a portion of PIN 03-35-301-058-0000, see document for further particulars) 16. Terms, provisions and conditions contained in Lease by and between Cermak Plaza, Inc., Mt. Prospect Plaza Division, Lessor, and Marshall's of Mt. Prospect, Inc., Lessee, dated November 30, 1976 as disclosed by a Memorandum of Lease recorded April 1, 1977 as document LR2929296, and all rights thereunder of and all acts done and suffered thereunder of said lessee or any parties claiming by, through or under said lessee. Note: Said lease initial term is fifteen (15) years with no stated provisions for extension of the term. (Affects a portion of PIN 03-35-301-058-0000, see document for further particulars) 17. Terms, provisions and conditions contained in Lease by and between Cermak Plaza, Inc., Mount Prospect Plaza Division, Lessor, and St. Paul Federal Savings and Loan Association, Lessee, dated October 271 1975 as disclosed by a Ground Lease recorded March 5, 1980 as document LR3148567, and all rights thereunder of and all acts done and suffered thereunder of said lessee or any parties claiming by, through or under said lessee. Note: Said lease initial term is ten (10) years. Note: Said lease provides option to renew the lease for two (2) additional consecutive periods of ten (10) years each. Lease Modification Agreement dated March 6, 1979 and filed March 5, 1980 as document LR3148568. (Affects PINS 03-35-302-015-0000 & 03-35-301-055-0000, see document for further particulars) 18. Terms, provisions and conditions contained in Lease by and between Maisel & Associates of Michigan, Lessor, and K Mart Corporation, Lessee, dated June 15, 1978 as disclosed by a Memorandum of Lease recorded December 3, 1980 as document LR3191752, and all rights thereunder of and all acts done and suffered thereunder of said lessee or any parties claiming by, through or under said lessee. Note: Said lease initial term is twenty-five (25) years. Note: Said lease provides ten (10) options to extend the term for periods of five (5) years each. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 12 of 24 Am fir" Pirst'amlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) First Amendment to Sublease dated April 9, 1980. Second Amendment to Sublease dated May 22, 1980. Third Amendment to Sublease dated March 25, 1981. Fourth Amendment to Lease dated April 3, 1985 and filed December 26, 1985 as document LR3486210. Assignment of Lease from K Mart Corporation to Walgreen Co., dated April 3, 1985 and filed December 26, 1985 as document LR3486211. Assignment and Assumption Agreement Relating to Sublease Agreement made by and between Maisel & Associates of Michigan limited partnership ("Assignor") and Mount Prospect Plaza limited partnership ("Assignee") filed November 2, 1987 as document LR3664122 and recorded November 2, 1987 as document 87590509. Fifth Amendment to Lease dated August 31, 1987 and filed January 19, 1988 as document LR3681903. (This Exception affects the insured property solely with respect to rights of the adjacent property to easements and common areas on the insured property herein, see document for further particulars) 19. Terms, provisions and conditions contained in Lease by and between Ramco-Gershenson Properties, L.P., Lessor, and AutoZone Parts, Inc., Lessee, dated February 6, 2016 as disclosed by a Short Form Lease recorded March 10, 2017 as document 1706929046, and all rights thereunder of and all acts done and suffered thereunder of said lessee or any parties claiming by, through or under said lessee. Note: Said lease initial term is ten (10) years with details for options to extend of the term contained in the lease. (Affects all parcels) 20. Terms, provisions and conditions contained in Lease by and between RPT Realty, L.P., Lessor, and Burlington Coat Factory of Texas, Inc., Lessee, dated February 28, 2019 as disclosed by a Memorandum of Lease recorded February 24, 2020 as document 2005515213, and all rights thereunder of and all acts done and suffered thereunder of said lessee or any parties claiming by, through or under said lessee. Note: Said lease initial term is ten (10) years. Note: Said lease provides four (4) options to extend the term for periods of five (5) years each. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 13 of 24 Am fir" Pirst'amlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) Assignment of Lease dated August 18, 2022 and recorded August 24, 2022 as Document No. 2223610081. (Affects a portion of PIN 03-35-301-058-0000, see document for further particulars) 21. Terms, provisions and conditions of the Agreement made by and between Mount Prospect Plaza Limited Partnership and Walgreen Co., dated July 21, 1988 and filed November 21, 1988 as document LR3754847. (This Exception affects the insured property solely with respect to the rights of the adjacent property to easements and common areas on the insured property herein, see document for further particulars) 22. Terms and provisions of Hold Harmless Agreement executed by Mount Prospect Plaza Limited Partnership in favor of the Village of Mount Prospect dated March 9, 1993 and recorded April 13, 1993 as document 93269218. (Affects a portion of PIN 03-35-301-058-0000, see document for further particulars) 23. Information and disclosures contained in Environmental Disclosure Document for Transfer of Real Property recorded February 1, 1996 as document 96086396. Note: The foregoing is provided for informational purposes only, as the document appears of record and includes a description of the land or a part thereof. (Affects the land and other property) 24. The fact, as disclosed by that certain document or documents recorded February 1, 1996 as document 96086396 of Official Records, that some violation of environmental protection laws may have occurred which may affect the land. (Affects the land and other properly) 25. Easement in favor of Public Service Company of Northern Illinois, its successors and assigns, for the purpose of laying, maintaining and operating an 18 inch gas main and appurtenances filed April 4, 1946 as document LR1092376. (For further particulars, see document) This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 14 of 24 Am fir" Pirst'amlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) 26. Easement in favor of Public Service Company of Northern Illinois, its successors and assigns, for the purpose of laying, maintaining and operating gas utility equipment filed June 4, 1947 as document LR1152244. (For further particulars, see document) 27. Fifteen foot easement in favor of Commonwealth Edison Company and Illinois Bell Telephone Company, and/or their successors in interest, for pole lines, conduits and maintenance purposes granted by document LR1952274, filed on November 16, 1960, and the terms and conditions thereof, also shown on the plat of subdivision filed July 16, 1979 as document LR3104778. (Affects all parcels) 28. Grant of Easement in favor of the Village of Mount Prospect, 10 foot wide, for water lines and fire hydrants as shown on the plat attached to the instrument recorded July 9, 1962 as document 18526539. (Affects all parcels) 29. Easement in favor of Illinois Bell Telephone Company and Commonwealth Edison Company for the purpose of installation, maintenance, relocation, etc., of telephone and electrical utility equipment dated October 1, 1964 recorded December 23, 1964 as document 19340603. (Affects a portion of PIN 03-35-301-058-0000, see document for further particulars) 30. Grant of Easement in favor of the Village of Mount Prospect, 10 foot wide, for the right, privilege and easement to construct and maintain underground water mains as shown on the plat attached to the instrument recorded February 19, 1969 as document 20761400. (Affects a portion of PIN 03-35-301-058-0000, see document for further particulars) 31. Easement in favor of the Commonwealth Edison Company, the Illinois Bell Telephone Company and Northern Illinois Gas Company, Village of Mount Prospect for the purpose of maintenance of electric, telephone and gas systems appurtenances, maintenance of water mains etc., as shown on the plat filed July 16, 1979 as document LR3104778 as amended by Easement Agreement executed by Cermak Plaza, Inc., Village of Mount Prospect and Maisel and Associates of Michigan, filed August 19, 1980 as document LR3173793 for the purpose of constructing, maintaining, replacing and renewing water main etc., said agreement vacated certain limited portions of easement areas granted in the Plat of Plaza Subdivision to the Village of Mount Prospect and granted compensating easement areas. (For further particulars, see document) This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 15 of 24 Am fir" Pirst'amlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) 32. Easement in favor of Commonwealth Edison Company and Illinois Bell Telephone Company for underground transmission and distribution of electricity, sounds and signals and incidental purposes recorded September 14, 1987 as document 87502336 and filed January 11, 1988 as document LR368O217. (Affects a portion of PIN 03-35-301-058-0000, see document for further particulars) 33. Ten foot easement in favor of the Commonwealth Edison Company and the Illinois Bell Telephone Company for underground transmission and distribution of electricity, sounds and signals, and incidental purposes filed March 2, 1988 as document LR3691163. (Affects a portion of PIN 03-35-301-058-0000, see document for further particulars) 34. Ten foot easement in favor of the Commonwealth Edison Company and the Illinois Bell Telephone Company for underground transmission and distribution of electricity, sounds and signals, and incidental purposes filed September 19, 1988 as document LR374O125. (Affects PIN 03-35-301-056-0000 & 03-35-301-058-0000, see document for further particulars) 35. Ten foot easement in favor of Northern Illinois Gas Company for the installation, relocation, renewal and removal of gas mains and appurtenances dated June 10, 1988 and recorded September 30, 1988 as document 88450089. (Affects a portion of PIN 03-35-301-058-0000, see document for further particulars) 36. Twenty foot easement in favor of the Village of Mount Prospect for water service, valves and hydrants affecting said land and other property as shown on the Plat of Easements recorded May 11, 1989 as document 89214371. (Affects a portion of PIN 03-35-301-058-0000, see document for further particulars) 37. Easements, covenants, conditions, and restrictions contained in Easements With Covenants, Conditions and Restrictions Affecting Land dated September 28, 1990 and recorded September 28, 1990 as document 90474272 for parking, access, ingress, and egress, etc., and the further provisions contained therein. First Amendment to Easements with Covenants, Conditions and Restrictions Affecting Land recorded February 24, 2009 as Document No. 0905556000, and the terms and conditions therein contained. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 16 of 24 Am fir" Pirst'amlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) Easement Holder's Partial Release, Subordination to Permanent Easement and Consent to Temporary Construction Easement recorded May 26, 2022 as Document No. 2214619027, and the terms and conditions therein contained. (For further particulars, see document) 38. Easements for water main and sanitary sewer and incidental purposes affecting portions of said land as shown and described on the Easement Plat recorded June 25, 1992 as document 92461457. (Affects portion of PIN 03-35-301-058-0000 & 03-35-302-014-0000, see document for further particulars) 39. Terms, conditions and provisions of Ordinance No. 5246 entitled An Ordinance Granting a Conditional Use Permit for Property Commonly Known as 1018 Mount Prospect Plaza recorded as document 0020583327. (Affects the land and other property) 40. Terms, conditions and provisions of Ordinance No. 5820 entitled An Ordinance Granting a Conditional Use Permit for Property Located at 950 East Rand Road, Mount Prospect, Illinois recorded as document 1034931120. (Affects PIN 03-35-301-056-0000, see document for further particulars) 41. Terms, conditions and provisions of Resolution No. R27SR-01 (Variation) for property at 1008 Mount Prospect Plaza, Rand Road, Mount Prospect, Illinois for conditional use permit recorded as document 0011210691. (Affects the land and other property) 42. Terms, provisions, conditions and limitations of Environmental No Further Remediation Letter recorded March 14, 2002 as document 0020292186. (Affects a portion of PIN 03-35-301-058-0000, see document for further particulars) 43. The fact, as disclosed by that certain document or documents recorded March 14, 2002 as document 0020292186 of Official Records, that some violation of environmental protection laws may have occurred which may affect the land. (Affects a portion of PIN 03-35-301-058-0000, see document for further particulars) This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 17 of 24 Am fir" Pirst'amlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) 44. Terms, provisions, conditions and limitations of Environmental No Further Remediation Letter recorded April 6, 2011 as document 1109631066. (Affects a portion of PIN 03-35-301-055-0000 and 03-35-302-015-0000, see document for further particulars) 45. The fact, as disclosed by that certain document or documents recorded April 6, 2011 as document 1109631066 of Official Records, that some violation of environmental protection laws may have occurred which may affect the land. (Affects a portion of PIN 03-35-301-055-0000 and 03-35-302-015-0000, see document for further particulars) 46. Terms, conditions and provisions of Ordinance No. 6148 entitled An Ordinance Granting a Conditional Use Permit for a Final Planned Unit Development, Conditional Use for a Drive- Through Establishment & Variation for Property Located at Mount Prospect Plaza. (990-1145 Mt. Prospect Plaza, 940-950 East Rand Road and 1200-1220 East Central Road, Mount Prospect, IL) recorded as document 1420234072. (Affects the land and other property) 47. Terms, conditions and provisions of Ordinance No. 6205 entitled An Ordinance Amending Ordinance No. 6148 Granting a Conditional Use Permit for a Final Planned Unit Development, Conditional Use for a Drive -Through Establishment & Variation for Property Located at 990-1145 Mt. Prospect Plaza, 940-950 East Rand Road and 1200-1220 East Central Road, Mount Prospect, Illinois recorded as document 1523034052. (Affects the land and other properly) 48. Terms, conditions and provisions of Resolution No. R-05-15, Resolution Approving Findings of Fact, recorded August 11, 2015 as document 1522329105. (Affects a portion of PIN 03-35-301-058-0000, see document for further particulars) 49. Reciprocal Easement Agreement recorded July 13, 2017 as document 1719439138, and the terms, provisions and conditions contained therein. (Affects the land and other property) 50. Map survey recorded on February 08, 2021 as document no. 2103916089. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 18 of 24 Am fir" Pirst'amlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) (For further particulars, see document) 51. Permanent Easement recorded May 26, 2022 as Document No. 2214619025, and the terms and conditions therein contained. Scrivener's Affidavit recorded December 09, 2022 as Document No. 2234322021. (For further particulars, see document) 52. Temporary Construction Easement recorded May 26, 2022 as Document No. 2214619026, and the terms and conditions therein contained. (For further particulars, see document) 53. Unrecorded Easement Agreement (Comcast 990-1141), dated October 24, 2014, entered into by Comcast Cable Communications Company, a Delaware limited liability company, itself and on behalf of its affiliates, and Assignor, as successor to Ramco-Gershenson Properties, L.P., a Delaware limited partnership, as disclosed by prior title evidence. 54. Unrecorded Easement Agreement (Comcast — Panda Express A100), dated March 5, 2015, entered into by Comcast Cable Communications Company, a Delaware limited liability company, itself and on behalf of its affiliates, and Assignor, as successor to Ramco-Gershenson Properties, L.P., a Delaware limited partnership, as disclosed by prior title evidence. 55. Unrecorded Access Agreement (US Bank), dated October 6, 2020, entered into by Comcast Cable Communications Management, LLC, a Delaware limited liability company, itself and on behalf of its affiliates, and Assignor, as disclosed by prior title evidence. 56. The Ross Restrictions as disclosed in Special Warranty Deed recorded August 24, 2022 as document 2223610080, and the terms and conditions set forth therein. 57. Terms, provisions and conditions contained in Plat of Highways recorded February 02, 2023 as document number 2303322018. (See plat for exact location) 58. Terms, conditions and provisions of Ordinance No. 6655 entitled An Ordinance Granting a Conditional Use Permit to Operate a Massage Therapy Establishment at 1212 East Central Avenue, Suite A, (1028 Mt. Prospect Plz Suite A-110) Mount Prospect, Illinois recorded as document 2304157041. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 19 of 24 Am fir" Pirst'amlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) 59. Terms, conditions and provisions of Ordinance No. 6756 entitled An Ordinance Granting Conditional Use (Drive - Through Lanes) for the property located at 950 East Rand Road, Mount Prospect, Illinois recorded as document 2433820318. 60. Survey prepared by Robert J. Winnicki, on behalf of Blew & Associates, P.A., dated June 22, 20221 last revised August 17, 2022, under Job No. 22-4709, shows the following: a) Signs located southeast of the Subject Property, ownership unknown; b) Signs located north of the Subject Property, ownership unknown; and c) Utilities located on the Subject Property without the benefit of a recorded easement. 61. Rights of the adjoining owners in and to the concurrent use of said easement described in Schedule A. 62. Existing unrecorded leases, if any, and rights of all parties claiming thereunder. End of Schedule B Sv This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; 5chedule A; 5chedule B, Part I —Requirements; and 5chedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 20 of 24 Am fir" Pirst'amlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) ALTA COMMITMENT FOR TITLE INSURANCE issued by FIRST AMERICAN TITLE INSURANCE COMPANY NOTICE IMPORTANT —READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I —Requirements; Schedule B, Part II —Exceptions; and the Commitment Conditions, First American Title Insurance Company, a Nebraska Corporation (the ""Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I —Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. 'T AIM E R ICAN "TITLE INSURANCE COMF I Y v u ally F yler, P°residei°it Lisa, W Cori°iehI S acretar This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 21 of 24 Am fir" Pirst'amlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) COMMITMENT CONDITIONS 1. DEFINITIONS a. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b. "Knowledge" or "'Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. C. 'Land": The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term ""Land" does not include any property beyond that described in Schedule A. nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e. "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f. "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. h. "Public Records": The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term "Public Records" does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term ""State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j. "Title": The estate or interest in the Land identified in Item 3 of Schedule A. 2. If all of the Schedule 6, Part I —Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: a. the Notice; b. the Commitment to Issue Policy; C. the Commitment Conditions; d. Schedule A; This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 22 of 24 Am fir" Pirst'amlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) e. Schedule B. Part I —Requirements; and f. Schedule B. Part II —Exceptions; and g. a counter -signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. S. LIMITATIONS OF LIABILITY a. The Company's liability under Commitment Condition 4 is limited to the Proposed Insured"s actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: i. comply with the Schedule B, Part I —Requirements; ii. eliminate, with the Company's written consent, any Schedule B, Part II —Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. C. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d. The Company's liability does not exceed the lesser of the Proposed Insured"s actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e. The Company is not liable for the content of the Transaction Identification Data, if any. f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B. Part I —Requirements have been met to the satisfaction of the Company. g. The Company's liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. C. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or This page is only apart of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 23 of 24 Am fir" Pirst'amlerl"can Commitment for Title Insurance Illinois - 2021 v. 01.00 (07-01-2021) oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part II —Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for closing, settlement, escrow, or any other purpose. S. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10. CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. 11. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50128017 (6-7-22) Page 24 of 24 IF PAYIN GLATEE PLEASE PAY 2025 First Installment Property Tax Bit! -Cook,Coin ty Electronic Bill I Property, InNum dex ber(PIN) Vollurne, Code Tax Year �Pification ajyable In) Township Class 0 3-35-301 -055-0000 235, 38,098 2025 (2026) Wheeling 5-28 0,710,212-0,26-0810112026 08102/2026 - 09/01/2026 09/0212026, - 101,011,Q026 LATE INTEREST IS 0.75%, PER U..'Do $0.00 MONTHy BY STATE ILAW Pen,zilon and Amount of % of Pensj,on and Monley Owed by, Healthcare Amounts, Pension and al `hear Costs Your, "Taxing Promized by Your, Heal'thIcare, Tax,ingg IDistficts Your "Tax i'ng'Districts Distuicts, Taking Wstricts Shortage Can Pay NORTHWES" T MOSQUITO ABATEMEIT` 131STRIC, T $31621,7,063 $191F328JI16112 $696,F896 92.53% METRO WATER RECLAMATION DIST OF,G y 7,' I ' 1 0 Y303,725851100101 56.28% CHGO MT` PROSPECT,,"PARK DISTRICT $347898,7393, $37JI2957607 $25280,5199 93.89% A RLINGTON HT'S'TW'NSHIP H S 214 46,7507, $887 7 $302211991024 F $0, 100,2911 % SCHOOL D]STRICT 2,16 $34795,4742,91 $27 F83 1 F804 $6,y15'78,jl829 76.36% VILLAGE OFM'T PROS" PEICT' $1,160,Y2 17 $405,111 1: 1, 1 Y078, $1297548y371 68.02% TOWN, WHEEL]ING $661643 $5721"15,23 $21:4111695 62.50% FOREST PRESERVE DISTRICT OlFCOOK COUNTY" $21,41l"i 11242, $6175183455,501 $382511643111760 38.07% COU'!NTY O'F,lC00K $14549915553YI496 $21 5�4016,fillr,46'22 $k4WY3415,655 old 0.52% TOTALS: 8 $26,040,383 97,67' $103446,1719JI817 ForamafeinAopqjlpok:�, gqvornfnon� finantes and� how, they 8ftIct your twe's. "Visit qqqvi�lcpm, Pl'l," YOUR, 'T"E'S' .0, NILINE coo Ila �r c "a TrOl "unlyt r6a�s urer, c0M7 01 yp)pr ban ccount, o redit, c ME 2024 "TOTAL 'TAX 231878. 15 2025, ESTIMATE X 551% 2025, 1st INSTALLMENT 13,7133.00, The First Installment amount is 5,50% of IIlast ye�ars, totaltaxes., All ph, ons, exern, , such as, homeowner, and senior exemptions. W111 IIbe refiectedon your Socond Insta[Iment tax, hilt a02 E, AN IRD MOUNT PROSPECT' �IL 6,0056, MOUNTPROSPECT PLAZA, P"O BOX, 4,900 DEPT 365 SCOTTSDALE, AZ 852614900 I■M L04 A 1 01, "o DE , TACH & INCLUDE WITH 1PA , T YMEN TOTAL, PAY, MAI .1 IS 4rX LW31111LIP1- &-RAI'JWIr*IIALWM U 1*11 1111111a, 111m u IIII IIII VIIIIII MM 'I 'I This is an Official Downloadable Tax Bill Payment Coupon., C 0QK COUNT ' TR EA S UI R E R Rilease process,thiscoupon along with payment presented. PO BOX 80E438 C, H I CAG, 0 1 ILi, 60 68 04116 IF PAYIN GLATEE PLEASE PAY 2025 First Installment Property Tax Bit! -Cook,Coin ty Electronic Bill I Property, InNum dex ber(PIN) Vollurne, Code Tax Year �Pification ajyable In) Township Class 0 3-35-301 -056-0000 235, 38,098 2025 (2026) Wheeling 5-28 0,710,212-0,26-0810112026 08102/2026 - 09/01/2026 09/0212026, - 101,011,Q026 LATE INTEREST IS 0.75%, PER U..'Do $0.00 MONTHy BY STATE ILAW Pen,zilon and Amount of % of Pensj,on and Monley Owed by, Healthcare Amounts, Pension and al `hear Costs Your, "Taxing Promized by Your, Heal'thIcare, Tax,ingg IDistficts Your "Tax i'ng'Districts Distuicts, Taking Wstricts Shortage Can Pay NORTHWES" T MOSQUITO ABATEMEIT` 131STRIC, T $31621,7,063 $191F328JI16112 $696,F896 92.53% METRO WATER RECLAMATION DIST OF,G y 7,' I '' 1 0 Y303,725851100101 56.28% CHGO MT` PROSPECT,,"PARK DISTRICT $347898,7393, $37JI2957607 $25280,5199 93.89% A RLINGTON HT'S'TW'NSHIP H S 214 46,7507, $887 7 $302211991024 F $0, 100,2911 % SCHOOL D]STRICT 2,16 $34795,4742,91 $27 F83 1 F804 $6,y15'78,jl829 76.36% VILLAGE OFM'T PROS" PEICT' $1,160,Y2 17 $405,111 1: 1, 1 Y078, $1297548y371 68.02% TOWN, WHEEL]ING $661643 $5721"15,23 $21:4111695 62.50% FOREST PRESERVE DISTRICT OlFCOOK COUNTY" $21,41l"i 11242, $6175183455,501 $382511643111760 38.07% COU'!NTY O'F,lC00K $14549915553YI496 $21 5�4016,fillr,46'22 $k4WY3415,655 old 0.52% TOTALS: 8 $26,040,383 97,67' $103446,1719JI817 ForamafeinAopqjlpok:�, gqvornfnon� finantes and� how, they 8ftIct your twe's. "Visit qqqvi�lcpm, Pl'l," YOUR, 'T"E'S' .0, NILINE coo Ila �r c "a TrOl "unlyt r6a�s urer, c0M7 01 yp)pr ban ccount, o redit, c ME 2024 "TOTAL 'TAX 98T9,74.58 2025, ESTIMATE X 551% 2025, 1st INSTALLMENT 547436.01 The First Installment amount is 5,50% of IIlast ye�ars, totaltaxes., All ph, ons, exern, , such as, homeowner, and senior exemptions. W111 IIbe refiectedon your Socond Insta[Iment tax, hilt jug dmmjtm-vq� 1' 1110111 IT 10 �' W am tollbl. 1 1, " . MOUNTPROSPECT PLAZA, 802 E RAND, RD �M'T PROSPECT [L 0,01300-0,000 I■M L04 A 1 01, "o DE'TACH & INCLUDE WITH 1PA , T YMEN TOTAL, PAY, 4 0111111 LW31111LIP1- &-RAI'JWIr*IIALWM U 1*11 1111111a, This is an Official Downloadable Tax Bill Payment Coupon., C 0QK COUNT ' TR EA S UI R E R Rilease process,thiscoupon along with payment presented. PO BOX 80E438 C, H I CAG, 0 1 ILi, 60 68 041'16 IF PAYIN GLATEE PLEASE PAY 2025 First Installment Property Tax Bit! -Cook,Coin ty Electronic Bill I Property, InNum dex ber(PIN) Vollurne, Code Tax Year �Pification ajyable In) Township Class 0 3-35-301 -058-0000 235, 38,098 2025 (2026) Wheeling 5-31 0,710,212-0,26-0810112026 08102/2026 - 09/01/2026 09/0212026, - 101,011,Q026 LATE INTEREST IS 0.75%, PER $0.00 U..'Do $0.00 MMI THy BY STATE ILAW Pen,zilon and Amount of % of Pensj,on and Monley Owed by, Healthcare Amounts, Pension and al `hear Costs Your, "Taxing Promized by Your, Heal'thIcare, Tax,ingg IDistficts Your "Tax i'ng'Districts Distuicts, Taking Wstricts Shortage Can Pay NORTHWES" T MOSQUITO ABATEMEIT` 131STRIC, T $31621,7,063 $191F328JI16112 $696,F896 92.53% METRO WATER RECLAMATION DIST OF,G y 7,' I '' 1 0 Y303,725851100101 56.28% CHGO MT` PROSPECT,,"PARK DISTRICT $347898,7393, $37JI2957607 $25280,5199 93.89% A RLINGTON HT'S'TW'NSHIP H S 214 46,7507, $887 7 $302211991024 F $0, 100,2911 % SCHOOL D]STRICT 2,16 $34795,4742,91 $27 F83 1 F804 $6,y15'78,jl829 76.36% VILLAGE OFM'T PROS" PEICT' $1,160,Y2 17 $405,111 1: 1, 1 Y078, $1297548y371 68.02% TOWN, WHEEL]ING $661643 $5721"15,23 $21:4111695 62.50% FOREST PRESERVE DISTRICT OlFCOOK COUNTY" $21,41l"i 11242, $6175183455,501 $382511643111760 38.07% COU'!NTY O'F,lC00K $14549915553YI496 $21 5�4016,fillr,46'22 $k4WY3415,655 old 0.52% TOTALS: 8 $26,040,383 97,67' $103446,1719JI817 ForamafeinAopqjlpok:�, gqvornfnon� finantes and� how, they 8ftIct your twe's. "Visit qqqvi�lcpm, Pl'l," YOUR, 'T"E'S' .0, NILINE coo Ila �r c "a TrOl "unlyt r6a�s urer, c0M7 01 yp)pr ban ccount, o redit, c ME 2024 "TOTAL 'TAX 179497,566.39 2025, ESTIMATE X 551% 2025, 1st INSTALLMENT 1707272,611.49 The First Installment amount is 5,50% of IIlast ye�ars, totaltaxes., All ph, ons, exern, , such as, homeowner, and senior exemptions. W111 IIbe refiectedon your Socond Insta[Iment tax, hilt '100-0 MOUNT PROSPECT IPLZ MOUNT PROSPECT' �IL 6,0056, LBX MOUNT PROSPECTILLC 142TMAYSON ST NE ATLANTA GA 30324-3903 I■M L04 A 1 01, "o DE'TACH & INCLUDE WITH 1PA , T YMEN TOTAL, PAY, *A 'a f I A 4 0111111 LW31111LIP1- &-RAI'JWIr*IIALWM U 1*11 11,111 of 11 1 �- 1111111a, NMI' IIIIINIA"MI IIIIIIIIINIIIII MMINSRUNII IIII IIII qIIIIIIIIIIII 111� 11'1� 11111111 1111 IIIII]IIIIIIIIII11fil 11,11 11jujifil IIIII IIIIIJ1111,11 ICI 'I 'I 'I 'I 'I 'I , '1 1, , , I I , '1 1, , , This is an Official Downloadable Tax Bill Payment Coupon., C 0QK COUNT ' TR EA S UI R E R Rilease proc ess,thiscoupon along with payment presented. PO BOX 80E438 C, H I CAG, 0 1 ILi, 60 68 041'16 IF PAYIN GLATEE PLEASE PAY 2025 First Installment Property Tax Bit! -Cook,Coin ty Electronic Bill I Property, Index Number(PIN) Vollurne, Code Tax Year �Pajyable Inownhip ) TsClassification 0 3-35-302-014-0000 235, 38,020 2025 (2026) Wheeling 5-90 0,710,212-0,26-0810112026 08102/2026 - 09/01/2026 09/0212026, - 101,011,Q026 LATE INTEREST IS 0.75%, PER U..'Do $0.00 MONTHy BY STATE ILAW Pen,zilon and Amount of % of Pensj,on and Monley Owed by, Healthcare Amounts, Pension and Hiealthcare Costs Your, "Taxing Promized by Your, Heal'thIcare, Tax,ingg 1Distficts Your "Tax i'ng'Districts Distuicts, Taking Wstricts Shortage Can Pay NORTHWES" T MOSQUITO ABATEMEIT` 131STRIC, T $31621,7,063 $191F328JI16112 $696,F896 92.53% METRO WATER RECLAMATION DIST OFF y 7,' I 1 0 Y303,725851100101 56.28% CHGO MT` PROSPECT,,"PARK DISTRICT $347898,7393, $37JI2957607 $25280,5199 93.89% A RLINGTON HT'S'TW'NSHIP H S 214 46,7507, $887 7 $302211991024 F $0, 100,2911 % SH COOL D]STRICT 57" $3474397368, $32 J1331 F5112, 6 $ 111 Y520,517 643 .17% VILLAGE OFM'T PROS" PEICT' $1,160,Y2 11 75181 $405,111 1: 1, 1 Y078, $1297548y371 68.02% TOWN, WHEEL]ING $661643 $5721"15,23 $21:4111695 62.50% FOREST PRESERVE DISTRICT OlFCOOK COUNTY" $21,41l"i 11242, $6175183455,501 $382511643111760 38.07% COU'!NTY O'F,lC00K $14549915553,496 $21 5�4016,fillr,46'22 $k4WY3415,655 old 0.52% TOTALS: $26,045147,6171661 $103451 F661 F16,05 ForamafeinAop#jlpok:, gqvernfnon� finantes andhow, they 8ftIct your twe's. "Visit Pl'l," YOUR, 'T"E'S' .0, NILINE Ila c�r c "a TrOl oo"unlyt r6a�s urer, c0M7 01 yp)pr ban ccount, o redit, c ME 2024 "TOTAL 'TAX 719762,15.03 2025, ESTIMATE X 551% 2025, 1st INSTALLMENT 43,7793.79 The First Installment amount is 5,50% of IIlast ye�ars, totaltaxes., All exern,phons, , , such as, homeowner, and senior exemptions. W111 IIbe refiectedon your Socond Insta[Iment tax, hilt 940 E, RAND IRD MOUNT PROSPECT' �IL 6,0056, LBX MOUNT PROSPECTILLC 142TMAYSON ST NE ATLANTA GA 30324-3903 L04 A 1 01, "o DE , TACH & INCLUDE WITH 1PA , T YMEN TOTAL, PAY, *A's f I A I'l 4 0111111 LW31111LIP1- &-RAI'JWIr*IIALWM U 1*11 1111111a, NMI' 11141,101111 1111RIIII MOWSRUNII IIII IIII qIIIIIIIIIIII 111I 111i 11111111 1111 This is an Official Downloadable Tax Bill Payment Coupon., C 0QK COUNT ' TR EA S UI R E R Rilease process,thiscoupon along with payment presented. PO BOX 80E438 C, H I CAG, 0 1 ILi, 60 68 04116 IF PAYIN GLATEE PLEASE PAY 2025 First Installment Property Tax Bit! -Cook,Coin ty Electronic Bill I Property, Index Number(PIN) Vollurne, Code Tax Year �Pajyable Inownhip ) TsClassification 0 3-35-302-015-0000 235, 38,020 2025 (2026) Wheeling 5-28 0,710,212-0,26-0810112026 08102/2026 - 09/01/2026 09/0212026, - 101,011,Q026 LATE INTEREST IS 0.75%, PER U..'Do $0.00 MONTHy BY STATE ILAW Pen,zilon and Amount of % of Pensj,on and Monley Owed by, Healthcare Amounts, Pension and Hiealthcare Costs Your, "Taxing Promized by Your, Heal'thIcare, Tax,ingg 