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S-820 - 07/25/1995 - TRAFFIC - Ordinances ORDINANCE 95-TC-AG-ST-EX4-S-820 AN ORDINANCE RESPECTING TRAFFIC T7 STRUCTURE FOR TM PROPOSED PLAZA I AND PLAZA II DEVELOPMENT IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 5-2(n) ET SEQ. OF THE CODE OF ORDINANCES OF TSB VILLAGE OF OAR BROOK WHEREAS, on July 25, 1995, the Village of Oak Brook (the "Village") passed and approved certain zoning text amendments relating to building heights and floor area ratios in ORA-1 and ORA-2 districts known as Ordinance 95-ZO-TA-G- 557 , (the "ORA-1 and ORA-2 FAR and Height Text Amendments"); WHEREAS, the State of Illinois Municipal Code Section 65 ILCS 5/9-5-1 entitled "Reimbursement of Subdivider for Facilities, Roadways or Improvements Beneficial to Public" authorizes municipalities to (i) condition the issuance of building permits on the construction or installation of certain public infrastructure, including without limitation roadways, traffic signals and other related traffic improvements (hereinafter, "traffic infrastructure"); and (ii) contractually agree to reimburse a developer for a portion of the cost of said traffic infrastructure from fees charged to owners of property outside the property for which a building permit shall issue, so long as such outside property is reasonably expected to benefit from said traffic infrastructure; WHEREAS, the corporate authorities of the Village have deemed it desirable for the health, safety and welfare of the Village to conduct such traffic infrastructure planning in the event a developer of real estate located in the ORA-1 and ORA-2 zoning districts seeks to take advantage of the ORA-1 and ORA-2 FAR and Height Text Amendments and in order to implement the provisions of Section 65 ILCS 5/9-5-1 have adopted Ordinance No. 95-BI-BP-G- 559 (the "Enabling Ordinance") ; WHEREAS, the Enabling Ordinance provides that no building permit shall issue in an ORA-1 or ORA-2 zoning district with respect to a development which utilizes, intends to utilize or is reasonably expected to utilize the increases in Floor Area Ratio and/or height provided by the ORA-1 and ORA-2 FAR and Height Text Amendments until and unless an application is filed describing the proposed development, its impact on the neighboring street system and whatever traffic infrastructure may be required to accommodate traffic generation specifically and uniquely attributable to the proposed development; WHEREAS, the Enabling Ordinance further provides that, if such an application is filed, the Village Board shall (A) determine whether the proposed development requires the installation of traffic infrastructure in order to accommodate traffic generation specifically and uniquely attributable to the applicant's property, and, if so, how the installation of said traffic Ordinance 95-TC-AG-ST-EX4-x-820 Traffic Infrastructure, Plazas I & II Page 2 infrastructure should be staged; (B) determine whether either the construction of such traffic infrastructure, or the applicant's entry into an agreement with the Village respecting the construction of such traffic infrastructure, should be a condition precedent to issuing a building permit which seeks to utilize the increases in Floor Area Ratio and/or height provided by the ORA-1 and ORA-2 FAR and Height Text Amendments; and, (C) at the request of the applicant, determine whether the installation of such traffic infrastructure will benefit properties either located outside developer's application under the Enabling Ordinance or located on a lot other than the lot for which the developer intends to file its initial building permit application seeking to take advantage of the increases in Floor Area Ratio and/or height provided by the ORA-1 and ORA=2 FAR and Height Text Amendments; WHEREAS, the provisions of the Enabling Ordinance are codified in Section 5-2(n) et seq. of the Code of Ordinances of the Village of Oak Brock; and WHEREAS, McDonald's Corporation (the "Applicant") is planning to develop additional buildings on two parcels of real property located on separate lots, situated in the Village, which real property is legally described in Exhibit A attached hereto and incorporated herein by reference (hereinafter sometimes referred to collectively as the "Subject Property" and sometimes referred to individually as "Plaza I" and "Plaza II"); WHEREAS, the conceptual, preliminary site plan attached hereto as Exhibit B (the "Site Plan") shows the approximate size and location of the Applicant's proposed improvements; WHEREAS, the proposed development is intended to take advantage of the ORA-1 and ORA-2 FAR and Height Text Amendments; WHEREAS, the Applicant has filed an application pursuant to the Enabling Ordinance (Section 5-2(n) et sea. of the Code of Ordinances of the Village of Oak Brook and the Village has considered the information necessary to make the determinations described in Section 5-2(n) (B) ; NOW, THEREFORE, BE IT ORDAIN✓'D BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: Section 1: The provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: The Village Board has determined, pursuant to Section 5- 2(o) (A) of the Code of Ordinances of the Village of Oak Brook, that the proposed development shown on the Site Plan requires the installation of the traffic infrastructure described on Exhibit C, attached hereto and made a part hereof (the "Traffic Infrastructure Menu"), in order to accommodate traffic generation specifically and uniquely attributable to the Applicant's property, with said infrastructure to be implemented as set forth on said Traffic Ordinance 95-TC-AG-ST-EX4-S-820 Traffic Infrastructure, Plazas I & II Page 3 Infrastructure Menu, as the same may be modified by means of the agreement between the Developer and the Village described below; Section 3: The Village Board has further determined, pursuant to Section 5-2(o) (B) of the Code of Ordinances of the Village of Oak Brook, that because the application concerns a large project on multiple lots to be constructed in phases over time, the Applicant shall, in lieu of the potential requirement set forth in Section 5-2(o) (A) of the Code of Ordinances of the Village of Oak Brook, be required pursuant to Section 5-2(o) (B) of the Code of Ordinances of the Village of Oak Brook to enter into a written agreement with the Village in the form attached hereto as Exhibit D and made a part