S-388 - 10/24/1977 - VARIATION - Ordinances t
ORDINANCE NO.
_ 3
AN ORDINANCE GRANTING A VARIATION TO SECTION XI D -W-OF
ORDINANCE NO. G-60, AS AMENDED, THE ZONING ORDINANCE OF THE
VILLAGE OF OAK BROOK, TO PROPERTY COMMONLY KNOWN AS THE SOUTH
SIDE OF 22ND STREET DIRECTLY EAST OF ITS INTERSECTION WITH
BUTTERFIELD ROAD, OAK BROOK, ILLINOIS
WHEREAS, the owner of the subject property described in Section 2
below has petitioned the Village of Oak Brook, Du Page and Cook Counties, Illinois,
for a variation to the regulations of Section XI (D) (7) of Ordinance No. G-60, as
amended, as applied to the Subject Property; and
WHEREAS, the Boards, Commissions, and agencies of the Village of Oak
Brook have held all required public hearings pursuant to statutory public notice, and
have submitted all required public reports and recommendations; and
WHEREAS, the President and Board of Trustees deem the passage of this
Ordinance to be in the best interests and pursuant to the general welfare of the
Village of Oak Brook.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Oak Brook, Du Page and Cook Counties, Illinois, as
follows:
SECTION 1: The provisions of the preamble hereinabove set forth are hereby
restated herein as though herein fully set forth.
SECTION 2: The provisions of this Ordinance shall apply to the property legally
described as:
All of Lot 1 of the Brunswick Corporation Assessment Plat No. 2
of part of the northeast quarter of Section 28, Township 39 North,
Range 11 East of the Third Principal Meridian recorded as
document No. R64-6153 in Du Page County, Illinois.
ALSO KNOWN AS
That part of the Northeast Quarter of Section 28, Township 39
North, Range 11, East of the Third Principal Meridian, being more
fully described as follows, to wit: Commencing at the Northeast
Corner of the Northeast Quarter of said Section 28; thence North
87 degrees 20 minutes 12 seconds West, along the North line of
Section 28, a distance of 634.15 feet to a point; thence leaving said
North line of Section 28 and continuing along the Southerly right of
way line of 22nd Street (Cermak Road) and South 89 degrees 50
minutes, 02 seconds West, a distance of 163.74 feet to the place of
beginning, thence continuing along said Southerly right of way of
said 22nd Street (Cermak Road) South 89 degrees 50 minutes 02
seconds West a distance of 60.14 feet to a point of curve; thence
along a curve and still along said Southerly right of way line of
22nd Street, said curve being convex Northerly having a radius of
3719.83 feet, a distance of 305.77 feet to a point thence South 03
degrees 12 minutes 27 seconds East, a distance of 674.34 feet to a
point on a curve said point being 82.5 feet Northerly (as measured
radially) from the North right of way of the Northern Illinois Toil
Highway thence along a curve which is 82.5 feet Northerly (as
measured radially) from the North right of way of the Northern
Illinois Toll Highway, said curve being convex Northerly and having
a radius of 5937.08 feet, a distance of 337.48 feet to a point thence
North 00 degrees 34 minutes 08 seconds East, a distance of 585.97
feet to the place of beginning all in Du Page County, Illinois.
VKLJILNALVl.L 1VV. "-DU, t1J r1LVlLLVLJLLI, 111L L.IILVILVV V0%Ll11Nr1LVl.L Vl' ILIL"
VILLAGE OF OAK BROOK, TO PROPERTY COMMONLY KNOWN AS THE SOUTH
SIDE OF 22ND STREET DIRECTLY EAST OF ITS INTERSECTION WITH
BUTTERFIELD ROAD, OAK BROOK,ILLINOIS
WHEREAS, the owner of the subject property described in Section 2
below has petitioned the Village of Oak Brook, Du Page and Cook Counties, Illinois,
for a variation to the regulations of Section XI (D) (7) of Ordinance No. G-60, as
amended, as applied to the Subject Property; and
WHEREAS, the Boards, Commissions, and agencies of the Village of Oak
Brook have held all required public hearings pursuant to statutory public notice, and
have submitted all required public reports and recommendations; and
WHEREAS, the President and Board of Trustees deem the passage of this
Ordinance to be in the best interests and pursuant to the general welfare of the
Village of Oak Brook.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Oak Brook, Du Page and Cook Counties, Illinois, as
follows:
SECTION 1: The provisions of the preamble hereinabove set forth are hereby
restated herein.as though herein fully set forth.
SECTION 2: The provisions of this Ordinance shall apply to the property legally
described as:
All of Lot 1 of,the Brunswick Corporation Assessment Plat No. 2
of part of the northeast quarter of Section 28, Township 39 North,
Range 11 East of the Third Principal Meridian recorded as
document No. R64-6153 in Du Page County, Illinois.