1Distficts Your "Tax i'ng'Districts Distuicts, Taking Wstricts Shortage Can Pay NORTHWES" T MOSQUITO ABATEMEIT` 131STRIC, T $31621,7,063 $191F328JI16112 $696,F896 92.53% METRO WATER RECLAMATION DIST OFF y 7,' I 1 0 Y303,725851100101 56.28% CHGO MT` PROSPECT,,"PARK DISTRICT $347898,7393, $37JI2957607 $25280,5199 93.89% A RLINGTON HT'S'TW'NSHIP H S 214 46,7507, $887 7 $302211991024 F $0, 100,2911 % SH COOL D]STRICT 57" $3474397368, $32 J1331 F5112, 6 $ 111 Y520,517 643 .17% VILLAGE OFM'T PROS" PEICT' $1,160,Y2 11 75181 $405,111 1: 1, 1 Y078, $1297548y371 68.02% TOWN, WHEEL]ING $661643 $5721"15,23 $21:4111695 62.50% FOREST PRESERVE DISTRICT OlFCOOK COUNTY" $21,41l"i 11242, $6175183455,501 $382511643111760 38.07% COU'!NTY O'F,lC00K $14549915553,496 $21 5�4016,fillr,46'22 $k4WY3415,655 old 0.52% TOTALS: $26,045147,6171661 $103451 F661 F16,05 ForamafeinAop#jlpok:, gqvernfnon� finantes andhow, they 8ftIct your twe's. "Visit Pl'l," YOUR, 'T"E'S' .0, NILINE Ila c�r c "a TrOl oo"unlyt r6a�s urer, c0M7 01 yp)pr ban ccount, o redit, c ME 2024 "TOTAL 'TAX 27T3218.90 2025, ESTIMATE X 551% 2025, 1st INSTALLMENT 167030.89 The First Installment amount is 5,50% of IIlast ye�ars, totaltaxes., All exern,phons, , , such as, homeowner, and senior exemptions. W111 IIbe refiectedon your Socond Insta[Iment tax, hilt 940 E, RAND IRD MOUNT PROSPECT' �IL 6,0056, MOUNTPROSPECT PLAZA, P"O BOX, 4,60,169 DEPT 908 HOU STON TX 77056-81169 I■M L04 A 1 01, "o DE , TACH & INCLUDE WITH 1PA , T YMEN TOTAL, PAY, *A's f I A I'l 4 0111111 LW31111LIP1- &-RAI'JWIr*IIALWM U 1*11 1111111a, 111m u IIII IIII VIIIIII MM 'I 'I This is an Official Downloadable Tax Bill Payment Coupon., C 0QK COUNT ' TR EA S UI R E R Rilease process,thiscoupon along with payment presented. PO BOX 80E438 C, H I CAG, 0 1 ILi, 60 68 04116 LT z II URTI L !' T LTV II "' rr" ATTORNEYS AT L AA' Direct Dial: (312) 461-4336 Email: bpennygmpslaw.com June 5, 2026; UPD September 30, 2026 1,, LANE SUITE 19010 ,12.5 SOUTH IWAC II GO�, IL 0 " 12) 98'7'- 90 � Ann Choi Development Plannerm Community Development Department Village of Mount Prospect 50 S. Emerson Street, Mount Prospect, IL 60056 Re: Mount Prospect Plaza - Application for Approval of a New Planned Unit Development with Exceptions & Final Plat of Subdivision Dear Ann, On behalf of LBX Mount Prospect TH LLC ("LBX"), the owner of Mount Prospect Plaza (the "Plaza"), we are pleased to present this application ("Application") for approval of a conditional use permit for a new planned unit development ("PUD"), with certain exceptions described below, and a final plat of subdivision for the Plaza ("Subdivision Plat"). By way of background, the Board of Trustees for Village of Mount Prospect (the "Village") previously passed Ordinance No. 6148 in July 2014, which approved a conditional use permit for a new planned unit development, two new outlot buildings, a conditional use permit for a drive through establishment and a variation to allow overall lot coverage of 86% ("Prior PUD Ordinance"). In July 2015, the Village Board of Trustees approved Ordinance No. 6205 which extended the provisions of the Prior PUD Ordinance through July 15, 2016. Nevertheless, the project did not proceed, and the approvals set forth in the Prior PUD Ordinance ultimately lapsed prior to LBX acquiring the Plaza in July 2022. Apart from the Prior PUD Ordinance, the Village also passed the following approvals which allowed development of the Plaza over time: Resolution No. R-27SR-01 granting a variation to allow a 276.94 square foot wall sign, Ordinance No. 5246 granting a conditional use permit to allow an itinerant veterinary clinic, Ordinance No. 5820 granting a conditional use permit for a new bank building with a drive -through, Resolution No. R-05-15 granting a variation to allow window signage of 79 square feet and 171 square feet for Ross Dress for Less, Ordinance No. 6655 granting a conditional use permit for a massage therapy establishment (Massage Envy), and Ordinance No. 6756 granting a conditional use permit for the use of four drive -through lanes at the Lakeside Bank (collectively with the lot coverage variation set forth in the Prior PUD Ordinance, the "Prior Approvals"). Now, LBX plans to create a new PUD to govern the Plaza and its future improvement (the "New PUD"). The New PUD will include and restate all Prior Approvals which remain Ann Choi, Development Planner Village of Mount Prospect June 5, 20261 UPD September 30, 2026 Page 2 of 3 M­1 applicable to the Plaza as it currently exists, with an overall lot coverage of 87% and an exception to allow the existing bank building on proposed Lot 1 D to encroach 4.24 feet into the required rear yard setback, consistent with the "PUD Site Plan" prepared by Blew & Associates, P.A. and dated most recently as of August 19, 2026, and the landscape plan prepared by Kimley-Horn & Associates, Inc. and dated as of July 10, 2026 (the "Landscape Plan," together with the PUD Site Plan and Subdivision Plat, the "Plans").' Additionally, pursuant to the Plans, we are requesting approval of the following exceptions from the Village's current landscape requirements: i. From Section 14.2306.B.1 to reduce the perimeter landscaping requirement along N. Westgate Road at the southeast corner of the Plaza from 589 linear feet to 138 linear feet and reduce the number of required shade trees from 12 to 3; H. From Section 14.2306.A.1 to reduce the number of required landscape islands to those currently existing on site; iii. From Section 14.2306.A.2 to reduce the number of required landscape island shade trees from 251 trees to 114 trees: iv. From Section 14.2306.B.1 to reduce required continuous landscaping from 589 linear feet to 138 linear feet, and to reduce the number of required shade trees from 12 trees to 3 trees; V. From Section 14.2306.B.2 to reduce the number of required shade trees and shrubs along Rand Road to zero; and vi. From Section 14.2307 to reduce required foundation landscape area to existing conditions. In support of our request, written responses to the applicable standards for approving the New PUD with the above exceptions have been included with this Application. LBX also plans to resubdivide the Plaza to create four new outlots, as shown on the Subdivision Plat attached to the Application, along the south property line of the Plaza and adjacent to Rand Road. One of the new outlots, Outlot 1 C, will serve as the site of a new Dutch Bros. Coffee ("Dutch Bros") location. Dutch Bros has submitted a separate request to the Village for approval of a new site plan and a conditional use for a coffee shop with a drive -through, pursuant to the plans and specifications included therein, as authorized by LBX. Our client is confident that the New PUD and development of the new Dutch Bros location will benefit the Village by adding a new sales tax generating use to the Plaza and by bringing a new service to the Plaza for which there is significant demand from residents of the Village and nearby communities. 1 An itemized list of submittal documents is included as a cover letter to the Application. Ann Choi, Development Planner Village of Mount Prospect June 5, 2026, UPD September 30, 2026 Page 3 of 3 We look forward to working with the Village of Mount Prospect on all aspects of this proposal. If you have any questions or if any additional information is needed at this time, please feel free to contact me. We thank you for your consideration of this request. Sincerely, MELTZER PURTILL & STELLE LLC Brendan Penny Mount Prospect Plaza — 940-1100 E. Rand Road, Mt. Prospect, Illinois Responses to applicable Standards for a Planned Unit Development Section 14.203.F.8 Standards for Approval of Conditional Use Permits. No conditional use shall be recommended for approval by the planning and zoning commission unless it finds: a. That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare; Response: The establishment, maintenance and operation of the existing plaza which comprises the subject property (the "Plaza') will not be detrimental to, or endanger the public health safety, morals, comfort, or general welfare. The Plaza has been constructed and in operation for more than 20 years. Approving a planned unit development ("PUD') for the Plaza will help ensure its orderly maintenance and future development. b. That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located; Response: The conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for permitted purposes. The Plaza has been constructed and in operation for more than 20 years. Existing users within the Plaza and surrounding property owners will not be negatively impacted as a result of approval of the PUD. c. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; Response: The establishment of the PUD will not impede the normal and orderly development in the surrounding area and will instead ensure that future development within the Plaza proceeds in a cohesive manner No existing or proposed uses will impact or interfere with development of surrounding properties. d. That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided; Response: Adequate public utilities, access roads, drainage and all necessary facilities are currently in existence to support continued operation of the Plaza. e. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; Response: Adequate ingress and egress exist on site to accommodate traffic generated by the Plaza. f. That the proposed conditional use is not contrary to the objectives of the current comprehensive plan for the village; and Response: The Plaza aligns with the V llage 's comprehensive plan, which designates this site, on both the current and future land use plans, for commercial use. g. That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to there commendations of the planning and zoning commission. Response: Approval of the PUD will help ensure that the Plaza, andfuture development therein, conforms to applicable provisions of the underlying zoning district. Clients\3 8502\001 \4915-4749-6349.v2-6/4/26 Section 14.504.: Standards for Planned Unit Developments. A. General Standards: 1. Except as modified by and approved in the final planned unit development plan, the proposed development complies with the regulations of the district or districts in which it is to be located. Response: Except as set forth in this application, the Plaza complies with the regulations of the district in which it is located. The Plaza has been in operation for more than 20 years and will continue to operate in substantially the same manner, except as the PUD may later be modified. 2. The principal use in the proposed planned unit development is consistent with the recommendations of the Comprehensive Plan of the Village for the area containing the subject site. Response: The Plaza is comprised of a mix of commercial and retail uses. This aligns with the Village's current and future land use plans, which contemplate continued commercial use on this site. 3. The proposed planned unit development is in the public interest and is consistent with the purposes of this zoning ordinance. Response: Approving the PUD is in the public interest as it will allow the Plaza to continue to serve residents of the Village and surrounding municipalities and allow for the addition of a new retail/service use on proposed new Outlot 1 C, for which there is a demand from residents of the Village. The existing uses within the Plaza are authorized in the underlying B-3 Community Shopping District. 4. The streets have been designed to avoid: a. Inconvenient or unsafe access to the planned unit development; b. Traffic congestion in the streets which adjoin the planned unit development; c. An excessive burden on public Response: The Plaza is bordered by two major roadways, Central Avenue and Rand Road, which intersect at the southwest corner of the Plaza (the "Rand/Centrallntersection ). The Plaza is improved with three access points (ingress and egress) —two along Rand Road and one to the east of the Rand/Central Intersection on Central Avenue —which are adequate to accommodate traffic generated by the Plaza. C. Standards for Planned Unit Developments with Other Exceptions: 1. Any reduction in the requirements of this chapter is in the public interest. Response: The requested exceptions are in the public interest because their approval will allow the Plaza to continue to operate as it has for many years and will reduce the need for additional construction on the Property, which could interfere with existing business and on -site traffic circulation. Clients\38502\001\4915-4749-6349.v2-6/4/26 2. The proposed exceptions would not adversely impact the value or use of any other property. Response: The proposed exceptions will not impact the value or use of any property, but will instead allow the Plaza, and its existing tenants, to continue to operate and serve residents of the Village and nearby municipalities. 3. Such exceptions are solely for the purpose of promoting better development which will be beneficial to the residents or occupants of the planned unit development as well as those of the surrounding properties. Response: The requested exceptions will allow the Plaza to continue operating in in its present condition, with minor landscape improvements identified on the landscape plans submitted with this application. Additionally, approval of the PUD with the requested exceptions will consolidate past approvals and existing conditions which will, in turn, promote cohesive future development and maintenance of the Plaza. 4. In residential planned unit developments, the maximum number of dwelling units allowed per acre shall not exceed forty-eight (48) units per acre for developments incorporating senior housing or assisted living facilities. Response: The Plaza is commercial in nature and will continue to operate as a commercial center if the PUD and associated exceptions are approved by the Village. 5. All buildings are to be located within the planned unit development in such a way as to dissipate any adverse impact on adjoining buildings and shall not invade the privacy of the occupants of such buildings and shall conform to the following: a. The front, side or rear yard setbacks on the perimeter of the development shall not be less than that required in the abutting zoning district(s) or the zoning district underlying the subject site, whichever is greater. Response: The front, side and rear yard setbacks of the Plaza are not less than those required by the underlying B-3 Community Shopping District or the adjacent zoning districts. b. All transitional yards and transitional landscape yards of the underlying zoning district are complied with. Response: All transitional yards are compliant with the requirements of the underlying B-3 Community Shopping District. However, due to existing site improvements and conditions which limit available space for landscape improvements, we are requesting exceptions to reduce the requirements for perimeter landscaping along N. Westgate Road from 589 linear feet to 138 linear feet, and reduce the number of required parkway trees to the number of existing trees. This is due to the limitations of the Plaza resulting from existing improvements and site constraints. C. If required transitional yards and transitional landscape yards are not adequate to protect the privacy and enjoyment of property adjacent to the development, the Planning and Zoning Commission shall recommend either or both of the following requirements: (1) All structures located on the perimeter of the planned unit development must be set back by a distance sufficient to protect the privacy and amenity of adjacent existing uses; Clients\3 8502\001 \4915-4749-6349.v2-6/4/26 (2) All structures located along the entire perimeter of the planned unit development must be permanently screened with lightproof screening in a manner which is sufficient to protect the privacy and amenity of adjacent existing uses. Response: All side and rear transitional yards of the Plaza are sufficient to protect the privacy and enjoyment of surrounding properties and will be maintained as they currently exist following approval of the new PUD and associated exceptions set forth in this application. d. 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Central Road, 802 E Rand Road (otherwise known as Mount Prospect Plaza) PETITIONER/ PROPERTY OWNER: LBX Mount Prospect TH LLC PUBLICATION DATE: September 23, 2026 REQUEST: Conditional use approval for or a preliminary and final planned unit development, a preliminary and final plat of subdivision, and other relief from the Village of Mount Prospect Village Code as may be required for this project MEMBERS PRESENT: Joseph Donnelly William Beattie Walter Szymczak Ewa Weir Michael Fricano Fay Costa MEMBERS ABSENT: Donald Olsen Richard Rogers STAFF MEMBERS PRESENT: Ann Choi— Senior Development Planner Antonia Lalagos— SeniorDevelopmentPlanner INTERESTED PARTIES: Brendan Penny, MPS Law Mike Allison, COO and Head of Asset Management for LBX Mount Prospect TH LLC Chairman Donnelly called the meeting to order at 7:01 PM. Vice Chairman Beattie made a motion seconded by Commissioner Szymczak to approve the minutes from the Planning and Zoning Commission meeting on September 24, 2026. The minutes were approved 5-0 with Commissioner Costa abstaining. Planning & Zoning Commission Meeting — October 8, 2026 PZ-16-26 After hearing one item of New Business, Chairman Donnelly introduced Case PZ-16-26, Mount Prospect Plaza (990-1145 Mt. Prospect Plaza, 940-950 E. Rand Road, 1200-1220 E. Central Road and 802 E. Rand Road), a conditional use request for a preliminary and final planned unit development (PUD) and for a preliminary and final plat of subdivision. The Village Board will serve as the final authority for the requests. Staff Presentation Ms. Choi presented the request of LBX Mount Prospect TH LLC, the Petitioner and property owner of the Mount Prospect Plaza shopping center. Ms. Choi stated that the shopping center is located in the B-3 Community Shopping District and contains the principal shopping center building and several freestanding outlot buildings. Ms. Choi explained that the property was annexed into the Village in 1958 and that the current application was prompted by a proposed additional freestanding building for a potential drive -through -only coffee shop. Ms. Choi reviewed the prior PUD approval granted in 2014, which included two proposed outlot buildings, a drive -through conditional use, and relief permitting approximately 86% Lot coverage. Ms. Choi explained that the approved outlot development did not proceed, building permits were not issued, and the prior PUD approvals lapsed before the current owner acquired the shopping center in July 2022. Ms. Choi explained that the new PUD would formalize the existing shopping center as a unified development containing multiple principal structures and provide a framework for future development. Ms. Choi displayed a county parcel identification map and explained that the property contains several tax -divided parcels that have not been established as separate legal lots of record. The proposed plat would create five lots, designated Lots 1 A through 1 E. Ms. Choi explained that Lot 1Awould contain the main shopping center building; Lot 1 B would contain the existing freestanding multi -tenant commercial building; Lot 1 C would accommodate a potential future drive -through coffee shop; and Lots 1 D and 1 E would contain the existing Lakeside Bank and U.S. Bank buildings, respectively. Ms. Choi stated that existing recorded reciprocal easement and access agreements involving Walmart and Walgreens provide cross -parking and vehicular access rights. Ms. Choi explained that staff determined the existing recorded agreements adequately address the necessary cross -access and shared -parking rights, subject to a condition requiring those rights to remain in effect for the duration of the PUD. Ms. Choi described the requested PUD exceptions. The existing Lakeside Bank building on proposed Lot 1 D would require relief from the B-3 rear yard setback requirement, reducing the required setback from 20 feet to 15.76 feet because the proposed rear lot line would be Located closer to the existing building. The Petitioner also requested recognition of the shopping center's existing 87% lot coverage, exceeding the B-3 maximum of 75%. Planning & Zoning Commission Meeting — October 8, 2026 PZ-16-26 V Ms. Choi explained that staff requested enhancements to the existing shopping center Landscaping. In response, the Petitioner proposed approximately 48 new deciduous and ornamental trees, 189 deciduous shrubs, 143 evergreen shrubs, and 74 perennial and groundcover plantings. Ms. Choi reviewed color -coded landscape plans and site photographs showing existing landscaping, proposed trees and shrubs, and constrained areas along Rand Road, Central Road, North Westgate Road, and the shopping center perimeter. Ms. Choi identified landscaping exceptions requested due to the established configuration of the site, including reduced perimeter landscaping along North Westgate Road, fewer required shade trees along Westgate Road, retention of the existing number of landscape islands, a reduction in landscape island shade trees from 251 to 114, relief from certain Rand Road tree and shrub requirements, and retention of existing foundation landscaping conditions. Ms. Choi noted that some landscaped areas along Central Road are within public property or right-of-way rather than the shopping center property. Ms. Choi stated that the recently adopted Mount Prospect 2040 Comprehensive Plan designates the site Corridor Mixed Use and that the proposal is consistent with the land use designation. Ms. Choi reported receipt of one letter of support from a nearby business (Mattress Firm) expressing appreciation for continued investment in the shopping center and the potential benefit to the surrounding commercial area and Village tax base. Staff Recommendation Ms. Choi concluded that staff found the requests consistent with applicable Village standards and recommended approval of the following motion: "To adopt staff's findings as the findings of the Planning and Zoning Commission and recommend approval of: 1. "A Preliminary and Final Plat of Subdivision titled "Mount Prospect Plaza", consisting of two (2) sheets, prepared by Blew Surveying, and bearing the latest revision date of 07/22/2026. 2. "A conditional use for a Preliminary and Final Planned Unit Development, subject to the following conditions: a. Development of the site in substantial conformance with the approved development plans which consist of the following: i. "PUD Site Plan", consisting of one (1) sheet, prepared by Blew Surveying and dated 08/19/2026, attached as Exhibit C; and ii. "Landscape Plan", consisting of thirteen (13) sheets, prepared by Kimley-Horn and bearing the latest revision date of 07/10/2026, excerpts of which are attached as Exhibit D. b. Cross -parking and cross -access rights for all lots within the PUD shall be maintained pursuant to the Easement with Covenants, Conditions and Restrictions Affecting Land recorded as Document No. 90474272 ("WaLmart CCRs") and the Reciprocal Easement Agreement recorded as Document No. Planning & Zoning Commission Meeting — October 8, 2026 PZ-16-26 4 17194391138 ("REA"), as applicable. Such rights shall remain in effect for the duration of the PUD and shall not be terminated, amended, or otherwise modified in a manner that would result in noncompliance with the approved PUD or eliminate required cross -parking or cross -access among the lots within the PUD subdivision. c. Outlot Development Schedule. For purposes of Section 14.504(F) of the Village Code, no specific construction schedule shall apply to the newly created outlot, as no specific development or construction project for the outlot is approved as part of this Planned Unit Development. The establishment and recording of the Final Plat of Subdivision and Final Planned Unit Development shall constitute implementation of the Planned Unit Development. The absence of construction upon the outlot shall not, standing alone, constitute grounds for revocation of the Planned Unit Development pursuant to Section 14.504(F). Any future development of the outlot shall remain subject to all applicable Village approvals and regulations in effect at the time of development. d. Future Development of Outlot. Future development of the newly created outlot shall be considered a minor amendment to the Planned Unit Development, subject to review and approval by the Director of Community Development, provided that the proposed development is generally consistent with the approved Planned Unit Development and utilizes architecture, building materials, colors, massing, landscaping, and site design that are complementary to and compatible with the shopping center. Approval asa minor amendment shall not waive or supersede any otherwise applicable requirement for conditional use approval, variation, or other zoning relief under the Village Code. Any use requiring conditional use approval shall remain subject to the applicable public hearing and Village Board approval requirements. e. Except for the relief granted by the planned unit development, compliance with all applicable development, fire, building, and other Village Codes and regulations is required. Ms. Choi concluded by noting that the Village Board would make the final decision on the request. Commission Questions for Staff and Discussion Vice Chairman Beattie asked why setback and lot coverage exceptions were being considered when no final development plan for the potential coffee shop was before the Commission. Ms. Choi clarified that the 87% lot coverage reflected existing site conditions and that the 15.76-foot rear yard setback concerned the existing Lakeside Bank building, not the future coffee shop. Ms. Choi confirmed that the future outlot application had not advanced to a public hearing and would be reviewed separately. Planning & Zoning Commission Meeting — October 8, 2026 PZ-16-26 5 Commissioner Weir expressed concern that future development along Rand Road should create a more welcoming street frontage and pedestrian environment rather than presenting building backs or expansive parking areas toward the roadway. Commissioner Weir discussed opportunities for additional green space, landscaped islands, and improved stormwater and landscape conditions. Ms. Choi explained that the current PUD was intended to recognize the existing shopping center and that new construction would be evaluated under applicable code requirements and any necessary zoning relief at the time of a future application. Chairman Donnelly and Vice Chairman Beattie asked how five separate legal lots could remain subject to one PUD and how the PUD would regulate future changes by different lot owners. Ms. Choi explained that a PUD may encompass multiple lots and owners and cited Randhurst Village as an example ofa multi -lot planned unit development. Ms. Choi explained that changes to buildings, site design, and uses would be reviewed under the PUD ordinance and the Village Code, with amendments required when the applicable thresholds were met. Senior Development Planner, Ms. Lalagos, cited Lake Center Plaza as another example of a development consisting of multiple separately developed parcels that remain subject to an overarching planned unit development. Chairman Donnelly questioned whether the proposed lot boundaries could be adjusted to eliminate the existing setback issue. Chairman Donnelly also asked whether the proposed Landscaping was intended to replace trees required under the previously approved PUD. Ms. Choi clarified that the previous PUD had expired and its landscaping requirements were no longer enforceable. The proposed landscape plan would establish the new requirements for the property. Ms. Choi also deferred the question of the proposed lot boundary for Lot 1Dtothe Petitioner. Commissioner Costa asked whether the Commission could require enhanced landscaping in exchange for the requested landscape exceptions, including larger trees or native species. Ms. Choi explained that the Commission could recommend additional conditions as part of the conditional use request. Vice Chairman Beattie asked whether the proposed Landscaping would be enforceable if described as voluntary. Ms. Choi responded that the Landscape plan would be incorporated into the PUD approval and subject to Village inspection and enforcement. Chairman Donnelly questioned whether the excess parking on the site could be reduced to provide additional landscaped areas and lower the overall lot coverage. The Commission discussed the possibility of converting parking stalls to landscape islands and whether future redevelopment could incrementally reduce impervious surface coverage. Commissioner Weir asked whether a building demolished and reconstructed on an individual outlot would be required to meet the zoning standards then in effect. Ms. Choi explained that a substantial redevelopment would likely require a PUD amendment, Planning & Zoning Commission Meeting — October 8, 2026 PZ-16-26 allowing staff and the Commission to evaluate the proposal and seek improved compliance. The Commission discussed the distinction between relief granted for the overall PUD and development standards that would apply to a new or substantially modified building. Chairman Donnelly asked whether future tenants with higher parking demands could occupy existing spaces without additional review. Ms. Choi and the Petitioner's attorney explained that uses creating a parking deficiency or requiring conditional use approval would be subject to further Village review and, when necessary, amendment of the PUD. Ms. Choi stated that the existing cross -parking agreements would continue to apply. The Commission discussed the difference between a minor and major PUD amendment. Ms. Choi explained that the proposed condition for Lot 1 C would permit certain compatible future site development to be reviewed administratively as a minor amendment, but would not waive a separately required conditional use, variation, or other approval. The Commission discussed the ability to review landscaping, parking, site design, and building setbacks as part of any future application. Commission Questions for the Petitioner Chairman Donnelly swore in the Petitioner and members of the project team: • Mike Allison, COO and Head of Asset Management for LBX Mount Prospect TH LLC (Petitioner), 940 E. Rand Road, Mount Prospect IL; and • Brendan Penny, Meltzer, Purtill and Stelle Law, 1450 American Lane, Suite 1900, Schaumburg, IL (Attorney for the Petitioner). The Petitioner's attorney, Mr. Penny, described the request as an effort to formalize the existing site configuration, establish legal lots corresponding more closely to long-standing tax parcels and ground lease areas, and create an outlot for a potential coffee shop tenant. Mr. Penny explained that existing separate parcel identification numbers (PINs) were established for tax purposes and are not considered separate legal lots of record. Mr. Penny stated that the proposed subdivision would resolve a complicated history of tax divisions, easements, and individual site approvals. Mr. Penny explained that existing Lease boundaries and tenant arrangements limit flexibility to alter certain lot lines or common areas without renegotiating these existing agreements. Chairman Donnelly asked why the Lakeside Bank lot line could not simply be adjusted to eliminate the rear yard setback exception. Mr. Penny explained that the proposed lot lines were intended to correspond to the existing leased land and that changes could require amendments to underlying lease agreements. Mr. Penny explained that the