hereof (the "Traffic Infrastructure Agreement") prior to the issuance of a building. permit which takes advantage of the incremental increases in Floor Area Ratios and/or height provided by Section 5-2(n) (and only such building permits) in order to assure that the traffic infrastructure described above will be in place prior to occupancy of the proposed development or a given phase thereof. Section 4: The Village Board has further determined, in response to Applicant's request for a determination pursuant to Section 5-2(n) (B) (3) of the Code of Ordinances of the Village of Oak Brook, that traffic infrastructure attributable to Plaza I on the Traffic Infrastructure Menu (where Applicant intends to initially seek building permit approval for construction which takes advantage of the incremental increases in FAR and height provided in Section 5-2(n) will benefit Plaza II, and that the traffic infrastructure attributable to Plaza II on the Traffic Infrastructure Menu will inure to the benefit of Plaza I, with the result that the Village has agreed to impose certain mutual reimbursement obligations upon Plaza I and Plaza II as set forth in the Traffic Infrastructure Agreement. Section 5: The Village President and Village Clerk are hereby authorized to execute and deliver the Traffic Infrastructure Agreement which shall be recorded against the Subject Property, as well as all documents necessary or desirable to implement the same in accordance with its terms. Section 6: That this Ordinance shall be in full force and effect from and after passage and approval by publication as provided by law. PASSED THIS 25th day of July , 1995. Ayes: Trustees Bartecki, Kenny, McInerney, Payovich, Savino and Shumate Nays: None Absent: None Abstain: None APPROVED THIS 25th day of July 1995. r ordinance 95-TC-AG-ST-EX4-S-820 .Traffic Infrastructure, Plazas I & II Page 4 V llage President ATTEST-. Village Cler Approved as to Fo wz��' a Village Attorney Published 7-26-95 Pamphlet fo= Date Paper Not Published mcplaza.ord J 1 Ordinance 95-TC-AG-ST-EX4-S-820- Traf f 1c,Infrastructure, Plazas I '& II Page 5 EXHIBITS Exhibit A - Legal Description of Plaza I and Plaza II Exhibit B - Site Plan of Plaza I and Plaza II Exhibit C - Traffic Infrastructure Menu Exhibit D - Traffic Infrastructure Agreement Legal Description of Plaza I Lot 4 in Oak Brook Development Company's Commerce Plaza Subdivision Unit One, being a Subdivision of Lot 2 and all of Lot 3 in Oak Brook Investment Company Assessment Plat No. 4 and part of Lot 1 and all of Lot 3 in Butler Company - M-1 Inc_ Assessment Plat No_ 1, all in the Southeast Quarter of Section 23, Township 39 North, Range 11, East of Third Principal Meridian, according to the Plat thereof recorded July 12, 1968 as Document R69-30335 in DuPage county, Illinois. Also known as Permanent Index Numbers 06-23-407-006 and 06-23- 407-007 Legal Description of Plaza II Lot 1 of Oak Brook Investment Company Assessment Plat No. 1, in the Southeast Quarter of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, according to the Plat thereof recorded December 9, 1963 as Document No. R63-44915 in DuPage County, Illinois, and Lot 4 in the Southeast Quarter of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, according to the Plat thereof recorded July 8, 1964 as Document No. R64-24072, in DuPage County, Illinois. Also Lot 1 in Oak Brook Investment Company Assessment Plat No. 2 in the Southeast Quarter of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, according to the Plat thereof recorded December 9 , 1963 as Document No. R63-44916 in DuPage County, Illinois_ Also Lot 1 in Oak Brook Development Company's Commerce Plaza Subdivision Unit 4 in the Southeast Quarter of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, according to the Plat thereof recorded as Document R72-11264 in DuPage County, Illinois. Also known as Permanent Index Numbers 06-23-406-006, 06-23-406- 008, 06-23-406-009, 06-23-406-010) . uu fr_w.w DAn ' 1- �r •- -/ , I ----_- .�} �� I I,j -------------- .: M 11 OIM 11.Yh1 I ;;.,;•�: \t14-.--,_ycf,(-II jy���4-i'�`�:�'i���V��' ' [ ���lCTtT!`ti�� .,'tt � .., 1 . 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U •�,1;:,:• r...«.»'.a :,;.i`:' � � • OL0�L 1}1 s—Do s v A — A ---PERMISSiI3LF, BUIT.DING AREAS NOTE: ROOFTOP PARKING LEVELS 13 --- PERMISSIBIJ, T.,RI I:—STANDING PARKING STI:UC('URE, AREAS OF PARKINGSTRUCI'URES WILLCONTAIN A MINIMUM Exhibit a Or s4°PARAPrr nr:IGnT. POTENTIAL. RIGI IT-OP-WAY EXPANSION AREAS PER TRAFFIC INFRASTRUCTURE AGREEMENT PROPOSED INFRASTRUCTURE IMPROVEMENT MENU NORTH CAMPUS IMPROVEMENT BY INTERSECTION PROPOSED BUILDING 22ND STREET @ SPRING RD/ 22ND ST.@ McDONALD DR. COMMERCE DR.@ SPRING ROAD @ IMPROVEMENT TOLLWAY RAMP McDONALD DR. COMMERCE DRIVE PLAZA IA 1192,000 SO.FT.) No Improvement No Improvement No Improvement No Improvement PLAZA IIA If 85,000 SO.FT.) No Improvement No Improvement No Improvement No Improvement PLAZA IA&PLAZA IIA Extend the westbound dual left turn lanes:Create Eliminate eastbound left turn movement Re-construct McDonald Drive from (together @ 192,000 sq.It.& separate northbound dual left turn lanes,a separate and left turn lane on 22nd Street; Commerce Drive south to 22nd Street to 185,000 sq.(t.,respectively) through lane and a shared through/right turn lane on Construct a separate westbound right include a continuous 48 loot cross section. the south leg(Tollway ramp);Creole separate turn lane on 22nd Street;North leg of The south leg of McDonald Drive @ No Improvement southbound dual left turn lanes,two separate McDonald Drive should be striped as Commerce Drive should include two southbound through lanes and a separate southbound two southbound left turn lanes and a southbound lanes and two northbound right turn lane on the north leg of Spring Road separate througlihighl turn Inno, lanes,striped as a separate left turn Iona and separate right turn Isne. PLAZA II(501,811 SO.FT.) Extend the wastbnund dual let,torn lanes:Create Eliminate eastbmmd loft tam movement ne-construct McDonald Drive from Modify east leg of intersection to separate northbound dual left nun lanes,a separate and left turn lane on 22nd Street; Commerce Drive south 10 22nd Street to include separate westbound dual through lane and a shared through/right turn lane on Construct a separate westbound right include a continuous 40 foot cross section, left turn lanes and a separate the south leg ITollway