ALSO KNOWN AS
That part of the Northeast Quarter of Section 28, Township 39
North, Range 11, East of the Third Principal Meridian, being more
fully described as follows, to wit: Commencing at the Northeast
Corner of the Northeast Quarter of said Section 28; thence North
87 degrees 20 minutes 12 seconds West, along the North line of
Section 28, a distance of 634.15 feet to a point; thence leaving said
North line of Section 28 and continuing along the Southerly right of
way line of 22nd Street (Cermak Road) and South 89 degrees 50
minutes, 02 seconds West, a distance of 163.74 feet to the place of
beginning, thence continuing along said Southerly right of way of
said 22nd Street (Cermak Road) South 89 degrees 50 minutes 02
seconds West a distance of 60.14 feet to a point of curve; thence
along a curve and still along said Southerly right of way line of
22nd Street, said curve being convex Northerly having a radius of
3719.83 feet, a distance of 305.77 feet to a point thence South 03
degrees 12 minutes 27 seconds East, a distance of 674.34 feet to a
point on a curve said point being 82.5 feet Northerly (as measured
radially) from the North right of way of the Northern Illinois Toll
Highway thence along a curve which is 82.5 feet Northerly (as
measured radially) from the North right of way of the Northern
Illinois Toll Highway, said curve being convex Northerly and having
a radius of 5937.08 feet, a distance of 337.48 feet to a point thence
North 00 degrees 34 minutes 08 seconds East, a distance of 585.97
feet to the place of beginning all in Du Page County, Illinois.
i A
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
October 26, 1977 654-2220
Fifield, Palmer & Filippini
111 E. Wacker Drive, Suite 507
Chicago, Illinois 60601
Attention: Mr. Erik Moskowitz
Subject: Fifield, Palmer & Filippini
Variation, Off Street Loading Berths
Dear Sir,
The village board at their meeting of Tuesday, October 25, 1977 passed
and approved.Ordinance S-388 granting a Variation to Section XI (D)
(7) of Ordinance G-60, as amended, to property commonly known as the
south side of 22nd Street directly east of its intersection with Butter-
field Road, Oak Brook, Illinois.
Attached hereto you will find copy of the ordinance.
Please contact our Inspection Bureau for necessary permit and plan
review.
Sincerely,
KeAeth �G. rmign i
Village Manager
K C/ls
tt.
cc: Inspection.Bureau
• 0 •
F
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
October 13, 1977 654-2220
Mr. Erik Moskowitz
111 E. Wacker Drive
Chicago, Illinois 60601
Subject: Fifield, Palmer & Filippini
Variation - Off Street Loading Berths
Parking Request
Dear Sir,
At the board meeting of Tuesday, October 11, 1977, the village board
considered your request for a variation of the off-street loading berths
and a request to .utilize a Northern Illinois Gas easement for parking.
The village board authorized the utilization of the Northern Illinois
Gas easement for parking consistent with our ordinance. The village
board also authorized the village attorney to prepare an ordinance grant-
ing the variation for the off-street loading berths conditioned to the
development of the site plan as prepared and dated September , 1977
depicting the concept of small office spaces to be rented by individual
tenants.
That ordinance should be prepared and presented at the October 25th
board meeting.
S cerely yours,
0
Ken eth G. Carmign
Village Manager
KGC/ls
cc: Engineer Littleton
Alni-pection Bureau
Attorney Bianucci
MEMO TO: President and Board of Trustees
RE: Fifield, Palmer & Filippini
Lot 2 - Brunswick Corporation Assessment Plat
Variation - Loading Berth Requirements
PUBLIC HEARING: October 4, 1977
Gentlemen;
The Zoning Board of Appeals transmits for your consideration it's
recommendation on a variation request to eliminate the requirement
of providing three (3) Loading Berths for an office building of
approximately 65,675 sq.ft. .
Oath was administered to Eric Moskowitz, who presented testimony that
the single story office court did not necessitate loading berths,
since each unit was self-contained and had its own entrance for the
delivery of office supplies. Architect Al Eichsteadt stated they
would be able to comply with the sign ordinance and no other varia-
tions would be required. Evidence was given that this type of
office court is a unique situation that does not require loading
berths and their absence does not have a detrimental affect on the
adjoining properties. Rather, it provides a landscaped enviorment.
No one appeared in behalf or against the applicant.
Accordingly, by a vote of 7 - 0, the Zoning Board of Appeal recommends
that the variation be granted on the condition that the use of the
site be for a small scale multi-tenant office facility, planned for
the division into self-contained units of approximately 1,000 sq.ft.
each or combined to satisfy the needs of larger users.
Zoning Board of Appeal October 4, 1977
ZONING BOARD OF APPEALS - 3 - October 4, 1977
VI. Cara-her Corporation (continued)
Roll call vote - Ayes: Members Lavery, Hodges, and Chairman Baroni
Nays: Members Fraser, Muschler, Regas, Ewing
Absent: None Not carried.
Member Regas moved - seconded. by Member Fraser. . .
That the variation request be granted. because of the unique
circumstances and that a hardship is present; and that the
intent of the ordinance is being carried out by making alternate
front yard area available.
Roll call vote - Ayes: Members Fraser Yluschler, Regas, Ewing
Nays: Members Lavery, Hodges, and Chairman Baroni
Absent: None So ordered. .
PUBLIC HEARING
VII. Fifield, Palmer & Filippini 2515 - 22nd Street: Variation -
Loading Berths
Published in Oak Brook Dosings September 15, 1977
Letters to Residents sent September 16, 1977
The oath was administered to Eric Moskowitz, 111 E. Wacker Drive, Chicago,
IL 60601.
Mr. Moskowitz presented the concept of the 65,675 sq. ft. single story office
court which is made up of. 1,000 sq. ft. units, each unit containing its own
heating unit and wash room, and with its own front entrance.