proposed lot boundaries were established to match the existing PINs and ground lease agreements. Because the property was historically divided into separate tax parcels rather than legally subdivided, expanding the bank's proposed lot boundaries would complicate the existing ground leases; therefore, the proposed Lot 1 D was configured to align with the existing Planning & Zoning Commission Meeting — October 8, 2026 PZ-16-26 parcel boundaries and ground lease. Mr. Penny also discussed the potential transfer of the bank property and the benefit of establishing a separately identifiable legal lot. Chairman Donnelly expressed concerns regarding the proposed subdivision into five separate lots of record and whether each lot would independently comply with Village requirements for parking, landscaping, and signage. Vice Chairman Beattie questioned how the Village would maintain consistent development standards across separately owned lots within the overarching PUD. Ms. Choi clarified that individual lots would only be subject to restrictions if they are established in the PUD ordinance, including signage requirements. Ms. Choi and Chairman Donnelly indicated that the existing buildings in Mount Prospect Plaza had already received the necessary Village approvals regarding the existing signage. Mr. Penny explained that the PUD ordinance would continue to govern the property and that future changes inconsistent with approved plans or development standards would require review and, as applicable, a PUD amendment. Commissioner Weir sought clarification regarding how the proposed PUD exceptions would apply to the five individual lots, in the event of future redevelopment. Commissioner Weir questioned whether the relief granted for existing conditions, including setbacks and Lot coverage, could be limited to the existing buildings, with any future demolition and reconstruction triggering compliance with current zoning code requirements. Ms. Choi indicated it was possible to add a condition to limit the relief to the existing buildings. Mr. Penny explained that the proposed PUD would function as a comprehensive ordinance governing the entire shopping center, rather than establishing separate development standards for each individual lot. Mr. Penny clarified that the PUD would not exempt future development from applicable zoning code requirements unless specific exceptions were expressly granted. Any future development requiring site plan approval, conditional use approval, or additional zoning relief would remain subject to Village review and approval, including any applicable conditions. Commissioner Weir reiterated the concern that the exceptions granted under the PUD should not automatically extend to replacement buildings constructed following demolition of existing structures. Mr. Penny cautioned that requiring individual parcels to revert to current zoning standards upon redevelopment could create complications for the overall PUD, particularly because certain exceptions, such as lot coverage, apply collectively to the entire shopping center. Mr. Penny explained that modifying or terminating those exceptions on a parcel -by -parcel basis could create a domino effect, potentially affecting the compliance of other parcels and complicating future redevelopment. Mr. Penny emphasized that maintaining the overarching PUD would provide continuity for the shopping center while preserving the Village's authority to review and regulate future development proposals. Planning & Zoning Commission Meeting — October 8, 2026 PZ-16-26 Chairman Donnelly expressed concern that future development of the proposed outlot could affect the overall PUD's compliance with parking, lot coverage, and other zoning requirements. Chairman Donnelly questioned whether construction of new building would require the entire shopping center to be brought into compliance with current zoning code standards. Ms. Choi clarified that future development of Lot 1 C would require a separate conditional use application for the proposed drive -through establishment, including an evaluation of parking and overall lot coverage. Ms. Choi explained that the proposed PUD conditions would allow development of the outlot to be considered a minor PUD amendment, subject to the discretion of the Director of Community Development, rather than automatically requiring a major PUD amendment. However, the conditional use request would still require review by the Planning and Zoning Commission and approval by the Village Board. Vice Chairman Beattie sought confirmation that future development of an individual lot would remain subject to the overall standards and restrictions established by the PUD, in addition to any applicable zoning requirements. Ms. Choi and Mr. Penny confirmed that future development would need to comply with the approved PUD and that any proposed deviations would require the appropriate Village approvals. Chairman Donnelly remained concerned about the potential consequences of subdividing the shopping center into five separately owned lots, particularly if a future tenant proposed a use requiring more parking than the existing use. Chairman Donnelly cited the possibility of LA Fitness being replaced by a use with substantially higher parking requirements and questioned how such a change would affect the overall shopping center's parking compliance. Mr. Penny explained that all individual lots, regardless of ownership, would remain subject to the overarching PUD ordinance and existing recorded reciprocal parking and access agreements. Mr. Penny clarified that a future property owner or tenant could not independently establish a use that would cause the shopping center to become noncompliant with the approved PUD. If a proposed change in use resulted in parking demand exceeding the approved parking capacity, an amendment to the PUD would be required, subject to Village review and approval. Mr. Penny further explained that the existing cross -parking and access obligations would remain binding on future property owners and could not be eliminated without addressing the applicable agreements and PUD requirements. Vice Chairman Beattie observed that the PUD would be self-governing and establish development limitations for prospective purchasers and tenants, as any proposed use or redevelopment would need to comply with both the existing PUD restrictions and applicable zoning requirements. Vice Chairman Beattie noted that prospective purchasers would therefore need to evaluate whether an intended use could operate within the established development standards or whether additional approvals would be necessary. Planning & Zoning Commission Meeting — October 8, 2026 PZ-16-26 Mr. Penny agreed and emphasized that the PUD would provide a coordinated regulatory framework for the shopping center. Mr. Penny asserted that rather than maintaining multiple independent conditional use approvals for individual buildings, the PUD ordinance would consolidate the applicable development standards and subsequent amendments into a single governing document. Mr. Penny explained that this approach would allow the Village to track and regulate changes to the shopping center over time while ensuring that individual properties remained subject to the overall development requirements, regardless of whether the lots were separately owned or leased. Chairman Donnelly reiterated concerns regarding the complexity of administering the PUD across multiple separately owned lots and the potential for future tenant changes to affect parking, landscaping, and other development requirements. Vice Chairman Beattie suggested that the established PUD restrictions could also provide a degree of predictability by encouraging prospective purchasers and tenants to pursue uses that fit within the existing development standards. Mr. Penny concluded that the proposed subdivision and PUD would not allow future property owners or tenants to circumvent the Village's zoning code. Mr. Penny emphasized that any proposed use resulting in noncompliance with the PUD, including a use requiring additional parking beyond the shopping center's available capacity, would require an amendment and further Village approval. Mr. Penny stated that the overarching PUD would provide both flexibility and regulatory oversight while preserving the Village's authority to evaluate future development and changes in use. Commissioner Weir sought clarification regarding the proposed PUD and subdivision, noting that Lots 1A, 1 B, 1 D, and 1 E contain existing improvements, while Lot 1 C is intended for future development. Commissioner Weir suggested requiring future redevelopment of the improved lots to return to the Planning and Zoning Commission for review. Ms. Choi clarified that the request was to establish a new PUD and that the setback exception for Lot 1Dwould apply to the existing Lakeside Bank building. Chairman Donnelly expressed concern that the setback exception for Lot 1 D could create conflicts with future redevelopment of adjacent Lot 1A, if the existing access drive were to be modified. Mr. Allison explained that the internal access drive was protected by a recorded reciprocal access easement. Commissioner Weir further questioned whether future redevelopment would be required to comply with the development standards established by the PUD. Mr. Penny confirmed that any development inconsistent with the approved PUD would require an amendment and additional Village approval. Ms. Choi explained that the proposed site plan would become the approved PUD site plan and that substantial changes, including demolition and redevelopment of existing buildings, would require a major PUD amendment. However, the initial development of Planning & Zoning Commission Meeting — October 8, 2026 PZ-16-26 10 vacant Lot 1 C could qualify as a minor PUD amendment, subject to the discretion of the Director of Community Development, provided the development substantially conformed to the approved PUD. The proposed drive -through use would still require separate conditional use approval. Chairman Donnelly questioned whether the minor amendment provision would also apply to future redevelopment of Lot 1C. Ms. Choi clarified that the provision was intended for the initial development and that subsequent redevelopment would Likely require a major PUD amendment. Mr. Penny emphasized that the approved PUD would govern future development and that substantial deviations would require Village approval. Chairman Donnelly cautioned that a future use on Lot 1 C not requiring conditional use approval could potentially proceed through the minor amendment process without returning to the Commission. Commissioner Weir sought clarification regarding the setback requirements for Lot 1 C. Mr. Penny explained that the proposed lot boundaries were established in coordination with the prospective developer to accommodate a building that would comply with the applicable setbacks. Any deviations would require additional zoning relief. Chairman Donnelly expressed concern regarding the limited landscaping along Rand Road, particularly near the existing bank, and suggested converting excess parking spaces into landscaped areas to improve the appearance of the shopping center. Commissioner Weir questioned whether portions of the existing parking areas could be converted to green space. Mr. Penny explained that the proposed landscaping was concentrated in areas with sufficient room for healthy tree growth and that additional plantings could negatively affect existing trees. Mr. Penny further noted that certain parking areas were protected by recorded reciprocal parking and access agreements with Walmart and Walgreens, limiting opportunities to remove parking spaces. Chairman Donnelly questioned the landscaping requirements for vacant Lot 1 C and expressed concern that a future development not requiring conditional use approval could potentially proceed administratively without Commission review. Ms. Choi explained that perimeter landscaping requirements would apply to Lot 1 C and that the proposed development would not automatically receive relief from those requirements. Mr. Penny confirmed that the prospective developer had prepared preliminary plans, although the detailed landscaping proposal was part ofa separate application. Commissioner Weir questioned whether Lot 1Cwould benefit from the landscaping and lot coverage exceptions proposed for the overall PUD. Ms. Choi clarified that Lot 1 C would be evaluated as a separate development and would be required to comply with applicable Landscaping standards unless additional relief was requested. Chairman Donnelly also questioned whether future tenant changes on the other lots would require Commission approval. Ms. Choi explained that permitted uses generally would not require additional Planning & Zoning Commission Meeting — October 8, 2026 PZ-16-26 11 approval unless parking deficiencies or other zoning issues arose, while conditional uses would remain subject to the applicable approval process. Ms. Choi confirmed that the existing reciprocal parking agreements would remain in effect for future tenants. Chairman Donnelly requested clarification regarding the proposed 87% lot coverage exception compared to the zoning code's maximum of 75%. Ms. Choi explained that the 87% exception would apply to the overall PUD and run with the land. Ms. Lalagos clarified that substantial redevelopment, such as demolition and replacement of the principal shopping center buildings, would constitute a major alteration of the concept or intent that it would trigger a major amendment, and at that time the Village could reevaluate the approved lot coverage and require greater compliance with current standards or consider a new request for relief. Commissioner Weir suggested adding conditions requiring future redevelopment or demolition of existing buildings to comply with current zoning code requirements for setbacks, landscaping, and lot coverage, rather than automatically retaining the exceptions granted under the proposed PUD. Chairman Donnelly supported this approach, emphasizing that redevelopment should provide opportunities to bring individual lots into greater compliance with Village standards. Mr. Penny cautioned that requiring individual lots to revert to current zoning standards upon redevelopment could undermine the flexibility and comprehensive nature of the PUD. Mr. Penny explained that the PUD was intended to regulate the shopping center as a whole, rather than treating each lot independently, and that imposing automatic compliance requirements could complicate future redevelopment and property management. Chairman Donnelly emphasized the importance of improving landscaping throughout the shopping center, particularly along major roadways, and suggested that excess parking spaces could be converted into landscaped areas. Chairman Donnelly acknowledged that full compliance with current standards might not always be feasible but indicated a willingness to consider reasonable exceptions if future redevelopment demonstrated meaningful improvements. Chairman Donnelly reiterated that substantial redevelopment, such as replacing an existing building, should trigger a review of the applicable zoning exceptions. Mr. Penny clarified that substantial changes to an individual lot would require a major PUD amendment, subject to Village review and approval; however, the amendment would modify the overarching PUD rather than establish an independent set of zoning approvals for that lot. Any additional exceptions not authorized under the existing PUD would need to be requested through the amendment process. Planning & Zoning Commission Meeting — October 8, 2026 PZ-16-26 12 Chairman Donnelly continued to question the relationship between the proposed subdivision and the overarching PUD, particularly why setback relief was necessary for the existing Lakeside Bank building when no adjacent building currently created a separation issue. Vice Chairman Beattie noted that the setback exception was necessary because the proposed lot line would create a nonconforming setback for the existing building. Mr. Penny explained that the proposed 87% lot coverage exception would apply collectively to all five lots rather than individually and that any future development increasing the overall lot coverage beyond 87% would require an amendment to the PUD. Mr. Penny further clarified that the proposed lot boundaries were designed to reflect existing tax parcels and ground lease agreements, particularly for Lakeside Bank, rather than alter the existing development configuration. Chairman Donnelly observed that the subdivision would formalize the existing parcel boundaries and facilitate separate ownership while creating the need for certain zoning exceptions. Mr. Penny explained that the subdivision was primarily intended to formalize existing lease agreements and tax arrangements and noted that certain property transfers may already be permitted under exceptions to the Illinois Plat Act. Chairman Donnelly subsequently asked whether Village staff supported the proposed subdivision and PUD, and Ms. Choi confirmed that staff recommended approval. The Commission continued discussing how future redevelopment of the shopping center could provide opportunities to improve compliance with current zoning requirements. Commissioner Weir questioned what standards would apply if an existing building were demolished and redeveloped, particularly regarding lot coverage, stormwater management, and landscaping. Commissioner Weir emphasized that requiring the entire shopping center to meet current standards following redevelopment of a single lot would be unreasonable but suggested that redevelopment should trigger an opportunity to improve conditions on the affected property. Ms. Choi explained that the proposed PUD would allow the existing 87% lot coverage to remain in effect, even following redevelopment. However, substantial redevelopment requiring a major PUD amendment would provide the Village an opportunity to request greater compliance with the zoning code's 75% maximum lot coverage requirement. Ms. Choi indicated that a condition could potentially be incorporated requiring future redevelopment to achieve greater compliance with applicable zoning standards, subject to review by the Village Attorney. Commissioner Fricano questioned whether the current PUD approval process presented the best opportunity to reduce the shopping center's lot coverage from 87% toward the 75% maximum permitted by the zoning code, rather than relying on future redevelopment of individual lots to achieve incremental improvements. Commissioner Fricano expressed concern that once the existing conditions were formally approved, it could be difficult to Planning & Zoning Commission Meeting — October 8, 2026 PZ-16-26 13 require meaningful reductions in lot coverage through future redevelopment proposals. Vice Chairman Beattie explained that redevelopment of an individual outlot would have a relatively minor impact on overall lot coverage and that achieving 75% could require substantial change on the largest lot. Commissioner Costa suggested adding a condition requiring all proposed trees and shrubs to be native species as a means of enhancing the landscaping plan and offsetting the requested reductions in landscaping requirements. Commissioner Costa acknowledged the limited space available for additional plantings and the difficulties associated with removing parking spaces due to existing agreements. Ms. Choi confirmed that such a condition could be included in the PUD approval, and Commissioner Costa asked Chairman Donnelly when the condition could be formally proposed. Chairman Donnelly questioned whether the proposed 87% lot coverage exception would remain in effect indefinitely or whether future demolition and redevelopment would require greater compliance with the zoning code's 75% maximum. Ms. Choi explained that exceptions granted through a commercial PUD generally run with the land unless specific conditions provide otherwise. Mr. Penny clarified that there is a distinction between an individual variation and a PUD with an exception and that full compliance with the 75% lot coverage requirement would be extremely difficultwhen only one outlot is redeveloped. Commissioner Costa suggested that lot coverage could be reduced incrementally as individual outlots undergo redevelopment, rather than requiring the entire shopping center to achieve 75% compliance at once. Commissioner Fricano agreed and questioned whether the Commission should consider requiring a modest reduction in lot coverage as part of the current PUD approval, potentially through the removal of excess parking spaces and installation of additional landscaping. Mr. Allison explained that existing reciprocal easement agreements and tenant leases significantly restrict the property owner's ability to modify common parking areas. Mr. Allison noted that the proposed development of Lot 1 C required consent from Ross to eliminate approximately 53 parking spaces, even though the shopping center would continue to comply with the applicable parking requirements. Mr. Allison emphasized that obtaining tenant consent required negotiations and concessions and that similar approvals could not be guaranteed for future parking modifications. Vice Chairman Beattie questioned why the property owner could not independently convert parking spaces into landscaped islands despite owning the underlying property. Mr. Allison explained that the lease agreements grant tenants certain rights over the common areas, including restrictions on modifications without tenant consent. Mr. Allison further clarified that the Ross lease specifically prohibits alterations to common areas without approval. Planning & Zoning Commission Meeting — October 8, 2026 PZ-16-26 14 Commissioner Fricano reiterated that converting approximately 20 parking spaces into landscaped areas could provide a reasonable opportunity to reduce lot coverage and improve the shopping center's appearance. Mr. Allison explained that the suggested parking area near Lakeside Bank was subject to a ground lease, under which the property owner retained ownership of the land but did not control the improvements. Vice Chairman Beattie observed that the shopping center appeared to have sufficient parking capacity to accommodate additional landscaping but acknowledged that implementing such improvements would require coordination with the affected tenants and compliance with existing agreements. Mr. Allison confirmed that any proposed changes would need to comply with the reciprocal easement agreement (REA) and that amendments to the agreement would require approval from multiple parties. Chairman Donnelly recalled a similar situation at Randhurst Village, where existing parking rights held by Carson Pirie Scott initially prevented modifications to a perimeter roadway during the development of the movie theater. Chairman Donnelly noted that the roadway improvements were eventually accomplished but emphasized the challenges associated with modifying established parking agreements. Commissioner Weir acknowledged the substantial improvements made to Mount Prospect Plaza over the years, particularly the reduction in vacancies and revitalization of the shopping center. Commissioner Weir questioned what requirements would apply if the principal shopping center building on Lot 1Awere demolished and substantially redeveloped and emphasized the importance of establishing appropriate development standards to ensure that future redevelopment would provide opportunities to reduce impervious surface coverage and improve the property for the benefit of the community. Ms. Choi explained that substantial redevelopment of Lot 1Awould provide the Planning and Zoning Commission with considerable discretion in reviewing the proposed development. Ms. Choi indicated that Village staff would encourage future redevelopment to achieve greater compliance with the zoning code in effect at that time. Chairman Donnelly expressed continued concerns regarding the proposed subdivision, noting the complexity of applying different zoning requirements and exceptions to five individual lots within a single PUD. Chairman Donnelly questioned whether the PUD could be approved without subdividing the property. Mr. Allison explained that the proposed subdivision would facilitate potential future ownership changes, including the possible sale of the Lakeside Bank property. Mr. Allison noted that Lakeside Bank's continued occupancy was contingent upon the ability to purchase the property and further explained that the subdivision would help clarify existing property boundaries and address outdated easements. Planning & Zoning Commission Meeting — October 8, 2026 PZ-16-26 15 Ms. Choi confirmed that the subdivision process involved extensive coordination between Village staff and the Petitioner's engineers to identify and eliminate obsolete or unnecessary easements. Commissioner Weir questioned whether the Petitioner intended to sell the proposed outlots. Mr. Allison explained that future sales were possible and that the proposed subdivision would establish clear property boundaries while maintaining applicable development restrictions. Vice Chairman Beattie asked about the benefits of subdividing the property beyond facilitating potential sales. Mr. Allison explained that creating separate lots would also simplify real estate tax administration and reconciliation for tenants, particularly those occupying the multi -tenant outlot building. Chairman Donnelly questioned whether subdivision was necessary to facilitate future property sales. Mr. Penny clarified that certain property transactions may qualify for exceptions under the Illinois Plat Act and therefore may not require subdivision approval. However, Mr. Penny emphasized that the applicability of such exceptions would depend on the specific circumstances of a future transaction. Commissioner Fricano questioned whether the proposed PUD and subdivision would be affected if the prospective coffee shop tenant ultimately decided not to proceed with the development of Lot 1 C. Mr. Penny confirmed that the PUD and subdivision could proceed independently of the proposed coffee shop. Mr. Penny explained that the proposed condition allowing certain changes to be considered minor PUD amendments was intended to facilitate subsequent development review without reopening the entire PUD approval. Mr. Allison added that subdivision approval was a contingency of the prospective tenant's lease. Public Comment There was no one from the public to address the case. Ms. Choi previously stated that staff received one public comment letter from a nearby business, Mattress Firm, expressing support for the project. The business noted that continued investment and redevelopment of Mount Prospect Plaza would benefit the Village and surrounding commercial area, encourage future development, and help strengthen the Village's tax base. Motion and Commission Discussion Commissioner Costa requested an additional condition requiring all newly proposed trees and shrubs to be native species. Chairman Donnelly and the Commission expressed support for the condition, and Ms. Choi confirmed that the condition would be incorporated into the PUD recommendation. Commissioner Weir proposed a second condition, subject to Village Attorney review, addressing the development requirements applicable to future redevelopment involving the demolition or partial demolition of existing buildings. Commissioner Weir emphasized Planning & Zoning Commission Meeting — October 8, 2026 PZ-16-26 16 the importance of establishing standards that would encourage greater compliance with the zoning code when substantial redevelopment occurs. Ms. Choi summarized the proposed condition as requiring future redevelopment to approach compliance with the zoning code in effect at that time, subject to Village Attorney review. The Planning and Zoning Commission expressed support for including the additional condition. Chairman Donnelly closed the public hearing and requested a motion to recommend approval of the conditional use for the preliminary and final Planned Unit Development, subject to the conditions outlined in the staff report and the following two additional conditions: 1. All newly proposed trees and shrubs shall be native species. 