ramp):Create saparala turn lane on 22nd Street;North leg of The south leg of McDonald Drive @ through/right turn lane. Add a southbound dual left turn lanes,two separate McDonald Drive should be striped as Commerce Drive should include two second through lane to Commerce southbound Through lanes and a separate southbound two southbound tell turn lanes and a souil,bound lanes and two northbound Drive between Spring Road and right turn lane an the north leg,ol Spring Road separate through/right turn lane. lanes,striped as a separate left turn Iona McDonald Drive. and separate right turn lane. Signalize the intersection. PLAZA lA 1192.000 SO.FT.) Extend the westbound dual left turn lanes;Create Eliminate eastbound left turn movement Re-construct McDonald Drive from Modify east leg of Intersection to PLAZA 11(501,811 SO.FT.) separate northbound dual left turn lanes,a separate and felt turn lane on 22nd Street: Commerce Drive south to 22nd Street to include separate westbound dual through lane and a shared through/right turn lane on Construct a separate westbound right include a continuous 48 loot cross section, left turn lanes and a separate the south leg ITollway rampl:Create separate turn lane on 22nd Street;North leg of The south leg of McDonald Drive @ through/right turn lane. Add a southbound dual left turn lanes,two separate McDonald Drive should be striped es Commerce Drive should include two second through lane to Commerce southbound through lanes and a separate southbound two southbound left turn lanes and a southbound lanes and two northbound Drive between Spring Rood and tight turn lane on the north leg of Spring Road separate throughlright turn lane. lanes,striped as a separate left turn lane McDonald Drive. and separate right turn lane. Signalize the intersection. 8/8/95 rxhibit C AGREEMENT FOR TRAFFIC INFRASTRUCTURE PLAZA I AND PLAZA I I This Agreement,is made this 7th day of August ,1995,by and among the Village of Oak Brook, an Illinois municipal corporation, (the "Village") and McDonald's Corporation, a Delaware corporation, ("McDonald's"or"Developer"). WITNESSETH: WHEREAS, on July 25, 1995, the corporate authorities of the Village passed and approved certain zoning text amendments relating to building heights and floor area ratios in ORA-1 and ORA-2 districts known as Ordinance 95-ZO-TA-G- 557 ,(the "ORA-1 and ORA-2 FAR and Height Text Amendments"); WHEREAS, the State of Illinois Municipal Code Section 65 ILCS 5/9-5-1 entitled "Reimbursement of Subdivider for Facilities, Roadways or Improvements Beneficial to Public" authorizes municipalities to (i) condition the issuance of building permits on the construction or installation of certain public infrastructure, including without limitation roadways,traffic signals and other related traffic improvements (hereinafter, "traffic infrastructure"); and (ii) contractually agree to reimburse a developer for a portion of the cost of said traffic infrastructure from fees charged to owners of property outside the property for which a building permit shall issue, so long as such outside property is reasonably expected to benefit from said traffic infrastructure; WHEREAS,the corporate authorities of the Village have deemed it desirable for the health, safety and welfare of the Village to conduct such traffic infrastructure planning in the event a developer of real estate located in the ORA-1 and ORA 2 zoning districts seeks to take advantage -1- El-iIBIT D . I r of the OR/A1 and ORA-2 FAR and Height Text Amendments and in order to Implement the provisions of Section 65 ILCS 5/9-5-1 have adopted Ordinance 95-8I-BP-G- 559 (the "Enabling Ordinance")which is codified in Section 5-2(n)rA se°• of the Code of Ordinances of the Village of Oak Brook; and WHEREAS, the Enabling Ordinance provides that no building permit shall be issued in an ORA-1 or ORA-2 zoning district with respect to a development which utilizes, intends to utilize or is reasonably expected to utilize the increases in Floor Area Ratio and height provided by the ORA-1 and ORA-2 Text Amendments until and unless an application is filed describing the proposed development, its impact on the neighboring street system and whatever traffic infrastructure may be required to accommodate traffic generation specifically and uniquely attributable to the proposed development; WHEREAS,the Enabling Ordinance further provides that, if such an application is filed, the Village Board shall (A) determine whether the proposed development requires the installation of traffic infrastructure in order to accommodate traffic generation specifically and uniquely attributable to the developer's property, and, if so, how the installation of said traffic infrastructure should be staged; (B) determine whether either the construction of such traffic infrastructure, or the developer's entry into an agreement with the Village respecting the construction of such traffic infrastructure, should be a condition precedent to issuing a building permit which seeks to utilize the increases in Floor Area Ratio and height provided by the ORA-1 and ORA 2 FAR and Height Text Amendments; and (C) at the request of the developer, determine whether the installation of such traffic infrastructure will benefit properties either located outside developer's application under this ordinance or located on a lot other than the lot for which the developer intends to file its initial -2- building permit application seeking to take advantage of the increases in Floor Area Ratio and Height provided by the ORA-1 and ORA-2 FAR and Height Text Amendments; WHEREAS, McDonald's ("the Developer")plans to develop certain real property located in the ORA 2 zoning district on a separate lot legally described in Exhibit A attached hereto and incorporated herein by reference(hereinafter referred to as"Plaza 1") by constructing an additional free-standing office building of approximately 200,000sq.ft.and accessory decked parking garages with accessory uses, in substantial conformity with the "Plaza I" portion of the site plan attached hereto as Exhibit B and made part hereof(the "Site Plan");and WHEREAS, Developer plans to develop additional real property located in the ORA-2 zoning district on a separate lot located west of Plaza I and due west of McDonald's Drive, which real property is legally described in Exhibit C attached hereto and made part hereof("Plaza II"),with said development on Plaza II to