R-1287 - 08/27/2013 - PEDESTRIAN ACCESS - Resolutions Supporting Documents ITEM 6.F.1.
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AGENDA ITEM
Regular Board of Trustees Meeting
of
August 27, 2013
SUBJECT: Pedestrian Access Improvement Agreement-General Growth, McDonalds and
Arden Realty
FROM: David Niemeyer, Village Manager
BUDGET SOURCE/BUDGET IMPACT: Hotel and Motel Tax Fund - $250,000
RECOMMENDED MOTION: Motion to approve Resolution 2013-PED-ACESS-AG-R-
1287 A Resolution Approving a Pedestrian Access Agreement by and Between the Village
and General Growth Properties, McDonald's Corporation and Arden Realty.
Background/History:
Attached is the pedestrian access improvement agreement by and between the Village of Oak
Brook, General Growth, McDonalds and Arden Realty. The estimated cost sharing when the
agreement was prepared was as follows:
McDonalds $41,486
Arden $20,619
GGP $37,263
Village $149,053
This cost sharing was based on engineer's estimates of$248,422. However, since the project
came in over estimates by about $18,000, the Village will be responsible for the difference,
which is almost another $18,000. The Village's share will be paid for out of the Hotel and Motel
tax fund.
The other stakeholders will need to reimburse the Village for their share of the cost by February
1, 2014.
Last saved by dbettin J:\Agenda Items\AG-Ped Access Agmts 8-27-13.doc
Last printed 8/22/2013 2:19 PM
Recommendation:
That the Village Board approve Resolution R-1287 approving a Pedestrian Access Agreement
Between the Village and General Growth Properties, McDonald's Corporation and Arden Realty.
Last saved by dbettin MAgenda Items\AG-Ped Access Agmts 8-27-13.doc
Last printed 8/22/2013 2:16 PM
RESOLUTION 2013-PED-ACCESS-AG-R-1287
A RESOLUTION APPROVING A PEDESTRIAN ACCESS AGREEMENT
BY AND BETWEEN THE VILLAGE AND GENERAL GROWTH PROPERTIES,
MCDONALD'S CORPORATION AND ARDEN REALTY
WHEREAS, the Village desires to improve pedestrian and bicycle access to the Oakbrook Center
and the hotels, offices, businesses, universities, and residential developments located adjacent to or near
the Oakbrook Center (collectively, "Oakbrook Center Area Businesses") through implementation of 10
related infrastructure projects collectively known as the Pedestrian Access Project (collectively,
"Project'); and
WHEREAS, the Project will provide numerous benefits to the residents and businesses of the
Village, including: (i) more convenient and safer walkways, crosswalks, and access for hotel patrons,
office workers, visitors, shoppers, and other pedestrians; (ii) increased economic activity between the
restaurants, retail stores, hotels, offices, and businesses within the Oakbrook Center area; and (iii)
reduced vehicular traffic within the Oakbrook Center Area, on Route 83, 16th Street, Spring Road, and
22nd Street; and
WHEREAS, as part of the Project, the Village, General Growth Properties ("GGP"), McDonald's
Corporation ("McDonald's'� and Arden Realty ("Arden") desire for the Village to make improvements to
sidewalks, pedestrian crossings, and lighting in the vicinity of Spring Road and Commerce Drive,
("lmprovements'�; and
WHEREAS, to enable the Village to make the Improvements, the Village, GGP, McDonald's, and
Arden desire to enter into the Pedestrian Access Improvement Agreement that is hereby attached as
Exhibit A ("Agreement's, which Agreement provides, in part, for the granting of easements to the Village
and sets forth a cost-sharing mechanism whereby GGP, McDonald's and Arden will share in some of the
costs for the construction of the Improvements; and
WHEREAS, the President and Board of Trustees have determined that it is in the best interest of
the Village to enter into the Agreement;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of the Agreement. The President and Board of Trustees hereby
approve the Pedestrian Access Agreement by and between the Village of Oak Brook, GGP, McDonald's,
and Arden in substantially the form attached to this Resolution as Exhibit A, and in a final form to be
approved by the Village Manager and the Village Attorney.
Section 3: Execution of Agreement. The Village President and the Village Clerk shall be,
and are hereby, authorized to execute the approved final Agreement on behalf of the Village.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2013-PED-ACCESS-AG-R-1287
Pedestrian Access Agreement with GGP,McDonald's and Arden
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APPROVED THIS 27th day of August, 2013
Gopal G. Lalmalani
Village President
PASSED THIS 27th day of August, 2013
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2013-PED-ACCESS-AG-R-1287
Pedestrian Access Agreement with GGP, McDonald's and Arden
3of3
EXHIBIT A
Agreement