2. Subject to Village Attorney review, future redevelopment involving demolition or partial demolition of existing buildings shall seek greater compliance with the zoning code in effect at the time of redevelopment. Vice Chairman Beattie made a motion and Commissioner Szymczak seconded the motion. UPON ROLL CALL AYES: Szymczak, Weir, Beattie, Fricano, Costa, Donnelly NAYS: None The Planning and Zoning Commission gave a positive recommendation (6-0) of the conditional use for the preliminary and final Planned Unit Development to the Village Board for the October 20, 2026 meeting. Chairman Donnelly subsequently requested a motion to recommend approval of the preliminary and final plat of subdivision titled "Mount Prospect Plaza", creating five lots of record. Vice Chairman Beattie made a motion and Commissioner Szymczak seconded the motion. UPON ROLL CALL AYES: Szymczak, Weir, Beattie, Fricano, Costa, Donnelly NAYS: None The Commission voted unanimously 6-0 gave a positive recommendation (6-0) for the preliminary and final plat of subdivision titled "Mount Prospect Plaza" to the Village Board for the October 20, 2026 meeting. Ms. Choi advised that the case was scheduled for Village Board consideration on October 20, 2026, with a second reading scheduled for November 4, 2026. Planning & Zoning Commission Meeting — October 8, 2026 PZ-16-26 17 After hearing no additional items of New Business or Citizens Wishing To Be Heard, Vice Chairman Beattie made a motion, seconded by Commissioner Fricano, and the meeting was adjourned at 9:18 PM. Ann Choi, Senior Development Planner Planning & Zoning Commission Meeting — October 8, 2026 PZ-16-26 x -V-n, „LT PURTILL & TII L' u' ul �. ATTORNEYSAT LAW Direct Dial: (312) 461-4336 Email: bpennygmpslaw.com October 13, 2026 Jason C. Shallcross, AICP, CEcD Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 Via email: 1 `' d, r SITE 1900 ,125 �'�SOUTH � � �A D ��� SUITE 1111,1900 CFHCAG0,, IL 0,I6II06 TELIEPHOINTEm.2) 9 Re: Request to Waive Second Reading of Ordinance —Mount Prospect Plaza PZ-16-26 (PZZ26-000015) Dear Mr. Shallcross, We are submitting this letter on behalf of LBX Mount Prospect TH LLC ("LBX"), the owner of Mount Prospect Plaza (the "Plaza"). LBX is the applicant in the captioned matter and is requesting approval of a Preliminary and Final Plat of Subdivision and a new Planned Unit Development with certain exceptions identified in the plans and materials submitted to staff (collectively, the "Request") for the Plaza. We appeared before the Village of Mount Prospect Planning & Zoning Commission ("PZC") on October 8 and received a unanimous recommendation of approval by a vote of 6-0. Our Request is now scheduled to be presented to the Village Board of Trustees for first reading of the ordinance for consideration of our Request (the "Ordinance") on October 20, 2026. In light of the limited nature of the Request, the fact that no new development is proposed, the PZC's unanimous recommendation of approval together with the absence of any public objection to the Request, and the fact that representatives of Plaza ownership must travel from out of state to attend Village meetings, we respectfully request that the Village Board consider waiving the second reading requirement of the Ordinance, tentatively scheduled for November 4, 2026, and take final action on this Request at its October 20 meeting. We appreciate the Village's consideration of this request and look forward to continuing to work with Village staff on all aspects of this matter. Should you have any questions or require any additional documentation, please do not hesitate to contact me directly. Sincerely, MELTZER PURTILL & STELLE LLC Brendan Penny CC: David Meek (via email) Michael Allison (via email) Brian Donley (via email) ORDINANCE NO. AN ORDINANCE GRANTING A PRELIMINARY AND FINAL PLAT OF SUBDIVISION AND A CONDITIONAL USE FORA PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT 990-1145 MT. PROSPECT PLAZA, 940-950 E. RAND ROAD, 1200-1220 E. CENTRAL ROAD, AND 802 E. RAND ROAD (OTHERWISE KNOWN AS i MOUNT PROSPECT PLAZA), MOUNT PROSPECT, ILLINOIS i WHEREAS, LBX Mount Prospect TH LLC ("Petitioner"), is seeking a preliminary and final plat of subdivision titled "Mount Prospect Plaza" and a conditional use for a preliminary and final planned unit development with certain exceptions with respect to property located at 990-1145 Mt. Prospect Plaza, 940-950 E. Rand Road, 1200-1220 E. Central Road, and 802 E. Rand Road ("Subject Property") and legally described in EXHIBIT A of this ordinance: WHEREAS, the Petitioner seeks a final plat of subdivision to create five (5) lots of record totaling approximately 26.462 acres consisting of the following lots: Lot 1A (approximately 23.054 acres), Lot 1 B (approximately 1.453 acres), Lot 1 C (approximately 0.582 acres), Lot 1 D (approximately 0.666 acres) and Lot 1 E (approximately 0.707 acres); and WHEREAS, the Petitioner seeks a conditional use permit for a preliminary and final planned unit development with the following exceptions: A. An exception from Section 14.1704.A to allow a reduction in the minimum required rear yard setback from twenty feet (20.0') to fifteen and seventy-six hundredths feet (15.76') for the existing bank building on proposed Lot 1 D; B. An exception from Section 14.1704.0 to increase the maximum lot coverage from seventy-five percent (75%) to eighty-seven percent (87%) for the Subject Property; C. An exception from Section 14.2306.B.1 to reduce the perimeter Landscaping requirement along North Westgate Road at the southeast corner of the Subject Property from 589 linear feet to 138 linear feet; D. An exception from Section 14.2306.B.1 to reduce the number of required shade trees from twelve (12) to three (3); E. An exception from Section 14.2306.A.1 to reduce the number of required Landscape islands to those currently existing on the Subject Property; F. An exception from Section 14.2306.A.2 to reduce the number of required Landscape island shade trees from two hundred fifty-one (251) trees to one hundred fourteen (114) trees on the Subject Property; G. An exception from Section 14.2306.B.2 to reduce the number of required shade trees and shrubs along Rand Road to zero; and H. An exception from Section 14.2307 to reduce the required foundation landscape area to existing conditions. WHEREAS, a public hearing was held on the requests being the subject of PZ- 16-26 before the Planning and Zoning Commission of the Village of Mount Prospect on the 8th day of October, 2026, pursuant to proper legal notice having been published in the Daily Herald Newspaper on the 23rd day of September, 2026; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations of approval, with specific conditions, to the Mayor and Board of Trustees in support of the requests being the subject of PZ-16-26; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have given consideration to the requests herein and have determined that the same meets the standards of the Village and that the granting of the proposed preliminary and final plat of subdivision and conditional use to allow a preliminary and final planned unit development with certain code exceptions would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the recitals set forth hereinabove are incorporated herein as findings of fact by the Mayor and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The Mayor and Board of Trustees of the Village of Mount Prospect do hereby approve a preliminary and final plat of subdivision and a conditional use permit for a preliminary and final planned unit development with certain exceptions at 990-1145 Mt. Prospect Plaza, 940-950 E. Rand Road, 1200-1220 E. Central Road and 802 E Rand Road, Case No. PZ-16-269 subject to the following conditions: 1. Development in strict conformance with the preliminary and final plat of subdivision titled "Mount Prospect Plaza", consisting of two (2) sheets, prepared by Blew Surveying, bearing the latest revision date of 10/15/2026 and attached as Exhibit B; 2. Development in strict conformance with the PUD Site Plan, consisting of one (1) sheet, prepared by Blew Surveying, dated 08/19/2026 and attached as Exhibit C; 3. Development in substantial conformance with the Landscape Plans, consisting of thirteen (13) sheets, prepared by Kimley-Horn, and bearing the latest revision date of 07/10/2026, excerpts of which are attached as Exhibit D, subject to the following condition: a. The Petitioner shall submit revised landscape plans demonstrating that all newly proposed trees and shrubs are native species, subject to review and approval by the Director of Community Development. All new landscape plantings shall be installed no later than December 31, 2027. 4. All previous conditional uses for a planned unit development or associated amendments on the Subject Property are hereby declared null and void. 5. Cross -Parking and Cross -Access Rights. Cross -parking and cross - access rights for all lots within the PUD shall be maintained pursuant to the Easement with Covenants, Conditions and Restrictions Affecting Land recorded as Document No. 90474272 ("WaLmart CCRs")and the Reciprocal Easement Agreement recorded as Document No. 17194391138 ("REA"), as applicable. Such rights shall remain in effect for the duration of the PUD and shall not be terminated, amended, or otherwise modified in a manner that would result in noncompliance with the approved PUD or eliminate required cross -parking or cross - access among the lots within the PUD subdivision; 6. Outlot 1 C Development Schedule. For purposes of Section 14.504(F) of the Village Code, no specific construction schedule shall apply to the newly created outlot, as no specific development or construction project for the outlot is approved as part of this Planned Unit Development. The establishment and recording of the Final Plat of Subdivision and Final Planned Unit Development shall constitute implementation of the Planned Unit Development. The absence of construction upon the outlot shall not, standing alone, constitute grounds for revocation of the Planned Unit Development pursuant to Section 14.504(F). Any future development of the outlot shall remain subject to all applicable Village approvals and regulations in effect at the time of development; 7. Future Development of Outlot 1 C. Future development of the newly created outlot shall be considered a minor amendment to the Planned Unit Development, subject to review and approval by the Director of Community Development, provided that the proposed development is generally consistent with the approved Planned Unit Development and utilizes architecture, building materials, colors, massing, landscaping, and site design that are complementary to and compatible with the shopping center. Approval as a minor amendment shall not waive or supersede any otherwise applicable requirement for conditional use approval, variation, or other zoning relief under the Village Code. Any use requiring conditional use approval shall remain subject to the applicable public hearing and Village Board approval requirements; and 8. Any future redevelopment involving the demolition or partial demolition of existing buildings shall be designed to achieve greater compliance with the Village Zoning Code requirements in effect at the time of redevelopment. 9. Except for the relief granted by the planned unit development, compliance with all applicable development, fire, building, and other Village Codes and regulations is required. SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby waive the platting, zoning, code exception and non- refundable permit fees. SECTION FOUR: Except for the relief granted bythe planned unit development and development code exception, all other applicable Village of Mount Prospect, Illinois ordinances and regulations shall remain in full force and effect as to the subject property. SECTION FIVE: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance and Exhibits A, B, C, and D with the Recorder of Deeds of Cook County. SECTION SIX: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this 20th day of October, 2026. Paul Wm. Hoefert, Mayor ATTEST Karen M. Agoranos, Village Clerk EXH I BIT A LEGAL DESCRIPTION PARCEL 1: LOT 1 (EXCEPTI NG TH EREFROM THOSE PARTS TH EREOF TAKEN FOR TH E DEPARTMENT OF TRANSPORTATION OF THE STATE OF I LLI NOIS BY CONDEMNATION REGISTERED AS DOCUMENT NUMBER LIR3201616, AND ALSO EXCEPTING THEREFROM THAT PART THEREOF TAKEN FOR CENTENNIAL SUBDIVISION BY PLAT REGISTERED AS DOCUMENT NUMBER LR3202476) IN PLAZA SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS ON JULY 169 1979 AS DOCUMENT NUMBER LR3104778; ALSO EXCEPTING THEREFROM THAT PART OF LOT IN PLAZA SUBDIVISION AFORESAID DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 29 DEGREES 46 MINUTES 10 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF SAID LOT 1, BEING ALSO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF RAND ROAD -AS DEDICATED BY DOCUMENT NUMBER LR3104778, A DISTANCE OF 296.41 (RECORD 297.66) FEET TO A POINT OF CURVATURE; THENCE CONTINUING SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE ON ATANGENTIAL CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF2,072.46 FEET, FOR AN ARC DISTANCE OF730 FEET; THENCE NORTH 20 DEGREES 56 MINUTES 31 SECONDS EAST, 615.26 FEET TO THE SOUTHWEST CORNER OF CENTENNIAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF REGISTERED FEBRUARY 11, 1981 AS DOCUMENT NUMBER LR3202476; THENCE NORTH 00 DEGREES 00 MINUTES 30 SECONDS EAST ALONG THE WEST LINE OF CENTENNIAL SUBDIVISION AFORESAID, 234.66 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1 IN PLAZA SUBDIVISION; THENCE NORTH 89 DEGREES 39 MINUTES 13 SECONDS WEST ALONG SAID NORTH LINE, 832.35 (RECORD 832.55) FEET TO THE POINT OF BEGINNING; ALSO EXCEPTING THEREFROM: PART OF LOT 1, PLAZA SUBDIVISION, IN THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11 EAST, EAST OF THE THIRD PRINCIPAL MERIDIAN, CITY OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF WEST GATE ROAD AND THE NORTH LINE OF EAST CENTRAL ROAD, THENCE ALONG SAID WEST LINE, NORTH 617.80 FEET TO THE POINT OF BEGINNING; THENCE N 89 DEGREES 58 MINUTES 31 SECONDS WEST, 294.97 FEET; THENCE NORTH 26 DEGREES 41 MINUTES 42 SECONDS EAST, 135.60 FEET; THENCE NORTH 63 DEGREES 15 MINUTES 52 SECONDS WEST, 389.30 FEET; THENCE NORTH 00 DEGREES 01 MINUTES 21 SECONDS EAST, 250.91 FEET TO THE SOUTH LINE OF CENTENNIAL DRIVE; THENCE ALONG SAID SOUTH LINE THE FOLLOWING FOUR COURSES AND DISTANCES: 1) NORTH 89 DEGREES 39 MINUTES 43 SECONDS EAST, 416.97 FEET TO A POINT OF CURVATURE; 2) 16.23 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 23 DEGREES 14 MINUTES 20 SECONDS, AND A CHORD THAT BEARS SOUTH 78 DEGREES 43 MINUTES 34 SECONDS EAST, 16.11 FEET; 3) SOUTH 67 DEGREES 05 MINUTES 57 SECONDS EAST, 135.16 FEET; AND 4) S 89 DEGREES 26 MINUTES 43 SECONDS EAST, 24.37 FE ET TO THE WEST LINE OF WEST GATE ROAD; THENCE ALONG SAID WEST LINE, SOUTH 493.79 FE ET TO THE POINT OF BEGINNING. PARCEL 1 ABOVE ALSO MORE PARTICULARLY DESCRIBED, BY METES AND BOUNDS, AS FOLLOWS: PART OF LOT 1, PLAZA SUBDIVISION, IN THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, CITY OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF WEST GA THE ROAD AND EAST CENTRAL ROAD; THENCE NORTH 89 DEGREES 37 MINUTES 28 SECONDS WEST, 813.32 FEET; THENCE NORTH 56 DEGREES 54 MINUTES 28 SECONDS WEST, 419.41 FEET; THENCE NORTH 33 DEGREES 05 MINUTES 32 SECONDS EAST, 35.00 FEET; THENCE NORTH 56 DEGREES 54 MINUTES 28 SECONDS WEST, 120.0 FEET; THENCE SOUTH 33 DEGREES 05 MINUTES 32 SECONDS WEST, 35.00 FEET; THENCE NORTH 56 DEGREES 54 MINUTES 28 SECONDS WEST, 38.52 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2,072.46 FEET AND ALONG ACHORD SUBTENDED BEARING OF NORTH 53 DEGREES 26 MINUTES 08 SECONDS WEST, 252.15 FEET; THENCE NORTH 20 DEGREES 57 MINUTES 12 SECONDS EAST, 615.3D FEET; THENCE SOUTH 89 DEGREES 37 MINUTES 28 SECONDS EAST, 698.30 FEET; THENCE NORTH 00 DEGREES 01 MINUTE 21 SECONDS EAST, 123.99 FEET; THENCE NORTH 89 DEGREES 39 MINUTES 43 SECONDS EAST,416.97 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET AND A LONG CHORD SUBTENDED BEARING OF SOUTH 78 DEGREES 43 MINUTES 34 SECONDS EAST, 16.11 FEET; THENCE SOUTH 67 DEGREES 05 MINUTES 57 SECONDS EAST, 235.16 FEET; THENCE SOUTH 89 DEGREES 26 MINUTES 43 SECONDS EAST, 24.37 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 1,111.59 FEET TO THE POINT OF BEGINNING. LESS AND EXC E PT: PART OF LOT 1, PLAZA SUBDIVISION, IN THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11 EAST, EAST OF THE THIRD PRINCIPAL MERIDIAN, CITY OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF WEST GATE ROAD AND THE NORTH LINE OF EAST CENTRAL ROAD, THENCE ALONG SAID WEST LINE, NORTH 617.80 FEET TO THE POINT OF BEGINNING; THENCE N 89 DEGREES 58 MINUTES 31 SECONDS WEST, 294.97 FEET; THENCE NORTH 26 DEGREES 41 MINUTES 42 SECONDS EAST, 135.60 FEET; THENCE NORTH 63 DEGREES 15 MINUTES 52 SECONDS WEST, 389.30 FEET; THENCE NORTH 00 DEGREES 01 MINUTES 21 SECONDS EAST, 250.91 FEET TO THE SOUTH LINE OF CENTENNIAL DRIVE; THENCE ALONG SAID SOUTH LINE THE FOLLOWING FOUR COURSES AND DISTANCES: 1) NORTH 89 DEGREES 39 MINUTES 43 SECONDS EAST, 416.97 FEET TO A POINT OF CURVATURE; 2) 16.23 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 23 DEGREES 14 MINUTES 20 SECONDS, AND A CHORD THAT BEARS SOUTH 78 DEGREES 43 MINUTES 34 SECONDS EAST, 16.11 FEET; 3) SOUTH 67 DEGREES 05 MINUTES 57 SECONDS EAST, 135.16 FEET; AND 4) S 89 DEGREES 26 MINUTES 43 SECONDS EAST, 24.37 FEET TO THE WEST LINE OF WEST GATE ROAD; TH E N C E ALO N G SAI D WEST LI N E, SO UTH 493. 79 FE ET TO TH E PO I NT OF BEGINNING. FURTHER EXCEPTING THEREFROM THAT PORTION DEEDED TO THE VILLAGE OF MOUNT PROSPECT, A MUNICIPAL CORPORATION FOR PUBLIC ROAD PURPOSES BY WARRANTY DEED RECORDED MAY 26, 2022 AS DOCUMENT NO. 2214619024. PARCEL 2: NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 FOR INGRESS AND EGRESS, PARKING OF MOTOR VEHICLES, LOADING AND UNLOADING OF COMMERCIAL AND OTHER VEHICLES, AND FOR THE USE OF ROADWAYS, WALKWAYS, AND FACILITIES INSTALLED FOR THE COMFORT AND CONVENIENCE OF CUSTOMERS, INVITEES, LICENSEES, TENANTS AND EMPLOYEES OF ALL BUSINESSES AND OCCUPANTS OF THE IMPROVEMENTS AS GRANTED BY EASEMENTS WITH COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING LAND DATED SEPTEMBER 28, 1990 BY AND BETWEEN MOUNT PROSPECT PLAZA LIMITED PARTNERSHIP, AN ILLINOIS LIMITED PARTNERSHIP, AND WAL-MART STORES, INC., A DELAWARE CORPORATION RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF COOK COUNTY, ILLINOIS ON SEPTEMBER 28, 1990 AS DOCUMENT NUMBER 90474272, OVER AND ACROSS THOSE PORTIONS OF THE FOLLOWING DESCRIBED "WAL-MART PARCEL" AS DEFINED THEREIN DESIGNATED AS PARKING AREAS: THAT PART OF LOT 1 (EXCEPTING THEREFROM THOSE PARTS THEREOF TAKEN FOR THE DEPARTMENT OF TRANSPORTATION BY CONDEMNATION REGISTERED AS DOCUMENT NUMBER LR3201616, AND ALSO EXCEPTING THEREFROM THAT PART TH EREOF TAKEN FOR CENTENNIAL SUBDIVISION BY PLAT REGISTERED AS DOCUMENT NUMBER LR3202476) IN PLAZA SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS, ON JULY 16, 1979 AS DOCUMENT NUMBER LR3104778 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 29 DEGREES 46 MINUTES 10 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF SAID LOT 1, BEING ALSO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF RAND ROAD AS DEDICATED BY DOCUMENT NUMBER 3104778, A DISTANCE OF 296.41 (RECORD 297.66) FEET TO A POINT OF CURVATURE; THENCE CONTINUING SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE ON ATANGENTIAL CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF2,072.46 FEET, FOR AN ARC DISTANCE OF730 FEET, THENCE NORTH 20 DEGREES 56 MINUTES 31 SECONDS EAST, 615.26 FEET TO THE SOUTHWEST CORNER OF CENTENNIAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF REGISTERED FEBRUARY 11, 1981 AS DOCUMENT LR3202476; THENCE NORTH 00 DEGREES 00 MINUTES 30 SECONDS EAST ALONG THE WEST LINE OF CENTENNIAL SUBDIVISION AFORESAID, 234.66 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1 IN PLAZA SUBDIVISION; THENCE NORTH 89 DEGREES 39 MINUTES 13 SECONDS WEST ALONG SAID NORTH LINE, 832.35 (RECORD 832.55) FEET TO THE POINT OF BEGINNING). PARCEL 3: NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 FOR INSTALLATION, MAINTENANCE, REPAIR AND REPLACEMENT OF ALL SUBSURFACE LINES AND CONDUITS FOR WATERMAINS, SANITARY SEWER LINES, STORM SEWERS AND RELATED ACCESSORY FACILITIES TOGETHER WITH ALL SURFACE STORM WATER DETENTION AREAS, INCLUDING, BUT NOT LIMITED TO, RETENTION PONDS EXISTING OR TO BE CONSTRUCTED, AS GRANTED BY EASEMENTS WITH COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING LAND DATED SEPTEMBER 28, 1990 BYAND BETWEEN MOUNT PROSPECT PLAZA LIMITED PARTNERSHIP, AN ILLINOIS LIMITED PARTNERSHIP, AND WAL-MART STORES, INC., A DELAWARE CORPORATION, RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF COOK COUNTY, ILLINOIS ON SEPTEMBER 28, 1990 AS DOCUMENT NUMBER 90474272, OVER, ACROSS AND UNDER THOSE PORTIONS OF THE FOLLOWING DESCRIBED "WAL-MART PARCEL", AS DEFINED THEREIN DESIGNATED AS UTILITY EASEMENT AREA DESCRIBED ON EXHIBIT "E" THERETO: THAT PART OF LOT 1 (EXCEPTING THEREFROM THOSE PARTS THEREOF TAKEN FOR THE DEPARTMENT OF TRANSPORTATION BY CONDEMNATION REGISTERED AS DOCUMENT NUMBER LR3201616, AND ALSO EXCEPTING THEREFROM THAT PART TH EREOF TAKEN FOR CENTENNIAL SUBDIVISION BY PLAT REGISTERED AS DOCUMENT NUMBER LR3202476) IN PLAZA SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS, ON JULY 16, 1979 AS DOCUMENT NUMBER LR3104778 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 29 DEGREES 46 MINUTES 10 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF SAID LOT 1, BEING ALSO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF RAND ROAD AS DEDICATED BY DOCUMENT NUMBER 3104778, A DISTANCE OF 296.41 (RECORD 297.66) FEET TO A POINT OF CURVATURE; THENCE CONTINUING SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE ON A TANGENTIAL CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF2,072.46 FEET, FOR AN ARC DISTANCE OF730 FEET, THENCE NORTH 20 DEGREES 56 MINUTES 31 SECONDS EAST, 615.26 FEET TO THE SOUTHWEST CORNER OF CENTENNIAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF REGISTERED FEBRUARY 11, 1981 AS DOCUMENT LR3202476; THENCE NORTH 00 DEGREES 00 MINUTES 30 SECONDS EAST ALONG THE WEST LINE OF CENTENNIAL SUBDIVISION AFORESAID, 234.66 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1 IN PLAZA SUBDIVISION; THENCE NORTH 89 DEGREES 39 MINUTES 13 SECONDS WEST ALONG SAID NORTH LINE, 832.35 (RECORD 832.55) FEET TO THE POINT OF BEGINNING. Common Address: 990-1145 Mt. Prospect Plaza, 940-950 E. Rand Road, 1200-1220 E. Central Road, 802 E Rand Road, Mount Prospect, Illinois PINs: 03-35-302-014-0000; 03-35-302-015-0000; 03-35-301-055-0000; 03-35-301-056-0000; and 03-35-301-058-0000. EXHIBIT B PRELIMINARY AND FINAL PLAT OF SUBDIVISION mm a r"' � � w$�w Vt�l w xn r :r WI 4 a Y kN Rol G, P + r o pp � �u wv'r�amm wrr w'hma�resvl r � �. 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';, %,� /:r,,.� 1,!/ ,/ ���jy, "r «,�,,,' rr ,� Ill /l o%�r 'r� rr'�' 31, Ifis roI / ayl/%'aql lri / f , .. ,,' ,.�// I ,. ,.0=6,..;All J///ia / „ / / /i, n/ r del , „", / jpf%%/iii//�fG�Wf i /� �/ '..,, r //irr 0 �///,/ii , /G,/rr/i/;�,, /iii///qr%� /fiv/�/iiife'� ,,. � ,,..��.1,�,� ,,,.,✓,,, l/`> l , �.'�/,�u ,._. r // i��'f p�/,i ■III■I�■■■I0 on on■■■■Io wo No Man am Maas Man moomflom Mal IF 4/ i / o/ 1' %%//''PH / / / / 0 / i , ��, / /, i�iaiiJ �i/l//%/%%%/O%////1m/o//L'���%O/////(O/O/�i�/O/��%/oa/oalO/��Ol�ol� ,a / �1�,: r�!/'% /ism/; pr;':. /i //ir/ ////// /r �� / / �u i:' LT µ 6 a i m & JTELLE a o Direct Dial: (312) 461-4336 Email: bpenny@mpslaw.com September 24, 2026 Ann Choi, Development Planner Community Development Department Village of Mount Prospect 50 S. Emerson Street, Mount Prospect, IL 60056 b� 7 jai � f1 14� a LANE SUITE 1900 SCHALUXIBURG., IL 60 173 SUITE 2901 °, IL 60606 T °L H 1� (l 2)987-9900 " Aa Re: Request to Allow Existing Reciprocal Parking and Access Easements in Lieu of Additional Plat Easement Language —Mount Prospect Plaza PZ-16-26 (PZZ26-000015) Dear Ann, Thank you for taking the time to discuss the plat of subdivision for the Mount Prospect Plaza. Pursuant to that discussion, and for the reasons outlined below, we respectfully request that the Village allow the plat to proceed without adding broad cross -parking and cross -access easement language to the face of the plat. We understand that the Village generally requires such language when property within a single development is subdivided into multiple lots to ensure that each lot has adequate access to adjacent roadways and sufficient parking for the uses occupying it. Here, however, reciprocal parking and access rights have already been established throughout the Plaza and with adjacent parcels pursuant to existing agreements of record. First, that certain Easement with Covenants, Conditions and Restrictions Affecting Land recorded as Document No. 90474272 (the "Walmart CCRs") grants nonexclusive, irrevocable, and perpetual easements for ingress and egress, parking, loading and unloading, and the use of roadways, walkways, and related facilities throughout the designated Parking Facilities throughout both the Plaza and Walmart parcels. The Walmart CCRs also grant vehicular and pedestrian access for the benefit of both Parcels to Rand Road, Central Road, and West Gate Road. By the express terms of the Walmart CCRs, these easements run with the land and bind future owners and tenants, including the owners and tenants of the lots that will be created by the proposed plat of subdivision. Second, that certain Reciprocal Easement Agreement recorded as Document No. 17194391138 (the "REA") establishes reciprocal parking and access rights among the owners, tenants, and other authorized users of the Walgreens Parcel and the Plaza. Accordingly, the Plaza and the adjacent Walmart and Walgreens parcels are already benefitted and burdened by recorded cross -parking and cross -access easements. Current and future owners and tenants will take their interests subject to those existing easements. Under these circumstances, providing additional cross -parking and cross -access easements on the face of the plat of subdivision would not provide additional benefit or protection to newly created lot owners or tenants. Instead, overlapping easement rights could create inconsistencies and ambiguity regarding Ann Choi, Development Planner - Village of Mount Prospect September 24, 2026M ........... Page2 of 2 ....... . .. .. .. .. .. .. . ....... ....... ........... ........... P ........ the relationship between the newly added rights and the rights and obligations established by the Walmart CCRs and the REA. For these reasons, we respectfully request that the Village allow the proposed plat to proceed without additional cross -parking and cross -access easement language. By way of suggestion, a condition could be written into the PUD approval ordinance requiring that cross -parking and cross - access easement rights be maintained through recorded CCRs and/or REAs for the benefit of all lots within the PUD subdivision. In that way, those rights would need to be maintained in order to preserve the PUD zoning approval. We appreciate the Village's consideration of this request and look forward to continuing to work with Village staff toward a resolution. Please let us know if you would like to discuss this further or require any additional documentation. Sincerely, MELTZER PURTILL & STELLE LLC Brendan Penny CC: David Meek (via email) Michael Allison (via email) Brian Donley (via email) Felipe Bosselin (via email) C 46 J E 134 136 137 EASEMENTS WITH COVENANTS, CONDMVOSS AND RESTRICTIONS AFFECTING LAND # R. 0 tot THESE EASEMENTS WITH COVENANTS, CONDITIO%S A,,4 D R ES T R I C T 10,44 S 142 AFFECTING LAND (the "Easement Agreement") is made as :e- -.,,e 28th day of _,Sep�- 143 tember, 1990, by and between MOUNT PROSPECT PLAZA 1-13VITED PARTNERSHIP. an 144 Illinois limited partnership ("Partnership-). and WAL-MART STORES, INC., a Delaware 141-3 corporation (";Va 1 -!640 af t 1. 90474 4Z 7, 00� v, 47 147 WITNESSETH: 148 WHEREAS. Partnership is the fee owner of an approxc= 32.242-acre parcel 149 of real property, wt*_ich is legally eecscrlbed on Exhibit A !-.ereto and made a 150 part hereof and located in the Village of 'daunt Prospect, C,:)--:-.z Cook ind State of 151 Illinois ("'Parcel. 1**). ?3rCel I is improved with an approxi=-2-,_=.-; _193.000-square foot. 152 39-user shopping ce.njer. commonly krown as Mount Pros-:*-1-: ?Azar (the -Shopping 153 Center"); 154 WHEREAS. W '-.Nfart is the fee owner of an approxin*a:;_--_-; ,�.126-acre parcel of 153 real property, which �s legafly described on Exhibit B atta&;=_-,_4 7�e_-,_zto and made a parr. 7 156 hereof, and also loica,ked in the Village of 'Mount Prospect. .--f Cook and State rill' 154 Illinois ("Parcel 11'") iParcel I and Parcel 11 sometimes are referred to 153 collectively as tte -Parcels" and individually as a "Parcel"; and tVal-_%Iart 159 sometimes hereinafter are referred to coi:ectively as the "Par*_mesT* znd individually as a 160 "Party"); 161 WHEREAS, Parcel 11 is contiguous To and generally no�� Es, of Parcel 1, as 162 depicted on ft.e s.te -'an attached hereto acid made a part herect., _:A,.ibit C (the "Slite 163 Plan"') and wherideve-'c--:�ed by $,Val-.%1art -.%,W become a part of Center,- 164 WHEREAS. WaLl-Mart intends to con-itruct certain 2mp7c. on Parcel 11 as 163 depicted on the Site P:an ithe "Wal-Mart Suilding and Parking D�-* 166 WHEREAS. tea: -'start and Partnership desire to enter irto -Hiasement Agree 167 ment in order to create ar*.-d establish certain easements and conditiors and 163 restrictions to facililate, the separate ownership and operat.-;.ztn :."eir respective 169 Parcels as a singular. integrated shopping center development; Irk 170 NOW, THEREFORE. for and in cons;,6eration of the ie- fol-Ith above and 171 the mutual easements. covenants, restrictions. and encumbranicers herein an 3 4 5 EFDO180 09/25/90 1010iA Order: 813450 Page 1 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM Doc:90474272 I cA 19-3 good and valuable consideration, the rece:pet. adequacy and sljff'-c:ealcy of which are 174 heracknowledged, V:e Parties do hereby z-ree as follows: I -A6 1. Earicipg, Access, and Ingress and EzreZ Ea-sements. 4 a. Grant of Easements. Each party, as grantor. tereby grants to the 179 other- party, as grantee. and to the agents, c�,.stoniers, invitees, 180 livens s, tenants and of grantee. or of any tenant of 181 grantee. a non-exclusive. -i.--_*o.,vocable and perpet-al easement over. 182 thro(, gh and around there NCt.,ons of Parcel I are Parcel It depicted 183 on Exhibit 0. attached t.em-n-eto, and made a par: t ftereof, or such 184 other portions of the Parcc-15 as the respecti.*e rnrwnlers thereof, at 185 their sole discretion, s4l-.aj, fern time to time designate as parking 186 areas, including, but not .'.�_—ited to, those areas on which decked 187 parking may be construezec' from, time to tirre (collectively, the 188 "Park,ng Facilities-) for of ingress a. -Ad egress, parking of 189 motor lb*ehicles, loading an: uriloading of car=ercial and other 190 vehic.'es, and for the use roadways, walkways, and facilities 191 installed for the comfort a:,-' convenience of c-.�!omers. invitees, 192 licenszees, tenants and emp'..DN-ees of all businesses and occupants of 193 the improvements cons --.r to be constructed cn the Parking 194 Facilities. 195 further, to the extent reasonably nece_c'sa'-?- for any of the 196 followling described purposes, ej;:h party. as grawo�% .�-.ereby grants 19", to the other party,, as grantee. to the agents, cc, n*,:,actors and sub- 193 contractors of grantee and io .*.-.e employees of any of them, a 199 non-exclusive, irrevocable and -e.rpetual eases en! o,,w, through 200 and aro4,jnd the Parking FaciLtr'.'es of their resPec!.­.,e Parceis for 201 (i) access for motor vehicle a:,%-J -edestrian trafL'c ro and from the 202 Parties' respective Parcels fnz�:'_ and to the Dubuc rr,-"adways com- 203 monly known as Rand Road, Cen cat Road and West Gate Road and 204 00 ingress and egress of trvv;zs. equipment and ot!%e,- •10"ehicles dur- 205 ing the periods of construe tion of improvements on each of the lb 206 respective Parcels, as well as &_--i.-g any periods of. 'laintenance, 207 repair, alteration, addition, re.-jo-.-at*.;on or restoratioa rilf, any of said 208 improvements- provided, howe,',e.. that such ease —En? grant shall 6 8 EFOO181) )9/25; 99 1010 2 I Order: 813450 Page 2 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM Doc:90474272 Ilk QL 'AAA 210 be for only such penot t= time as is reasonably necessary to 211 accomplish the intended and further provided that at such W time as the improvements. cn either Parcel have been completed 213 and all or any portion of T`.kee improvements on such Parcel are open 214 for business to the public, nei*rer grantee shall, in the exercise of 215 the foregoing ease.ment unreasonably interfere with the 216 business being conducted on -,,--.e grantor's Parcel. 219 b. Limitations on Use. 221 (i) Boundaries. The -A'e!5-e:,n boundary of Parcel I is con- 222 tiguous to the easte!-.n ':)cundary of Parcel 11. Except 223 as sh.own on Site Plan. :":either Party shall construct a 224 barrier, curb or ----.Iprovement on the boundary 225 between Parcel I and Parcel If which would prohibit 126 or prevent 0) ingress c�* egress to and from Parcei f 227 from and to Parcel 11 ::-; -rotor vehicles or pedestri- 2) 2 3 ans, or {it) access to ;a:-:d from Rand Road, Central 729 Road and West Cate R,:adj from and to Parcel I and 230 Parcel 11. 231 (ii) Customers. Each Parr -. --all use reasonable efforts to 132 ensure that their customers and invite 233 shall not be permitted :o -ark on the Parcels. except 234 while shopping or business on Parcel I ote, 2.35 Parcel 11. 23S (iii) Employee P40ang. E_,ac-_ Party shall use reasonable 234 efforts to ensure that -E-=;,'oyees of the businesses 233 conducted upon their rive Parcels park their 233 cars in tte those porrii,-ns w-,f the Parking Facilities of 24) such Parcel which are "-:� furthest away from the 241 then ex_'%ting on each. Parcel. as 242 depicted on Exhibit D at sra�.-ed tereto. • 243 40 General. Any activity c--nd.;cted upon the Parking 241 facilities. other than thase =x-ressly permitted under 245 this Paragraph 1, shall be ;,�-Es*,rnitted so long as such 246 *r activity shall not interfere with such 1 7 8 E1" )180 09/25/90 1010 3 Order: 813450 Page 3 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM Doc:90474272 pri.mary purge. Persons using the Parking Facilities in accordance *-%-ith this Easement Agreement shall WT to charged any fee for such use. Pa-rki!X Ra,tio, Nlaintenangq,_Angj�� . a. Parking R a tio. Q) P )9- _Argg_Rk:i_o. It is understood and acknowledged that the number of parking spaces currently located on Parcel I and, following the construction of the Impmvernents on Parcel 11 as depicted on the Site Plan. on Parcel U shall exceed the number of parking spaces cur- rently required to comply with parking requirements under a pp 11 c a b.e zoning laws and ordinances for such improvements and that the parking spaces located on Parcel It above. together with a portion of the spaces located on Parcel I not required for the Improvements constructed on Parcel I. shall be suf f icient to cause the Improvements to be constructed on Parcel 11 to comply with parking requirements and zoning laws and ordinances. See Insert NOD on Page VAK (ii) Relocation. Notwithstanding the provisiors of sutpara- izraDh 2(a)(D above to the contrary. either Party may relo- cate, expand or make changes to the Parking Facilities located on their respective Parcels, at its sole cost and experse, at any tirne, provided that such relocation. expan- sion or change (i) shall comply with all applicable laws, statutes. ordirances, rules, regulations, codes and recorded restrictions, (ii) shall .rot reduce the parking ratio set forth P,ir;ao,ranh horr-rJ anti Iiiii shall tint ntl-orwfc�p 1:ir)1.1tP the provisio,.