consist of several free-standing office buildings containing a maximum of approximately 501,811 sq.ft. of floor area and accessory decked parking garages with accessory uses,in substantial conformity with the"Plaza II"portion of the Site Plan attached hereto as Exhibit B. Developer presently intends to apply for a building permit which takes advantage of the ORA-1 and ORA-2 FAR and Height Text Amendments for Plaza I prior to filing for a building permit application with respect to Plaza II; and WHEREAS, the proposed deve!opment of both Plaza I and Plaza II, in substantial conformity with the Site Plan, indicate that development on each lot will utilize the additional Floor Area Ratio and height provided in ORA-2 zoning districts by the ORA 1 and ORA 2 FAR and Height Text Amendments; -3- WHEREAS,in connection with its proposed development of Plaza I and Plaza II, Developer has filed an application pursuant to the Enabling Ordinance and the Village Board has considered the information necessary to make the determinations described in the Enabling Ordinance;and WHEREAS, in response to Developer's aforesaid application,the corporate authorities of the Village have adopted Ordinance 95-TC-AG-ST-EX4-S-820 (the "Development Ordinance") which jo-tar aalia(i) requires construction of certain traffic infrastructure attributableto various aspects of the proposed development of Plaza I and II on the terms and conditions set forth herein; (ii) determines that the execution of this Agreement between the Village and Developer satisfies the terms and conditions of Section 5-2(o)(B) of the Code of Ordinances of the Village of Oak Brook;(iii) determines that traffic infrastructure attributable to the development of Plaza I will benefit Plaza II, and vice versa, and authorizes a cost-sharing plan between Plaza I and Plaza II on the terms and conditions set forth herein; and (iv) authorizes the execution and delivery of this Agreement by and between the Village and Developer; NOW THEREFORE, in consideration of the covenants and agreements herein contained, the receipt of sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Recitals. The provisions set forth in the preamble hereinabove set forth are hereby adopted as though fully set forth herein. II. Menu of Required Traffic Infrastructure. The table set forth in Exhibit D describes, in the left column, various proposed building improvements for Plaza I and Plaza II described on the Site Plan. The right columns describe traffic infrastructure which must be in place prior to occupancy of the corresponding improvement of a stated magnitude(in terms of floor area)in the left-hand column. Nothing contained herein should -4- be construed to require Developer to construct the improvements described in the left-hand column in a particular sequence or pursuant to a particular schedule. Nothing contained herein should be construed to require the Village to construct the traffic infrastructure. Developer agrees that each traffic improvement in the right-hand columns must be constructed by either Developer or third parties and in service by the time Developer seeks to occupy the corresponding building in the left- hand column. The Village of Oak Brook and Developer acknowledge that it is possible that either a governmental unit or third party might of their own volition due to their own time constraints and needs cause a traffic infrastructure improvement in the right columns to be constructed prior to Developer's construction of such infrastructure or causing said infrastructure to be constructed. Developer,however,would be willing undersuch circumstances to enter negotiations in good faith with the Village and such third party to pay, pursuant to 65 ILCS 5/9-5-1, Developer's fair share of the cost of the traffic infrastructure or relevant portion of the traffic infrastructure which is specifically and uniquely attributable to the Developer's development of Plaza I and Plaza 11, respectively, at the time Developer proceeds to occupancy of a corresponding building which takes advantage of the ORA-1 and ORA-2 FAR and Height Text Amendments. The Village agrees to provide Developer with timely written notice of any applications by third parties under the Enabling Ordinance to take advantage of the ORA-land ORA-2 FAR and Height Text Amendments. In such negotiations,nothing contained in either the Development Ordinance or in the table attached hereto as Exhibit D shall be deemed determinative as to how much of the traffic infrastructure capacity described in the table set forth as Exhibit D is specifically and uniquely attributable to Developer. Any such agreement arising out of said negotiations shall provide Developer with a fair and reasonable credit for that portion of the fair market value of real property dedicated by the -5- Developer for roadway infrastructure to the extent the dedication is not specifically and uniquely attributable to Developer's development of Plaza I and Plaza 11. The Village agrees that it will cause other property owners who seek to take advantage of the ORA-1 and/or ORA-2 FAR and/or Height Text Amendments pursuant to Section 5-2(n)et ae-Q:. to make similar commitments to construct or cause to be constructed traffic infrastructure accommodating the traffic specifically and uniquely attributable to their development prior to building occupancy and/or participate with the Village and other property owners, such as Developer, in paying their fair share of the cost of traffic infrastructure or relevant portions thereof which is specifically and uniquely attributable to their development. Any such agreement involving Developer shall provide Developer with a fair and reasonable credit for that portion of the fair market value of real property dedicated by the Developer for roadway infrastructure to the extent the dedication is not specifically and uniquely attributable to Developer's development of Plaza I and Plaza II. Notwithstanding anything contained herein to the contrary, in the event any portion of the traffic infrastructure described above in the right-hand columns is not completed at the time Developer seeks occupancy of the same, the corresponding improvement in the left-hand column may still be occupied and the Village shall issue a certificate of occupancy for the same, provided and on the condition that the Developer has submitted and the Village has approved a traffic management program