To provide a landscape environment, the development will cover only .26 F.A.R.
of the permitted .45 F.A.R. as shown on the site plan prepared by Eichsteadt
Architects, dated August 4, 1977. With this type of development (similar to
Windsor Office Court at 210 - 22nd Street) , the (3) loading berths are not
necessary since only office supplies would be delivered, except furniture
upon moving in. The rent for this will be $7.75 to $8.00 per sq. ft. with
the tenant paying their own utilities.
The oath was administered to Al Eichsteadt, Architect, who stated this
facility could never be developed into anything but what it was designed for.
Member Regas moved - seconded by Member Lavery. . .
That this is a unique situation that does not alter the character
of the surrounding neighborhood; and to recommend that the variation
be granted on the condition that the use of the site be for a small
scale multi-tenant office facility planned for the division into self-
contained units of approximately 1,000 sq. ft. each or combined to
satisfy the needs of larger users.
Roll call vote - Ayes: Members Ewing, Fraser, Hodges, Lavery, Muschler,
Regas, and Chairman Baroni
Nays: None
Absent: None So ordered.
ITEM 7: CONTINUED
MR. FINKE THEN EXPLAINED THAT A RIGHT-OF-WAY CONFLICT EXISTED AT THE CORNER
OF 38TH STREET AND CUMNOR ROAD. THE SOUTHEAST QUADRANT OF THE CUL-DE-SAC
PROPOSED AT THAT INTERSECTION FALLS WIHTIN PROPERTY OWNED BY WCFL. SINCE
WCFL WAS UNWILLING TO SELL THE PROPERTY REQUIRED TO COMPLETE THE CUL-DE-SAC,
THE DEVELOPMENT COMPANY PROPOSES TO SOLVE THE PROBLEM BY ELIMINATING THE
CUL-DE-SAC AND CONSOLIDATING THE TWO EASTERN MOST LOTS INTO A SINGLE LOT.
ERS CONCURRED WITH THE CONSOLIDATION.
F
IFIELD PALMER AND FILIPPINI - PARKING RE UEST:
OWITZ APPEARED ON BEHALF OF THE APPLICANT AND EXPLAINED THAT THEIR
AS THE UTILIZATION OF PROPERTY OWNED BY NORTHERN ILLINOIS GAS CO.
ADJACENT TO THE TOLLWAY FOR PARKING PURPOSES. HE DISTRIBUTED A REVISED
PRELIMINARY SITE PLAN OF THEIR PROPOSED OFFICE COMPLEX. HE STATED THE
BUILDING WOULD A SINGLE STORY STRUCTURE CONSISTING OF SELF-CONTAINED UNITS
VARYING IN SIZE FROM 1,000 TO 22,000 SQ. FT. MEMBER SCOTT ASKED WHAT TYPE
OF TENANTS WOULD UTILIZE THIS SPACE. IT WAS EXPLAINED THEY WOULD BE IN THE
NATURE OF REGIONAL SALES AND PROFESSIONAL TYPE OFFICES. IT WAS EXPLAINED
THAT A CONDITION OF THE LEASE FROM N.I.G. PROHIBITED THE INSTALLATION
OF TREES ON THE GAS COMPANY PROPERTY, HOWEVER, THEY PLANNED TO EXTENSIVELY
LANDSCAPE THE SITE AND WOULD PROVIDE SHRUBBERY AROUND THE' RERIMITER .OF THE
PARKING LOT, INCLUDING THE STRIP OF LAND ADJACENT TO THE TOLLWAY.
MEMBER SCOTT MOVED-SECONDED BY MEMBER MARQUARDT.. .
THAT APPROCAL OF THE REQUEST TO UTILIZE THE N.I.G. CO. PROPERTY FOR
PARKING BE RECOMMENDED TO THE VILLAGE BOARD.
ROLL CALL VOTE: AYES: CHAIRMAN BARTON, MEMBERS LISTECKI, MARQUARDT,
NOYES, REECE AND SCOTT
NAYES: NONE
MOTION CARRIED.
MEMBER SCOTT COMMENDED THE DEVELOPER ON THE PROJECT.
ITEM 9: COMPREHENSIVE PLAN - LAND USE COMMITTEE REPORT:
LAND USE COMMITTEE CHAIRMAN SCOTT READ THE MINUTES OF THE SEPTEMBER 17, 1977
MEETING OF THE LAND USE COMMITTEE.
A. VILLAGE GREEN
THE PLAN COMMISSION DISCUSSED THE LAND USE COMMITTEE'S RECOMMENDATION TO
DESIGNATE THIS AREA FOR COMMERCIAL USAGE AND TO DEVELOP A ZONING CLASSIFI-
CATION THAT WOULD PROVIDE TIGHTER CONTROL OVER ITS DEVELOPMENT.
MEMBER MARQUARDT STATED HE DID NOT AGREE THAT THE BEST USE OF THIS SITE
WAS COMMERCIAL.
MEMBER SCOTT MOVED- SECONDED BY MEMBER REECE...
THAT VILLAGE GREEN BE DESIGNATED AS A PLANNED COMMERCIAL DEVELOPMENT.
$/I5�77
C CONTINUED)
Dear Resident,
The Oak Brook Zoning Board of Appeals and Village Board and Plan
Commission, if necessary, will be considering a:
Zoning Amendment Special Use X Variation
at the meetings as scheduled on the reverse side of this notice.