-s set forth in Paragraph I or this Paragraph 2. Further, any relocated. expanded or changed Parking Facili- Xlok ties shall be located 4jttdn the buj M.aries of the applicable b Parcel. NotwithstandUrg the foregoing. if the Parking Facil- ities are so re'.ocated. the Party causing such relocation will grant to the other Party a new easement substituting the Ih _A*- AL -a t616%CtVA4hi "'U I- , at%1 A,tV&$a asx;m- sated for Ute prior e&se—,.eat area, and such other Party will 0 Ar Order: 813450 Page 4 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM Doc:90474272 No- 4L Ar 40 1202 I.-.-:.ert NaXi) on Page 4. 1205 PartrR-ship agrees that, at all times durirg tte term of this Easement Agreement, it 1206 *^-ill maintain no fewer than six (6) parking -aces for each one thousand (1,000) square 1207 feet of rentable area of improvements located from time to time on Parcel 1. whether 1203 su-M parking spaces are located in surfaces '.ats, parking structures or in any. other 1209 rneans or combination. Wal-Mart agrees ttar, at all times during that term of this 1210 Easernent Agreement. it %-ill maintain on Pa.-cel 11 substantially the same quantum of 1211 parking spaces as are depicted on the Site P: 36 37 38 09,125/90 1010 VA) Order: 813450 Page 5 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM Doc:90474272 I ft 4W, r - i) t� ems`IL 4W, 41- 1W 276 release the existin-g easement in accordance with tte terms 277 of Paragraph 16 heirect. R. 0 230 b. Maintenancv. 282 W Standards. The Parties shall maintain in a clean. sightly* 283 safe. unobstructed. good and usable condition and repair that 284 portion of the Parking Facilities located on their respective 1) 0--1 rfv40c 4ziid%h 'oz rn inelix-le withnitt lirnitatinn is 236 the following: 288 (a) Maintaining t,',.e szurfaces in a level, smooth and 289 evenly -covered cordition with the type of surfacing 290 material origina:ly installed or such substitute as shall 291 .A in all respects be equal in quality, use, and durability-, 292 (b) Removing all pa;ers, ice and smw, mud and Sand. ri Pnr-4c fitth nrij i-oriica !%nri thrir"terhly cwcLaning the 294 area to the extent reasonably necessary to keep the 293 area in a clean and orderly condition; 296 (C) Placing, keeping in repair and replacing any reces- 2941 sary or appropriate directional signs, markers and 2133 2�9 11 r. es; (d) Operating, keepirg In repair and replacing, l-,ere rxp^pcc:irL- citexh -Artif?^iij lirthting far-ilitiAC Ar. <h;III hA-% 3131 reasonably required: 3,3,7 (e) Maintaining all pe,-"imeter and exterior building walLs. 3-3 includirg, but not 4:7,i'red to, all retaining walls in a 31-.14 go-od condition ai-A state of repair-, and 3 (f) Maintaining, 'needing, trimming and water- . . . . . . . 3 ing all landscaped a.,--aas and makirg such replace- arA nit -or Innticn2nina 2C is, recessary- 13:9 QD Coo w tion. All relocation. maintenance, repair and ma 310 replacement of the Nrki.ng facilities shall be made so as to 311 interfere as little as practicable with the rights granted to 312 the other Party pursuant to this Easement Agreement and 313 with the operations on each Parcel of any of the respective Am F 314 owners thereof or their emp*.oyees, agents, tenants, invitees Order: 813450 Doc:90474272 Page 6 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM lit 1IN't 'A 316 or licensees. The Partie-s use CverY effort to coordi- 317 nate relocation, maintepanoe. repair$ and rep*.,acernent so 318 that the portion of the Parking Facilities located on Parcel 1 319 and Parcel 11 shall not t)e obstmeted at the same time and 320 each Party shall give reasonate prior written ►-*tice to the 321 other Party of its intention to undertake si�ch relocation, 322 maintenance. twair and replacement. The Parties shall QL 323 conduct repaving of that pot tion of the Parlor. Facilities 324 located on their respective Parcel so as to provide a smooth 325 surface between the Parcels. 326 (iii) EAMnses. The Parties shall pay all costs and experises to 327 relocate, maintain, repair or replace that portion of the 328 Parking Facilities located upon their respective Parcels, as wP11 ;tq tha.;P_ eo;r& And PxnPr.-7x_�.N- which mat ;irii;e in eonnpe- 330 tion pith subparagraph 21 bX iv) Ir ereof 331 GO Failure to Maintain. In the event of an emergencY requiring 332 relocation, maintenance, replace rent or repair of tf.e Park - 333 is ing Facilities, if the party -,o responsib!e for such 334 maintenance or repair does not undertake the samerithin a 333 period of time which is reason3tle under the circuTstarices 119 no tir it ricip< not annp;ar that qmeth Part%: Athn is rp--q r, i 1P w 337 or will be at)le to, undertake such maintenance or repair, the 338 other Party may, at its option, perform, such maintenance or 339 repair and pay any and all ectsts and charges &&scxiated 340 therewith. 341 Subject, to the provisions of Paragrapl 4 hereof, in 342 I the event that a failure by either Party to relocate« nnain- twin ran1::kr*o nr ronair tho nnrrinn rif rf-,a Dnrkira 9*:3c+iliticl< 344 located upon its respective Parcel« as such Party is required 345 to do pursuant to this Ea5ement Agreement, results in a 346 -naterial interference with the right- granted to the ot�.er 114 _J 347 Party by this Easement Agreement, or with the use or oper- 343 ation of the other Party Parcel or the jmpro,..et tints 349 located thereon from time to time, but dk)es riot result in an 6 7 3 EFDO180 tD9/25J90 1010 6 L, I Order: 813450 Page 7 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM Doc:90474272 351 emergency, the other Party may notify the Party in default 352 of such failure in writing. In the event the Party in default 353 fails to remedy such default within ten (10) days after 354 receipt of such notice or, if such default cannot be cured 355 within ten (10) days, in the event the Party in default fails 356 to commence the cure of such default within such ten (10) 3 77 day Period and to diligently pursue such cure to completion. 358 the other Party may, at its option, subject to the rights 359 under Paragraph 8 hereof of the holder of any mortgage, 360 perform the Obligation -which the Party in default has failed 361 to properly perform hereuneer and pay any and all mts and 362 charges associated therewith. 363 Pursuant to Paragraph 14 hereof, upon the occurrence 364 of any event described in this, subparagraph 2(b)4iv), the per- J Z) .16- forming Party shall be entitled to recover from the other 366 Party the charges, fees. costs and expenses incurred by the 367 performing Party (including. if the other party is in default, 363 reasonable attorineys, fees) in connection therewith if the 369 obligation is one which -.,as to have been performed pursuant 370 to this Easement Agreement by the Party in default at its 371 sole cost and expense, ircluding, in each case, interest at 372 the Default Rate of lnte.nesl (as hereinafter defined) from 373 the date of payment. S,-,.ch charges, fees, costs, expert~es 374 and interest shall be paid by the other Party within thirty 373 (30) days after receipt of a statement thereof from the 376 performing Party. For ti-e plxposes hereof, the term .3-7 "Default Rate of interest" shall be two percent abo-e 378 the per annurn interest rate announced from time to time by 34-9 Citibank, N.A. in ";ew York. New York as its "prime" or 380 -base,, lending rate; or, in 01'.e event that Citibank. N.A. 381 ceases to pub],Llsh or anno.-ce such rate, the per annum 382 interest care publist-ed fronn time to time as the "Prime 383 Rate" in the -Morey Rates- column of The Wall Street 384 Journal. 6 7 EFOO180 09/25/90 1010 47e Order: 813450 Page 8 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM Doc:90474272 0- fw ;ZALFi MONO Each Part, which performs any relocation, mainte- nance, repair or replacement of the Parking Facilities IBM #1 R.0 located upon the Pa: cel to wtilch the other Party is fee owner and benefiting its own Parcel. shall restore the area affected by such re.ocation, maintenance, replacerrent or repair to the condition, existing prior thereto or prior to any damage or disrepair necessitating such maintenance or repair, and any failure to do so s�,1.311 give the Party which is fee owner of such Parcel the r.ghts of a non-defaultirg Party pursuant to this Paragraph 2. C. L timne. Wal-Mart herety covenants anti agrees that all exter!or fighting located on Parcel 11 shall be illuminated at least during all hours when the exterior lighting located on Parcel I is illuminated, but in no event, later than 10-:00 P.N.I., un.,ess Partnership pays for LAy Faci4tLm a. Grant of Easement. Each Party. as grantor. hereby grants to the other Party, as grantee, and .,,j rine agents, irivitees, and emp'oyees of grantee. or of any tenant of grantee. and to the puVl.c or quasi -public utility companies wf-.ase facilities may now or t+.e*reaf- ter traverse Parcel 1 or Parcel U. incluc;r-g, but riot limited to. those easement rights granted to Public Ser. Ice Company of NorthyR - ern Illinois, Northern Illinois Gas Company. thinois Bell Teleptione XI a Company and the Village of Company, Comrnonwealth Ed��, Mount Prospect, and their succesz-zrs and aszsigrs, a non-excl�si,.-e, irrevocable and perpetual ease�ent on. under and ac.ross ilia certain utility easement area .--.ore particularly described on EX1,11" a traePed hereto anm;ai d ce a part r.e-euf, for the purpc,�se of the insiallation, maintenance, repair ared replacement, If required. of all subsurface lines and conduits for watermains, sani- tary sewer lines. storm sewers al-xj related access-ory facilir!es together with all surface storm water detent.-on areas, includirg, but not limited to, retention ppo.-.,ts exsting or to be constructed L within any part of their respective Parce'sb (collectively, Order: 813450 Page 9 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM Doc:90474272 12 M . "Utility Facilities"). It:e foregoing shall tie ce-formed. or caused to yy be performed. by the Parties as expeditio(is:ly as possible so as to ISm %1 minimize interference with the use of the o►..ter Party's Parcel, R,0 including, but not lirsited to. the rights granted pursuant to Para- graph 1 t;ereof, and the applicable Party shall restore, or cause to F � be restored, the ,area of the Parcel affected by tie Utility Facilities to a condition as zood as or better than that existed brier to the aforelr,entiored activities.." (il Conr�rectin . Each grantee shall have the right, at its sole cat and experse. from time to time to make or to cause to be made. and install eater taps, sewer r. �r connectors, stuff. laterals and feeders c- nnected to '- and extendir:g from the Utility Facilities. provided rh.�t cYrn�-, r+n:�rrrt��;� taniliticrc any r+nr�rw rWr►rr,r,Ttw AW • a ..s w ... +... r + s kr. +w x a x , w .. w + _ � , .,x *r • + w • + w,.a.r .• x w ....,,.: ,.,,. ,......,,,t v v a x x �++ � with all applicah:e lags, ordinance;... :uses and . c regulations. tit) Relocation. Each g{ antor shall have the :right. at its f` 443 sole cost and expense, to relocate. or to ca-. to be t 44 relocated, any Utility► Facilities situated in its Parcel, ~ 445 pro Id+ed that such xelocation shall comply .%-ith all ! 1C` r..ticalai txw r_.,rr ss...wr,,r,+..w- ordin+incwY..r' •.. r*+,_.• wr«wrwv .'I .+a .. `r ..�'t *R4G Ci�/�l111 £lW4 1a w', atgC'11�, 1. AUtIJCTt1VC`!s ttl�. y tf;:SUQ 447 tionS, eccies and recorded restrictions-, P. tiow- 448 ever, that if such Ctiiity Facilities are so re. cate+d, 449 the Party* causing .ch relocation will grant to the 450 other Party a new e:Ljement substituting tie new ; 451 easement area to ,vtiich the Utility F'ac '.:ties are 452 relocated for the prior easement area, and s~. ch other 453 Pari -evil! re:ea, tie exisiiiig 454 dance with the terns of Paragraph 16 hereof. 455 Repgr ar4 �IaZi itei n e. The patties hereto agree to : 456 install, maintain, reps--k, replace and restore, or to 457 cause the foregoing to occur, at its sale co6t and 458 experses. the Utility Facilities, or portion hereof t. 459 situated upon its respective Parcel, in a sa.e and w.. 7 8 EFDtO180 09/25/ 0 1010 9 4 Order: 813450 Page 10 of 30 Requested By: firstam08, Printed: 9/21/2016 1:36 AM Doc: 90474272 M secure cle-rdition in 3r.Ce with all applicable I aws. regulations 37*d ordinances. Iristallation, main :en-3nce, repair. ne;iacement and restoration shall but are not li.rnited to, rodding, trench- ing. c.eanir.g, and grass as and when required. 9_CKV_eMt10n- All relocat-..-_.'-, r.naintenance, repair and replac*-m-ent, of the Utilizo; ti Facilities shall be made cn as tO inerfete as little as ;-racticable with the rights granted to the other Par!.-; pzirsuant to this Easement Agrec-7-ent aW vqith the ci:erations on each Parcel of any of wte respeeti,16-e o-oiners thereof or their ernp.loy, agents, tenarus. or licensees. The Parties S all use every effr:tr to coordinate refxsca- the poi trin of the Ui.4il:,; Facilities located on Parcel I ard Parcel 11 shal- .-ot be obstructed at ts'-.e, same tirne and each Party Stall give reasonable Prior 478 written -.07ice to the ot),-%- Party of its intention to 479 undertapke such relocation. maintenance, repair and 480 replace,*,,,e_.r.t. 481 (v) Exmnses- The Parties �' a],J pay all costs ard 482 experz-.es *-o relocate, main*.3u:n, repair or replace it -at 483 portion of the Utility located upon or their 484 respecii-;e Parcels, as those costs ard 485 experses may arLsa n connection with SLbr- 486 paragrap!,4 3.1 a.-Ivi) hereof. 487 (Vi) Failure to Maintain. In e--'ent of an ernergef"C... 488 requiring -,e_c-cation, replacement or 489 repair of Utility Faci;'i!_'*.es. if the Party who 490 responsible for such maintena.!-ce or repair does rot 491 undertake. or, cause the same zo be undertaken, ute tz Ift'41 W 492 same -h-ith:n a period of li---e Which is reasonat:e 493 under the eircumstances oz- i", does not appear ttiat 494 such Party -o-ot:o is resporsit:e will, or will be able to, 6 7 8 EFDO180 09,,25/90 1010 10 Order: 813450 Doc:90474272 Page 11 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM W 514 516 5 17 513 519 520 -321 522 or underta'<e such maintenan-!,e or repair, the otter Party at its option. ;r---.rjrm such maintenance or repLor and pay any and z--- ersts and charges asso- ciated t2erewith. pn:% ztors of N��tiect to the Paragraph A hereof, i,-i the event that a by either Party to relocate. anaintain. replace =�r repair the portion of the UtJry Facilities on the ?13rcel to which it is fee vovner. as such Party is to do. or cause to be done, p-.---,jant to this Ease=.-ent Agreement, reslults in a mateL interference wit.~ --.'"-e rights granted to the other Par -Ly- by this Easerrenr Agreement, or with the use or :>Deration of the Party*s Parcel or the impro,."e:7ents located there--,r, fi*om time to time, but does not result in an the other Party may notify the Party in default c.-I s;;ch failure in writing. In the ---"ent the Party in ck--r1;",t fails to remedy such default w-it-I-.in ten (10) da-,after receipt of such notice rar. if such default cs=-ct be cured within ten (10) days, in the event the ;-arty' in default fails to commence the cure of stew-t tefault within such ten (10) day oeriod and to dilige--.-i pursue such cure to comp7.e!ic,n. the other Party =-ay, at its option, slub- ject to ite- rights under Pa-iv3ph 8 hereof of the hol(,.Ie,,* of, anv lien, perform ---e obligation which the Part), -'n tefault has ri-3 P roperly perf or.r.m. herewnrner Ind E)av anv a:*":: aA4! costs and charzei ited t.-.eLrewith. PL��-.:ant to Paragrap:-. 14 hereof, upon the ence of any even described in thi-Sp WaXvi), the pe::-'.---rmJIng Party to �d to recover from the r--ter Party the charges, .its arA expenses by the performing e%i t"o- et w- A; r-e%,e% Ity r%r- i r---;- I %,- I i n Mi itii ner if t )- el V--I L I . G & %AJL L W—%- aij %0 A A A V— &,y % & K A Ik. 4 %ANA 4 1 FL., 44 4.A W- W EMA 7�Z Order: 813450 Page 12 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM Doc:90474272 &1:, ----------------- 531 otfet- Party is in reasonable attorneys' fees). 532 in c%innection there*o%rith if the obligation is ore which 533 was to have been performed pursuant to this Ease- 534 m e.-At Agreement by the Party in default at its sole '35 cozzt an.4 expense. in each case. interest at 536 me Default Rate raf Interest from the date of 537 payment. Such charges, fees. costs, expenses and 538 interest shall be paid t-#-9 tf.e other Party within thirty 539 (3,)" dares after receipo. of a statement thereof from 540 the pe.-forming Party. 541 Each Party wftclh performs, or cau-ses to be 542 perfo.-med, any re'6ocat.;on. maintenance, repair or 543 replacement of the Ctiiity Facilities located upon the 544 a Parce., to which the oti-.e.- Party is fee owner and ben- 545 efitj'r:g its own Parcel, shail restore the area affected 546 by s7�:ch relocation, maintenance, replacement or 54-7 repair to the condition existing prior thereto or p.-lo,-, 548 to any damage or disrepair necessitating such mainte- 549 nary or repair, and an,^,; failure to do so shall gi*.,e the 5-o Party which is fee owne.- of Such Parcel the rights of 551 a non-ldefaulting Party, ;x.;r,-,-Lant to this Paragraph 3. '53 a 4. Form Majeure. If ether Party hereto fallis to perform in a timely ma.n.Arer 554 any of the obligations to be performed by such Party ;-,neer this Easement Agreernent, 555 and such failure is due in whole or in part to any strike. lockout, labor trouble. civil 556 cam -.order, irability to procure mate:'ials, failure of ;vc,;,ver. restrictive go,.'ernmental iaws ,557 ard regulations, riots, irisurrectc.--s. war, fuel st.o7oages, accidents, casuaitles. acts of 5 -0 a God. acts caused directly or by the other Party (or such other Party -s empiloy- aso 559 ees, agents. licensees, invitees or concractors) or a, ore.er cause beyond t:.-e renab!e 560 control of the non-performinq Party, then the non -performing Party shall not te 561 deerned in default hereutrvder as a result of such The foregoing shall not excuse 5 '62 any failure to make any payment of -roney in a tirne'y manner. 563 Neither Party shall be liab',e in damages for a.n-; interruption of utility services to %J 564 P'.e Parcel to which the other Party is fee owner w!n,*Xtri may arLse out of or be caeca- 5 65 --oned brarelocation. maintenance. repair or replace..--.ent of the Utility Facilities unless 7 8 EFDO180 09/25/90 1010 12 W, Order: 813450 Page 13 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM Doc:90474272 567 such interruption of se-1vtc,-A -esults from (te or willful misconduct of such 568 Party. R. 0 569 5. Construction at Wal-Mart BuH4LM_ar4 Parking Lot. (a) Wal-Mart hereby 570 covenants to construct the w3A-'Mart Building ane- ?,arking Lot in a good and workman- 571 like manner. in SLtStantia.' compliance with 'Ine- -lans and specifications for the 572 Wal-Mart Buildirg and Park':'? Lot as have been by all required governmental ft.. * 1-0% .' 9 1 ele- -*r%A D,%rL-%*r%Pv T zi, -ill mz%^t tlhm of -AnA V A %P 57A 4 AMU L94V& A V4%-,J- A AA%, RRGAA .'A"4k V *.T--A "4 " 46 W4 "44#5, 4..'d . .;A Wa a'- a VAR 16A*Av Wal-Mart shall obtain, ail csr-:-,ificates, licens,-. permits, consents or any 5 7 a' other documentation require:: I.-y all, applicable ,*Iations. rules and ordinances 576 of all governmental bodies ha7t�-g jurisdiction over ?.a.-cel 11. 577 (b) (See Page 13AI. 579 6. Indem nil ica fim,L-sura nce. 581 a. tn&trinificaton. Each Par,,.--a-,-.-e-by indemnifies and saves the 5- 8 2 . otter Paz narmless, from z--,- against any and all i.'acility. loss. 583 damage. expense reasonable attorneys' fees). 534 causes of z--cton, suits, clai.r---i. --c udgments arising from personal 585 in -Jury. or property anal arising out of or resulting a from, o.- --*---:--,rring on or frc--. t-i,,xh Party's use of its Arespective 581, Parcel pent to, or exerc.� of its rights granted !',nder. this 583 Easement :z19ernent, except by, the willful nnlzsconduct or 539 gross neglirnee of the other nereto. b. Insuranm 593 0) Eact Party shall proc-.— and maintain in full force and 594 throughout the of this Easement Agreement -53 gen--:%7I.- public liabilit.*.- -:.SL-7ance. including mntractual 5 i 13 and property s-;-m-�i-e insurance against claims for 59 iniury. death o� damage occurr4-g upon, in J its Parcel, eacn ir,5urance to affG7d protec- t o.-. i an amount -,-s- ess than One %TilLoi Dollars coo f l R -.;.-.'.'ri0.00) combine-� limit per occurre.-ce or such 601 -'--mit as the oft.e.- ?.a.ry may reasonably r-I,est and G02 pmoc---s for its own po.!.c!-. of as required by any A-i-ortgagee 603 .3 mortgage from !.,il--ne to time secured My either 604 Pa.r:7s=-:*-!:-.hip's interest in ?;i,cel I or Wal-Mart's interest in C 0 -5 Pa.rc-- H. Such insura.-:e gal,.be written b*; additional 6 7 8 EFDO180 09/25/90 t010 13 Order: 813450 Page 14 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM Doc:90474272 .4 Or 1154 Insert 5(b) on Page 13. -%7 ihi Pt%rfjnr-vz rif -:1-P Park-inrAcjj-,T-z< anti rwitv Facilities and relate :'.9K —_7 1153 improvements contemplated by the Site P12.-. 34-xd the Utility Plan are located on 1159 Parcel I (the -Parcel I Irr p.rove men ts-). Wal-'.a.-r ssball commence construction of the 1160 Parcel I Improvements p.-c---ptly after comrnen-c�-.-ent of the construction of the Wal- 1161 Mart Building and Parking Lot, and* once cc-----7ner.ced, Wal-Mart shall use its best !L"% %? 4 elffvortzs •to COMT11-fe the ---t-on of ♦thelk 13-1-c-el I Irv% p-1-1--ents wits-r- interrupittion C; 1, V� L i 11U %.-V- &Z . & %Al- t &%J1 I V1 A VU & C2 . %"U4 & & AA & F I %J V W;; 0 WU A I La W- A A iI.P.0 W 19 A t IC A 1163 and in the shortest p,#,ac*.4Acal time. Wal-M27t is hereby granted a temporary 1164 construction license to ente.- onto Parcel I and pe,-forrn the construction of the Parcel I 1165 In, provements. provided that Wal-'.%Iar[ shall notfy Partnership not less than ten (10) 1166 days prior to Wal-.%Iart*s in�ttal exercise of its ':gam tag under the license hereby granted, 1167 and provided further that W:3:-.Ntart and %Val-.Marts employees, agents, contractors and 1163 subcontractors shall comply in all respects all reasonable rules, and conditions 1169 which may be imposed by P;'rrnership in Connec�.on ovitn such right and license. I'Val- 11-40 Mart hereby agrees to Parine:'ship that the Parcel I Improvements shall be constructed 117{1 in a good and workmanlike Manner. at Wal-Ma.-t's sole cost and expense. and in full 1172 compliance with all app"=cable laws, regu:at:ors, rules and ordinances of all 11 63 6-0to-ernmental bodies having 't;risdiction over Parcel I Improvements. Wal-Mart 117 4 snail be resporLsible for opt'.-aining all certific-z:=-,<-4 licenses, approvals. permits and 11, 5 consents related to the Pa7cell I Improvements, in.cluding those required by utility 1176 companies and all goverr'.t-ental bodies hav,7g ,urisdiction over the Parcel I 114 4 fr-rprovements. Wal-Mart stall indemnify, defend and hold harmless Partnership and I 178 Partnership's partners, rro.,,:!-&agees, agents, Wfficers, successors and assigns (the 1179 "Inde -.4nitees") from and aga-inst any and all loss. cost, claim, damage, lien and expense 1130 reasorable attorn-e-s' fees} incurred t--: or asserted against Parcel I or the 1131 lnde:nni tees in connection w-ith the Parcel. r Improvements or the temporary 1132 co%struction licerLse hereby, gr-a.nted. In the eve.-,'! *,;,-at any lien shall be asserted against 1133 Parcel 1. Wal-Niart shall im.-.'.et:ately pay and satin; sA;eh lien or obtain for the benefit 1134 of tt,.e Partnership and any !enr secured by Pa: cel. I a bond or other title irsurance in P I M' for and substance satis'Jactc%-,; to the Partnem-',-�D at"A such lender protecting against "b 1186 da.m..age or liability arising fro-m -,-,uch lien. Wal-Matt shall further obtain e*,;idenee of 1137 ir&5irance coverage against pe.-sonal liability and prcperty damage in such amounts as 1183 Partnership shall reasonably 33 34 35 EFDO180 09/25/90 1010 13W LLuw 40 ti qt,r Order: 813450 Page 15 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM Doc:90474272 624 625 626 627 623 629 63) 631 632 633 634 615 636 6 3 633 633 6 41 C A f,,n any master po'"kcv of insurance c37r:ed by either P-7--i ...ii,Ach may cover otl%er property in add.ton to its Parc*-. cr.,,;ered by this Easement Agreement, that the re-:1-.rements set forth hereirs are other- w::,e Satisfied. (ii) At 3.,1 times during —AZZ rerm of this Easerrent Agreement, r,,,",,,y hall keer a'!"Ll then exiLvIng 1111 pl-vvt�lli�n I's V11 Itb Pa:cel insured agairis: _'r.6s or damage by fire and other perils and e,;ents as may 5_= --.-.s,,jred against under the broad form of Uniform ExtenJ�;f C,,-.erage Clause in effect from time io ti.--.e in the State C".' L_inois, with such irsurance to be for t te 11 replacemenr of the insured im.proveinents. of iro-urance ­f-,-;'.ded for in this Paragraph 6 shall n=e Wal-Mart and P-_:;­:ership and their respective agents and e.-Ployees as additional insureds as their respee- tive '...,iterests mav Isubject to rights of any irLstitu- tio,na. first mortgagee-- -^tose interest is secured by either Pa�!.-err,ship's interes: ��_ Parcel I or Wal-Niart's interest in P?.:,cel 11) and shall :7­:.-.de that the same rnav not ),-,"e can- ce ed for any rea:, 1ir.cluding for ron-L)avrnent of P­e�i.-jm(s)) %rithour. (30) days' prior written notice to tie Party, a-Y-4 = r y of the Parties shall provide to the from time to certificates evidenci.,-g the fact tta,4 iz:-ch insurance == --een obtained a,r,.d is being main- tn full force an: =_ffect. (iv) for it -,,*elf _s property irsurer. he:~eby releases and Pam=_i_r-77S)7d0. for '.ISeif ard 11.5 property hereby relea.:-,�- from and agairzt any and -er ali c.'22ims. demands. or obligations whatsoe,'. for d>_-_ge to each whe.-S :;-*%-_perty or loss of rents or profits of tz ri Wal-Mart or P_a_--.-e—_-ftip resulting from. or in any way cw,neered with, any or other casualty whether or not sue fire or other shall have been eaend by the nea.-zence or the negligence of tte Party being )Iao 09/25/90 1010 PEI IBM #I 0 Order: 813450 Doc:90474272 Page 16 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM or 642 released or by any agent, associate or emplo-yee of the P,3rty 643 being releassed o.- of its tenant, this release being to the 644 extent that suc!, damage or loss is covered by the property 645 insurance which the releasing Party is obligated hereunder 646 to carry, or, if Me releasing Party is not carrying that insur- 647 ance, then to z".e, extent such damage or loss would be G 4 rol cover il-e M.'easing rdUty AUFtf V431 L�,IIIY, ,,6k:jj jjrjSUj_djr.jUt:; 649 provided, hQWeVe7. that such release shall be valid only to 650 the extent that it Goes not invalidate any irsurance policy 651 obtained by such releasing Party. 652 (v) Notwithstanding -af-ything to the contrary contained in this 653 Paragraph 6, p:*r,,;-Ited that the net worth of teal- Ntart shall 654 exceed One Hurd_-ed Million Dollars (SIOO.000.000.00), ard 635 further provided tftv Wal-Mart remains fee owner or lessee 656 of Parcel 11, %Va,A-Mart shall have the right to self -insure 657 660 hereunder. 7. 662 Eminent Domain. a. Owpe F2 ht�-to Award. ";othirg herein shall be construed to give 663 eitter Party any intermit in any award or payment made to the 664 other Party in connection with any exercise of eminent domain or 663' trars,4er in lieu thereof affecting said other Party's Parcel or giving 666 the public or any governzient any rights in said Parcel. In tt.e 667 e*?.,ent of any exercise of e:n1i,.,ent domain or transfer in lieu thereof 669 of any part of Parceis I or 11 affected by either the Parking Facili- 669 t4es or the Utility Facilit:e—z. the award attributable to such portion 61-0 of t**.e applicable Parcei S!,:ail be payable only to the tee o*-,vrep SJ 671 tt:e.-eaf. 67 2 b. Collateral Claims. All Lp3rt*.es,. other than the lea. ties. claim- 673 i.r-g a fee interest, lease-.�-J.'d ;interest or otherwise, in the Parcels 674 mav file collateral claims- ,%Lth 0-le conodernning autt,,.ority for their 675 re-<Pec rive losses which are separate and apart from any claims for .1 OL 676 loss of value of any inter-isin the Parcels made by tl-.e Parties, 677 prop i'eed that such collaze.,-ai claims do not reduce the amount of 6 "AT 8 any ward granted to tt.e 6 EFD5180 09/25/90 Order: 813450 Doc:90474272 Page 17 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM t) V U "4100 -&01 7 02 703 704 7 0 a' -406 707 703 Tenan.tsC!jjcn. Nothing in this Paragraph 7 shall prevent a tenant of prern:ses �_-,cated on the impro';errents constructed upon Parcel I or Parce: Z ffrom time to time, from making a claim against a fee owner P.:rls-a.-,t to the provisions of any lease between si,*ch tenant and such. owner for all or a portion of any, sL:ch award or payment. A 0 r'J Tke% of e%f tl-.e% 0,irppVt- err a 1% •%X& 41 WIS & fl-W 4 W". 8 %&%„ %J %J& C714.Y tpw# % s w a s W& tt,L; L CAL con­de--n7)--_)K_4 R-. all promptly repair and restore the remaii- i^g portion of its Parcel as nearly as practicable to the condition of the s3—me -.:=ediazely prior to such condemnation or transfer; provided t!, -1 : ^e net proceeds of Such award are suf f icient to pay the cost of s:_ctli restoration and repair without cont.n.tution from the otte! and pro,larided, further. that the owner 01, the Par - eel to be :'es-c-red can, in its reasonable judgment, aiter S_:cti resto- ration. ope:,-R-e in an economically feasible manner on its Parcel. Rights and �VtJiccs of Lenders. .3. If by virt,_-e --f -3ny right or obligat'.On set forth herein a shall be placed upon .-.e Parcel of eitiller Party hereto, sueh '..'en shall expressiv t* S._:)ordinate and inferior to the lien of anv fi.'*st mort- gagee now c-7 ---t-reaf ter placed on Bch Parcel. Except as Set forth in the sentence, however. any institutional It.3'.ter of a first r-n Parcels I or 11, arA any assignee or s-_ccessor in interest of _;�_-_-n first mortgagee, S",.all be subject to the verms and co4nditio.-s c.." Easement Agreelnent. Each Pak t*vl- agrees to gi,**e the holder of any 7-c--A![gage to which V-1--n� o ivned by the Whet- Party is subject, 'C_y registered 3 y n f anv nciTee or claim of defau** 5ee­ed by o - e e r t i- f i a co-L L the Party such notice -.,,pon tr.-e other Party, pre*;-Ied that v prior to ss,,..c.-. :--c.:ice the Party givil-g such notice has bee'- notified in writing of _-ne name and address of such mortgagee. Each Party further ag.rees -nat it the other Party shall have failed to cure any default pertinent time period permitted in aceordance %-ith Paragr_::,-4-.s 2 and 3 hereof. thee: the holder of any rr. ortgage to thtl Lai# 3-1 1010 16 mi V Order: 813450 Page 18 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM Doc:90474272 I .0 most,: AOL 718 3,:..