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S-761 - 09/28/1993 - ZONING - Ordinances ORDINANCE 93-SD-IP-E2-S-761 AN ORDINANCE APPROVING AN AMENDMENT TO IMPROVEMENT PLAN FOR PHASE 2 IN ACCORDANCE WITH THE PROVISIONS OF SECTION X(D) OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK AND IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE VI (A) OF THE SUBDIVISION REGULATIONS OF THE VILLAGE OF OAK BROOK RELATIVE TO DEVELOPMENT OF PROPERTY COMMONLY KNOWN AS THE G.H.Q. PROPERTY WHEREAS, pursuant to the provisions of Section X(D) of the Zoning Ordinance of the Village of Oak Brook, the corporate authorities approved Development Plans and Amendments to said Plan by passage of Ordinance S-409, S-564 and S-689, respectively, for development of the subject property described in Section 3 below; and WHEREAS, pursuant to the request of the owner of the subject property, McDonald's Corporation, the Village has previously approved Improvements Plans for Phases IA, 1B and 2 of the subject property by means of Ordinance S-477, S-566 and S-690; and WHEREAS, the owner of the subject property, McDonald's Corporation, has petitioned the Village to further amend the Improvement Plans for said subject property; and WHEREAS, the Plan Commission of the Village has recommended its approval of said petition as consistent with the Zoning Ordinance and Subdivision Regulations of the Village, and, as further consistent with the Development Plan as amended and approved for the subject property; and WHEREAS, the corporate authorities have reviewed said petition and concur with the recommendation of the Plan Commission for approval of amendment subject to the provisions of this ordinance; 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: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That the Amended Improvement Plan to be hereinafter referred to for the sake of convenience referenced only as "McDonald's Corporation Office Campus - Amended Phase 2 Improvement Plan" prepared by Antunovich Associates, as last revised per Sheet No. 2 (Revised 9/9/93) ; Sheet No. 3 (Revised 9/9/93) ; Sheet No. 15 (Revised 9/23/93) ; and Sheet No. ABG-2 (Revised 7/30/93), be and is hereby approved as consistent with the provisions of l Ordinance 93-SD-IP-E2-S-761 Amendment to Improvement Plan G.H.Q. Property Page 2 Section X(D) of the Zoning Ordinance of the Village of Oak Brook and Article VI(A) of the Subdivision Regulations of said Village. The provisions of said Amended Improvement Plan as listed in and as further detailed in the drawings listed in the attached Exhibit "A" are hereby incorporated by reference herein as though fully set forth herein. In the event of any conflict between any of said provisions of said Amended Improvement Plan or the drawings listed in Exhibit "A" hereto and this ordinance, the provisions of this ordinance herein set forth shall control and supersede any such inconsistent provisions. Section 3: That the approval of the Amended Improvement Plan set forth in Section 2 of this ordinance is specifically limited to the property described as: Lot 1 in Butler G.H.Q. Subdivision, being a subdivision of part of Section 26, Township 39 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded August 6, 1980 as Document R80-44966 in DuPage County, IL. Permanent Parcel Nos. 06-26-401-008, 06-26-401-009 and 06-26-401-010; and Lot 1 of McDonald's Autumn Oaks Subdivision being a subdivision of part of Section 26, Township 39 North, Range 11 East of the Third Principal Meridian in DuPage County, IL, and recorded on June 22, 1990 as Document No. R90-77300. Permanent Index No. 06-26-102- 008. Section 4: That the provisions of this ordinance and Village approval hereof are without prejudice to the Village's rights to require additional public improvements as defined in Section 2(J) of Article XI(A) of the Subdivision Regulations of the Village in connection with the approval of any subsequent phase or subphase improvement plan, other development, or resubdivision of the property described in Section 3. Section 5: That the "Improvement Agreement (for) McDonald's Corporation Office Campus - Amended Phase 2", a copy of which is attached