Please refer to this schedule for time, place and dates of meetings.
The application has been filed by: Erik Moskowitz
(Name of Applicant)
111 E. Wacker Drive, Chicago
(Address) 0 60
The property in question is situated at: 2515 -22nd Street
South side of 22nd Street, '
The specific action being requested is as follows:
Not be required to provide 3 Loading Berths for Office Building.
If you desire more detailed information, we would suggest that you
contact the Inspection Bureau located in Fire Station 1, 1212 Oak
Brook Road, or you may call 654-2220.
A map of the area has been reproduced on the reverse side to assist
you in determing your relationship to the property in question.
74 c-1 _.
Fifield, Palmer •& Filippini ;
INCORPORATED
Real Estate
August 30, 1977
Plan Commission.and
Board,ofd Trustees
Z
Villageof Oak Brook �" �' �� W
* :. 5 r4me.3&�.Yt St
1200 Oak Brook Road
Y x
Oak Brook lllino><s 60521 L� z "t �
rµ s f r r x e '. x 4 wf w yr .v xskr-ark,Y
Reference: Oakbrook Office Court
y
r} Oak Brook, Illinois
Gentlemen: '
rz
Enclosed are 15 copies each of the following documents: z "
1 Preliminary Site Development'Plan, dated 8/4/77
r S.•;Y, pe f 3�
2 ;Site location`aerial photocopies
3' ' Lease- document for use of Northern Illinois Gase easement
Mrs.'Lakosil has directed us.:to forward these documents together with this letter
to formalize our rrgu&IL for your review and approval of our use of the Northern
Illinois.Gase easement for oarkina in accordance with the requirements of the Zoning
Ordinance of the Village of Oak Brook.
The proposed use of the site is a small scale multi-tenant office facility, planned
for division into units of approximately 1,000 square feet, each having its own entry,
toilet room, and mechanical, system. The units may be combined as necessary to
satisfy the needs of larger users. The site will.be profusely landscaped by means
of courtyards, parking area dividers, and berms, including coniferous parking area
screening as required by the Zoning Ordinance. Parking exceeds requirements
and the density is approximately half of that allowed for the"site (floor area ratio
is .26 versus .45 allowable).
J�
If you.require further information please advise.
Very't ly,yours, •
so
Erik Moskowitz Q.
- Vice President
Fifield, Palmer & Filippini
Encl.
EM/das' Vt VILLAGE 4L � Li.,
"BLDG. DEPT
111 East Wacker Drive . Chicago,Illinois 60601 .Telephone,(312)861-1101
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
September 21, 1977
President and Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
Re : Fifield, Palmer $ Filippini - Off Street Parking
on other than the Principal Lot
Dear Trustees :
At the regular meeting of the Plan Commission held September 19,
the Plan Commission voted, 6-0 , to recommend that the applicant
be permitted to utilize the Northern Illinois Gas Company
property abutting the principal lot and the Illinois Tollway
for the purpose of parking in fulfillment of the overall parking
requirements for developing the parcel in question.
This approval is consistent with other parking developments on
land adjacent the Tollway that has been developed for ORA-1 uses .
Such approvals should not be deemed, however , to constitute a
waiver of landscaping and screening requirements relating to
parking facilities .
Respec- f y submitte ,
1
i r�`Barto _
P1 n Commission - Chairman
it
Absent: None
So ordered.
C. Liquor License Application - Bully's 1415 - 22nd Street
At the request of the applicant, this matter was deferred to the next
regular meeting of September 27, 1977.
D. Cancellation of Law Enforcement Agreement with City of Oakbrook Terrace
The Village received a certified copy of Resolution #R-77-2 which
terminates the Traffic Agreement effective September 23, 1977. Manager
Carmignani was directed to acknowledge receipt of said termination.
E. Appeal - Building Commissioner's Decision - Amoco Oil Company
Referred to Zoning Board of Appeals Meeting on October 4, 1977.
F. Fifield, Palmer & Filippini - Variation - Off Street Loading Berths
Location: South side of 22nd Street directly east of its intersection
with Butterfield road.
Loading Berths - Referred to Zoning Board of Appeals Meeting on October 4, 1977.
Parking Location - Referred to Plan Commission Meeting on September 19, 1977.
G. Richard Rex - Variation - Fence - 48 Forest Road
Referred to Zoning Board of Appeals Meeting on October 4, 1977.
H. 35th Street Enterprises (SaddleBrook) Variation - Fence
Location: Lots #40-57 in Unit #2 and Lots #126 & #127 in Unit #3.
Referred to Zoning Board of Appeals Meeting on October 4, 1977.
I. Caraher Corporation - Front Yard Variation
Location: Camden Court at East/West Tollway
Referred to Zoning Board of Appeals Meeting on October 4, 1977.
J. SaddleBrook Development Company - Rescheduling of Phases
Referred to Plan Commission Meeting on September 19, 1977.
VII. ADJOURNMENT Time: 9:15 P.M.
Trustee Brown moved - seconded by Trustee Rush. . .
That this meeting be adjourned.
Voice vote - all in favor. So ordered.