which reasonably mitigates the impact of such occupancy during peak traffic periods. In the event the Village Board of Trustees fails to either approve or disapprove said traffic management program within sixty (60) days of Developer's written request.delivered to the Village President in writing accompanied by the proposed traffic mitigation program and by a traffic study -6- of the impact of the traffic management program upon the relevant area, said approval shall be deemed given. The parties agree that such a traffic management program will not require review or be reviewed by advisory bodies such as the Plan Commission or Zoning Board of Appeals. III. Engin _ .ring=Standards and Permit Procedures. The Village and Developer agree that the traffic infrastructure described above in Section 11 shall be reasonably engineered to accommodate traffic specifically and uniquely attributable to the development shown on the Site Plan. The Village's approval of permit applications to construct such infrastructure shall not be unreasonably withheld or delayed. The Village further agrees to sponsor the application for and facilitate receipt of permits and approvals related to the construction and installation of the traffic infrastructure described in Section 11 with other governmental entities, such as the Illinois State Toll Highway Authority,who have jurisdiction and permitting authority over the pertinent roadways, and to exercise its power of eminent domain to acquire any additional real estate for municipal street system right-of-way and/or construction easements reasonably required to accommodate said traffic infrastructure described in Section II, provided that this obligation shall not be construed to require the Village to be the ultimate funding source for the cost of constructing such infrastructure or acquiring said real estate by means of eminent domain. The Village and Developer agree to reasonably consider alternative traffic infrastructure which may be proposed from time to time by either party as either a substitute for the traffic infrastructure described above in Section 11, or as an alternative means for accommodating traffic for buildings whose cumulative area is smaller than that set forth in the left-hand column of the table set forth on Exhibit D, or as part of additional traffic infrastructure intended to accommodate additional traffic generated by other property owners, although both the Village and Developer -7- acknowledge and agree that any alternatives proposed by either party must be equally effective in managing traffic specifically and uniquely attributable to Plaza I and Plaza II, respectively,that the financial obligation of the Developer shall not be increased on account of such alternatives beyond what is necessary to provide traffic infrastructure which accommodates traffic specifically and uniquely attributable to Plaza I and Plaza II, and that any such alternatives shall not delay issuance of Developer's occupancy permits or right of occupancy for Developer's proposed development of either Plaza I or Plaza 11. The Village expressly acknowledges that the Developer is not responsible for increased traffic from or added burdens on traffic infrastructure caused by or generated from sources other than Plaza I and Plaza 11. The Village agrees it will not seek additional obligations from the Developer with respect to traffic infrastructure and expressly releases the Developer from any obligation to construct or to financially contribute to the construction of traffic improvements above and beyond those set forth herein, except as may be agreed between Developer and the Village pursuant to this Section III. IV. Site Plan Modifications. The Site Plan shows the maximum size and approximate location of proposed buildings, parking garages, surface parking areas, curb cuts, and internal driveways; it further indicates Developer's agreement that any rooftop parking garage parking which is open to the sky shall be screened by a parapet wall of at least 54 inches in height. By means of this Agreement,the Village acknowledges its approval of said Site Plan. Developer acknowledges the Village's interest in reviewing and either approving or disapproving modifications to the Site Plan insofar as such modifications could effect traffic generation and traffic circulation. In the event Developer intends to construct either Plaza I or Plaza II in a mannerwhich is substantially inconsistent with the Plaza I -8- or Plaza II portion of the Site Plan, as the case maybe,the consent of the Village Board of Trustees (approved by resolution) shall be required,which approval shall not be unreasonably withheld or unduly delayed beyond sixty (60) days. In the event the Village Board of Trustees fails to either approve or disapprove said modifications within sixty (60) days of Developer's request delivered to the Village President in writing accompanied by the proposed modified Site Plan,said approval shall be deemed given. The parties expressly agree that notwithstanding anything contained herein to the contrary, Village approval of Site Plan modifications shall be required only in the foregoing instances, and that where Village approval is required, such modifications will not require review or be reviewed by advisory bodies such as the Plan Commission or Zoning Board of Appeals. The Village President and Village Clerk are hereby authorized and directed to execute and record any documents necessary or desirable to amend existing easements of record previously granted to the Village in a manner reasonably appropriate to accommodate development pursuant to the Site Plan, as the same may be revised pursuant to this Section IV. Neither the Site Plan nor the provisions set forth in this Section IV or in Section II, above, shall apply to interim uses of Plaza I and Plaza II or to building permit applications which do not take advantage of the increases in FAR or height provided by the ORA-1 and ORA-2 FAR and Height Text Amendments which precede development of Plaza I or Plaza II in accordance with the Site Plan. V. Reimbursement. It is acknowledged and agreed that both Plaza I and Plaza II are reasonably expected to benefit from the traffic infrastructure described in Section II, above. In the event the ownership or control of Plaza I and Plaza II are separated,and the owner of one of these sites has advanced the -9- funds necessary to construct traffic