hereto as Exhibit "B", be and the same is hereby approved and is hereby made a part of this ordinance. By such approval, the Village President and Village Clerk are hereby authorized and directed to execute said Improvement Plan Agreement. Section 6: That the approval of the McDonald's Corporation Office Campus - Amended Phase 2 Improvement Plan granted in Section 2 hereof be and is hereby expressly subject to the following conditions and stipulations: A. That approval granted for the construction of the proposed surface parking lot in Building Bubble B will automatically expire on December 31, 1994 unless construction of said lot is substantially completed by said date; B. That the approval granted for the construction of proposed surface parking lots in Building Bubbles D, E and G will automatically Ordinance 93-SD-IP-E2-S-761 Amendment to Improvement Plan G.H.Q. Property Page 3 expire on December 31, 1995 unless construction of said lots is substantially completed by said date; C. That the approval granted for the seasonal tent in Building Bubble D is subject to the condition that said tent be erected, maintained and utilized only during the period between April 1 and October 31 of each year; D. That the four-year period provided for the purpose of performing any McDonald's construction obligations, including without limitation any construction obligations under the terms of either Article VI-A or the Village's Subdivision Regulations- or under the terms of any Improvement Agreement, are deemed to be re-set and shall be deemed to have re-commenced as of the date of this ordinance. E. That any improvements comprising McDonald's Corporation Office Campus - Amended Phase 2 Improvement Plan be constructed in substantial conformance with the plans and specifications set forth in Exhibit "A". Said plans and specifications are hereby approved. F. That previously approved development and improvement plans applicable to the property described in Section 3 (including the underlying submissions and documentation approved in connection therewith) will remain in effect except to the extent the same are inconsistent with the approvals conferred by this ordinance. Section 7: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. Section 8: The Village Clerk is hereby authorized and directed to certify the approval of the McDonald's Corporation Office Campus - Amended Phase 2 Improvement Plan by the Village Board upon the filing by McDonald's Corporation of a duly executed "Improvement Agreement McDonald's Corporation Office Campus Amended Phase 2" in the form attached hereto as Exhibit B. Notwithstanding anything contained herein to the contrary, McDonald's Corporation shall not proceed with any work respecting Lot 1 in McDonald's Autumn oaks Subdivision pursuant to that certain July 24, 1990 "Improvement Agreement McDonald's Corporation Office Campus Phase 2" between McDonald's Corporation and the Village until the terms and conditions set forth therein, including without limitation those set forth in Section 2 thereof, have been satisfied. PASSED THIS 28th day of September , 1993. Ii Ordinance 93-SD-IP-E2-S-761 Amendment to Improvement Plan G.H.Q. Property Page 4 Ayes: Trustees Bartecki, Kenny, McInerney, Payovich, Shumate and Skinner Nays: None Absent: None Abstain: None APPROVED THIS 28th day of September 1993. Vi lage President ATTEST: Villag Clerk AW d as to Form: Village Attorney Published Date Paper Not Published XX Applicant: McDonald's Corporation Address: Mrllnnala'c Plaza_ flak 'Brook, IL PIN iln6 6- - X606-26-401-009 #06-26-401-010 406-26-102-008 EXHIBIT A SHEET NO. DRAWING DESCRIPTION DATE LAST REVISED Drawing No. 2 Phase 2 Improvement Plan Revised 9/9/93 Drawing No. 3 Phase 2 Improvement Plan with Revised 9/9/93 Development Plat Building Bubbles Drawing No. 15 Phase 2 Improvement Plan, Proposed Revised 9/23/93 Parking Lot Plans Drawing No. ABG-2 As-Built Drawing Grading Plan Revised 7/30/93 I 1 i EXHIBIT B IMPROVEMENT AGREEMENT MCDONALD'S CORPORATION OFFICE CAMPUS AMENDED PHASE 2 THIS AGREEMENT, made and entered into as of the 28th day of September, 1993, by and between the VILLAGE OF OAK BROOK, an Illinois municipal