Respectfully submitted,
MatiarVne L osil
Village Clerk
9/13/77 -7-
VILLAGE OF OAK BROOK
1200 Oak Brook Road
654-2220
SCHEDULE AND RECEIPT FOR PUBLIC HEARING
Name of Applicant
J
Received byDate 8 [ ':51
7
(Village Clerk)
Received ''t' 3a 7 6-0ca
C e c No. (Name) Date Amount
Applicant should be present at meetings checked:
Board of Trustees Meeting 7:30 P.M. Tuesday
Publication Date - DOINGS NSVSPAPER Thursday
V- Plan Commission Meeting 7:30 P.M. Monday / 7
Y Zoning Board of Appeals Meeting 7:30 P.M. Tuesday Lp /--7:1
Board of Trustees Meeting 7:30 P.M. Tuesday
Board of Trustees Meeting 7:30 P.M. Tuesday (G fi
All meetings are held in the Samuel E. Dean Board Room of the Oak Brook Village Commons,
1200 Oak Brook Road (31st Street).
PRIOR TO SCHEDULED MEETING, APPLICANT IS TO REQUEST STATUS OF APPLICATION, ALLOZv'ING FOR.
SUFFICIENT TIME TO SUBMIT ANY ADDITIONAL MATERIAL.
Address City State Zip
If owner is being represented by someone other than himself, please fill in
the information below:
Owners Representative: (As Contract Purchaser ) Fifield, Palmer & Filippini, Inc.
Name Erik Moskowitz Telephone No. 861-1101
Address 111 E. Wacker Drive City Chicago State Ill. Zip 60601
General Location (or) Address of Property: South side of 22nd Street directly east of its
intersection with Butterfield Road
Legal. Description of Property See Attached '
State specific action requested and give reasons for same: (Refer to pertinent
section of Oak Brook Zoning Ordinance G-60. )
L Zoning Amendment Special Use Variation
Fee: $150.00 Fee: $150.00 Fee: $150.00
See Attached
ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, (15) COPIES OF A SCALE
DRAWING OF A RECENT SURVEY PREPARED BY A REGISTERED SURVEYOR AND SHOWING THE
PROPERTY LINES, EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION AND ANY
BUILDINGS ON ADJACENT PROPERTY LOCATED WITHIN 100 FEET OF SUBJECT PROPERTY.
IT IS NECESSARY THAT THIS INFORMATION BE RECEIVED BY THE FIRST OF THE MONTH
FOR PUBLIC HEARING ON THE FIRST TUESDAY OF THE FOLLOWING MONTH.
MAIL TO: Village Clerk
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
(Signature of Applicant)
Erik Moskowitz, Vice President
Fifield, Palmer & Filippini
We seek relief from Zoning Ordinance requirement for off-street loading berths, as specified
under Appendix A, Section XI (D) Off-Street Loading, paragraph (7); requires 3 loading berths for
office building 40,001 to 100,000 sf.
Justification for the variance is related to the use of the site as a small scale multi-tenant office
facility, planned for division into units of approximately 1,000 square feet, each having its own
entry, toilet room, and mechanical system. The units may be combined as necessary to satisfy
the needs of larger users.
Loading berths are not applicable for this type of office facility and this requirement has been
previously waved in a similar case; the Windsor Office Plaza at 210 W. 22nd Street. In addition,
this requirement has been waved in completed comparable facilities in several suburban locations
without detrimental effect. The environmental benefit is to decrease the paved area of the site.
All of Lot 1 of the Brunswick Corporation abessmant Plat No-
2 of part of the northeast quarter of Section 28, To7nship 39
North, Range 11 East of the Third Principal Meridian recorded
as document No. R64-6153 in DuPage County, Illinois_
ALSO KNOWN AS
That part of the Northeast Quarter of Section 28, Township 39
North, Range 11, East of the Third Principal Meridian, being more
fully described as follows, to-wit. Coxamenci-ng at the Northeast
Corner of the Northeast Quarter of said Section 28; thence North
87 degrees 20 minutes '12 seconds West, along the North line of
. Section 28, a distance of 634_15 feet to a point; thence leaving
said North line of Section 28 and continuing along the Southerly
right of way line of 22nd Street (Cermak Road) and South 89 degrees
50 minutes, 02 seconds West, a distance of 163.74 feet to the
place of beginning, thence continuing along said Southerly right
of way of said 22nd Street (Cermak Road) South 89 degrees 50
minutes 02 seconds West a distance of 60. 14 feet to a point of
curve; thence along a curve and still along said Southerly right
of way line of 22nd Street, said curve being convex Northerly
having a radius of 3719. 83 feet, a distance of 305_77 feet to a
point- thence South 03 degrees 12 minutes 27 seconds East, a distance
of 674_34 feet to a point on a curve said point"being 82_5 feet
Nor:herly (as measured radially) from the North right of way of
the Northern Illinois Toll Highway thence along a curve which
is 82.5 feet Northerly (as measured radially) from the North right
of tray of the Northern Illinois Toll Highway, said curve being
convex Northerly and having a radius of 5937_08 feet, a distance
of 337_48 feet to a point thence North 00 degrees 34 minutes 08
seconds East, a distance of 585.97 feet to the place of beginning
all in DuPage County, Illinois.
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COMPANY, an Illinois corporation (hereinafter called "Lessor")
and JAMES C. CARAHER, (hereinafter called "Lessee") .