infrastructure and the Village is notified of the same by means of written notice delivered to its President by the owner(or successor owner)who-so advanced said funds, the Village shall collect fees equal to each successor's respective percentage of the cost of providing the relevant portion of the traffic infrastructure described in Exhibit E at the time of connection to and use of the traffic infrastructure by the other owner of Plaza I or Plaza II respecting improvements located on the relevant parcel which take advantage of the increases in Floor Area Ratio and Height provided by the ORA-1 and ORA-2 FAR and Height Text Amendments, unless said percentage of the cost has already been paid, plus interest calculated from and after the date of completion and acceptance of the traffic infrastructure at the rate of two percent(2%) above the prime rate (corporate base rate) of interest publicly announced from time to time by The First National Bank of Chicago or its successor corporation. Nothing contained herein shall preclude Developer for applying to the Village for a determination at a later time, pursuant to the Enabling Ordinance,that other outside properties in addition to Plaza I and II should contribute a portion of the cost of the traffic infrastructure described above in Section 11 because said properties are reasonably expected to benefit from said tralffic infrastructure, in which case the Village and Developer may agree to adjust the Plaza I and II proportions set forth in Exhibit E. Any such adjustment shall provide Developer with a fair and reasonable credit for that portion of the fair market value of real property dedicated by the Developer for roadway infrastructure to the extent the dedication is not specifically and uniquely attributable to Developer's development of Plaza I and Plaza 11. -10- VI. Miscellaneous, This Agreement shall be recorded against Developer's interest in Plaza.1 and Plaza H. All provisions of this Agreement, including the benefits and burdens, are hereby declared to run with the land and are binding upon and inure to the benefit of the successors and assigns of Developer. Developer shall be entitled to rely upon the Village's continuing compliance with the terms and conditions of this Agreement in connection with its corporate headquarters strategy, space planning and architectural and engineering preparations and the Village shall be entitled to rely on the Developer's continuing compliance with the terms and conditions of this Agreement, provided Developershall be entitled to assign its rights and obligations to its successors in interest to Plaza I and/or Plaza 11, as the case may be.. The term "Developer"as used herein is intended to refer to the title holder or holders from time to time of Plaza I and Plaza II or portions thereof. In the event of any transfer or transfers of the title thereto, McDonald's (and in case of any subsequent transfers of conveyances, the former Developer) shall be automatically freed and relieved, from and after the date of such transfer or conveyance, of all personal liability as respects the performance of any covenants or obligations on the part of Developer contained in this instrument thereafter to be performed by Developer. Notwithstanding anything contained herein to the contrary,the Developermay terminate this Agreement with respect to either Plaza I or Plaza 11, or both, in the event that prior to the construction of a building which takes advantage of the additional FAR and height provided under the ORA-1 and ORA-2 Text Amendments all parties who own or control Plaza I and Plaza 11 execute and deliver to the Village a recordable covenant running with the land stating that the owners of Plaza I and Plaza 11 covenant and agree that they will not apply for building permits which -11- seek to take advantage of the increases in ORA-2 FAR and height provided by the ORA-1 and ORA-2 FAR and Height Text Amendments, provided, however, that notwithstanding such termination, the provisions of Section IV, above, regarding Site Plan modifications shall continue, unmodified,in full force and effect, and the aforesaid recorded covenant running with the land shall so state. IN WITNESS WHEREOF, the Village has caused this Agreement to be executed by its President and attested by its Clerk and McDonald's has executed by its President and attested by its Secretary, all as of the date first above written. VILLAGE OF OAK BROOK, an Illinois Municipal Corporation By: ATTEST: Village Cie , �Q MCDONALD'S CORPORATION,A Delaware Corporation ATTEST: MICHAEL J. SE ASSISTANT VICE PR IDE!N ri: y;•4 4v- `�Jj�-fit Assistao/f S4cretary = V�11 -12- EXHIBITS Exhibit A-- Legal Description of Plaza I Exhibit B -- Site Plan(defining Plaza I and Plaza II boundaries and showing conceptual site plan for development) Exhibit C— Legal Description of Plaza 11 Exhibit D — Menu of Required Traffic Infrastructure Exhibit E -- Plaza I and Plaza II Reimbursement Proportions -13- McDonald's (ACKNOWLEDGMENT) STATE OF ILLINOIS SS: COUNTY OF DuPAGE I,Karen Marie Billman, a Notary Public in and for the county and state aforesaid,DO HEREBY CERTIFY that Michael J.Sise,Assistant Vice President and Joseph R.Thomas,Assistant Secretary,of McDonald's Corporation,a Delaware corporation,who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Michael J. Sise and Joseph R.Thomas, respectively, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act as such Assistant Vice President and Assistant Secretary , respectively, as the free and voluntary act of said corporation for the uses and purposes therein set forth. Given under my hand and notarial seal,this day of August 31, 1995. Ailw) 1—*,zy Notary Public My commission expires: OFFICIAL SEAL KAREN MARIE BILLMAN NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES:0B/19/99 STATE OF ILLINOIS ) COUNTY OF COOK ) I, the undersigned,a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY, that the above named President and Secretary of the MCDONALD'S CORPORATION,personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Secretary respectively,appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said Company for the uses and purposes therein set forth; and the said Secretary then and there acknowledged that said Secretary,as custodian of the corporate seal of said Company,caused the corporate seal of said Company to be affixed to said instrument as said Secretary's own