R-878 - 04/27/2004 - SUBDIVISION - Resolutions Supporting Documentsa
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AGENDA ITEM
Regular Board of Trustees Meeting
of
April 27, 2004
SUBJECT: 700 -800 Commerce Drive, Final Plat of Resubdivision and Variation
FROM: Kenneth T. Kubiesa, Village Attorney
BUDGET SOURCE/BUDGET IMPACT: None
RECOMMENDED MOTION: I move to pass Resolution 2004- SD- R -FP -R -878, A
RESOLUTION APPROVING THE FINAL PLAT KNOWN AS 700 -800 COMMERCE
DRIVE RESUBDIVISION AND GRANTING A VARIATION FROM THE
PROVISIONS OF SECTION 6 -3 -J OF TITLE 14 ( "SUBDIVISION REGULATIONS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO
MONUMENTS AND MARKERS.
Background/History:
This resolution approves the final plat of resubdivision for 700 -800 Commerce Drive and grants
a variation from the subdivision regulation requiring iron monumentation on the lot lines. The
Plan Commission approved the resubdivision and found that because of the developed nature of
the property, it would be impractical and a hardship to require iron monumentation.
Recommendation:
I recommend that this ordinance be passed.
Last saved by Default J \WORDDOC\BOARD MEMOS \Commerce memo doc
Last printed 4/23/2004 9 43 AM '
5. G. ORDINANCE 2004- ZO -TA -G -747, AN ORDINANCE AMENDING ARTICLE D
(OFFICE DISTRICT) OF CHAPTER 10 (OFFICE- RESEARCH - ASSEMBLY
DISTRICTS) OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE
CODE OF THE VILLAGE OF OAK BROOK ADDING A SPECIAL USE
H. ORDINANCE 2004- ZO -SU -EX 1 -S -1068, AN ORDINANCE GRANTING A
SPECIAL USE TO THE MARRIOTT HOTEL FOR AN OUTDOOR DINING
AREA ADJACENT TO A RESTAURANT ( 140122 ND STREET)
I. RESOLUTION 2004- SD- R- FP -EX1 -R -878, A RESOLUTION APPROVING THE
FINAL PLAT KNOWN AS 700 -800 COMMERCE DRIVE RESUBDIVISION
AND GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 6 -3 -J
OF TITLE 14 ( "SUBDIVISION REGULATIONS ") OF THE VILLAGE CODE OF
THE VILLAGE OF OAK BROOK RELATIVE TO MONUMENTS AND
MARKERS
6. ITEMS REMOVED FROM CONSENT AGENDA:
5. D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS:
1) TELEPHONE SYSTEM CONSULTANT - RFP
Trustee Korin explained that this was an authorization to seek a telephone consultant to
replace the telephone system for the Village. She voiced her concern of the $35,000 cost
for this not being budgeted for this year nor the telephone system. She stated Manager
Boehm explained that this process to determine the needs of the system and going out to
bid would take approximately six months. If the Board approved this at this point, the
payment of the system could be deferred until next year or the purchase of the system.
She asked for the Board's opinion of this proposal. Trustee Zannis asked that this be
deferred until 2005.
Trustee Yusuf stated he felt there would be a fairly quick payback on this of four years
and the system will be better. Manager Boehm indicated it is an unbudgeted item but that
this will be cost savings to the Village in addition to the upgrade in technology. This
matter has been deferred several times prior but staff felt maybe for the Board's
consideration to at least move on the process of the analysis to be ready for bid and the
next round of 2005 budget discussion.
Trustee Aktipis noted that he does not have enough information to determine whether this
is appropriately budgeted and studied properly. Manager Boehm explained that a
consultant would analyze the type of main frame that is appropriate for the system.