W I T N E S S E T H:
That Lessor, for and in consideration of the covenants
and agreements hereinafter mentioned to be kept and performed
by Lessee, its successors and assigns, has demised and leased
and does hereby demise and lease.. to Lessee the real estate
(hereinafter called the "Premises") shown crosshatched and
as Demised Property on the plat (hereinafter called the "Plat")
attached hereto as Exhibit C-1 and legally described in
Exhibit C-2 hereto, to be used by Lessee, its employees , agents, .--
tenants, patrons and guests as a private parking lot and for
ingress and egress to and from Lessee 's property which is des-
cribed in Exhibit C-3 attached hereto.
TO HAVE MMD TO HOLD the premises for a primary term (here-
inafter called the "Primary Term") of thirty-five (35) years com-
mencing with the exercise of the Option Agreement to which this
Indenture of Lease is attached as an exhibit.
In consideration of the demise, and the covenants and
agreements herein expressed, it is covenanted and agreed as
follows:
FIRST: During the term hereof, Lessee shall pay to Lessor
at Lessor' s place of business , or to such place or to such other
person as Lessor shall direct by a notice in writing to Lessee,
the following sums as rent for the premises:
.ieasenola tnerearter, the rental snail be increasea by an .
amount equal to five (50) percent of the rent for the prior year;
(c) If this lease shall be extended as provided in
Paragraph Ten hereof, the rental during the Extended Term
or Terms shall be due and payable on the first day of each
year and shall be in such amount as provided in Paragraph Ten.
Lessee shall further pay on or before the due date therefor
and before any interest or penalties occur, all taxes (other
than general real estate taxes or special assessments levied
against the Premises) , license fees or other charges which may
be levied or assessed against the Premises or the business
conducted by Lessee thereon, or which may be levied or assessed
against any and all improvements placed thereon by Lessee .
Lessee, upon presentation by Lessor of bills for the amount
thereof, shall promptly reimburse Lessor for any such taxes ,
license fees or other charges which may be paid by Lessor.
SECOND: Lessee may place a blacktop parking area, drive-
ways for ingress and egress (by automobile) , landscaping
(but Lessee shall not plant any trees) and light standards
with conduit upon said Premises (hereinafter called "Facilities") .
Lessee shall make no other improvements nor construct any other
structures upon the Premises .
Prior to each installation of any Facilities , Lessee shall
provide Lessor with detailed plans and specifications indicating
the location and method of installation of such Facilities and
shall not proceed with construction unless final plans and spe-
cifications are approved in writing by Lessor. Once Lessor ;has
�i
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ii�,V
obtain all permits and licenses required to conform to applicable
rules and regulations of all authorities having jurisdiction.
B. Lessee shall notify Lessor at least forty-eight (48)
hours prior to performing any work on the Premises.
C. All work performed on the Premises shall be performed
in the presence of a representative of Lessor. Such re-presen-
tative shall have full authority to stop the work of Lessee if
not done to such representative ' s reasonable satisfaction.
Lessee shall reimburse Lessor for the cost of such representative.
D. There shall be no blasting on the Premises.
E. Natural drainage of the Premises shall not be impaired.
F. The surface of the Premises shall be restored to the
satisfaction of Lessor' s representative at the termination of
this Lease.
FOURTH: Lessee shall indemnify and hold Lessor. harmless,
including without limitation the defense of any suits, of and
from any loss, cost, damage or expense , or claims therefor, of
any kind whatsoever brought by any person (s) whatsoever, em-
ployees of Lessor, employees of Lessee or of any contractor,
for injuries (including death) , or damage to or loss of property
alleged or claimed to have been caused by or to have arisen
out of or in connection with, or to be incidental to Lessee 's
use of the Premises or to any work performed by or for the bene-
fit of or pursuant to direction or a»thority of or with per-
mission of Lessee or any of its contractors or subcontractors
in, on or about the Premises , and to pay, liquidate, discharge
and satisfy any and all judgments , awards or expenses which
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i
Primary Term and all Extended Terms) in companies and amounts
reasonably satisfactory to Lessor, comprehensive general lia-
bility and property damage insurance, including contractual
liability coverage. Until Lessor directs otherwise, such insur-
ance shall be in the following minimum amounts : for bodily
injury a minimum of $500, 000; for liability on account of
injury to or in the death of any one person and not less than
$1, 000,000 for the total liability resulting from any one
accident, for property damage, a minimum of $200 , 000 for all
property damage and destruction resulting from any one accident.
Prior to the effective date of this Lease, Lessee shall `furnish
a certificate or certificates, in a form satisfactory to
Lessor, evidencing insurance coverage as required hereby.
Such certificate or certificates shall include a provision
requiring the insurer to give Lessor at least thirty (30)
days' prior written notice of termination, nonrenewal or re-
duction in any insurance required by this paragraph.
SIXTH: At the termination of this Lease, Lessee covenants
to return the Premises to Lessor in as good condition as the
Premises are now, reasonable use and the effects of the time
excepted provided if Lessor requests, but not otherwise,
Lessee shall return the Premises to Lessor with all improvements
made by Lessee. Lessee shall maintain in good order and repair
during the entire term of this Lease, all improvements made to
the Premises by Lessee.
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case may be. No waiver of any default of Lessee shall be im-
plied from omission by Lessor to take any action on account of
such default, and it is hereby further agreed and provided that
any waiver at any time of a breach of any condition, covenant
or agreement of this Lease shall extend only to the particular
breach so waived, and shall in no manner impair or affect the
existence of such condition, covenant or agreement, or the right
of the Lessor to thereafter avail itself of same and any sub-
sequent breach thereof.