free and voluntary act and as the free and voluntary act of said Company,for the uses and purposes herein set forth. GIVEN under my hand and Notarial Seal,this day of ,1995. Notary Public Commission Expires: STATE OF ILLINOIS ) COUNTY OF DUPAGE ) I, the undersigned,a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY, that the above named Karen M. Bushy and Kathleen McShane of the Village of Oak Brook, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Village President and Deputy Village Clerk, respectively, appeared before me this day in person and acknowledged that they signed and accepted the said instrument as their own free and voluntary act and as the free and voluntary act of said Municipality, for the uses and purposes therein set forth; and the said Deputy Village Clerk then and there acknowledged that said Deputy Village Clerk, as custodian of the seal of said Municipality,caused the corporate seal of said Municipality to be affixed to said instrument as said Deputy Village Clerk's own free and voluntary act and as the free and voluntary act of said Municipality,for the uses and purposes herein set forth. GIVEN under my hand and Notarial Seal,this -G"' day of ,1995. Notary blic Commission Expires: RM SEAL "kiMIDT OF ILLINOISES 5/11/96 Exhibit A Legal Description of Plaza I Lot 4 in Oak Brook Development Company's Commerce Plaza Subdivision Unit Ore, being a Subdivision of Lot 2 and all of Lot 3 in Oak Brook Investment Company Assessment Plat No. 4 and part of Lot 1 and all of Lot 3 in Butler Company - M-1 Inc. Assessment Plat No. 1, all in the Southeast Quarter of Section 23, Township 39 North, Range 11, East of Third Principal Meridian, according to the Plat thereof recorded July 12, 1968 as Document R69-30335 in DuPage County, Illinois. Also known as Permanent Index Nu.;.rers 06-23-407-006 and 06-23-407-007 • I 1 U U Ij I uu � = A _ _ f _� -yam- � r/ .{•-.. .�. -r(�;jp•�-{-���— II 4 -ad• -✓-• ./' I� --- - - -4j 3._:-_ -- -' --��=r-� - -':> OK.M.i4•y I' p { � �.. •I 1 \b�-�•'C^1 yeti Qlv� F / ?^�i:S=s+�''"'�• • r • ••...1 • • ,• . 1.4.•.4 t'>�'_^_ j. 1■ RAJ>���`.i ♦':-�`�'�... • [ �,. T. 1+n �' WIN r 1:4...1 •� ' �• ' ��—�—��""' � � _,�'-''� •'�• _� -�+=' �'• � � - �'I�I•lil!IIIII�IIII�llllll' I w' II(IIiIIII)IIIIjII(I1(Ii(II 14...Lf 1...1r^M+ >/ �—•'11, •I(I I iI I f I I I I I I ' �t' �'h y'E`'' ' `.Y,.i�.} — ( �;�"•' I I .I c u+w.�c•.••rt.d � .I I I I I a� .y.-S{" }y ��� I � —__._i r 1 �! �.I I HIM '• I I I '�� �' I•I r � �.���;,� . j :�,���• (I I I I I I I(I I( �I Itl•71,4: >` � � r� � - , •r 't'i l l l l l l l l l l l l l l l�•I•I I•I I I I r,•.•.I,....n... . ••M ��i�':^i�'::`'Ilii`Ilii!illl• � ���� `•� i' �'� �� ��'i't!�r �� -� ��i�`I`iil�ljiiiilliiillillli�lll�lll'I• �' "'�''`��"°.1 IIIIIIIIIIIII►IIIIIIIIIII Il.u(+1. a1 ,,»,C,,,,a:. �� �� � �F•".-Wit:. � r 1 C � ` � •li'I I I I I I I I I I I I I!I I I I I I I I I I I•I I�I: It...1,4mr 'i: i. =,�' Z;-1�• _ i _ �� �i„ '� t,'}4-"' �• ,1 ^.S .1�`.; :\ 1_i:(• Iril Iliiliilii °- ��',`; '�� ! < ". � > �� illillii�il!ii•iiiiilil• • ... IJ.I1:.).. LI I I I I��.I�..I I I I I I I I I,I PBi ti l 1� � �� _ r 3,r �`��•,4 `,, i��� ' •(��IIIIIL�•III�L!(i1111+:. �r�-. �, I�r..,..tn.,,,11 11— 1 / Ir 'll ��al �? *'i: Iil. ,r p \°� `i.l..r, .'i.l.':•; •1..• .1!•' I :;'1.)f••,.' .'I;�, . ' .4uJ•c�:. - � is t-t,;• •�.. Y I•� r••. ' If'•;1;�; �'• I �� ,•• { (�IIII IIII I I I(I•I I I'I'I ..n .•,..r.,. .( hI�J_I I I I I!I .•1/...::•• I-L!III Yltl: C.,.:M , _'��, ``} 1 ' } !1) �� ".�., } I I r( I �t I-I�I11111 �'•' �1i1 �II:u1,1s: ..r= !� b�1..I' � > :� I �l} �;; '' ;. -;• `��•:.-� !�;!~�f�.. MJI -' ., I. � i..d..• rnwr nuurr ulu• �r•r \ •L.�•.��1:•,:;:." �' ,1 •, :1 •'i IN..nNtndll•/1 I � p `1,1•• • .... r` ../• . � '•.� � I�raa � •• i - Il:wrr�4wr,.4 I '�I ti"i�i�i�i i ii i�i i I Ii i•I I�i ii I'I ���r � ..c�;�:� ���n � k���-�+';'''� ,. �... , q+•\��/�•:: wt,.I �s-+. a 1:a':' a..a. '�. ^.. "^. .1C:v.�iat.2•A�MwN•- •� t ..1 rr trrf�...w•.t TAT / ,.:- .� ,/ - i::T. � f(•t'� :• ri Jt++i• '- ✓d 4nr V y1•� _ \\:!''�'v• TT ,.•� •\\\ �:.L'1'� .1 .:•%�•�ti•.� lllr 1:l>w1r r ( -' � -,` - '}'a:y..�1••��Z. ,',:. I / � 1, \ 1.,. .::': .'. rt• ri•. ul.lnr. 'ti ..r 1 •,�::.•-• .�'. J" - ` fl.. ii`}� \•..4J.'.''1 U 1A2.�:a';• '` :.�! • ' % 1� 'Gl:..�`n:C�1::�4:,�•. �I:S ..•I� a I % 1 , A ---PERMISSIBI..T? BUILDING AREAS NOTE; ROOFTOP PARKING LEVR s OF 13 ---- PERMISsnu..r: FRF?I's-S'rANDING PARKING STRUCTURE AREAS WILLC NTAIN A MINIMUM �VILLCON'1'AIN A MINIMUM OF 54"PARAPET HEIGHT. Exhibit B POTENTIAL RIGHT-OF-WAY EXPANSION AREAS PER TRAFFIC INFRAs•rRuc'rupF, AGREEMENT e x. EXHIBIT=C Legal Description of Plaza II Lot 1 of Oak Brook Investment Company Assessment Plat No. 1, in the Southeast Quarter of Section 23 , Township 39 North, Range 11 East of the Third Principal Meridian, according to the Plat thereof recorded December 9, 1963 as Document No. R63-44915 in DuPage County, Illinois, and Lot 4 in the •Southeast Quarter of Section 23 , Township 39 North, Range 11 East of the Third Principal Meridian, according to the Plat thereof recorded July 8, 1964 as Document No. R64-24072, in DuPage County, Illinois. Also Lot 1 in Oak Brook Investment Company Assessment Plat No. 2 in the Southeast Quarter of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, according to the Plat thereof recorded December 9, 1963 as Document No. R63-44916 in DuPage County, Illinois. Also Lot 1 in Oak Brook Development Company's Commerce Plaza Subdivision Unit 4 in the Southeast Quarter of Section 23 , Township 39 North, Range 11 East of the Third Principal Meridian, according to the Plat thereof recorded as Document R72-11264 in DuPage County, Illinois. Also known as Permanent Index Numbers 06-23-406-0061 06-23-406- 008 , 06-23-406-009, 06-23-406-010) . PROPOSED INFRASTRUCTURE IMPROVEMENT MENU NORTH CAMPUS PROPOSED BUILD/NG IMPROVfMEN7 BY INTERSECTION IMPROVEMENT 22ND STREET @ SPRING RD/ TOLLWAY RAMP 22ND ST.@ McDONACO OR. COMMERCE DR.@ PLAZA IA 1192,000 SO.FT.) MCDONALD OR. SPR/NC ROAD @ No Improvement COMMERCE OR1Vf PLAZA IIA(185,000 SO.FT.) No Improvement No Improvement No Improvement No Improvement No Improvement PLAZA IA&PLAZA IIA No the westbound dual left turn lanes;Create No Improvement (together @ 192,000 sq.It.