-'*:onal thirty (30) days within which to cure or correct such 7 19 deft- It (or if such default cannot be cured or corrected within that "i 20 then such additional time as may De necessary if the holder 721 of _:,ch mortgage has cominenced within such thirty (30) days and 22 is %,'_`.:."gently pursuing the remedies or steps necessary to cure such 23 6ef --,%,it. including the time necessary to obtain possession if pies_ -024 sion :s necessary to cure or correct such default, but in no event 7 2 3 rr.o-.e than an additional forty-five (435) days). :26 Arty mortgagee with respect to either Parcel shall not be resportsi- 227 ble for any amounts incurred or becoming due under this Easement Agree:nent prior to a foreclosure of its mortgage or a transfer of 229 tCe fnrerest of a Party Lereto in a Parcel tosuchmortgagee in lieu 4-31) of 1.1o.-ec.losure, and its liabilitv hereunder in the event of such a -.3 1 fore c-!osure or transfer Sr�311 exist only so long as such mortgagee is 37 the of a Parcel and shall not continue or survive after f ur- -433 the: transfer of ownership; provided, however, that such mort- 4-34 gagee Shall not be released from any personal liability for any sums 733 due aJ b. Tt-;,e ?artnership and Wal-Mart each covenant and agree that, 37. 'Ait."uri ten (10) days of written request from the other party hereto, 3 i it wi-14 execute and deliver an ameMinent to or restatement of this -34 Ease: neint Agreement which may be required by an irwitutional first mortgagee of either Parcel or any portions thereof as a condi- -41 tion :o such mortgagee's corLsent and subordination hereto, pro- 742 vided that such ameridment hereto or restatement hereof shall not ,43 increase the burden of this Easement Agreement on the -.44 Parcel of the varty requested to execute such amendment or -45 restatement or materially impair tte rights of such party 70'5 here nde r A - 9. N o ti c s4 A iI A otices and other communications given pursuant to this 49 Easement Agreement shall be in writing and shall be delivered personally with a receipt t� :-equested therefor, or by confirmed facsimile trarismi-csion, or sent by a recognized 451 we'ernight courier service c-r by United States registered or certified mail. return :5 refiat rv-nue-sted. oostai7e n,7ei:)aid and addressed to ti-.e Darties at their rescective F-FDO180 09/25/90 1010 17 0 Order: 813450 Page 19 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM Doc:90474272 "A al 754 address -es set forth below, and the same shall be effective ia) upon confirmation of 755 receipt if delivered personally or by facsimi!e trarLsmis'siori- ft' orie (1) business day 756 after depositing with such an overnight cour4.er service or (0) two (2) business days 737 after deposit in the mails if mailed. A party may change its address for receipt of 758 notices by service of a notice of such change in accordance herewith. All notices by 7 -a 9 facsimile transmission shall be subsequently confirmed by U.S. certified or registered N, mail. 64 if to Wal-Mart: Wal,-:Mart Stores. Inc. 701 South Walton Boulevard 766 BentonW,ifle. Arkansas 72716 67 Attention: Presi&nt 768 FACSIMILE NUMBER: (501) 771 *^-ith a copy to: Wal-Mart Stores, Inc. 772 70 t Sry-ith Walton Boulevard 773 Bentonville, Arkansas 72716 774 Attention: �*Jice President - Real Estate 775 FACSIMILE NUMBER: (501) 778 If to Partnership-. Nf.uunt Prospect Plaza Limited 779 Partners -hip 780 c/o Western Development Corporation Ow 3000 K Street. N.W. 732 Suite 200 783 Washirgton, D.C. 20007 734 AttenGon: James N. Gdula, Eso. • 785 FACSIMILE Nl:'-13ER.- (202) 293-5237 7 88 wit'n a copy to: Rudnick & Wolf e 789 203 North LaSalle Street 790 Suite Mo 791 Chicago, Illinoi5 60601 .'4 ZA A t LVI I t;U U: Ue'n,,U 0- 3ICKOL'o 793 FACSIMILE NUMBER: (312) 236-7516 797 Release from Liability. Any person acquiring fee or _IeaLsehold (other than 798 the parties occupying stores in the irr-provernents located upon Parcel I under short- 799 term lea. -:-Es — hereinafter collectively called -Space Tenants-) owre:snip of Parcels I or 800 11, or any portion thereof, shall be bound by this Easement Agreement only during the 801 period s ch Party is the fee or leasseh.old owner of such Parcei or portion thereof. 902 except tr.at, such Party shall continue. after said ownership period. :o remain liable for 803 those ob,gatior4. liatiLities, or responsitilities, tLat arccse during said jvvnersship period. 804 Although !-e Parties may be releassed unefer this Paragraph 10, tte easements, cov.re- 805 nants and restrictions set forth in this Easement Agreement shall continue to be bene- 806 fits to. and servitudes upon, said Parce*"S) runnel g with the land in accordance with Zt 307 Paragraph 13 Delow. $09 M f24ghts of Successors. The easements. restrictions. benefits and obliga- 809 v udes - -.Nith the land for tiorLq stiall create mutual benefits and -%r it runni.,., z 7 4 EFD0180 rj�,1:2-/90 1010 18 Order: 813450 Page 20 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM Doc:90474272 or 14L, Q: 1, I - 1�1 I MAL, 811 the term of this Easeone.int Agreement as provided in Paragraph 13 below. This 912 Easement Agreement sham bind and inure to the benefit of the parties hereto, their 813 respective heirs, repro e$-9-atives, lessees (other than Space Tenants), successors and 814 assigns. The singular numbe&r includes the plural and the masculine gersder includes the 81-0 feminine and neuter. 816 12. Vocument Execution, Modification and CanceUation. It is understood and 817 agreed that until thiS docj--.-=-nt is fully executed by both Partnership and Wal-Niart. 818 there is not. and shall not tie, an agreement of any kind between the parties hereto $19 upon which any commitrinis.-t, undertaking or obligation can be found. This Easement 820 Agreement, including the exh.ibits attached hereto and made a part hereof, may be 821 modified or cancelled only ti" the mutual agreement of all fee simple titleholders from 822 time to time of the Parceir. o.- Pcwtions, thereof. 323 13. qy e �rtants To Run With Land. Each and all of the covenants. restrictions. 824 conditions, easements and p�,;isions, contained in this Easement Agreernent. whether 325 of an af firmative o.- negat"--e nature, (a) are made for the direct and mutual benefit of 826 Parcel 1, Parcel 11, and each and every portion thereof, and constitute covenants 827 running with the land; (b) s2 all bind every fee or leasehold owner of a portion. of 823 Parcel I and Parcel U to the extent that such portion is affected or bound by the cove- 829 nants, conditions, easements o.". :,estrictions to be performed on behalf of Such portion; 830 and (c) inure to the benefit of the Parties and their respective succe&,-,-o.-s and assigns. $31 Any fee titleholder of any potion of either of the Parcels shall have the right to 832 enforce the terirLs and pro;,*iz--_:-_:-.s of this Easement Agreement against the owner of any 833 other portion of either of the Parcels. 83A 14, Remedies. In *_te event that either Party thereinafter in this 8 35 Paragraph 14 referred to as t-te -Defaulting Pariv-) faila to pay the other Party (herein- 8 36 after in this Paragraph 14 refe:red to as the -Non-Defaulting Party") wten due any 8 371 amounts owed by the Default.:"" Party to the Son -Defaulting Party under thL'S Easement 833 Agreement, or shall otherwi&=_ fail to perfor m. any of the Defaulting Party's agreements 839 or obligations hereunder thirty (30) days of written notice to the Defaulting 840 Party, the Non -Defaulting Pa�°-1-; shall have all rights and remedies to enforce said 0 d% 841 collection or performance as be provided or perinitted by law or in equity from ,J 842 time to time including, witho�_!:imitation, the right to invoke one or more of the fol- 843 lowing remedies: 6 EFDO180 09/25/50 1010 19 Order: 813450 Page 21 of 30 Doc:90474272 N71. Requested By: firstarn08, Printed: 9/21/2016 1:36 AM �A J Order: 813450 Doc:90474272 946 a. instiv.;-e :Pjit against the Defau:,C,g Party to enforce collection of 847 the arn:i_nt owed to the Son-D-efaulling Party pursuant hereto. IBM 01 R. 0 4. X 848 togetter with interest thereon at tte Default Interest Rate; 849 b. Reco.d 2vinst title to the Defatilting Party's Parcel or portion 850 thereof 23 notice of lien which s.*#* a constitute a lien in f avor of the 8_1 Son- tirg Party on the of the Defaulting Party and 45 r A 0%7f. WhIlichl _�av C,4e, foreclUZ4_1" LJY t1he N"On-LIDefaulting Party 11-1 prl-.�Ceed- 853 ings in nature of a forec.*csure, with all of the rights and 854 rerned.4--nw.- afforded by the laws of the State of Illinois to secured �;ided. however, that any souch 855 creditors 'n such proceedirgs; r,!ri 856 lien sh3-,, be siubordinate and sut,)ect to any first mortgage recorded 857 against +-".e Defaulting Party's Parcel or portion thereof, whether 858 Prior or cs_�uent to the recordar-.on of trie notice of lien; 859 C. InstituT.e s:_.it in equity to the exre--it permitted by law to compel 860 complia---ce with each of, or to the violation or threarened 861 violation cf any of, the terms and conditions of this Easement 862 Agreernent against the DefaulW-.g Party, its tenants, lessees or 863 invitees: -2--ld 864 d. Set-off 7-7,-; Such amounts due the Defaulting Party to tt,.e 865 Non- Def Party against an.y arnounts due from the !,�On- 866 Defaulting Party to the Defaulting Party. 868 In exercising any rigs -a.- remedy hereunder. 311 parties who constitute tt.e At 869 Non -Defaulting Party must _C., as a group in orde.- to avoid multiple, duplicat;.-.*e 870 actions. All rights, privileges remedies afford-edt e "�on-Defaulting Party by "his 8-11 Easement Agreement shall be :xerned cumulative and ,,4'-.e Non -Defaulting Party shall 872 not be re,,,jired to exhaust an-v ---.e of such remedies to commencing to exerc.se 873 another. In addition, the of any one of such. !7;e.medies shall riot be deerned to 874 be a waiver of any other righ.% .-emedy or privilege conw.a.'-.-ed herein. Non-Merver. _So 7g as Wa I -.N1 a r t or its a f f 4411 a t e is fee owner o r I essse of 87b Parcel fl, this Easement Agrieezie_nt shall not be subject to the doctrine of merger. 877 16. Release of Ease=ent- Termination. In tl-,e event that either of tt-e Vt 8{8 Parties. or their respective s~;-zcessors and assigns, shall abandon or no longer reqia._*.Lre 379 the use of all or any part of easement rights hereii-i granted, the part no Ion-er 880 required stall automatically to the granting Party. and the grantee Party shall 6 7 a EFDO180 05/25/90 1010 20 Page 22 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM I Will R I e d,4 N'. 882 relaease such easement ",-ihich such Part-,; s!,iall no longer rNuire. The g&-antee of 883 any easement granted may terrnin.3te such easement by recording a release IBM # I ft-0 884 thereof with the Office c;,.' Recorder of Deeds of Cook County'. Illinois. with directions 885 for delivery of the same !.-,e grantor of scLzln easement at its address given pursuant 7 886 hereto. ,.vhereupon all n.i--s. duties and liabilities hereby created shall terminate as to 887 such easement except fo7 incurred '.-eteunder prior to such termination. for 8 S 8 convenience, such may run to -fl-.e owner or owners am parties interested -IN 889 in" Parcel I or Parcel 11. 890 1-4. Headipg�. neadings herein are inserted only as a matter of conve- 891 nience and for refererce and in no way define, limit or describe the scope or intent of 892 this docum—ent nor in any w-*; -if feet the terr-,6 and provisions hereof. 893 18. Entire Easement Agivernent. This Easement Agreement constitutes the 994 entire agreement betwee.n. Parties hereto. The Parties do not rely upon any state- 895 meat, Promise or not herein expressed, and this Easernent Agreement 896 oaceexecuted aid delivie:� iz,all not be rnc)difizeed or altered in any respect except by a 897 writing executed and in the same mar..-er as required by this docurnent. 898 19. Cquntervarts. Trils Easemerit Agreement may be executed in countet- 899 parts, all of which C04j71�e7:-.1'OtS, taken togetter, shall be deemed to constitute one N-j 21 r. 4 Order: 813450 Doc:90474272 Page 23 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM Al 914 IN WITNESS WHEREOF. t!*,.e Parties ha*.-e exeouted this F,�Asement Agreement the 915 day and year first above IBM $I R.0 919 PARTNERSHIP: 921 MOUNT PROSPECT PLAZA 922 LINUTED PARTNERSHIP. 923 an flint pis limited partnership. 924 :-.o!e general partners. 926 Kan Am USA VII Limited Partnership. 927 3 limited partnership, 928its general partner. 930 Kan Am Realty, Inc.. • 931 a DeRware F r a0pri 7r��ppn 934 BY: 93.5 President 937 westeni 6velopment ComDany. 'e 933 a 1j--5 t I olumbia par hip f 941 942 A 945 946 a �n e 949 WAL-MART: 951 WAL-MART STORES, INC., 952 a De.'a-wacre corporation B1 4 / • ! ✓ '%A./ ,'«.rA. W b.74`n ,fr � F. 956 ........... ........ - 9 5) 9 A t? 7 8 EFDO180 09/'20/90 1830 22 Order: 813450 Page 24 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM Doc:90474272 au I 956 STATE OF ) 957 SS. 958 CO U N T Y OF 962 1. a Notary Putitic. in and fqr said Cctinty. in the State aforesaid, do hereby 963 certify: that ctP.-ess:eient of WAL-MART PROPERTIES, INC.. 964 a Dew-va-re corporation. and f 96-3 Secretar-� of said Corporation and :Personally known to me to be the same 966 persons whose names are subscribed to the f,--e:-e-going instrument. appeared before me 967 this day in person and -severally acknowle-e-ged. that they signed and delivered said 9-08 instrument as 1.�� Pres-dwilt and �� �,.etary of said Corporation, and causzed --c 969 the cot -porateseal of sa.'d Corporation to be af.Lxed thereto, pursuant to authority given 970 by the Board of Directors of said Corporat.on. as t,,-.eir own free and voluntary act and 971 aS the free and volunta.-y act of said Corpora rt-.snn. for the uses and purposes therein set 972 forth. 974 GIVEN under my hAnd and Notarial Seal --71 day of �e-� T 1990. 9 79 980 Not 74�ltak�pu �Iilc 984 My Corn.T-Lssion expires: / 9 10 11 EFDO180 09125/90 1010 051" Zz- IBM 1 R 0 TUFT - T A Order: 813450 Page 25 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM Doc:90474272 :0 'Maio AS A V C-7 k Ss IBM #1rn R.0 I.a Notar Public. i4n -cf �.�r said County. in the Slit le af ore - said, do hereby certify tl�a4&" ti, to me to be the respceli,;ely of KAN AM REALTY. INC,, a De!aware corporation. c-rporation is the general partner of KAN AM USA %*[I LIMITN LIMITED VARTLRS11111. Vi 0 ind limited partrershipi as the , ITEIJ general partner of MOUNT PROSPECT PLAZk ; , PAR INERS111(l. an Illinois hmited partner -ship. per -so zanyknown to niv to _-� t-- Ws plu dl'U subscribed to the forNoing instrument s :cat Ve m t;,� .4e and -_,�*Ore respectively. appeart-�� me this din perton anday acknowledged that they signed and delivered the instrument as (heir own free and voluntary act and as the free and voluntary ac! Zz..1id corporation in its capticitv as general partner. as aforc'-_--aid. ­-­.-ith intention to "e limited partnership and for the uses and purposes, therein set forth.. GIVEN under my hard ar.d notarial seal tav of ic19o. % Pliblic .4 NY,! -nission Expires SS COUNTY-Of­ 3 Public. 4n, Counly. in 11r..e st']T(_y 4rhwc­ Said, do hercb,.- certitv that vltpe�L- 4L r*-p r— to me to be the � r.f�. _.1` �� 1, � 1e-.jLk?"' rr. er dn f b: 9 IZ T 1: D n V V F I D It I 'k.: T rVI %*460oddshim -i tl.z­ 9-tAltimlii x►w •w &­j IL F_ a% 5- �%.P& I M-1, -,11% 1 J* tA i . I vu PROSPECT PLA7.1% genet -at partrer of NIOU.** 'T _FD PAIL TNERS11111. an Illinois limited parwership, "I"r�w.vri to me o same people -".J."se names are subscrit.%ed to the forcgf_--'.-g iiistrument ?:z t . r #� C& \ - A - appear. �--_ me thi.-; day in p e r,-r, o n and ackrio,--viedged that they sIgr,ed iand delivered Itir-i ru men t as t I i J e; r r), ­n free and voluntary act and as the free and voluntary je* 194pwli in 0s capacity as wral are, saIr-a-. ---itnte(on o lgpimited art ner'-hip and tor t I i e, Lice s-inn therein Set purpe-s A �It; GIVEN unf�er mv hX-;tt a-.(t -otarial. seal _�3v of ��";"r���`i ...-:ion Expires DBS1)069309J21, -4 Order: 813450 Page 26 of 30 Requested By: firstarn08, Printed: 9/21/2016 1:36 AM Doc:90474272 9SM, I —le �!N 1021 EXHIBIT A 1022 TO 1023 EASEMENTS WITH COVENANT'S A%D RESTRICTIONS 101*415 !Axg DescriDtion of Parcel 1 1028 LOT I (EXCEPTING THEREFROM THOSE PARTS THEREOF TAKEN FOR THE 1029 DEPARTMENT OF TRANSPORTATION BY CONDEMNATIO.14 REGISTERED AS 1030 DOCUMENT NUMBER 32016W- ALSO (EXCE-31-11'.NG THEREFROM THAT PART 1031 THEREOF TAKEN FOR CENTENNIAL SUBDI1-15*6.0S 3Y PLAT REGISTERED AS DOCU- 1032 MENT NUMBER 3202476) IN PLAZA SUBDIVISION. BEING A SUBDIVISION Of PART OF I n 2 It TUP QA1jT14WFQT AITARTVP nr wrTft"Ik' A; TAWV1;141P Al VnRTF4 01 N:r.P I I FACTa v %F%f g g & &' %j %.. NO * . a . . area .% v . a 0 w 0 � .. — . v — — . . — . . — — , . — - - - — - - . . . — . - — . . a-.., ...a.--- as a ... . 1034 OF THE THIRD PRINCIPAL MERIDIAN. ACCORDILNG TO PLAT THEREOF REGIS- 1035 TERED IN' THE OFFICE OF THE REGISTRAR 047 TITLES OF COOK COUNTY. ILLI- t036 NOIS, ON JULY 16, 1979, AS DOCUSIENT NUMBER 3104778; 1 1038 (ALSO EXCEPTING THEREFROM THAT PART 0: LOT 1 IN' PLAZA SUBDIVISION 1039 AFORESAID DESCRIBED AS FOLLOIVS.- BEGIS.'!SG AT THE NORTHWEST CORNER 1040 OF SAID LOT I- THENCE SOUTH 29 DEGREES 445MINUTES 10 SECONDS EAST ALONG 1041 THE SOUTHWESTERLY LINE OF SAID LOT 1. 3--T -'*;G ALSO THE NORTHEASTERLY 1042 RIGHT-OF-WAY LINE OF RAND ROAD AS DEDICATED BY DOCUMENT NUMBER 1043 3104778, A DISTANCE OF 256.41 (RECORD -= 297.66) FEET TO __x POINT OF 1044 CURVATURE; THENCE CONTINUING 4.*Or"THEASTERLY ALONG SAID 1045 SOUTHWESTERLY LINE O'N A TANGENTIAL CURVE, CONCAVE TO THE 1046 NORTHEAST, HAVING A RADIUS OF 2,072.46 ZFE-7'1% FOR AN ARC DISTANCE OF 730 1047 FEET; THENCE NORM 20 DEGREES 56 811-NUTES 31 SECONDS EAST, 615.26 FEET TO 1048 THE SOUTHWEST CORNER OF CEN'TENNIAL _5:3DIVISION, ACCORDING TO THE 1049 PLAT THEREOF RECORDED FEBRUARY 11, AS DOCUMENT NU-"*IBFR 3202476. 0,50 THENCE NORTH 00 DEGREES 00 MINUTES 301 SECONDS EAST ALO'sG THE WEST 10-31 LINE OF CENTENNIAL SUBDIN-ISION AFORESA'."D. 234.66 FEET TO A POINT ON THE 1052 NORTH LINE OF SAID LOT I IN PLAZA SUBDIN-151ON"; THENCE NORTH 89 DEGREES 1053 39MINUTES 13 SECONDS WEST ALONG SAID NORTH LINE, 832.35 (RECORD = 832.55) 1054 FEET TO THE POINT OF BEGINNING); (CONTAI.%T.NG 32.242 ACRES OF LAND. MORE 105,5 OR LESS). 1059 ADDRESS: Mount Prospect Plaza Shopping Mount Prospect. 1062 P.I.N.: 03-35-302-011; 03-35-301-036 12 13 14 EFDO180 09/25/90 1010 A-1 '4 Order: 813450 Page 27 of 30 Requested By: firstam08, Printed: 9/21/2016 1:36 AM Doc:90474272 011, 1 Vj lt • E X I i 27T C TO EASEMENTS WITH COVEN-SATS AND RESTRICTIONS Sites Plan of S!Olp�Cpnter Iff Order: 813450 Page 28 of 30 Requested By: firstam08, Printed: 9/21/2016 1:36 AM Doc:90474272 I 27 24 79 EFDO180 09/2519O 10i M Order: 813450 Page 29 of 30 Requested By: firstam08, Printed: 9/21/2016 1:36 AM Doc:90474272 Fli '41 Order: 813450 Page 30 of 30 Requested By: firstam08, Printed: 9/21/2016 1:36 AM Doc:90474272 This document was prepared by: <.;' r;;H Jonathan D. Block, Esq. jp- Honigman Miller Schwartz and Cohn LLP ;sir `'<> ` 39400 Woodward Avenue, Suite 101 18 loomfield Hills, Michigan 48304 After TFording, return to: Beck,Yxs Jortath Esq, Honigman�zSchwartz and Cohn LLP 39400 Wood wardi-Aven Avenue, Suite 101 Bloomfield hi 48304 F igan XP, 17 VR 4 IIIIIIII!lillllllllllllllilllllllli�l�lilllll1 # 17 194349 13'i-E.' Fe e $ 1 I IRM}may may! FEE;$9.ee RPAF FEE: $1.08 COOK COUNTY RECORDED Or DEEDS DATE: e7?13?2017 02:31 PM PG: 1 OF 36 R'k WROCAL EASEMENT AGREEMENT THIS RECIPROCAL EA".,WMENT AGREEMENT (this "Agreement" is entered into as of A3 04 120177 by and"b --w""ieen RAMCO MOUNT PROSPECT LLC, a Delaware y limited liability company, whose address,.'' 1500 Northwestern Highway, Suite 300, Farmington Hills, Michigan 48334-2501 ("RMP 1�" )i d,.,-RAMCO-GERSHEN SON PROPERTIES, L.P., a litd hhd"' I , "k T I A I V I I n 01 nn Delaware limited partnersip, whose adressi*)15uOorthwestem lignway,zulte)Vv Farmington Hills, Michigan 48334-2501 ("R�G�1zPLP"). RGPLP and RMP are hereinafter sometimes individually as a "Party" and collective"IY"O-A the "Parties". Recitals: WHEREAS, RGPLP is the owner of certain real pro'oJ"e-.,'1*"t,,y commonly known as Mount h��`g`--al y A Prospect Plaza located in Mount Prospect, Cook oi County, Illin'I described on Exhibit attached hereto (the "Shopping Center Parcel"); WHEREAS, the Shopping Center Parcel is comprised of the "J",-, parcel as legally described on Exhibit A- I attached hereto (the "Main Parcel"), and the follo shown on the Site Plan (defined below); the outparcel shown as Out A ( {`Outparcel A the 6,utparcel shown as Out B ("Outparcel B", collectively with Outparcel A sometimes referred to as`the"``,�-`S hop ping Center Outparcels"); the proposed retail F building area located on the Main Parcel osed Retail IFF"); and the proposes retail 0 bulking area -iocated on the main Parcel (--irropos ei�, Klprail G WHEREAS, RMP is the owner of an outparcel located behind the Shopping Center Parcelr. T* '`` "'f'+. f: `w. legally described on Exhibit B attached hereto (the "RMP Outparcel"); WHEREAS the relationship between the Shopping Center Parcel and the RMP Outparcel is depicted on the site plan attached hereto as Exhibit C (the "Site Plan 1084 Mount Prospect Plaza, Mount Prospect, IL 249743513 rCFtD MnEw — Order: 1028810-10 Page 1 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 irf�iiI LOTA 1915 11910019 9 ce M FOR' WHEREAS, the Shopping Center Parcel and IMP Outparcel. are subject to the Village of grXvMount Prospect Ordinance No. 6148 dated July 15, 2014 ("Ordinance 6148"), as amended by ordinance 6205 dated July 7, 2015, and as amended by ordinance 6254 dated June 21, 2016, attached hereto as Exhibit D (as hereinafter extended, amended and/or reinstated from time to time, collectively the "PUD"); and sM WHEREAS, R. MP and RGPLP have agreed to grant each other non-exclusive easements f inaress and earess of vehicular and nedestrian traffic., varkinp, and utilities over their resnective par s anct to provide for the sharing of certain costs in connection therewith, all as more particulforth herein. a�ptet v � NONVo"ERE FORE, for and in consideration of the mutual covenants, promises, easements, righfis,14,nd agreements hereinafter contained, the parties do hereby agree as follows: I . The Re c' if"Ats above are true and correct and incorporated herein by reference. 2. DEFINITIO For purposes her"' a. The term "Com a rea" shall mean the Driveways, Parking Areas, landscaped areas an 4.1ities and systems for drainage and storage of storm ;I;t,�, e ftAr nrnwir&nty xxintpr lrii-ntprl frnm t;mp tn timp ragtag onimel owet.-rile V V C416 %oo A %4 A A %* 0 'T AJ %, 1�0 A AL A Q L4A A *—& JL L4 %.I A A �L A %0 .7-- X W & tJ A W A %A A A A T 01 a A W %f %4 J� %ol A V..7 A as K. A. A A A IbW ✓4. %_I L JL A A 't %d on the Parcels.M14, k. b. The term 'Driveways shall mdataw .,- driveways and roadways and related `rom the public roadways adjoining improvements, entrances and exits t6 and, g walkways, and Cdfs the same, sidewalks, and paving with respect thereto located from time to time on the Parcels. c. The term "Lease" shall mean that certain lease agrtz-r ent for the RMP Outparcel dated June 5, 1978, as amended between RMP, asl"', dIp-r-A, and Walgreen Co., as tenant (collectively the "Lease"). d. The term "Owner" or "Owners" shall mean either or both of r LP and .MP, as the case may be, and any and all successors or assigns of su:6,,h., .,`Persons as the owner or owners of fee simple title to all or any portion of the L,-,.ft A Uxr q n I � I n "1' 13. V Vel IU I I LUU U1 UUL UVIIVU L 1%10 1 %o U W I 1%.o LI 1%.4 tjy ac4l%.O, C1ak3161J_II1%.,&LV 11 I A`v' operation of law, trustee's sale, foreclosure, or otherwise, but not inclUt in, .,,,the holder of any lien or encumbrance on such real property. kw e. The term "Parcel"' or "Parcels" shall mean either or both of the Shopping Centei�"sk Parcel and the RMP Outparcel, as the case may be, and any future subdivisions and/or resubdivisions, thereof. 1084 Mount Prospect Plaza, Mount Prospect, IL 24974351.3 Order: 1028810-10 Page 2 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 I Loyd 16001 U10161 = � � 16191 f The term "Parking Areas" shall mean the areas located on the Parcels designated for the parking of the motor vehicles from time to time. g. The term "Permlittee" or "'Permittees" shall mean the tenant(s) or occupant(s) of a Parcel, and the respective employees, agents, contractors, customers, invitees and licensees of (a) the Owner of such Parcel, and/or (b) such tenant(s) or occupant(s) V �heresoever this REA refers to the obligations, rights, or duties of a Parcel, it shall be deer�r c = to refer to the obligations, rights and duties of the respective Owners thereof. 3. "01EASEMENTS. R.,GPLP does hereby grant to RMP and its respective licensees, invitees, ployees, agents, tenants and subtenants for the benefit of the RMP Outparcel, V, "V, mmon with others entitled to use same, -exclusive easement for the in oo a non ingrr�s' , s aid egress of vehicular and pedestrian traffic over and across the Parking Areas d " ways as they may exist from time to time on the Main Parcel t), nve (but speci excluding loading and unloading areas and similar tenant y protected or"'"' .�f`e§",erved areas on the Main Parcel), provided that RMP acknowledge !�-"a��'�"�''n�,dh-"*"a"��""���'9--rees that all construction and delivery traffic going to and from the RMP Outparc.el".'shall, use only the RMP Outparcel Curb Cut as depicted J, V. on the Site Plan. b. RMP does hereby grant W,-A PLP and its respective licensees, invitees, employees, agents, tenants and enants for the benefit of the Shopping Center Parcel, in common with others eAtit to use same, a non-exclusive easement ,1,e,. for vehicular and pedestrian traffic over rr,.nd across the Parking Areas and Driveways as they may exist from tiro p-16., time on the RMP Outparcel (but specifically excluding loading and unloading,.,,areas and similar tenant protected or reserved areas on the RMP Outparcel). V. C. RGPLP does hereby grant to RMP and its re:s&tj , jy,, elicensees invitees, .7 employees, agents, tenants and subtenants for the benefit' 'Pthe RMP Outparcel, in common with others entitled to use same a non-eAx.0'11'asive easement for 7.,7 70,�, vehicular parking over and across the Parking Areas that may'3ast from time to time on the Main Parcel. Y1 RMP tinge hprphv orrnnt to TZC,,Pl _P and its. respective fir.p.me. %A. IFA A %0 %1.9 AA 1W & W %.1 T t:rA A - -1.1 employees, agents, tenants and subtenants for the benefit of the Shoppifijtenter Parcel, in common with others entitled to use same, a non-exclusive easem.eo. for vehicular parking over and across the Parking Areas as they may exist fr6m time to time on the RMP Outparcel. RMP does hereby agree that until th commencement of construction of improvements on Proposed Retail F and/or Proposed Retail G, and/or until the Main Parcel Owner elects to perform the PUD Modified Requirements Work (as hereinafter defined) regardless of whether or not it has commenced construction of improvements on Proposed 1084 Mount Prospect Plaza, Mount Prospect, IL 249743513 Order: 1028810-10 Page 3 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 Retail F and/or Proposed Retail G, the RMP Outparcel (i) shall contain at least 253 full size parking spaces as required by the PUD and (ii) maintain a landscaped coverage area of at least .24 acres. Notwithstanding anything to the contrary contained herein, it is acknowledged and agreed by the parties that in the event that the construction of improvements are commenced on Proposed new. r Retail F and/or Proposed Retail G, the PUD requires that (i) the full size parking spaces on the RMP Outparcel be reduced to 229 (provided that, until the expiration or earlier termination of the Lease, the Shopping Center Parcel and rrhw the RMP Parcel combined shall maintain at least 1200 full size Varkine soaces) and (ii the landscaped coverage area be increased to .46 acre's as set forth on the proposed site plan attached hereto as Exhibit E and incorporated herein by reference or as otherwise required pursuant to any subsequent ordinances amending the PUD (collectively, with the requirements set forth in (i) the "PUD Modffied Requirements Accordingly, RMP does hereby grant to the Main Owner and its employees, agents, and representatives, for the benefit of the8h`qpping Center Parcel, an easement for, in, to, over, under, along and across thosec'ppy-t-ions of the RMP Outparcel (exclusive of any portion located within d� the build, necessary for the installation repair, replacement, relocation, and removal ofimpervious areas and landscaping in order to cause t e.,parkin g areas, the RMP Out p,4 ,d4W;,*",-to comply with the PUD Modified Requirements (whether or not the Main"T a-r,,I-Owner has commenced construction of improvements on c e,,, Proposed Retail F a, /or Proposed Retail G) (the "PUD Modified Requirements or The Main Parcel Owner shall perform the PUD WLL ito onip enact nnA ntiA ohn'll -rimnlPt". AT A.W"I AA%,.kL JL-L%0%J%4&A %OAR &%0A AUL.1 TT %-f L!�. &L►J LJXJL%,O W%JUJIL L4.L14A V_1i"ktJ%WAAL)P%d "AAA.& "ALL&AA such work in a good and kAmanlike manner with as little interference as possible to the RMP Outparcet-,t-n-ant using materials which equal or exceed Vl those originally used on the RMPTP e1. e. Each Owner hereby grants and conveys.,,..,,t6,.,,,,,,each other Owner non-exclusive, perpetual easements in, to, over, under, al 'bn�g_�,,a'nd across those portions of the 0 e,\) grantor's Parcel (exclusive. of any portIOM, within building areas necessary for the installation, operation, flo Passage, use, maintenance, connection, repair, replacement, relocation, of Utility Lines currently serving the grantee's Parcel. The Owner whcfsx?R'Aarcel is subject to an easement granted hereunder shall have the right at any tif locate a Utility fi*,­Ab re Line upon thirty (30) days prior written notice to the other bwnpr provided that such relocation: (i) shall not interfere with or diminish the utilitqy..��,�-,,kryices to the benefitted Parcel nor make the use of such utility more expensive; hall not ICUUILA; UI IIIIFdII UK; U0%_,LUJIIVZZ)Z0 M IUMLtkJII VI Z5W'LI ULIIILJV, L I I I I Vk, performed without cost or expense to the other Owner having rights wit "'respect to such easement; (iv) shall be completed in a good and workmanlike mA tilef with as little interference as possible to the grantee Parcel, using materials and;; � ``` design standards which equal or exceed those originally used; and (v) shall have been approved by the utility company and the appropriate governmental or quasi -governmental agencies having jurisdiction. thereover. The term "Utility Lines" shall mean those facilities and systems for the transmission of utility Vyt 1084 Mount Prospect Plaza, Mount Prospect, IL 24974351.3 El Order: 1028810-10 Doc:1719439138 Page 4 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM 00751918=10161�0 ��19191 services, including for the drainage and storage of surface water (such as retention ponds). f Each Owner having rights with respect to an easement granted hereunder shall indemnify and hold the other Owner whose Parcel is subject to the easement harmless from and against all claims, liabilities and expenses (including reasonable attorneys' fees) relating to accidents, injuries, loss, or damage of or to any person or property arising from the negligent, intentional or willful acts or omissions of such Owner, its contractors, employees, agents, or others acting on behalf of such Owner. Each Owner shall maintain Commercial General Vr NV Liability iability Insurance with a combined single limit of liability of Five Million Dollars ($5,000,000.00) for bodily injury, personal injury and property damage, d arising out of any one occurrence the other Party shall be an "additional insured' -� icy as it I such policy applies to the insuring Owner's Parcel. Each Owner -a. be-s to look first to the insurance coverage obtained hereunder, and to exhaust all its thereof before making any claim, other than to preserve rights if coeiragelfereunder is inadequate, under the insurance carried by another Owner. i. 4. MAINTENAL. a. The Main Pa ;0 " s��ner covenants at all times during the term hereof, to operate, maintain repair arid, -,,*,,here necessary, replace, or cause to be operated, maintained, repaired ere necessary, replaced, subject to reimbursement ded below- t as, nroviion Areas on the Shonning Center Parcel (or. at Main Parcel Owner's sole'�=Qption, the Main Parcel and one or none of the S hopping Center Outparcels) dn- RMP Outparcel in good order, condition and repair ("Common Area Common Area Maintenance shall include, without limitation-, (i) maint`-a`iniin--,&. repairing and replacing the surface of the Driveways and Parking Areas 'it Jil ing, without limitation repaving, painting, resurfacing, and re -striping; (ii) 11.0ving all papers, debris and other refuse, trash, rubbish, snow and ice from`,'*',,periodically sweeping, the, Common Areas to the extent necessary to mainfai= fie same in a clean, safe and orderly condition; (iii) installing, operating, main.ta`tfi'in&,. and replacing on the Common Areas, appropriate lighting fixtures, underg,66'bn'd irrigation (if any), landscaping, directional signs, traffic controls, signage," '-Utary and drainage control water facilities and a public address system i S,iv) providing ng utility management services and common utilities to the on Areas, !'