Lessee shall have the right to terminate this Lease at
any time during the Primary Term of Extended Term(s) by .giving
written notice to Lessor within sixty (60) days of the date of
termination, and in that event, all covenants and obligations
of the Lessee shall cease as of the termination date.
EIGHTH: If Lessee shall breach or make default in any
of the conditions, covenants, terms , provisions or agreements
of this Lease, and such breach or default shall continue for
thirty (30) days after notices by Lessor to Lessee, or any
petition or similar pleading under any section of any bank-
ruptcy act shall be filed by or against Lessee, or any insol-
vency proceeding shall be filed by or against Lessee, or if
Lessee makes an assignment for benefit of creditors , or if
Lessee abandons the Premises , Lessor may, if Lessor so elects
but not otherwise, and with or without notice of election,
forthwith terminate this Lease and upon such termination Lessor
shall be entitled to retain all prepaid rent. On any such
termination, Lessee shall surrender possession and vacate
the Premises immediately.
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inspect, alter, repair or change the size of any of Lessor' s
facilities presently in place, if any, within the Premises or
which Lessor may, from time to time in the future, wish to
place therein or permit others to place therein. It is under-
stood and agreed that Lessor in the exercise of any of its
rights with regard to its facilities shall not be responsible
or liable for any interruption or interference of Lessee' s
possession or occupancy of the Premises or for damage to or
repair or replacement of any of Lessee ' s Facilities (including,
without limitation, pavement, landscaping or lighting) damaged
or destroyed or for any other interference, damage,,. replacement
or happening whatsoever, whether similar or dissimilar to any
of the foregoing during the period of construction only.
Furthermore, nothing contained in this Lease shall in any way
affect Lessor's right to grant easements to any other party
over, under or across the Premises, provided that any such
easements shall require that the grantee of the easement may
not interfere with Lessee' s use of the Premises except during
the construction of facilities within the easement by the
grantee, and shall require that the grantee shall reimburse
the Lessee for any damage to or interference with the Lessee' s
facilities during the period of such construction. It is
expressly agreed by Lessee that all its rights under this
Lease are subject and subordinate to Lessor' s rights as set
L
forth in this paragraph.
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parties prior to each such extension, for twelve (12) terms
(the Extended Term(s) ) of five (5) years each. Each such renewal
option shall be exercised by written notice to Lessor during
the last six (6) months of the final year of the then expiring
Term of this Lease. If within three (3) months of each such
option exercise the parties are unable to mutually agree on the
rental for the applicable Extended Term, then this Lease shall
automatically be extended and rent shall be determined in accord-
ance with the following paragraph.
Rent for each year during the first Extended Term if not
mutually agreed to by the parties aforesaid shall be determined
by adding to the rent for the last year of the Primary Term
an amount equal to the average annual percentage increase,
if any, of the Consumer Price Index (as defined herein) during
the Primary Term multiplied by the rent for the last year of
the Primary Term; provided,' however, the rent for each year of
the first Extended Term shall in no event be less than the last
year of the Primary Term. Rent for each year of each successive
Extended Term, if any, shall be determined by adding to the rent
for the last year of the prior Extended Term an amount equal
to the average annual percentage increase, if any, of the
Consumer Price Index during the prior Extended Term multiplied
by the rent for the last year of the prior Extended Term; pro-
vided, however, in no event shall the annual rent in any Ex-
tended Term be less than the rent in the last year of the prior
Extended Term.
I
` L'
If the manner in which such Consumer Price Index is de-
termined by the Department of Labor shall be substantially re-
vised, an adjustment shall be made in such revised index which
would produce results equivalent, as nearly as possible, to
those which would have obtained if the Consumer Price Index had
not been so revised. If the 1967 average shall no longer be
used as an index of 100, such change shall constitute a sub-
stantial revision. If the Consumer Price Index shall become
unavailable to the public because publication is discontinued,
or otherwise, Lessor will substitute therefor, a comparable
index based upon changes in the cost of living or purchasing
power of the consumer dollar published by any other govern-
mental agency, or if no such index shall be available then a
comparable index published by a major bank or other financial
institution or by a university or a recognized financial
publication.
As soon as reasonably feasible after the expiration of
the Primary Term Lessor shall furnish Lessee with a statement
showing the Consumer Price Index for the Primary .Term and the
amount of the rent adjustment determined by the aforesaid formula.
ELEVENTH: This Lease shall inure to the benefit of and
be binding upon the successors and assigns of the parties here-
to; provided, however, Lessee may not assign or transfer its
rights hereunder or sublet the Premises or any part thereof or
permit occupancy of the Premises or any part thereof by any other
party without in each case the prior written consent of Lessor,
which consent may be arbitrarily withheld. Any attempted
i
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11C.5JCC `J LL.7C V1 L.ilC .0J 1.L.LZ.7 7 Ji1C111 LG 111 L.ViILjl11Ci11VG Vy1L11 uli
applicable laws and ordinances. Lessee ' s rights under this
Lease are subject and subordinate to all mortgages on the
Premises, whether now or hereafter existing. Lessee agrees
to furnish such additional evidence of subordination as from
time to time requested by Lessor.