corporation, having its office at 1200 Oak Brook Road, Oak Brook, IL 60521, (hereinafter called "Village") , and McDONALD'S CORPORATION, a Delaware corporation having its principal office at Oak Brook, IL 60521 (hereinafter called "McDonald's") . W I T N E S S E T H WHEREAS, in compliance with the Village's Subdivision Regulations and pursuant to the Development Plan and Plat approved by the Village's Ordinance No. S-409, as amended by Ordinance Nos. S-564 and S-689, McDonald's has submitted to the Village and the Village has approved an Improvement Plan entitled "McDonald's Corporation Office Campus - Amended Phase 2 Improvement Plan" consisting of the materials listed on the schedule designated as Exhibit I attached thereto (hereinafter called the "Amended Phase 2 Improvement Plan") respecting the "Property" legally described on Exhibit II; and WHEREAS, the Village's approval of said McDonald's Corporation Office Campus - Amended Phase 2 Improvement Plan requires the execution and delivery of this Agreement; NOW, THEREFORE, it is mutually agreed as follows: 1. McDonald's acknowledges that Village's execution of this Agreement and Village's approval of said Amended Phase 2 Improvement Plan are without prejudice to Village's rights to require additional public improvements, as defined in Section 2(J) of Article VI-A of the Village's Subdivision Regulations, as amended from time to time, in connection with approval of any subsequent phase or subphase improvement plan, other development or resubdivision of the property. 2. No public improvements are required to be constructed or installed in connection with the work described on Exhibit I, with the result that no bonds or evidence of insurance need be posted by McDonald's with the Village respecting such work. However, McDonald's will pay the Village's customary plan review and inspection fees in a timely manner. 3. Notwithstanding anything contained herein to the contrary, previously approved development and improvement plans applicable to the property shall remain in effect except to the extent the same are inconsistent with this Agreement. The parties acknowledge and agree that none of the work described in that certain July 24, 1990 "Improvement Agreement, McDonald's Corporation Office Campus - Phase 2" between McDonald's and the Village may be commenced until said July 24, 1990 Improvement Agreement has been amended by i - 1 - f agreement of the parties to set forth in full the provisions reasonably required by the Village to be included in an Improvement Plan Agreement together with the payment to the Village of its required Plan Review and Inspection Fees and the deposit with the Village of the required bond and evidence of the required insurance in accordance with the provisions of the Village's ordinances at the time of such amendment of said July 24, 1990 Improvement Agreement. 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 this Agreement, all as of the date first above written. VILLAGE OF OAK BROOK, an Illinois municipal corporation By: ,i Preient� ATTEST: 41erk � %O`�' q p Villa e 4�R?Oq���7 MCDONALD'S CORPORATION, a Delaware corporation ;a f By: MICHAEU/J. ISE ATTEST: ASSISTANT V)CE P SIDENT E Assistant Secretary J � a i 2 - i EXHIBIT I SHEET NO. DRAWING DESCRIPTION DATE LAST REVISED Drawing No. 2 Phase 2 Improvement Plan Revised 9/9/93 Drawing No. 3 Phase 2 Improvement Plan with Revised 9/9/93 Development Plat Building Bubbles Drawing No. 15 Phase 2 Improvement Plan, Proposed Revised 9/23/93 Parking Lot Plans Drawing No. ABG-2 As-Built Drawing Grading Plan Revised 7/30/93 3 - EXHIBIT II LEGAL DESCRIPTION OF THE PROPERTY Lot 1 in Butler G.H.Q. Subdivision, being a subdivision of part of Section 26, Township 39 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded August 6, 1980 as Document R80-44966 in DuPage County, IL. Permanent Parcel Nos. 06-26-401-008, 06-26-401-009 and 06-26-401-010; and Lot 1 of McDonald's Autumn Oaks Subdivision being a subdivision of part of Section 26, Township 39 North, Range 11 East of the Third Principal Meridian in DuPage County, IL, and recorded on June 22, 1990 as Document No. R90-77300. Permanent Index No. 06-26-102- 008. - 4 -