President Quinlan explained that the proposal is a request for bids to determine the cost
VILLAGE OF OAK BROOK Minutes Page 3 of 15 April 27, 2004
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VILLAGE OF OAK BROOK
Interoffice Memorandum
DATE: September 24, 2004
TO: Richard B. Boehm
Kenneth T. Kubiesa
Linda K. Gonnella
Dale L. Durfey
Robert L. Kallien
Alice Filinovich
FROM: Linda Andrys
SUBJECT: Recorded Documents
The following documents were recorded on September 15, 2004 at the DuPage County Recorder's
Office:
1. OPERATION AND EASEMENT AGREEMENT
700 -800 Commerce Drive Resubdivision
700 and 800 Commerce Drive, Oak Brook, IL 60523
PIN #06 -24- 304 -001 and #06 -23- 404 -017
R2004- 242231 Recording Fee: $42.00 G /L# to be Charged: 10 -1365
2. RESOLUTION 2004- SD- R -FP -R -878
700 -800 Commerce Drive Resubdivision
700 and 800 Commerce Drive, Oak Brook, IL 60523
PIN #06 -24- 304 -001 and 906 -23- 404 -017
R2004- 242232 Recording Fee: $18.00 G /L# to be Charged: 10 -1365
3 700 -800 Commerce Drive Resubdivision (Final Plat)
700 and 800 Commerce Drive, Oak Brook, IL 60523
PIN #06 -24- 304 -001 and #06 -23- 404 -017
R2004- 242233 Recording Fee: $57 00 G/L# to be Charged: 10 -1365
Plat Certification Fee: $2 00 G /L# to be Charged: 10 -1365
4. LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND
Ms. Jean Keeley
15 Natoma Drive, Oak Brook, IL 60523
PIN #06 -35- 207 -014
R2004- 242234 Recording Fee: $18.00 G/L# to be Charged: 10 -1365
/RECDOC /2004- RECMEMO -09 -24 doc4
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Village of
Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523 -2255
Websrte
www.oak - brook.org
Administration
630 990 3000
FAX 630 990 0876
Community
Development
630 990 3045
FAX 630 990 3985
Engineering
Department
630 990 3010
FAX 630 990 3985
Fire Department
630 990 3040
FAX 630 990 2392
Police Department
630 990 2358
FAX 630 990 7484
Public Works
Department
630 990 3044
FAX 630 472 0223
Oak Brook
Public Library
600 Oak Brook Road
Oak Brook, IL 60523 -2200
630 990 2222
FAX 630 990 4509
Oak Brook Sports Core
Bath & Tennis Club
700 Oak Bi ook Road
Oak Brook, IL 60523 -4600
630 990 3020
FAX 630 990 1002
Golf Club
2606 York Road
Oak Brook, IL 60523 -4602
630 990 3032
FAX 630 990 0245
November 12, 2004
Pachter, Gregory & Finocchiaro, P.C.
790 Estate Drive, Suite 150
Deerfield, Illinois 60015
Re: Recorded Documents on 9- 15 -04:
OPERATION & EASEMENT AGREEMENT
RESOLUTION 2004- SD- R -FP -R -878
700 -800 COMMERCE DRIVE (Final Plat)
700 and 800 Commerce Drive
Oak Brook, Illinois 60523
Dear Sirs:
r7
to
R
R2004- 242231
R2004- 242232
R2004- 242233
Copies of the above noted recorded documents are enclosed for your information.
These are important records and should be retained in a secure area within your
files.
If you need any further assistance in this matter, feel free to contact me at 630-
990 -5770 on Monday through Friday from 9am to 5pm.
Sincerely,
Linda M. Andrys
Records Management Clerk
/lma
Enclosures
cc: Dale L. Durfey, Jr., Village Engineer
Robert L. Kallien, Jr., Director of Community Development
Official Files ✓ R - $ q 9
/RECDOC /2004- RECLTR- SD -RESUB -700 +800 COMMERCE DR
6
J.P. "RICK" CARNEY
DUPAGE COUNTY RECORDER
SEP.IS,IOOi 326 PM
OTHER 06 -20- 304 -001
004 PAGES H2O04- 242232
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, Illinois 60523 -2255
RECORDED DOCUMENT TITLE PAGE
Title of Document RESOLUTION 2004- SD- R -FP -R -878 A RESOLUTION APPROVING THE FINAL
PLAT KNOWN AS 700 -800 COMMERCE DRIVE RESUBDIVISION AND GRANTING A VARIATION
FROM THE PROVISIONS OF SECTION 6 -3 -J OF TITLE 14 ( "SUBDIVISION REGULATIONS ") OF
THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO MONUMENTS AND
Property Address /es 700 AND 800 COMMERCE DRIVE OAK BROOK ILLINOIS 60523
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 )
®&-,—.?-Lja30L4r 601 0 (o ;1-3 --L1®4- 0tq
Pin /s Number - - - AND -6 4 3
Name & Address of Applicant OAK BROOK POINTE, LLC and PETULA OAK BROOK POINTE, C/O
PRINCIPAL REAL ESTATE INVESTORS LLC 801 GRAND AVENUE DES MOINES IA 50392
Name & Address of Responsible
Party to Receive Recorded
Document and Billing -
G/L Account # to be Charged
PACHTER GREGORY & FINOCCHIARO P C.