THIRTEENTH: Any notice to be given or required in con-
nection with this Lease shall be in writing, and may be given
by certified or registered mail, and if so given shall be deemed
to have been served upon posting such notice, properly addressed
and with postage prepaid in the United States mail. Any notice
given otherwise than by certified or registered mail shall be
deemed to have been served when received by the party to whom
it is addressed. All notices shall be given to the parties
hereto at the following addresses'
If to Lessor: Northern Illinois Gas Company
c/o Peal Estate Department
P. O. Box 190
Aurora, Illinois 60507
If to Lessee : James C. Caraher
Caraher Corporation
135 South LaSalle Street
Chicago, Illinois 60603
FOURTEENTH: Lessee shall maintain the Premises during the
Term(s) of this Lease in a clean and sightly condition, and at
all times free from mechanics liens or claims therefor. Prior
to commencement of any work on the Premises by Lessee from
,which mechanics lien rights might accrue, Lessee shall secure
Lessor to the reasonable satisfaction of Lessor, by the bonding,
security deposit or otherwise, against the possibility of
mechanics liens or claims therefor. 1�
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to any award made for such taking.
SIXTEENTH: Lessee shall from time to time upon request
of Lessor promptly deliver to Lessor a written statement in
form and content reasonably satisfactory to Lessor certifying
as to the validity and force and effect of this Lease, the
date to which rental is paid, the absence of default by Lessor
and such other matters requested by Lessor.
IN WITNESS WHEREOF, each of the parties have caused this
instrument to be executed and their seals hereto affixed by
the proper officer of said party thereunto duly authorized as
of the-. day and year first above written. --
NORTHERN ILLINOIS GAS COMPANY,
an Illinois Corporation, Lessor
BY.
Senior Vice President
ATTEST:
Assistant Secretary
JAI-'-S C. CARAHER, Lessee
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1`a PLOT_ PLAL
Demised Premises / 0CL
as document No. R64-6153 in DuPage Coilnty, Illinois.
ALSO KNOWN AS '
That part of the Northeast Quarter of Section 28, Township 39
North, Range 11, East of the Third Principal Meridian, being more
fully described as follows, to-wit: Commencing at the Northeast
Corner of the Northeast Quarter of said Section 28; thence North
87 degrees 20 ninutes '12 seconds West, along the North line of
Section 28, a distance of 634. 15 feet to a point; thence leaving
said North line of Section 28 and continuing along the Southerly
right of way line of 22nd Street (Cermak Road) and South 89 degrees
50 minutes, 02 seconds West, a distance of 163.74 feet to the
place of beginning, thence continuing along said Southerly right
of way of said 22nd Street (Cermak Road) South 89 degrees 50
minutes 02 seconds gest a distance of 60.14 feet to a point of
cu thence along a curve and still along said Southerly right
of way line of 22nd Street, said curve being convex Northerly
having a radius of 3719. 83 feet, a distance of 305. 77 feet to a
pont thence South 03 degrees 12 minutes 27 seconds East, a distance
of 674. 34 feet to a point on a curve said point-being 82.5 feet
Northerly (as measured radially) from the North right of way of
the Northern Illinois Toll Highway thence along a curve which
is 82.5 feet Northerly (as measured radially) from the North right
of way of the Northern Illinois Toll Highway, said curve being
convex Northerly and having a radius of 5937.08 feet, a distance
of 337.48 feet to a point thence North 00 degrees 34 minutes 08
seconds East, a distance of 585.97 feet to the place of beginning
all in DuPage County, Illinois.
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the general location of the property being at the south side of 22nd Street directly
east of its intersection with Butterfield Road, Oak Brook, Illinois.
SECTION 3: (a) The applicable rules and regulations of Section XI (D) (7) of
Ordinance No. G-60, as amended, the "Zoning Ordinance of the Village of Oak Brook,
Illinois, of 1966" are hereby varied to exclude the requirement under said Section XI
(D) (7) of Ordinance No. G-60, as amended, to provide for three off-street loading
berths in the development of the Subject Property as proposed, as the same would
otherwise be required under said regulations, provided however, that:
1. That the use shall be for a small scale, multi-tenant office facility,
divided into individual small self-contained units of approximately
1,000 square feet or combinations to satisfy the needs of larger
users; and
2. The Subject Property shall be developed in substantial conformance
with that certain development plan dated September 20, 1977, and
prepared by Eichsteadt Architects, for Fifield, Palmer and
Filippini, developers.
SECTION 4: This Ordinance shall be in full force and effect from and after its
passage and approval as by Statute in such case made and provided. This Ordinance
shall be published in pamphlet form.
SECTION 5: All ordinances, rules, and regulations of the Village of Oak Brook which
are in conflict with the provisions of this Ordinance, are hereby repealed to the
extent of the conflict, and only as they apply to the territory hereinbefore
described.
SECTION 6: If any section, subsection, sentence, clause, or phrase of this Ordinance
is for any reason held to be invalid, such determination shall not affect the validity
of any remaining portion of this Ordinance.
PASSED this �54- day of 1977. 1
AYES: r/ ;
NAYS: p
ABSENT:
APPROVED this n 54 day of �}� - , 1977.
President
ATTEST:
Village Clerk
Filed in the Office of the Village Clerk and published in pamphlet form by authority
of the President and Board of Trustees of the Village of Oak Brook this day
of 1977.
Village Clerk
APPROVED as to form
#VilZAttornyey
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