S-392 - 12/13/1977 - AGREEMENT - Ordinances ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT
AGREEMENT BETWEEN FRANCHISE REALTY INTERSTATE CORPORATION,
McDONALD'S CORPORATION, AND THE VILLAGE OF OAK BROOK, DU PAGE
AND COOK COUNTIES, ILLINOIS
WHEREAS, a certain Amendment Agreement between the Village of
Oak Brook, Du Page and Cook Counties, Illinois, and Franchise Realty Interstate
Corporation, an Illinois corporation, and McDonald's Corporation, a Delaware
corporation, has been presented to, read, and considered by the Corporate
Authorities of the Village of Oak Brook; and
WHEREAS, said Corporate Authorities agree to permit the continued
use of a heliport subject to all the terms and conditions of said Amended
Agreement; and
WHEREAS, the Corporate Authorities of the Village of Oak Brook deem
the passage of this Ordinance to be in the best interest and in furtherance of 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, that:
SECTION l: The provisions of the preamble hereinabove set forth are hereby
restated herein as though herein fully set forth.
SECTION 2: The President of the Village of Oak Brook is hereby authorized,
empowered, and directed for and on behalf of the Village of Oak Brook to execute
that certain Amendment Agreement between the Village of Oak Brook, Du Page
and Cook Counties, Illinois; Franchise Realty Interstate Corporation, an Illinois
corporation; and McDonald's Corporation, a Delaware corporation, in the form
presented to, read, and considered by the Corporate Authorities of the Village of
Oak Brook, a copy of which Amendment Agreement is attached to this Ordinance,
as Exhibit A hereof, and by this reference is incorporated herein as though herein
fully set forth.
SECTION 3: The Village Clerk is hereby authorized and directed to attest to the
execution of said Amendment Agreement, affix the Village Seal thereto, and to
certify the passage of this Ordinance, all as otherwise provided by the Ordinances
of the Village of Oak Brook and the laws of the State of Illinois.
SECTION 4: All ordinances, rules, and regulations of the Village of Oak Brook
which are in conflict with the provisions of this Ordinance are hereby repealed
solely to the extent of the conflict.
SECTION 5: 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.
SECTION 6: This Ordinance shall be in full force and effect from and after its
passage and approval as provided by law. This Ordinance shall be published in
pamphlet form.
PASSED this da y
.� of L4,.z&L4- - , 1977.
AYES:
NAYS: .L
ABSENT: j
APPROVED this day of n. Q jy,, , 1977.
President Pro Tem
ATTESTS
E
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
0&,e 11977.
Village Clerk
APPROVED as to form
allt�,
Attorn
-2-
AMENDMENT AGREEMENT
r
THIS IS AN AGREEMENT dated �an,,= }E 1� , 1977, between
the VILLAGE OF OAK BROOK, an Illinois municipal corporation (hereinafter
referred to as "Oak Brook"), FRANCHISE REALTY INTERSTATE CORPORATION,
an Illinois corporation (hereinafter referred to as "Franchise"), and McDONALD'S
CORPORATION, a Delaware corporation (hereinafter referred to as "McDonald's").
WITNESSETH:
WHEREAS, by Instrument dated October 26, 1976, the parties entered
into an Agreement covering the construction and operation of a heliport on the roof
of a eight-story building owned by Franchise situated on property commonly known
as 2111 McDonald's Plaza, Oak Brook, Illinois, such property being more
particularly described in the preamble of the aforementioned Agreement; and
WHEREAS, the operational term of the aforementioned Agreement was
expressly limited under Paragraph 6 thereof to a one-year period of time
commencing on November 29, 1976, and ending on November 29, 1977; and
WHEREAS, Franchise and McDonald's are desirous of extending the
operational term of the aforementioned Agreement under Paragraph 6 thereof; and
WHEREAS, in connection with such extension of the operational term,
Oak Brook is desirous of incorporating within the aforementioned Agreement
certain additional terms and conditions.
NOW, THEREFORE, in consideration of the foregoing and the mutual
promises and conditions hereinafter set forth, the parties hereby amend the
aforementioned Agreement, effective on the date first herein specified, as follows:
1. Paragraph 6 is deleted in its entirety and the following language is
substituted in its stead:
6. Duration:
The rights hereunder accruing to Franchise and McDonald's with
respect to its or their construction and operation of the heliport facility
shall be effective for so long as Franchise and McDonald's diligently and
faithfully comply with all of the terms and conditions of this
Agreement. It is further expressly agreed that those rights apply
exclusively to the land and building described in the preamble to this
Agreement and for only so long as McDonald's continues, without
interruption, to occupy said building as its principal executive and
administrative headquarters.
2. Paragraphs 8 and 9 are added as follows:
S. Personal Nature of the Agreement:
This Agreement shall be construed as personal between the parties
and neither this Agreement nor any part thereof shall be construed as
running with the land.
9. Prohibition Against Assignment:.
Neither this Agreement nor any part thereof shall be assigned or
otherwise transferred. Any assignment or other transfer of rights in
contravention of this provision shall be void.
THE AFOREMENTIONED AGREEMENT, as hereby amended, is
confirmed and continued.
IN WITNESS WHEREOF, the parties have hereto set their hands and
seals,on the date and year first above written.
VILLAGE OF OAK BROOK
By:
%President/
ATTEST:
Villa:gk Clerk
FRANCHISE REALTY INTERSTATE
CORPORATION
ATTEST:
i McDONALD'S CORPORATION
By:
ATTEST:
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