$ separate northbound dual felt turn lanes,a se .rate No eastbound left turn movement No Improvement 185,000 sq.ft.,respectively) through lane and a shared through/right turn lane to and left turn lane on 22nd Street; Re-construct Drive McDonald Drive from Construct a separate westbound right include arcont0inuous 48 loot cross Street section. the south leg ITollway ramp):Create separate turn lane on 22nd Street;North le of southbound dual left turn lanes.two separate McDonald Drive should be strip.e9as The south leg of McDonald include t @ southbound through lanes and a saner.[.southbound two southbound left turn lanes and a Commerce Drive should d two include two No Improvement right turn lane on the north I.g of Spring Road southbound lanes end Iwo ell t urn lane separate uvough/right[urn lane. lanes,sniped as a . PLAZA 11(501,811 s right Ich t. fan° _ SO.FT.) Extend the westbound dual felt turn lanes;Demo and separate right turn Ian°. separate northbound dual let[turn lanes,a se EI""'pate castbound I.11 turn movement through lane and a shared through/right turn lanrate and felt twn lino on 22nd Street; Reconstruct McDOnnld Drive from Cemntcrcc Drive south to 22nd 'I'm [o Modify east lag of the south leg ITollway ra intersection to m Construe a separm.westbountl right include separate westbou ddual pl:Create separate turn lane on 22nd include D continuous 48 to crass section, fah turn ranee and a separate southbound dual I.I,turn lanes,Iwo sepnrnt. Sueel;North leg of The south leg of McDonald Drive(� southbound through tapes and a s. McDonald Drive should be sniped as through/right turn]ane. Add. parer.southbound two southbound Ialt turn[ones and a Commerce Drive should include Iwo right turn fame on the north Icg of Spring Road separate mreugMright turn lane. lanes,so'p dlas as separlat.[alit tcurn uene second through lane to Commerce Drive belwecn Spring Road and and separata right turn lane. Signalize McDonald Drive. PLAZA IA(192,000 SO.FT.) the PLAZA II(501,811 SO.FT.) Extend the westbound dual left turn lanes;Create intersection. separale northbound dual left[urn lanes,a separate Eliminate eastbound left turn movement through lane and a shared through/right turn lane on and left turn lane on 22nd Street: Commerce D ive south tod22ndaStreet to Modify east leg of Intersection to the south leg ITollway rampl:Create separate Construct a separate westbound right include a continuous 48 foot cross section. t cart turn lams ane a separata nclude separate westbound dual southbound dual left turn lanes,two separate turn lane on 22ne Sneer Nonh leg of The south leg of McDonald Drive southbound through lanes and s se.rate southbound McDonald Drive should 6e striped as Commerce Drive should include two 1hr°ugh/right turn lane. Add a 9 p two southbound left turn lanes and a right turn cane on the north leg of Spring Road southbound lanes and two northbound second through lane to Commerce separate through/right turn lane, lanes,striped as a separate left lurn lane Drw°between Spring Road and and separate right turn cane. Signalize the McDonald Drive. intersection. 8/8/95 Exhibit D PROPOSED INFRASTRUCTURE IMPROVEMENT MENU NORTH CAMPUS PROPOSED BUILDING 22ND STREET @SPRING RD/ IMPROVEMENT BY INTERSECT/ON -IMPROVEMENT - TOLLWAY RAMP 22ND ST.@ MCDONALD DR. - COMMERCE DR.@ McDONALD OR. SPRING ROAD @ FPLtZA PLA ZA Il PLAZA IA(192,000 SO FT.) COMMERCE DRIVE % No Improvement No Improvement PLAZA IIA(185,000 S0.FT.) m No Improvement No Improvement No improveent No Improvement 100% ' PLAZA IA&PLAZA IIA No Improvement No Improvement Extend ilia westbound dual left turn lanes;Create 100% (together @ 192,000 sq.It.$ separsle northbound dual left turn lanes,a separate movement and fell urndlane on 22nd Co nnteoc DrrivchsouDtlt 1od22ndeSlr,et to from 185,000 sq.(l.,respectively) through lane and a shared Through/right turn lane on Street:COnsIIUCi a separate include a continuous 48 loot cross section. the south leg(T011way rampl;Create separate westbound right turn Ian,on 22nd southbound dual left turn lanes,two separate Street;North leg of MCOonald Drive Commerce TDrive McDonald tltlDtle two provament southbound through lanes and a soot soulbbound should be striped as two southbound southbound lanes and two northbound No Im 51% 49% right Turn Irmo on uto north lop of Spring nonJ loft turn Innas and o sopnrmo Ianos,striped as o se Ihrouphhipht Turn lane. photo loll urn lone PLAZA II(501,811 SO.FT.I Ezlend the westbound dual loft turn tones:Create and sepnrmh right win Iano. separate northbound dual loll turn lanes,a Eliminate eastbound left turn ne•consuucl McDonald Oriva from tlu ough ono and o shared Through/right tun lane on movement and loll urn bm on 22nd cl"de a Commerce Drive south to 22nd Street 1. o incllude separate lw°sl Doand the south log(Tellwn Street:Consuuct a separao nctude a continuous M loo'cross section, dual loll urn lanes and a t ranIpl:Create separate westbound right urn lane al 22nd The south lag of a,, aid Drive southbound dual 1011 urn lane:,two separate Street:North 1c of M �^ separate throuphhipht turn soulbbound through Inne'and a separate southbound d McDonald Drive Commarc,Drive should include two lane. Add a second through right un lane on thh north lag of Sprin need should be striped as two southbound aoulhbound banes and Iwo nor llbounJ 100% g 1°It un lanes and a s,phrate Ianos,striped es a separao loll tun lone tans to Commerce Drive through/right turn lone. and separate right turn lone. Signalise the between McDonald Road end PLAZA IA 1192,000 SO,FT.) Extend the westbound dual tali turn lanes;Create intorsaciion. Me0onald Drive. PLAZA 11(501,811 SO.FT.) separate northbound dual left turn lanes,a separate movement and left dlane on 22nd Commc oe uric McDonald l 22nde from.lo o Modify a se through lane and a shared through/right tun lane on Modify asst leg of War,ection the south leg(Toliwsy ramp);Create separate Street;construct°separate include a continuous 48 foot cross section. dual felt urn lanes and a nd southbound dual left turn lanes,two separate westbound right'urn lane on 22nd The south leg of McD-I class a p Street;North leg of MCOOneld Drive Commerce Drive should include twe separate through/right turn southbound through lanes and a separate southbound should be striped as Iwo southbound southbound lanes end Iwo northbound right turn lane on the north le of S Jana. Add a second Ittrive 27Y. 79 6 Ian I 9 Spring Road left Tun lanes and a separate lanes,striped as a separate felt turn lane between Spring Road read through/right turn lane, and separate right turn lane. Signalise the McDonald Drive, intersection. 8/8/95 Exhibit r I