--"-��`O including, without limitation, for powering the lighting fixtures;` roviding mn,nnai-mpnt ct-miit-t-c nnd cimprvicinn- (vi) nrnvidino nt-rrnnnA to kri'f-iviricinu and to provide security; and (vii) performing any and all such other duties as -the Main Parcel Owner determines are necessary in its sole discretion to mallitat,,.01" such Common Areas in a clean, safe and orderly condition. The Main Par c­eL:0-"i:" ,N� Owner shall determine in its commercially reasonable discretion whether or nof`�I.,.1110" replacement of any of the foregoing is necessary. In the event that the cost of a capital improvement shall be reasonably estimated by the Main Parcel Owner to exceed $150,000.00, then the Main Parcel Owner shall notify RMP of the same k`k/`4 'S:: and AMP shall have ten (10) business days from the date of such notification to 1084 Mount Prospect Plaza, Mount Prospect, IL 24974351.3 Order: 1028810-10 Page 5 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 send written notice to the Main Parcel Owner as to whether or not it elects to have the Main Parcel Owner provide such capital improvement to the RMP Outparcel, the failure of RMP to provide such notification within such ten (10) business day period shall be deemed an election by RMP to have the Main Parcel Owner provide such capital improvement to the RMP Outparcel and the cost of such capital improvement provided to the Common Areas on the Shopping Center Parcel (or, at Main Parcel Owner's sole option, the Main Parcel and one or none of the Shopping Center Outparcels) and the RMP Outparcel shall be included in CAM Charges. If RMP notifies the Main Parcel Owner within such ten (10) business day period that it elects not to have the Main Parcel Owner \4P Outparcel then such capital provide such capital improvement to the R1 improvement shall not be provided to the RMP Outparcel and the cost of such capital improvement provided to the Common Areas on the Shopping Center (or, at Main Parcel Owner's sole option, the Main Parcel and one or none 6f,fhe Shopping Center Outparcels) shall not be included in CAM Charges. In the Main Parcel Owner fails to provide such notice, RNT's remedy stiff"be ",th'nited to excluding the cost of such capital improvement that is in excess of 15 01000 f M Cfrom CAM N arges. otwithstanding anything to the contrary coeach Owner shall use commercially reasonable efforts niatned herein, to prevent anyI waste or nuisances to exist on its Parcel. b. Common Area Maifiten ce Charges ("CAM Charges") shall include, without limitation, all of the cost 5-,`and expenses of the Common Area Maintenance, all u. iitifitv Anropp. invmrari�t' nrnnp.rtv tnYP1Z (--.fwt(z of (Zimnlipc r."Vtv, and expenses of licenses iffip.-ac,"t,.. and permit fees, costs of equipment used for such maintenance costs and 6"xp" s of capital made to the ,ense improvements Common Areas during t6e, year, together with an administrative/management fee not to exceed ten percent (10%) of the total of the foregoing costs and expenses 1u% ive of utility charges, insurance premiums, taxes and impact and perrnh-w,-;fees and capital improvements). Notwithstanding anything to the contrary 001,01ti-,iped herein, RMP shall pay annually to the Main Parcel Owner as its contrif.uLion toward the cost of the Common Area Maintenance an amount equal �,.`�RMP Proportionate '� Share". The number of square feet of the buildings<,.46cated on the RMP Outparcel and each of the Main Parcel and Shoppih'g�,�'�Qenter Out Parcels (excluding any of the Shopping Center Out Parcels for whichM,4 Parcel Owner is not supplying Common Area Maintenance) is set forth on txWbit G hereto. The RMP Proportionate Share shall be determined as follows: 6y,.""Multlp lying +'k,n. r A KA (""knr""c1 fyur o, frrArrf;"," th'm V111T"0r-nt^V ^F vukirh ;0 +l, c�iWia""i"kor r%f LIL%.- LULUI \-JlUlbvo W.7 " Ll"V&A%YJA� L11%W A1L4A111,114AL%J1 %JJL VT111VA1 163 LIA%.e 'I; 'L W& ." Vt"A, �, " square feet of floor area in the building(s), from time to time, located on"i AMP Outparcel and the denominator of which is the total number of square f6et,``qf floor area in all of the buildings located in the Shopping Center (excluding a`nY,,.i,.` of the Shopping Center Outparcels for which Main Parcel Owner is not supplying Common Area Maintenance). In the event that the building(s) on the RMP Outparcel is demolished, then the RMP Proportionate Share shall be calculated based on the number of square feet of floor area in the buildings, 1084 Mount Prospect Plaza, Mount Prospect, IL 24974351.3 Order: 1028810-10 Page 6 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 00751918=10161• 0 19191 located on the RMP Outparcel immediately prior to the building(s) being demolished. The annual RMP Proportionate Share for each calendar year shall be paid within thirty (30) days of the Main Parcel Owner delivering to RMP a written invoice (including a reasonably detailed breakdown of all charges and showing the calculations made to arrive at the RMP Proportionate Share) of the annual RMP Proportionate Share for such calendar year. Following the end of each calendar year, the Main Parcel Owner shall send RMP a reconciliation statement showing actual expenses for the prior calendar year. In the event of a deficit, RMP shall pay the difference within thirty (30) days of receipt of a written demand, in the event of an overage, the Main Parcel Owner shall credit same toward RMP's next due CAM Charge payment, shall have the right, upon giving not less than sixty (60) day's prior written x 'N ,,: a`notice to the Main Parcel Owner, to take-over and assume the operation and intenance of the RMP Outparcel Common Area provided, however, RMP sha,I.snot have the foregoing right to take over and assume the operation and mat enanc ommo e of Cn Area Maintenance associated with any comare utilities��a ��s,orm water systems servicing the RMP Outparcel and the Shopping 'pi' Center Par "a q`j "Following the effective date of such permitted take-over and assumption ]kMPA'Shall operate and maintain (or cause the operation and maintenance 60 a,,1" ;ommon on Area the RMP Outparcel, and shall pay all costs : and expenses connection therewith; provided, however, the Main Parcel Owner shall co iiiiii'd p','.to operate and maintain, and RA4P shall be obligated 're)nnAotinn wifli (ii the r�npzt nf nnv iitiliflin-< t-,nmmrmIv to nqv CAM r ("hnrcp-z servicinp, both the RMP Outpg,"'I and the Shopping Center Parcel and (ii) the storm water systems, including**"'�a-n��,�,'�---�etention/retention ponds, and water supply facilities,, regardless of location "'(661flectively, the foregoing (1) and (ii) are referred to as the "*Continuing Funeftion�S�7.,. Upon the effective date of such take-over and assumption, RMP released from the obligation to contribute towards CAM Charges for t is ,,,balance of the Common Area Maintenance, except with respect to the C1.10",nti"nuinp, Functions for which X, continued participation is ma"i andatory, and the nistration fee payable by RMP shall be based only on the cost of the Continui` "V4,octions. RMP's share of the cost of the Continuing Functions shall be paidl)#,�r'a'accordance with the allocation set forth in Section 4(b) so long as the P4'*?iif -Parcel Owner is responsible for such functions. d. RMP may also elect to separate the RMP Outparcel illumination. a,,. ft 4-irrigation I XA-:A;'n J3'A'r'-AI OxtofAr"'c II'nfNt% nt Land O;vt-,.l tAn� 'A'alle lift-4ficak" .a.Y0k,%IAJI0 11MI11 V91%, IVAILAIII I %Al%,%,L 0.YI3L%.IIIA0 LLIJ%Jl& "L A%.�440V IJAIVVJ k%JWf %ALA.70 fXJL 1%AAWAS notice to the Main Parcel Owner. The expense of such separation sha�",Q,,Tne equally by the Main Parcel Owner and by RNIP. Upon such separation RMWP"�� shall be responsible to maintain and operate at its expense such separate on the RMP Outparcel and shall not be obligated to pay for any expenses operating such systems on the Shopping Center Parcels which expenses shall not be included in CAM Charges. e. RMP shall have the right to cause the Main Parcel Owner to resume the operation N 1084 Mount Prospect Plaza, Mount Prospect, IL 24974351.3 Order: 1028810-10 Page 7 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 I LOTA 1910 19101619 9 ce M M016 19191 and maintenance of the Common Area on the RMP Outparcel upon the satisfaction of the following conditions: (i) RMP shall give the Main Parcel Owner at least sixty (60) days prior written notice of its intention to have the Main Parcel Owner resume the operation and maintenance of the Common Area on the RMP Outparcel- and (ii) prior to the date established for the Main Parcel Owner to resume the maintenance and operation thereof, RMP shall, at its sole cost and expense, cause the Common Area on the RMP Outparcel to be at least . 5y equal to the same condition of maintenance then existing on the other portions of the Common Area then beinp, maintained by the Main Parcel Owner. Provided the foregoing conditions are satisfied, concurrently with the designated date the Main Parcel Owner shall resume full operation and maintenance of the Common Area located on the RMP Outparcel and RMP shall be responsible for the RMP Proportionate Share for all CAM Charges as set forth in Section 4(b) long as the Main Parcel Owner is responsible for such functions. 5. BUILDING AND USE RESTRICTIONS. a. RMP co WOWS to keep and maintain, at its sole cost and expense and in good order, cond`if`.W`n`sand repair, the building and improvements located from time to time on the-"'� .,,,0R,,MP Outparcel (collectively the "RMP Outparcel Improvemen S 11,01n-"!,the event of any damage to or destruction of any RMP Outparcel Improveffi ent.k., RMP shall,, at its sole cost and expense, and with due diligence, repair, res6r6,`,,`and rebuild such RMP Outparcel Improvements to 0"LJ.3LL4X1k&L414.Y Llk%l %1W11%AAVkW A A%,P& ILW 6J164%01A %.*t41LA"5%,1 'WA %4A1016& '1,%J1 VV LVAA such changes as shall not co'nflila`t, with this REA), or (ii) demolish and remove all portions of such damaged es^ rpyed RMP Outparcel Improvements then remaining, including the debris f�e*J.fing therefrom, and otherwise clean and restore the area affected by such casuAlt-16i-a level, graded condition and paved, y seeded or sodded. Nothing contained ift.,,this,,,, Section shall be deemed to allow RMP to avoid a ore stringent obligation T"r, n epair, restoration and rebuilding m contained in the PUD or a lease or other wri" e 06',."""'agreement between RMP and its Permittee, if any b. All MP' Outparcel Improvements, now or in the futurdw'cb,, n�trusted on the RMP Outparcel and all improvements now or in the futute�""-"°,,��"�onstructed on the Shopping Center Parcel, shall be constructed, operated and inaimained by each respective Owner so' that the same are in compliance wil& 11- applicable governmental requirements, including sign ordinances. `` k 4tC. Each of RGPLP and RMP reserves the right to alter, modify, rec relocate and/or remove the buildings, improvements, and Common Area from time to time on its respective Parcel, provided that no such action s reduce or interfere with, the easements granted to RGPLP or RMP i Paragraph 3 above. d. No use of the RMP Outparcel, shall be permitted if such use would violate any 1084 Mount Prospcct Plaza, Mount Prospect, IL 24974351.3 ��Z Order: 1028810-10 Doc:1719439138 Page 8 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM i LOTA 19TWO 191001 M � � 19101 exclusive use rights (but only during the period such exclusive use is operative) *Fr restrictions set forth on Exhibit F attached hereto. In no event shall the RMP *utparcel be used for any of the prohibited uses listed on Exhibit F. 0 AN ,hVdff41"$TAV . IL .0 jdWWLVjWLM Each Owner shall pay all taxes, assessments or charges of any type levied or made by any governmental body or agency with respect to its Parcel before the same commence to accrue interest or penalties, wz 7, REMEDIES AND ENFORCEMENT. Y,*.,,'4",., In the event of a breach or threatened breach by any Owner or its Permittees, of ,,,,.,-,any of the terms, covenants, restrictions or conditions hereof, the other Owner 'ArS-KI-11b e entitled forthwith to fu I I and adequate rel e f by injunction. and/or all such othdr,-,,,-,'"avail able legal and equitable remedies from the consequences of such br i, including payment of any amounts due and/or specific performance. b. In addition 1...ok, 411.1"other remedies available at law or in equity, upon the failure of WRA a defaultingj`-`*`-:,-,r;,�;;to cure a breach of this Am greeent within thi rty (30) days following wriifen'; pt -tce thereof by the non -defaulting Owner to the defaulting , 6, Owner (unless, Wit, T irkvect to any such breach the nature of which cannot -reasonably be cured N�� ��7h`,,-,such 30-day period, then, for such period of time as flip nnn_tjPf*!mdt;na nurnpr elvAl 574 A. %X L JL tj 1Y0 JL %/ L& L3 %_,F Ax " ki AV %4 1 AL4 VA 41, LL14-P&A %*%.fA.464%*&%,AAA5 I-# VT have the right, but not the 6bliga ' tion, to perform such obligation contained in this Agreement on behalf of t6,,r��,e.faulting Owner and be reimbursed by the defaulting Owner upon demand faf e reasonable costs thereof together with interest at a per annum rate ("Default"'Interest" equal to the prime rate set forth from time to time in the Money Rate11S,,,.,,Section of the Wall Street Journal (provided that, in the event the Wall Street lo gal no longer publishes such rates .7 or in the event that the Wall Street Journal is i?ioJ1i0ger published, the prime rate published by a successor national business daily"'u, lication reasonably selected by the non -defaulting Owner), plus two p rcerw`l ( (riot to exceed the f expenditure until maximum rate of interest allowed by law) from the date-,?o "jT" ,%,,. 'I" m paid. Notwithstanding the foregoing, in the ef ( vent of e ergency or blockage or material impairment of the easement rights, lh&,f,ncan-defaulting Owner may immediately cure the same and be reimbursed defaulting Owner upon demand for the reasonable cost thereof together' w.,,""if,, Default +L..% Ao%+e% 1.2*%+;l *%rh;A I I 111LUIUbt LIKA%w;Vll 11VIII LIA; UaX kii U'LL F c. Any claim for reimbursement, including Default Interest, and all cost9111*_,,,,a­ expenses, including reasonable attorneys' fees awarded to either Owner ti,, enforcing any payment in any suit or proceeding under this Agreement, shall be"*".,.k,","-",,,,'-.>�M,;,,I assessed against the other Owner and shall constitute a lien (the "Assessment ,,""kX* "".." Lien") against the other Owner's Parcel until paid, effective upon the recording 1,r, Jl, of a notice of lien in the land title records for Cook County, Illinois prodded, �11 1084 Mount Prospect Plaza, Mount Prospect, IL 24974351.3 Order: 1028810-10 Page 9 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 I LOTA 191, owl Kilo's 9 me M to] on W0191 however, that any such Assessment Lien shall be subject and subordinate to (1) any first mortgage granted on a Parcel by its Owner to a bona fide non-affiliated third party lender, (11) liens for taxes and other public charges which by applicable law are expressly made superior, (iii) all liens recorded in the land title records of Cook County, Illinois prior to the date of recordation of said notice of lien and (iv) all leases entered into, whether or not recorded, prior to the date of recordation of said notice of lien. All other liens recorded subsequent to the recordation of the notice of lien described herein shall be junior and subordinate to the Assessment Lien. Upon the timely curing by an Owner of any default for which a notice of lien was recorded, the non -defaulting Owner shall record an appropriate release of such notice of lien and Assessment Lien. The remedies specified herein shall be cumulative and in addition to all other wreedies permitted at law or in equity. e. N,i`"reach hereunder shall entitle any Owner to cancel, rescind or otherwise terms' ,."ate, -,.,.?,this Agreement. No breach hereunder shall defeat or render invalid the y mortgage or deed of trust upon any Parcel made in good faith for value, but" ii,,h-�' =Yea-sements, covenants, conditions and restrictions hereof shall be binding upon,`a_­h`:`4 effective against any Owner of such Parcel covered hereby whose title th�r'`i t cquired by foreclosure, trustee's sale, or otherwise. 5, A: f. In the event of a violafi`4.iior threat thereof of any of the provisions of Section 3 of this Agreement, ea+ch,,0kne ,agrees that such violation or threat thereof shall cause the non -defaulting Ownef'� and/or its Permittees to suffer irreparable harm and s0uch non -defaulting and its Permittees shall have no adequate remedy at law. As a result, in thew �y- tvt of a violation or threat thereof of any of the provisions of Section 3 of this�"`A', gmernent, the not -defaulting Owner, in addition to all remedies available at law 6r otherwise under this Agreement, shall be entitled to injunctive or other f to enjoin a violation or threat thereof of Section 3 of this Agreement. ;=` a. Each Owner shall be liable for the performance of It covenants, obligations and undertakings applicable to the Parcel or portion thereo.f6� oed by it that accrue during the period of such ownership, and such liabili:i,,,,,�-,?,.,�.alI continue with respect to any portion of a Parcel transferred by such Owiftjpif "'vntil the date of such transfer. Upon the date of any such transfer, the trans`i�!ii g,,Owner shall be released from all obligations pertaining to the portion of the Parnsferred arising subsequent to such transfer. 8. TERM. The casements, covenants, conditions and restrictions contained in this Agreemenf--.",,.,,. shall be effective commencing on the date of recordation of this Agreement in the land title records for Cook County, Illinois and shall remain in full force and effect F ::y 4.. - thereafter in perpetuity, unless this Agreement is modified, amended, canceled or 1084 Mount Prospect Plaza, Mount Prospect, IL 24974351.3 V Order: 1028810-10 Doc:1719439138 Page 10 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM I LIM 191, 001 U10101 007 M I I on 19101 terminated by the written consent of all then record Owners of the RMP Outparcel and the Shopping Center Parcel in accordance with Section I I (b) below. Notices or other communication hereunder shall be in writing and shall be sent certified or registered mail, return receipt requested, or by nationally recognized overnight courier service, or personal delivery. Notice shall be deemed given upon receipt or refusal to accept delivery. Each Party may change from time to time their respective address for notices hereunder by like notice to the other Party. The current notice addresses are as follows: If to RAMCO-GERS HENSON PROPERTIES, L.P. c/o Ramco-Gershenson Inc. rws"`"wa 31500 Northwestern Highway, Suite 300 Farmington Hills, Michigan 48334 Attention: Ms. Catherine Clark 248-592-6211 cclark@,rgpt,.,coM with copy to: Honigmtan,,,�Miller Schwartz and Cohn LLP 38500 Wood:' and Avenue, Suite 1,00 s. Bloomfiel&H , ls'� MI 48304 Atf,n- P on A 2. %, LA A. 47 %-P A A" A Fax: (248) 566-84-24,o' Email. iblock 2hon.i`Rm"`an.corn If to RMP: Ramco Mount Prospect LLC c/o Ramco-Gershenson, Inc."',, 31500 Northwestern Highway,' e 300 Farmington Hills, Michigan 4833405,,,r' Attention: Ms. Catherine Clark (Fax)-. 248-592-6211 Email: cclark-21rgpt.com with a copy to: Honigman Miller Schwartz and Cohn LLP 3 8 500 Woodward Avenue, Suite 100 Bloomfield Hills, MI 48304 tN V:vri r-ILUI. JULIMLLall 1.,9. Fax: (248) 566-8424 A. Email: 'blockghonigman.com N. a. Any Owner shall, within fourteen (14) days after receipt of written request from 'K any other Owner (which shall not be more than three (3) times in any calendar year), issue to such other Owner or its prospective mortgagee or successor, an ` -: ±' 1084 Mount Prospect Plaza, Mount Prospect, IL 24974351.3 Order: 1028810-10 Page 11 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 3 1 FAI On 99101 1 L*TA 19183 RIO estoppel certificate stating to the best of the issuer's knowledge as of such date: Whether it knows of any default under this Agreement by the requesting Owner, and if there are known defaults, specifying the nature thereof in ii. Whether this Agreement has been assigned, modified or amended in any way by it and if so, stating the nature thereof in reasonable detail; and iii. Whether this Agreement is in full force and effect. C. Such estoppel certificate shall act to estop the issuer from asserting a claim or defense against a bona fide encumbrancer or Owner for value to the extent that HI such claim or defense is based upon facts known to the issuer as of the date of 1V th.q.�A,qstoppel certificate which are contrary to the facts contained therein, and T suc.1fi -bona fide Owner or encumbrancer has acted in reasonable reliance upon such st, el certificate without knowledge of facts to the contrary. The Or issuance Pb,,,1k, an estoppel certificate shall in no event subject the issuer to any liability for1b, &.iftadvertent failure of the issuer to disclose correct and/or relevant information. 3. 10. MISCELLANEOUS A- Attornevs'Fees_ In the-& ent n... Owner institutes any legal action or proceeding for the enforcement of any fig, ..,or obligation herein contained', the prevailing Owner (i.e., the one, if any, whii�­4...,-,#phieves substantially the remedy requested in its initial complaint or counterdaifn -after a final adjudication shall be entitled to recover its costs and reasonable att6 s.,' fees incurred in the preparation and prosecution of such action or proc'eedin",,,,,,, b. Amendment. The provisions of this Agreerien't"o, m-av be modified or amended, in whole or in part, or terminated, only by thee; Wtjtten consent of all of the affected record Owners of the Parcels, evidenced. 1'document that has been fully executed and acknowledged by all such record Ow,'fiex% and recorded in the land title records of Cook County, Illinois. c. Consents. Wherever in this Agreement the consent or approVa!l df.,an Owner is required, unless otherwise expressly provided herein, such cons eh`n�op�,.�approvai shall not be unreasonably withheld, conditioned or delayed. Any*-,� est for consent or approval shall: (a) be in writing; (b) specify the section hereol;fw h*ch requires that such notice be given or that such consent or approval be obta, yr�n �Ne , and c be accompanied by such background data as is reasonably necessary,Jo make an 'Informed decision thereon. The consent of an Owner under Agreement, to be effective, must be, given, denied or conditioned expressly and in writing. d. No Waiver. No waiver of any default of any obligation by any Owner hereto 12 1084 Mount Prospect Plaza, Mount Prospect, IL 24974351.3 Order: 1028810-10 Page 12 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 I LOTA 19183 Kilo's i me M 91 on 19191 shall be implied from any omission by the other Owner(s) to take any action with respect to such default. c. No Ajwn,c . Nothing in this Agreement shall be deemed or construed by either Party or by any third person to create the relationship of principal and agent or of limited or general partners or of joint venturers or of any other association between the Parties. f. Covenants to Run with Land. It is intended that each of the casements, covenants, conditions, restrictions, rights and obligations set forth herein shall run with the land and create equitable servitudes in favor of the real property benefited thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties and their w. -pccessors, assigns, heirs and personal representatives. g. 91.ae's Acceptance. The grantee of any Parcel or any portion thereof, by acce, t ncri of a deed conveying title thereto or the execution of a contract for the purchase."'.".."I reof whether from an original Party hereto or from a subsequent 46 Owner of ;:'.ut`la Parcel, shall accept such deed or contract upon and subject to easements covenants each and all '4of'ih- conditions restrictions and obligations contained he i . }':,.,.such acceptance, any such grantee shall for itself and its 1, y successors, assigns',,,�A ells, and personal representatives, covenant, consent, and agree to and with the dih&, Party, to keep, observe, comply with and perform the obligations and agreemes t forth herein with respect to the property so p", acquired by such grantee. Uon such conveyance (i) the grantor shall be relieved of all obligations and duties pursuant to this Agreement, from and after an the date of such conveyance, he grantee shall be obligated to perform all obligations and duties arising pu ant,,,!,o this Agreement from and after the date of this Agreement (and not prior tW­reto'). h. Separability. Each provision of this Agreeucand the application thereof to the Parcels are hereby declared to be independ n �of and severable from the remainder of this Agreement. If any provision co6ta'.m. :ed herein shall be held to be invalid or to be unenforceable or not to run wA"'t-he,J�"iid� such holding shall not affect the validity or enforceability of the remainderfe.;:,this Agreement. In the event the validity or enforceability of any provision of thi"giAg r eement is held to be dependent upon the existence of a specific legal d e s ch'P., '1`tm 1, the parties agree to promptly cause such legal description to be prep ared"�,..',0, ne- rship of both Parcels by the same person or entity shall not ten-ninate this Arent nor ii in any manner affect or impair the validity or enforceability of this A& 7 t I bent. i. Time of Essence. Time is of the essence of this Agreement. J Entire Atireement. This Agreement contains the complete understanding an(:C---1.1 agreement of the Parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby. 11K 1084 Mount Prospect Plaza, Mount Prospect, IL 24974351.3 Order: 1028810-10 Page 13 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 i LOTA 19TWO 191001007 M E I no 16101 k. Governing Law. The procedural and substantive laws of the State of Illinois shall ,govern the interpretation, validity, performance and enforcement of this Agreement. Bankruptc . In the event of any bankruptcy affecting any Owner or occupant of any Parcel, the Parties agree that this Agreement shall, to the maximum extent permitted by law, be considered an agreement that runs with the land and that is not rejectable, in whole or in part, by the bankrupt person or entity. m. Section Headings. The section headings hereof are generally descriptive only, and do not define or limit the operative effect of any such section. e,,,`h. No Rights in Public; No Implied Easements. Nothing contained herein shall be cV.th"onstru{edpublic as creating any rights in the general public or as dedicating for publ* anv portion of the Parcels. No easements, except as expressly set forth in & oabove, shall be implied by this Agreement. Nothing herein shall q.tfn, 3 imp.,f1hgooperative effect of easements heretofore recorded and of record with al respect :Parcel. o. Appurtgnafi ment. None of the easements and rights created herein may be transferred, a or encumbered other than as an appurtenance to either the RM 81- S P Outparcel oL"'i,i t....le bopping Center Parcel. p. PUD it Extension. is ac wledged and agreed by the Owners that the Main Parcel Owner may from tire" Go time request and obtain extensions and/or reinstatements of the PUD Ostantially the same terms and conditions as contained in the PUD on the this Agreement (the "PUD Extension"). For purposes of requesting and Ainin the PUD Extension, RMP hereby makes, constitutes and appoints the Maill Marcel Owner as its attorney -in -fact, to execute, make, acknowledge and de-Iivfr any and all instruments and documents necessary to request and obtain"' qc,h,,PUD Extension. 'Signattires onfollowing pages, L 1084 Mount Prospect Plaza, Mount Prospect, IL 24974351.3 Order: 1028810-10 Page 14 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 i NOTA 191011191,0019 me M N no roly, IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of 1. RGPLP: L. P. ITNESSES. RAMCO-GERSHENSON PROPERTIES, a Delaware limited partnership 0 Si ature Ab [Print tar Above] V STATE OF MICHIGAN RAMCO GERSHENSON' PROPERTIES TRUST, a Maryland real estate investment trust, General Partner By: Print Name- Cathedne Clark Its: Execuflve Vice President - "ran sa 9!14 ss. COUNTY OF OAKLAND On this day of 2017, before me personally appeared C.41 atnerine) -lark tomepCT_1',1T,.;­ ly known, who, being by me duly sworn, did say that he/she is the EX=ffVe)fina p�niw of Ramco-Gershenson Properties, L.P., a Delaware limited partnership, by Ranico Gershenson Properties Trust, a Maryland real estate investment trust, its General Partner ande`.''that said instrument was signed in 1_41:'4,C K I behalf of said limited liability company and said signato:!*,'.."' lowledged before me said r instrument to be the ftee act and deed of said limited A _ - -------------- :—I KELLY A. ZELENAK Notary Puhfin Mato m ut,.m.. %ps ITI 1%A "Um g Count, of LACAM Wcumy Order: 1028810-10 Page 15 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 i NOTA 191011191,0019 me M M** WON WITNESSES: 0V (Signature Ab "" el 1, IA l '1ame Above] STATE" OF ss COUNTY OF J A 1) RAMCO MOUNT PROSPECT LLC, a Dela are limited liability company B yo- 8 Name: Catherine GlarK Exec Its: urlve Vice pre jaenF-TrdT1%1i0VUV1 10 ,p ore me personally appeare4 2017, bef to me personally known, who, being by me duly swom, r did say that e "Is e iso lte�c%i M of RAMCO MOUNT PROSPECT LLC, a Delaware ''dd liability company, and that saidinstrument was signed in s:krbehalf of said company and said. signafoi7Facknowl edged before me said instrument to be the free act and deed of said company. aine: Prhit,N, XC VA "AA NTotary lPub ,ic, State 0 KELLY A. zEi ENAK County ......... -M Notary Public, Suite Of MIChIgm Itl U 14 C.- Cc)uniy ci w ayne M y C o m rn ii`� s ExkeS'. Of 4,A 1 7 A 20 My CommIssion E*kV d1m. I 1=9 [A Acting in thetto, n ty of t�)A zxa in Im COW* at k ( GS o if Order: 1028810-10 Page 16 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 i LOTA 19TWO 191001007 m mo 19191 1084 Mount Prospect Plaza, Mount Prospect, IL 24974351.3 Order: 1028810-10 Doc:1719439138 Page 17 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM I LOTA 16001191001 i me m Fool on 0191 "M M _ffl� � %�'ffi I WIT9 111; ��� � I 111i ; 1 11111 440 THAT PART OF LOT I IN THE PLAZA SUBDIVISION LYING IN THtOEA'ST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 35 (EXCEPT PART TAKEN FOR' CENTENNIAL SUBDIVISION) AND (EXCEPT THAT PART TAKEN FOR ROAD PER CONMMNATION CASE #78LI 8740) DESCRIBED AS FOLLOWS: BEGINNING AT THE INTER�02TION OF 1`111C Mt-NDD A XTT-1 Df'*t A t-% 117TO'rLI rUIQ V A Qr T POV nV IrUL' XA1WQT I A;A� THIP I JLL.114 %-1 Ix 1 11 L-d I 1 141-., X-f I JL\-rx I V IV I It I it it 1 11-4 L.WrxL.7 1 "11-4" -"� I I I I L.4 v v 1.4 . 