790 ESTATE DRIVE SUITE 150
DEERFIELD IL 60015
10 -1365
Prepared By- Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Name & Address of Recipient
of Consideration (when applicable) -
G/L Account # to be Charged
Return To Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
NET
RESOLUTION 2004— SD— R —FP -R -878
A RESOLUTION APPROVING THE FINAL PLAT
KNOWN AS 700 -800 COMMERCE DRIVE RESUBDIVISION
AND GRANTING A VARIATION FROM THE PROVISIONS OF
SECTION 6 -3-J OF TITLE 14 ( "SUBDIVISION REGULATIONS ") OF
THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO MONUMENTS AND MARKERS
(700 and 800 Commerce Drive)
06 -23- 404 -017, 06 -24- 304 -001
WHEREAS, the Plan Commission of the Village of Oak Brook, on January 19, 2004,
recommended the approval of the proposed 700 -800 Commerce Drive Resubdivision, and
WHEREAS, the property at 700 -800 Commerce Drive is legally described as follows:
LOT 1 IN OAK BROOK'S EASTERN AIR LINES INCORPORATED SUBDIVISION OF PART
OF LOT 1 IN BUTLER COMPANY -M -1 INC. ASSESSMENT PLAT NO. 1 OF PARTS OF
SECTIONS 23 AND 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN DUPAGE COUNTY, ILLINOIS, and
WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the
Subdivision Regulations for the Village of Oak Brook in Title 14 of the Village code; and
WHEREAS, Section 14 -7 -4 of the Village Code sets forth the authority and standards of the
granting of variations to the Subdivision Regulations, and
WHEREAS, the owners of the property at 700/800 Commerce Drive, Oak Brook Pointe, LLC, a
Delaware limited liability company, and Petula Oak Brooke Pointe, a Delaware limited liability company,
have submitted a petition for a variation to Section 14 -6 -3 J of the Subdivision Regulations relative to the
requirement for iron pipe monumentation; and
WHEREAS, on March 15, 2004, the Plan Commission reviewed the petition for variation and
recommended approval of the variation, and
WHEREAS, in making this recommendation, the Plan Commission found that the applicant had
addressed the applicable standards required for a variation to the subdivision regulations; and
WHEREAS, the Plan Commission found that because of the developed nature of the property, it
would be a hardship to require iron pipe monumentation, and
WHEREAS, the Village President and Board of Trustees have considered the recommendations
of the Plan Commission and concur with same; and
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 - That the Final Plat of Subdivision known as 700 -800 Commerce Drive Resubdivision
prepared by Edward J Molloy & Associates, Ltd , P.L S. #1617, dated February 3, 2004 be and is hereby
approved
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Resolution 2004- SD- R -FP -R -878
Approving Final Plat Resubdivision
700 -800 Commerce, 06 -23- 404 -017,
06 -24- 304 -001 Page 2 of 2
Section 2- That approval of the final Plat 700 -800 Commerce Drive Resubdivision as per Section
1 hereof be and is hereby expressly subject to and is not effective until the following conditions are met
1) that the final plat be revised and approved by the Village engineer, and
2) final legal approval of all relevant documents
Section 3 That all requirements, conditions and standards of the Subdivision Regulations of the
Village of Oak Brook shall be applicable to the resubdivision and development of said 700 -800
Commerce Drive Resubdivision.