'A I F C.0 '4 A A A I-o SOUTHWEST 1/4 OF SECTION 35 THENCE NORTH 00009'46" WEST 179-6FrFE"I` THENCE SOUTH 58020'52" EAST 89.98 FEET TO A POINT OF CURVATURE THENQ SOUTHERLY 78.02 FEET ALONG AN ARC OF A CIRCLE TO THE RIGHT HAVING RADIUS OF 49.00 FEET AND A CHORD BEARING SOUTH 12043'52" EAST 70.04 FEET THENCE SOUTH 32053'09" WEST 68.50 FEET THENCE NORTH 57"06'51 WEST 23.71 FEET THENCE SOUTH 32053'09" WEST 35.00 FEET THENCE NORTH 57006'51 WEST J"i., 1084 Mount Prospect Plaza, Mount Prospect, I L 24974351,3 Order: 1028810-10 Doc:1719439138 Page 18 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM 18.36 FEET TO THE POINT OF BEGINNING IN SECTION 35 TOWNSHIP 42 NORTH, RANGE I I EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. riF PERMANENT REAL ESTATE INDEX NUMBER 03-35-302-014-0000 IN IN' THE WEST 1/2 OF THE .,,-,-�,-e,,THAT PART OF LOT I IN' PLAZA SUBDIVISION LY G DUTHWEST 1/2 (EXCEPT THAT PART TAKEN FOR WALMART SUBDIVISION) AND tl� UPT' THAT PART DESCRIBED AS FOLLOWS: BEGIN -NI AT THE POINT OF INT ECTION OF THE NORTHEASTERLY LINE OF RAND ROAD AND THE WEST EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 36 THENCE NORTH 57006'51 11 "ST ALONG SAID NORTHEASTERLY LINE 20.14 FEET TO A POINT OF CURVEATURE..',.. THENCE NORTHWESTERLY 162.82 FEET ALONG SAID NORTHEASIIE4,RLY LINE BEING THE ARC OF A CIRCLE TO THE RIGHT HAVING A RADIU0F 201'iXl�46,.- FD FEET ANA CHRD G N OSEA W 54051'49" EST 162.78 S "?', '7 FEET THENCE N6RT,4­1 34030140" EAST 142.48 FEET THENCE SOUTH 58020'52" EAST 80.82 FEET THENCE SOUTH 00009'46" EAST 179.61 FEET TO THE POINT OF BEGINNING) IN THE WtST."1/2 OF THE SOUTHWEST 1/4 OF SECTION 35 TOWNSHIP 42 NORTH, RANGE I I EASfOF�`*THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. I,F! ND FXCFPT- PART OF LOT I, PLAZA SUBDIVISION, IN TRE?SOUTHWEST QUARTER OF SECTION 35T. 42 N.R. I I E.., EAST OF THE THIRD PRlN­';`WAL MERIDAN, CITY OF MOUNT PROSPECT, COOK COUNTY, ILLIN`OIS, BEING Mb'9-E',:ARTICULARLY DESCRIBED AS: AT lt�,",OF WEST GATE ROAD COMMENCING THE INTERSECTION OF THE WES AND THE NORTH LINE OF EAST CENTRAL ROAD, THENCEA'L.ONG SAID WEST LINE, NORTH 617.80 FEET TO THE POINT OF BEGINNING; tAiNCE N 89C5813 1 10 W 294.97 FEET; THENCE N 2604142 E135.60 FEET; THENCE N 63%5W,389.30FEET; THENCE N 00*01'21 " Elf 250.91 FEET TO THE SOUTH LINE OF CENTEN'. IAL DRIVE; THENCE ALONG SAID SOUTH LINE THE FOLLOWING FOUR COURSE$.,,)�ND DISTANCES: 1) N 89039'43" E416.97 FEET TO A POINT OF CURVATURE:`1 , 116 23 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADWS OF Af)nf)PPPT ArIPVTUAT 4vr,.tPn-P,)i0lAliw Amr)ACPnRT)TPATRPARV.,' -Atj119 • E16.11 FEET; 3) S 67c'05'5711 El 135.16 FEET; AND 4) S 89 26'43" El 24-37 FEET TO THE­'4.,',z. WEST LINE OF WEST GATE ROAD; THENCE ALONG SAID WEST LINE, SOUTH 493 7P',,t FEET TO THE POINT OF BEGINNING. CONTAINING 5.632 ACRES. k 1084 Mount Prospect Plaza, Mount Prospect, 11. 24974351.3 Order: 1028810-10 Doc:1719439138 Page 19 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM 1084 Mount Prospcct Plaza, Mount Prospmt, IL 24974351.3 Order: 1028810-10 Doc:1719439138 Page 20 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM I Loyd NO 191001 i me m I on 16101 Exhibit B RMP_ Outparcel Leeal Description PLAZA SUBDIVISION IN THE SOUTHWEST QUARTER OF SECTION PART OF LOT 11 35, T. 42 N.R. I I E., EAST OF THE THIRD PRINCIPAL MERIDAN, CITY OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, BEING MORE PARTICULARLY DESCRIBED CO M. MENCING AT THE INTERSECTION OF THE WEST LINE OF WEST GATE ROAD AN6,TjiE NORTH LINE OF EAST CENTRAL ROAD, THENCE ALONG SAID WEST LINE 294.97 NORTF�6''l .80 FEET TO THE POINT OF BEGINNING- THENCE N 89058'3 1 " W9 FEET; THENCE N 2 6 0 41'42" E, 135.60 FEET; THENCE N 631 5t5211 W, 389.30 FEET; THENCE N 0000` RIVE; THENCE ALONG SA16' UTH LINE THE FOLLOWING FOUR COURSES AND DISTANCES: 1) N 89'*39'43" E416 . 07,fEET TO A POINT OF CURVATURE: 2) 16.23 FEET ALONG THE ARC OF A CURVE TO THE, RIGHT, SAID CURVE HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE 05'23,;f`14'20" AND A CHORD THAT BEARS S 78'043'34" E16.11 FEET; 3) S 67c'05r5711 E135.16 VET"E�T AND 4) S 89'026430t E7 24.37 FEET TO THE WEST LINE OF " SAID WEST LINE SUTH 493.79 FEET TO THE WEST GATE ROAD- THENCE,!:� ALONG O INING 5.632 ACRES. POINT OF BEGINNING. 1084 Mount Prospect Plaza, Mount Prospect, IL 24974351.3 Fr rari MON Order: 1028810-10 Doc:1719439138 Page 21 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM i LOTA 19TWO 191001 i m on � 19191 Exhibit C Site Plan ORAPHIC SCA2 vow WRW TABLE UNTNNKI DHVE AX a 21.81, v, Pik' I IN, RAM IF Wv 5F zz, W .111W ALP ". .41;7i OW CK Mw 0 U* 611 W CrNTENNIAL DRIVE li .3 AC I&W MIA lir 010 r CK W- 4 W 141." V PARCEL 0578 107 �A.A' :5.632 ACRES 0 04 lot WA - 4;JW wr CK Woo 4 1 V 2r 10 14'& Xll',kA OVA tit 40 �k VK- I W 4r 30 E A 4W "a, It AR r M 17 23729 ACRES < 4W '7 jN P < Ir W ZY r ilk Q AA� - R AY ka MWN" Z. to %w hot tri 'W. K7 PJQA CAST CENTRAL ROAD Tk S R.; TOS ftw WWI 'v"!: %-NIA rl+ $0 tit W tic !#;A ow %�� 40" ir i r. 1084 Mount Prospect Plaza, Mount Prospect, IL 249743513 Order: 1028810-10 Page 22 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 I LOTA 19183 Kilo's 9 1 ce m I PM 19191 'UAL D'5GRIPTIGN ;A :t w t0l '4 k OW11 -Y COCK V. ';I C-PX1 -W-E-Nn -i'l PART Of �A'o I A% t�i" F-' A,7 A SUM: V-S�i L. (.,F 'NE 7�rlk j U SEC Ril 3� (Exapl' HAT PAZ_11 IAKE� FC�_' "UNINNTAt %CZCWiSO4" -NE le_x=_r�* TAKEN ma Pw:4 kINATH:Y4 CASE 09._!6!443* Ali'D THM P&R! K6"WN5 A0 11t Alt"SM4014 Or -1HE MN7� LL,*c CF"�,AMD �CAb 417-, E-4.cl LAE T .118"ZOV' EAST 5),38 FEE" TO A FED C%; 0J'R*APJ'�;' T­E�%-_ SOUNU 'f 7*_02:'f-K- r 'Ar7 q LT k(�%C ME ARE G 44 A -0 4FF T V; 04� 04 BE AR 1 .4 ; SOU r--k EAST 7f�' , C 4 1 S?�'-'- WD (�V N'-*NQ,* HOR;" 57*Wt1' S T 23,71 -L UP TK.Nrl f 161-ST 11,"V111.1.1 (fj'-NM v� F,$ T -[�T (C, pry,'.J, N'CN`%VN-AND (EVUT P( tirU, 'oit; vv I' RAN) ROAD VD11 Or i HL SwITH 6H" STI' 1. U X THENCE SOUTHE4.57rk� '%Lww� I iE a P. -NO RCAD Q!� Tr.o NE pott"I" V 4Si �0,76 KFI A N T r V7- T, r� R: Y 5 TA N S 100 F .7 40% THE ARC ?Y A GRC_E TO fz4(.' ;'�ooqG t r_­ N N' vl'! ;0 �74S U a. AR.Nyl , IT I)-,' slW*1H 761130,31' EAST 6.fl �F* .URVA%As-. T,KNU rk5TE-*i[Y 4&'.'11 FFN 'll[ cR"' A L_!R' 1 !'t 4IA'04C A R0O�TW0 .00 VlIVWE SUN 1114'16' DSFEET TID A ,, 31 FEET k,,741C THE ARC Or 4 r: TO L;.,F t 'V VS' "�j< HAR'ACV* SOUN 44*N I, wY '5b '-C t TPENII?l VYJIf; 111"310V WWI 1-etm vrr 1H'E'M;E fA IrI 1 CjKNNtJUTE; 14S_ DN AL0 42 INIC'0i, I MNICPAk. WERTUN. CIOCK COUN',Y, ILLINT)IS, WORC Pk;'FICUMLI Mt,14.119171) #,S: PART (if LOT 1, KAZA y'4 Or IZEC W 11 Cjk$', 04' NE THPD �3R;N�IFAI W.RIDAN, CITY CtF W-fj'0 7117175PFCT, ",xi.4'. 4 ry 0, 1401S. DEINIC' UNE PM*14Cj.AA!.Y Df.'Skr'43f-v, As, KOWNG Al IWE INTr.RSEC'Mt� !Y 0�'Sl tX-. OF 4�31 GATE RZJ-'* N' Nri"Mi _ Z e OF EASTCB1'qk RjAD, 11KI110E kc`-rl SAL' F'V;"H N r,6'� Ft, Ill., NCA TH A S T-: R i Y t: h Cr' PAST R Ak R T 4D S if i iq 2106 M"': T+'NCE N1 3jL ILL I IL; 04 rUl I U Q.-KiAtURi" i.#rNtj D". �!�>T, SAID WRW HAVIN" I PA ,)fjs C" '7' '-k 4 11; � . %0.x F I- AN� a CAC41D �1"A) FEAgS N 4.11"51'22" W. 21.+:110 'Fi-E-7; N W, 5%4j F-::7 A "-NT -X CURVATLK D4ZEN1 4950 FiLl ki,'A-C Zi-.- 'ARC of a VS.,* *FC1 U*'11' SA111.1 CJR'vv. A RAINUS 7 2400 FEM A C-R.rtRk Xis OF AND A C'n0F.D ,FAT 2EA'J$ N 57°tC.'45" 4, 066 F-E-7.1; T)ifNa S. 32050�.X-r 'IV, FEET; N 56'545.13" W, 5'353 FUJ; N Z0.PV*k2u E, 61&sc rEl ITC_ A __(MT CC N.E 7:.02 f-EE71 AI'Clk' T-!: OF' JL CU1114 JQ 1,f '-,AP i;1 19 4;'4N6 A Rol 45.()) FEET, A W4-NdL OCZEE U AN. A CW,1RD Wi &-ARS *i 2-•3t'270 ' 70104 FEET, TRUCE. N %'08"Zi" 0, U'-6 FF.T., TH:-*q(,F E'. 514-.1Z4 FFEl TfO T?IE SOV TIH UNE OF Vi-.Nx k, ostj S At", TH U NtF C. e P3 7 6'. IrET; 11EN'S N ,00,01TT" EE. 1O23,19 FEV TO, T�J LINE 7�_N-a ALCK SAID SO�.TA U-NE O5LLU-4c, 9*Wk ;V'�JFSES A*+;i N ' 5-TV44't VC.97 FE t rO A P004 T OF C. RVA IV 7'. 16. 2: F' E F 1 Al. 4' C D W 0.1* A: H A, V N V' A �; A D US 0 F A 0, 0 G T Z T. A C U N1 A � A N q; E 0( C; A:4 A. C 0 Rltl THAT BARS S 75#4!'34" r, W1141 QU-1, 3) 'F SA:[l E, 5 () J T 1r93,79 ' ' ". POINT 0� BEURNINNG, C-40N-,&NACF-ri 1084 Mount Prospect Plaza, Mount Prospect, IL 24974351.3 "A4Cr,L OWA, PAF1 ',7t- LOT P�AZA %1MWSION, IN T-4-' qUJHVF_Fj �AFt�t_4 T =CTIV4 42 11 C. EAST IF THI NWO R;00IFA1 ly ci, vt3jai IjAMAS. i1EM,NN:All 'WE 0,31WILUA CF TH:.' OF_57 104E 0Z VC51 a RIAD A%'n k:>1--i nf EAST THUNCt' A'-:I%"C- SJAQ WAIII LINE 14 01"."'28" *4 S41-`2 FEE!70 NCFri-FASTED_" LNL Cr EAST RANID RO)W, %t .G SA'-'� Nr#r� :Z A�-V Mp:Sizm'y ol. . '4 x nti Kr rrrT. r..rc^r o, r Vl Qf (T-! tjrLl-!r u. caa-eam _ET 1-1 A, Pa�%T or CU1v,&rj';R--: rr1,-%C1 ',1,81 FLTr A! - rA�;" i)i; AR, , OF A, I r--- '(Q1 ' PPE M:17� SAID C%A4 HAVINC R 4)' 1: 55� T, A -Aif 24'53'4-. ", 4 XP. A a; -o' ChDrw DIAT BEARS N 43051ti2.` VIi, 'tj,64 FFFT jrM' E 3111 , M. " w 0 51.41 A F-CIENT CC t�,R)oAVJW,,. (HJ�P4,�E 4&5() FEET ALONC l�k' A,;C OF ik r_L-V�r Md 1' v, 01. S."li, i1tRVL HA14NG A 17 244,0 rXCT, A UOMAL As ^If 115"411 THAII ::RARS N 8 54' " W, 4 0 6 to FEET, THE S n r -z 3 1 %;A j'Cj W � 8 i4 : EE U k sosi'2a" w, 59.sA rv, i�!­tj,*t-CA , A f A- PY A 'P. t: 78 `70 kON' T4 A�^ 0:: r. 11� LF I, CVVE RAD's ,7 434) 1n ;,FEET,In54k1, A'N2U"� *(','P �110100", 'I.'.(+1)�i; 14' ,­04W W, 104 Fr",.T; lr;1;QK5'U9, 5ila Fa-" 7r'vrA"EC'"C?'.'I �^ FEE— rLt-, IHFN"F, 5 OV'01'4' W. *-E!; rjjt,),rj,, 7-� 9 YV, 13S-60 Mit, '111-OU cj4�51 CA P_' R, T(KVCE 4ACN46o I LINE', SOUT14 617.e� F-1� L I TIQ POINT OF BEU*'�; M. 0V !A!"A" PALL V LOT F%4A ';LwV5NN' -h t"HE `WVY657 '.'�iLtAIIIER �i S[CTn�i �5, 4Z N., P., PAL f� 14r Cf _A'^T F tH-- THrj R:NDP SIN C, C40AN v-:;u ;-ARrCtAkk� 6 VWVUNO `G A , k. TFRSEEtUDNO, f '"iAEST !IN-'' OF VWI C-ArtP 00 iHi'� OF wrr45T CCST-Rjv� Rf,1Q. Kkj� kCl�� SA VEST Ur.", NOAI�f AW.. F W;T OF *Nm it Z-11-00 ;I It, Z*$4' I i t ft V, tlb"Ju N .4j-4, -4 'k N; 6_1"t9V!2'* W. 1V 3K FE-7; "DtEACE N Wvt)1'21' i:, 2W.91 FEET 7-k� THE S0.! UNE --7 4116.9 TIDV A F��74 Ow AACts 8St 3 Ti-'r bF Z 4' Fj AN- A 4., 5 C"i' CAD tH T aF-AFS S 7! 64 j'J4" F., 16. 67--f-ro-47m , T U% xrstm-, 44 4 Lr I TO t4 AF.S"; --_ 7, 1-*:47 R-OAD, llifl cE AWW.' ) Is W'654 %7 r wrls SWIM 49174 FUT M M, 2�1 11 XW111 i*4"I"_� 'N'p, 50it xc_ 4F.Mh!TM ttLS, V ftj4 MOUNIT PROSPECT PLAZA TAX PARCEL DESORPT104S r_--Emr_i Am Order: 1028810-10 Doc:1719439138 Page 23 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM i LOTA 19TWO 1910010 0: MA I no 19191 Ar .0"IhL U UNTY RECORDER Of; 1084 Mount Prospect Plaza, Mount Prospect, IL 24974351.3 Order: 1028810-10 Page 24 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 I LOTA 19183 Kilo's 9 1 ce M WA M 19191 ► ORDINANCE, GRANTING A CONOITIONAL USE"PERW FOR. A FINAL -PLANNED UNITDEVELOPMENT, CONDITIONAL USE FOR A DRIVE -THROUGH ESTABLISHMENT A. VARIATION FOR PROPERTY LOCATED AT MOUNTPROSPECT PLAZA, (990-1145 MT. PROSPECT PLAZA, 940-950 EAST AND ROAD AND 1200-1220 EAST CENTRAL ROAD. MOUNT PROSPECT., I WHEREAS, Ramco-Gershenson Properties, L. P, ("Petitioner'), has filed a petition for a Condifional Use tif}w.:=.tear d�a a Final Planned Unit Developmeht (PUD), Condilil Use fora Drive -T hrough Establishment and 'e) ariation ( Lot ,Coverag for prpperty located at MountPr6spect Plaza, 990,114 Mt. Prospect Plaza, 0 East Rand Road and 1200-,1220 East'Central R6ad ("Property') and legalij descrtibed as; :PAK1`6 LOT 1 (E7,XQ,EPTING THEREFROM THOSE PARTS THEREOF TAKEN FAR OR THE DEPARTMENT OF TRANSP6FfAil,ON OF THE STA:rE,O'F! IL'LINdIS B Y.-CONDEMNAT(ON REGISTERED AS' DOCUMENT N:L�"f 49tR LP-3201616,,AND ALSO EXCEPTING THEREFROMTH4kT* PART*I*HEREOF TAKEN FOR CEN'T 154NIAL SUBDIVISION BY PLAT REGISTERED AS DOCUMENT NUMBER. LR,- ,3202 1 476) IN PLAZA"j: OBDIVISION, BEING -A SUBDIVISION OF PART OF THE BUT-I­lWE,ST QUARTER OF SE-CTI010*, TOWNSHIP 42-NORTH, RANGE 11 EAST- OF THE THIRE),P.RINCIPAL MERIDIAN, ACCOR0ING,,T,0,,-PLAT THEREOF, . REGISTERED IN THE OFFICE -OF 'THE REGISTRAR. 1979 AS DOCUMENT NUMBER, 3104778- OF TITLES OF COOK ONJULY 16,' ALSO EXCEP'TING THEREFRQ.. 'T-HAT PART OF LOT I IN PLA,7A,SUBDIVI SION AFOR.ESAID DESCRIBED AS FOLLOWS, BEGINNIG At THE NORTHWEST COI-'NitR OF SAID LOT -1�, THENCE SOUTH 29 DEGREES 46 -EAST ALONG, HE'�SOUTHWESTERLY LINE OF., AID T'1­ ;NG At. -SO WINUTES 10�SECONDS T14F"N'0R'TH F-WRTF ROi' F� It; H T.C­ )F_WAY!,*0 N E'QF,;RAND *ROAD. AS DEDICATED:B,Y 00C.IUMENT D : 297.66).- F E ET T 04A POI NT OF I WRVAT U RE NUMBER 31104-778;1A,OISTA?4C, E OF 296,41.1 THON'CE7CON T1 I N . UING I <S , 0LJTHEAST�kI1Y-'AC °SAID SOUTHWESTERLY, LINE,QN:A- 4 'TANG . ENTiAL�C0RV'E*'-. CONCAVEJ 2,072,4 T'kE 5, F. - 6. F E �T FO ,OiTHE-NOR _A,.ZT HAVING,A­RA D I U S 0 G R . EES,56 M11" .R :AN, AR04 DISTANCE Of 730"FEET, THENCE `NORTH.U,b,: E NUTES 31'SECOND AST; bING,f ,61 FEET TO THE SOUTHWEST"CORNER:OF CENTE" NIAL SUBDIVI SION..-jkCCOR OjHt i : I 'A f ' �, I I ... 11 1 1 4"v I U, '' .- " , r, ­ , * PL, T.T�4EREOF,RPG ST�f�E�D.�FEBRUARY`l 1. DOGI: NUMSER'3202476;-THENCE tNORTf+ c 6 b'E-G'REES.0'0:,MINLI'r,tt,,340-tt(t&N.DS EAST'AL0,NG`,TH6 WEST LINE`0r-GFNTENNIAL �t_ � :-;SA010T I'' JIN S1bN-AFOR'1ES`A1`Q- 234,66 FEET T0,A,P0I`N:1`,0N,.J`H ',TH L -PLAZA, SUBDIVISION" THENCE NORTH.'89 "DEGREES I U` ALONG', SAID NORTH LINE, 832,35 -F -0 -T H IF, P 0 1 N! i N N IN .(R:EC0R0 6315 .1,EET 7 PARCEL ONE AbbVt AL!�6 MbRE PARiIClJLARLY'0ESCR113ED,1 BY' ANb BOUNOS', As +'bLLO`VVS:- PART OF LOT I, PLAZA SUSDIVISf ON,, IN . THE SOUTHV . VEST OUMTER,PF»86*T)-ON 35! TOWNSHIP 421 NORTH,, RA,,Ni3_E 11 EAST OF THE: THR0- PRINCIPAL MliRIDIA MOUNT' )PROSPECT &COOK 00 UNTY- ILLIN01 ..$,BE`lNG,-,M0Re PARTICULARLY "S1 -AT THE NORTHWEST CORNER, 017V 3A A BEGINNINQ VEST i, TE ROAD-AND;EAST fqA,�! f1b b"t THE'NCE NORTH89 DE # N,WE ;:81 12;F TlE 5a DEGREES5'4'MiNUTE,S:,28-SEC0NDS:1VEST,,,41�41, FE&T:4 "THENCE NORTH',33� DEGRrEES'05 MINUTES- # SEC'ONDS EAST,, 35.60'FEET: Tli­ENCE�N68fw 6`11"`:,` DEGREES 54M,NUTES:18 SECOND S'IW EST,, 120.0. FE FT," TE N HCE SOUT,H,'33* DEGREES 05. SECON-WEST., 35,001FEEfT MINOTE� 32. DS HtNtENORTH,56 DEGREES,54 h! ES,,& M .3&52 FEET:� THEN I CE.-ALQ '. N.:)"T'H''E-,AR"*C,Of;A-�CU VETC�THEAIGHTH ,SECONDS WESTo AVING-A -AND A'LONG-CHOMSUBTENDE0 SEARING�OF"NORTH 53 DEGREES ;RADIUS OF-;9721,46 FEET -THENCF-1�NORTH-.20'DEGRF-ES.,57-MINUT :26.MINUTES 013 �EC'O,�DS WEST, 25-2.1,ES.12' FEET!tl .ECON*OS EAST-_r 616,,36 FEET,THENCE,$0UTH'89­D_E_ G` REES. 37 WNUTES 28. SE.00.NDS'EAST, „ry^r>,.. 698'30 FEET,- THENCE NORTHOO 0EbkF_ES*0i'M*1NUTES'21 SECOND&EAST, 123,99FEET-. 'THENCE NORTK-89- DE-0- REES 39M I NUTES 43 SECONDS EAST, 416.97: F EET", M 1084 Mount Prospect Plaza, Mount Prospect, IL 24974351.3 Order: 1028810-10 Page 25 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 I LOTA 16105 191*01 i M on 9 R M0 19191 THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 40,DDFEET AND A. LONG CHORD SUBTENDED BEARING OF SOUTH, 78 DEGREES 4" MINUTES 34 SECONDS EAST, 16 - .11 FEET; 1 HENCE SOUTH 67 DEGREE-S.0S MINUTES 57 SECONDS EAST, 135,16 FEET. -37 THENCE SOUTH89 DEGREES 26 MINUTES43 SONDS EAST, 24,ECFtEt: THENCJES00TH 00 DEGREE Gi- 00 M IN U'T E S 00 SECob N S VVEST. 1, 11 1'«959 FEET TO THE POINT OF BEGINNING. PARCEL2' N -EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCELNE OFORJNGRESS AND EGRESS, ON PARKING OR MOTOR V8HIC'LES,'L0ADING7AND UNLOADING OF COMMERCIAL AND OTHER �Mwlrl CC ANIn C110 TWI: I WAI IMAYR Ahin FACII ITIFR INSTAU..Fr) FOR T L_ % I vLj &-a_ %0, 11 - -w %.a I F, %_ w Nw. U THE COMFORT AND CONVENIENCE OF C StOMERSINVITEES, LICENSEES' TENANTS AND PLOY EES OF ALL BUSINESSES AND OCCUPANTS OF THE IMPROVEMENTS AS GRANTED BY AENTS AND COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING,LAND QATED BY AND BETWFEi� � MOUNT PROS PECT- OPLAZA LIMITED PARTNERSHIP,,AN -0IS:L1MITFD,PARTNE ryt&JNC,-ADELA AREC00"OkATIOK, RSHIP, �N,O W.A.L-MART STO. _0 RE00RDED IN THE'OF F ICE'OF THE RECORDER '* Or- DEEPS: OF COOK C0UN,,rY,',-w' LJ'Nb15,'* ON SER.9D4 74272, OVE R, AND ACROSS THOS I- SF&61FR�28 1990 AS DOCUMENT NUM THE FOLLOWI NG DESCRIBED IWAL-MART PARCEL" AS 'DEFINED THERE] N d"'A 'PAR ­ §' DESIGN T KI NG AREA THAT'PARTOF A" 01' 1 (EXCEPTING THEREFROMTHOSE"PARTS THERE CIF"TAKE N POR THE DEPARTMEW"' F TR NS FOR iATION faY CONDEMNATION REGISTERED AS. DOCU ENT NUMBER 320,1616.-A ." AALSO EXCEPTING7HEREFROM"THAT PART THEE EN F EOF TAKOR 4 CENTENNIAL 'ZSUBDI I- 400-,BY PIAT REGISTERED AS DOCUMENT NUMBE.R'32074.7,6) 1,N. PLAZA SU . 8DNASI0N.8EINGA$kW-'P' 01 C 1OF..P.o_NRT,OF THE $00,THWEST QUARTER OF-,SECTI0N.J;), A14fi� EAST, OF T HE THIRD PMNCI,�AL N1 TOWNSkPA2 -NORTH A N 1t*A0Al4,.A­�C­�,­ 0­Rb"ING TO. J 0 1 HE REGISTR OF;TI RATLF ES OCOOK PLAT THEREOF REGISTERtb sal 4,t,'HE, FP"OP'&T' COUNTY.. ILLINOIS, ON U LY)'&,`�A 919--AS DOCUM ENTN UMBER 3104778, DESGRIDED'AS F 6LLOWS BEG INNING.ATTHE NORTHWEs*r cCAN15A,'0F'SAID! .SOT 1-, THENCE SOUTH 29 DEGIEES 46 0UtHWES� TE RLY1 I N E OF `SAID LOT 8EING ALSO F­, & 1,0% MV A- 0 1 i'=" M tAiKim or� t. n t, c - ncriiri Art n ny, mnt"4k t&Achtr:, I rl C Vow M I Hr-AS 1 Qr%&: T rx FGH -0V IV V11% -fw 7 -,%ar-�Ur w k*.- - "I 'NUM'B'ER -310'47:78,,A'PISTANCE 0 . F PRb2971.'66 r-E-r_!,-TO"APOlt4T-OF-C'URVArUOE, , ;tHEN "C"E'C'O'NT'I'N'UING't6UfHAl'--ERL'�r' AL-01"40G`9A40,SOUTHWESTERLY LINE ON.A '�TANGENTIALO CUR VE, CONCAVE 'tb TA E'N9RTH5',W­',,�,- ING'AJZADIUSOF 7D72,46,FEET-JOR, 4AV AN ARC*DICTA NCE . OF- 730 FE ET;Tt�NCE- NORTH �0-�PtGfMgS 56' ' MiNUtES,l..SE-.CONDS',E�AST�, �- . 26 F* E E'T TO T k''E'S 0T H W EST C 0 R N E R' QFCE , NT9"J" OIAL SUBDIVISION, ACCOR(AG'TO THE MBE 12'0i� WAE-44T��U JR,3 !PLA'T- THEREOF REGtSTERED'FEBRUARY' _'6:., NCE'. NORTH 00 [EGR EES'00! MI NU-FES, 30' SECON NO EAST.ALONQ T HE- WEST'LIN E OF. -CENTENNIAL T �H ONE'OF'SAID.10T'l IN ;SOEID'IVISION ArORESAIO'234,66 FEE*T',t6 kPow 6NTHE'��Tr :PL4�-A,SULIDIVi'SION;*TI-IENC�,,NOO'TI:'9.,'b' ' 00�S '9"MINUT ONDS«`WEST ALONG' �6 _EG 3 a-111SUE C .�,�G NING�, .SA�O NORT�f LINE, BX 2,35 (RECORD132.,%) FEET TO -THE POINT PARCEL,3* 't40N-r_-)(CLUS1VE EASEME_NT- FOR THEttNtFJT,OF PARCEL ONE FOP INS T-AdATION, MAINTEN I ANC I e, � REP . AIR AND REPLACEM.ENT . Or-,ACL.. SUSSURFACS UNES'AND c6jITS FOR WATERMAINS, SA NI T�kR Y, SEWERLIN ES :,ST0W- SEWERS AND'RELATED ACCESSMY IFACILITIES, TO.�3ETHERVVITH ALL, SURFACE:STORM VVATER,'DETENTION ARE! STRUCTE0, .110 OR N*11:� `BUT kNOfLIMITEOtO,' �.ET'E'ItbW ND§'iE'X'ISt1hd -t6 �E �O AS-GRAwTm b - 16NS'AND,RESTRICTIONS AFF:ECTING,LAj4I)44.bA ",13Y'EASEMENTS WITH COVENANTS CON IT M U TF*OS�PE'tiPLAZALIMIT ''ItD PARtNERSHI1`�-! N ...A :SEPTEM81ER i6, 1990 BY AN"BETWEEN 0.4 I LLINOI S' LI MITED P . I ARTNERSO IP, AN D, . WAL­ MAT- S t�TQRES, INC,, A,DELAVVARE'C0P?PORA1 `RE -CORDED �IN THE OFFICE OF THE RECORD5R 017'DEEDS OF. COOK COUNTY' ILLINOIS:ON '500A, Ac, nr%r*i 11LAZMT-FdI IWAPP QnA7A077 OVPQ ArRnIRO, AK1r).1jKIf)FRjH04.;F.1. W.7%0 "W Wl�d%.fWWWF�­j V 1 77-` 7=_ ,PORTONS:0F THE FOLLOWING DESCRIBeD4WALWA,�RT PARCEL" AS 05F.04qWTHEREIN� j 0ES1GNATE-:D,,AS'UTILJTY EASEMENT AREA AS DESCRIBEDON-D(HI?IT "E" THERETO*. -'s t tHAT PART OF LOT. 1JEXCEPTING"THEREFROM1.40SE PARTS THEREOF.TAKENFOR THE Ot 40)"M ENT" oI=' *T RANsPoR''TATION B'^dbNt7EMNAllOt4°REGI�TER'ED AS'00CLIMENT NUMBER 32.016-16, ANO,-ALSO EXCEPTING'THEREFROM THAT PART TfIEREOF '6' F OR. TAK % D-3 1084 Mount Prospect Plaza, Mount Prospect, 249743.51.3 Order: 1028810-10 Page 26 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 CENTENNIAL SUBDIVISION PLAT - ;TERED AS DOCUMENT NUMBER 3202476) IN'PLBY REG0, A7 A UBDIVISION, G A SUBDIVISION OP PART OF THE SOUTHWEST QUARTER OF SECTION 35i r,hF�BEIN T THE THIRD PRINCIPAL MERIDIAN, ACCORDINGTO 'NOR"ri­l, RA.11GE 11, EAST OF OWNSHIP 4� PLAT THEREOF REGISTERED IN THE OFFICE OF THE" REGISTRAR.Off` TITLES OF COOK JUCY 1'9791'ASDQ 3104 . `78,. DESCRIBED'AS' COUNTY, ILL.1N0!S,,O, CUMENT NUM163ER FOLLOWS.' EE BEGINNING AT.THE UTH 29, DEGRS46 NO CORNER'OF S"AID LOT 1; THENCE 556 IV11NLJTES 10 SECONDS EAST ALONG THE SOUTHWEs-l-ERLY LINE OF SAID LOT 1, 13EING ALSO -K OF RAND 'ROAD 'AS DEDICATED BY DOCUMENT -OF-WAY LINE, THE NORTHEASTERLY RlGfiT NCORD.297-,66) FEET TO -A POINT'OF CURVATURE'. IJURFR110477ISTA 9, A GNCE'OF 296.41 1RE THENCE CONTINUINd SOUTHHEASTERLY ALONG SAID SOUTHWESTERLY LINE oN A .�',.,TANGENTIAL CURVE, CONCAVE TO,'THE NORTHEAST, HAVING k-RApius. OF .2..072..46 FEET, FOR 0A �'N ARC DISTANCE OF 730 FEET;'THENCE,NORTH 20 DEGREES-56 MINUTES*,31 SECONDS -EAST, � 645 26 FEET TO THE.SOUTHWEST COANER.017-CENTE14NIAL SUBDIVISION, ACCORDINGTO THE "I"PLAT.- THEREOF REGISTERED FESRUARY 11, 1981 AS, DOCUMENT NUM8.ER1202476:,T.HENCE N0,R-7Tk+00 DEGREES 00 MI NUTES'30 SECONDS, EAST ALONGTHE:,WEST LINE OF. CENTENNIAL 1Vt-S SUW fr. I N AFORESAID. 234.66-FEET10 A POINTON THE NORTH11NE 0F:SAiD,LOT'-1 IN PL. A2!X'sk1PPIV1S10N;, THENCE NORTH 89 UEGREES 39A41NUTES 13 SECONDS WET �ALONG SAID'N64T- 14�E' '832.35 tRECORD432,55') FEET TO THE POINT OFBEGINNING: property0ndexi 01 4�00,i 03-35-3D2-01 ".000i VvH,EREAS. the Petit'kvie 1) Conditional Use Permit for a Final P'0ed Unit Delvel6Dment. to construct two n&W' outi6gs, and, 2), Conditional, Use Permit,for a,06ye Throulgh'Es6b,fishment; ,�4� *,iation to, allow, Overall lot eighty-six ;:*went (86qloas WHEREAS" ♦kii pe'btl6rie'r sh, W on t�e' peiit,iorler)s Site foi.prbp'eqlocated at a n . mbultt.pros 't P-10-on, 990-1145 Plaza 940-950 East R6-id Rdad iind 1200-12261._:Asl` Central Road: and k4JW1:0r_A,Q pishiii- I4Aqir*nn wAr. IhAlll�i"rwqlit�.*g fir Crinditional Usi� Permits and 'Variation1— ­1 711" :designated as PZ-i,4-14, before the Plannihg ao-Zoffing Cpmrhission of the Village:of N16nt 0rospect - 614 2611, day 6f June 2014, pu'rsuant to &6' ind-,,p(6per n0ce thei eof t'' in published In the On I , owing be jf�Neiald Net�soa on the 11 !"day of June, EREA$i-thd,Planrting and Zoning, Commission has subM.At-,�,ea its findings and recomrne,ndaUans to the Ptesid&t and Board of Trustees in su'pporl 6ithe"' request beifr,��,g th -S-L,4�j�Ct Of PZ_ 14-14. and. WHEREAS. the President and Board of Trustees of the V41ao,.,.qt Mioudt Fl(ospj have given consideiation to ih6 requ6t, he�ein and have ,determined thatthe°. meets the standards of the -e;wo: 6in tl�e best Village and that the granting of the proposed Conditional Use permits Variabon Ltd interest of the Village. NOS, THEREFORE, 'BE IT ORDAINED BY THE PRESIDENT, AND BOARD ,,0,X,,,?TRU $TEES or THE GI" VILLAGE OF MOUNT PROSPECT, COOKPOUNTY�, ILLINOI S ACTING IN TRJ�ftiXRSEOr THE;R � HOME RULE POWERS. SE!gTION ONE:, That the recitals set forth her6nabove are incorporated! herein as findirf"" by the President and Board of Trustees of the Village pf Mount Prospect. SECTION TWO- The President and Board of Trustee�s of the Village of Mount Prospect grabt,;11),:-a Conditional Use peffnit for a Final Planned- Unit Develoome'ht fdr Iwo (2) new outlot buildings and, Conditional Use permit for a DHV'e Through Estabil . ishr ienl. asshown on the Site Plan, a copy of whilch, attar-ha,d and made a nan of as Exhibit "A," SECTION THREEt The President and Board of Trustees of the Village of Mount Pr6§0ect grant a variation to allow an overall lot coverage of eighty-six percent (66%) subject to compliance' with the following conditions: D-4 1084 Mount Prospect Plaza, Mount Prospect, IL 24974351.3 Order: 1028810-10 Page 27 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 I L01 FA 16TWO1 Feel �# � *�-, 1 k. Devetopry)ent of the site irl gen0al coofi:irmianbe ur ith the -,site plan prepared by Gewalt Hariiiltbh, Associates, Inc., dated A061 18k, 2014: 2, Development' of the outlot building in general Con.formance with the bullding pleivations prepared by Wah Yee Associates dated Ap0 10, 2014, Color schemes for buildings shall match those of existing buildings,, 1 Development of the site in genera( con lormance with the landscape plan prepared by 3DDesign studio, dated June 25. 2014. but revised to provide evergreen plant material along We'stq'ate Road and the drive -through; 4, Development of the site in general conformance with the photometric plan prepared by Gewalt Hamilton Associates, Inc,, dated April 118, 2014; 5. Submittal of fodure cut -sheets for exte6or lights that comply a�th Villag Co de' gp 6, Submittal ot final civil engineering, drawings for review and approval by the Vitlage. The ' enginee6qg drawing shall shall In tide all site work including utilities, storm water detention, and asswatea i mpiovernents; i0eyelopment" 01 the site 'in �ccordanc� with all appikable. Villane Codes- and requir6mems, 1QJling'but not limited to, .detention requireme�nts, Fire Prevention Cowregulations,`lighting s,, Sign Code regulatiJons*,, and building regulations: and 84 Issua**: , &"a b9ilding permit, in ardance With the current r6gulations. and requirements of the 'Tillage of MoiA' = Pros i4cf, must be *Issued within one Ma. k6m the date, of�adoptlon,of the enabling ord iha i, be , by the Villagi* Board which ,authorized the. developrlij�m proposal. Ttie development - - ap . "A' I - 'ta* bW herein, in, without; need for further iactio6'by,Jany,ViII6§e board, ptova s g n ere 'it h,'� � the commission oc offidal..,tkall 4�00me, null: and lvoid ff no Wilding permit Is Issued -w one (1) year r6qu'lire'ment and` Ir'novvemarts mple, led Within a period of e.19 hleen (18) months. P :SECD LN oval, I.Q.9—R, This Ordinance.,4,s��_,ifi be in tull *66 and effect from and after its passage, appr a nd ruolrcation In parnphlat'farm in t, mq#her provid6dby law. AYES, Hoefert, Korn, Matus;iak, Mall,,Zadel NAYS'. Rogers ABSENT: None PASSED and APPROVED this 151", day of July, 2014. UAW *3 `Ailene A. Jurice Mayor M. EtsaAngell Village Clerk H-CLKOkfilesWN\0RDlNANCkCon Use PUDvariaiontpzl4-14mtprospectplaza OR 1084 Mount Prospect Plaza, Mount Prospect, IL 24974351.3 Order: 1028810-10 Page 28 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 I Lo, FA voles Irmem �* � � CENTtNINK DRIVE 41Wam "^�• I , ; fill, ro,".2 #40 0*. 1 I. 4482 �M . INN 1 . wPf. , V 0 A Tg4 I tWq At 0.4jo MT 1� — W-W w IL 2 Wit :*AO *A -v IPA i; 101 , 41 0 !Pik o0v -12 11 +1 AI ^:R�a `:%. ��a:, hy,y.,., y.k "``"'�i2 ,F4 AMM Qy".`¢ q,s`^,��X9� t ,fir a,.. .. 10 0 i L'I qi 1 0 Tj S1, 71 A— JO* EAST CENTRAt ROAD 14 =.Wj J1 .............. ....... .................. ............... ...... 1084 Mount Prospect Plaza, Mount Prospect, IL 2497435 13 Order: 1028810-10 Page 29 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 Aw mm nfiwZWD VAM Im 1094 Mount Prospect Plaza, Mount Prospect, 11, 24974351.3 Order: 1028810-10 Page 30 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 2 W-'*Z;A0 6: A m RIM 'e 0 r- vu�z. '-,am.ma rm ur% N rA--t-,a m m, Ir,= -'. g"41 .R. h- klx^-F... ✓ w"irw'FMiMY � 11 11 1711", ' m 77 M W "Cly¢ A =C01 0=30-m IN- :!!? ' " *6 ;��U I IMIWZ64"Ar wom "A'S e wwwr 21 9 2 i E 6' ZZE X � _W74. � film =35 rM 77P 3�2 W',ramT . M=" lZlV ; we mr=t a 1� 12ilk -4 9 "T�Z' C7062 7, WS ...... it P " R�u 1084 Mount Prospect Plaza, Mount Prospect, 11. 24974351.3 Order: 1028810-10 Page 31 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 I LOTA 16TWO 1910019 1 on 9 1 PM ON $0 an FA r-ftxm-wm loop"" n-ft W-mr-w" -qwwN &.-4 1" F.-I. . I NYr ;5h **` A64�7'.X� U'Tf =744r-A F=7Z, LZA 01 �' 0#1 �- Mi Olt 07 6 � W 1 w:') U, 0+ GIL; 4G"v'I-G ru'L't ",� "Ma M4."=��M %a 'W"M I'M—" a"Pa P t ', n", "$8 G% � mine 6 Ova �*UFY�6 rx !. M!pv".Fr t TT i .41 nIr r=1I n- x"V 77 -77177 C '' 7v C= S- we, I Lml� 1084 Mount Prospect Plaza, Mount Prospect, IL 249743513 Order: 1028810-10 Page 32 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 I Exhibit E The PUD Modified Requirements --------- - 11 ...... ...... lot .=;Qw F1100 IN 4D rr 1084 Mount Prospcct Plaza, Mount Prospect, 11. 24974351.3 Order: 1028810-10 Page 33 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138 Exhibit F RMP Outparcel Restricted Uses The AMP Outparcel shall not be used or occupied for any of the following: (a) the display, sale or storage of seasonal merchandise (Christmas trees, pumpkins f1bWers etc.), and/or the temporary or periodic (ie., not permanent) display, sale or storage of th"'erch"andise (art work. novelties, clothinga. etc.): (b laundry or dry cleaning establishment, provided, the foregoing restriction shall not include "a"" """',tablishment for dry cleaning drop-off and pick-up only, with no cleaning services being per at the subject property- ( 4�` off., &, c) ck betting establishment- (d) a pool 6r.,-.billiard hall (unless operated as part of a large scale family recreation or entertainment facility), (e) a business sells. -,§CO holic beverages for on -premises consumption except for a a I restaurant with sit down tabletrvice as its primary operation in which the sale of alcoholic beverages does not exceed 50% rosy sales - Adult book store or any f of adult entertainment- (h) a video game parlor or amusement a,.r4-ade- (1) a business which would emit or produce no�.ib s fumes or gases or loud noises; an assembly or manufacturing operation; (k) an establishment selling or exhibiting pornographic r61"' *als- ,# eri (1) any bowling alley, skating rink, nightclub, discotheque or dah " hall; (m) a lot for the sale of used automobiles- (n) a mobile home park, trailer court, or labor camp or mobile home sales"`]'"` qf,(except 1*­' + + Ift p *ft et *-v r v e% ir + *" A + im + I r!k "e- A'a v *-v *ft r v p*-; e% A q LJIaL LILIb PIVVIbIUI1 -J11all IIVL PLVIIJUIL LIJU MIJUPVIaly UOk, VL V.,V11,)LIU�AIVIL ILIUMA3 UUL1116 anw, F_ IVUa of construction, reconstruction or maintenance); (a) a Second Hand More. "Second Hand Store" means a thrift store, surplus store, donation -based resale operation, or any facility selling goods that are not new; (p) a movie theater or cinema; fr 1084 Mount Ptospect Plaza, Mount Prospect, 11, 24974351.3 [a Order: 1028810-10 Doc:1719439138 Page 34 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM ILOrAFGTWOIV*1061�4 �� wwwam =I IMM (r) a church or other place of worship; (s) a distilling, refining, smelting, industrial, agricultural, drilling or mining operation- (t) a junk. yard, stock yard or animal raising operation, I a dump or disposal, or any operation for the incineration or reduction of garbage or .ny establishment which stocks, displays, sells, rents, or offers for sale or rent any (V) merchandise "d aterial commonly used or intended for the use with or in consumption of any 5., narcotic, din or other controlled substance, 96f6 including, without limitation, any hashish pipe,, waterpipe, bo'-ft"4" pe screens, rolling papers, rolling devices, coke spoons or roach clips; (w) flea marketV.�,,.".' fix) an operation principal use is a massage parlor and/or exotic dancing provided this shall not ssg"gFtges in connection with a beauty salon or health club or athletic facility-, (y) a pawn shop, (z) no flashing neon signs may be pfa! yin the window or on any buildings or no any poles located on the property; (aa) gasoline station; 4-` k ebb) a use or operation that is generally considered ew.,an environmental risk to any portion of the Premises or surrounding properties- � cc) an auto repair shop; (dd) a veterinary hospital or animal raising facility. 1084 Mount Prospect Plaza, Mount Prospect, II. 24974351-3 IM Order: 1028810-10 Doc:1719439138 Page 35 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM I LOTA 19183 Kilo's 9 1 ce m I ROM 19191 Exhibit G Building Sguare Feet Shopping Center 2279785 W 17 0algreens 72,8,, 30002 Less OUT -A -2,695 Less " U " - D -+1N VU Less OUT-F 0 Less OUT- G 0 Walgreens Share 0.248213234 CUQ - Af N ON AWIMM aft rim P" oft R PE C 0 mKpft II R V Y.,F uttus 0 C u Ago* NTY F owft vow amm K030 "'DErft 0. Ut:t'j 1084 Mount Prospect Plaza, Mount Prospcct, It, 24974351.3 Order: 1028810-10 Page 36 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM Doc:1719439138