Section 4 That a variation to Section 6 -3 -J of the Subdivision Regulations is hereby granted
waiving the requirement for iron pipe monumentation.
Section 5• This resolution shall be in full force and effect from and after its passage, approval and
publication as required by law.
Section 6 All resolutions or parts thereof in conflict with the provisions of this resolution be and
the same are hereby repealed to the extent of such conflict.
APPROVED THIS 27th day of April, 2004
Villag President
PASSED THIS 27th day of April, 2004
Ayes Trustees Aktipis, Korin, Yusuf and Zannis
Nays. None
Absent Trustees Caleel and Craig
ye,, �'1
A1`TS''`�r
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STATE OF ILLINOIS )
SS.
COUNTIES OF COOK AND DUPAGE )
I, Linda K. Gonnella, do hereby certify that I am the duly elected and acting
Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois.
I DO FURTHER CERTIFY that on April 27, 2004 the corporate
authorities of the above municipality passed and approved
Resolution 2004- SD- R -FP -R -878 ,
A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS 700 -800 COMMERCE DRIVE
RESUBDIVISION AND GRANTING A VARIATION FROM THE PROVISIONS OF
SECTION 6 -3 -J OF TITLE 14 ( "SUBDIVISION REGULATIONS ") OF THE VILLAGE
CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO MONUMENTS AND MARKERS
(700 and 800 Commerce Drive) 06 -23- 404 -017, 06 -24-X4 -001
I DO FURTHER CERTIFY that the original documents, of which the
annexed copy is a true copy, is entrusted to my care for safekeeping and I am the
keeper of the same.
I DO FURTHER CERTIFY that I am the keeper of the records, journals,
entries, resolutions, ordinances and documents of the said Village of Oak Brook,
DuPage and Cook Counties, Illinois.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of the Village of Oak Brook this 14th day of September 20 .
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c>,/ /" 1� c> -in, "g--J
Linda -K. Gonnella, CMC
Village Clerk
Village of Oak Brook
DuPage and Cook Counties, IL
J.P. "RICK" CARNEY
OUPAGE COUNTY RECORDER
SEP.IS,IOOi 3:26 PM
OTHER 06 -13- 404 -01]
028 PAGES H2O04- 242231
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, Illinois 60523 -2255
RECORDED DOCUMENT TITLE PAGE
Title of Document OPERATION AND EASEMENT AGREEMENT
Property Address /es 700 AND 800 COMMERCE DRIVE OAK BROOK ILLINOIS 60523
(if vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 )
Pin /s Number - AND -
Name & Address of Applicant OAK BROOK POINTE, LLC and PETULA OAK BROOK POINTE, C/O
PRINCIPAL REAL ESTATE INVESTORS LLC 801 GRAND AVENUE DES MOINES IA 50392
Name & Address of Responsible PACHTER GREGORY & FINOCCHIARO P.0
Party,to Receive Recorded 790 ESTATE DRIVE SUITE 150
Document and Billing. DEERFIELD IL 60015
G/L Account # to be Charged 10 -1365
Prepared By Village of Oak Brook Return T - Village of Oak Brook
1200 Oak Brook Road 1200 Oak Brook Road
Oak Brook, Illinois 60523 Oak Brook, Illinois_ 60523
Name & Address of Recipient
of Consideration (when applicable): N/A
G/L Account # to be Charged
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OPERATION AND EASEMENT AGREEMENT
Made by
Oak Brook Pointe, LLC, a Delaware limited liability and Petula
Oak Brook Pointe, LLC, a Delaware limited liability company
THIS DOCUMENT PREPARED BY
AND UPON RECORDING MAIL TO:
Larry H. Pachter
Pachter, Gregory & Finocchiaro, P.C.
790 Estate Drive, Suite 150
Deerfield, IL 60015
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AUG 19 2004 '
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1!N:VILLAGE OF OAK 68001;
,ERMG DEPARTMENT
s
OPERATION AND EASEMENT AGREEMENT
THIS OPERATION AND EASEMENT AGREEMENT ( "OEA ") is made as of the
A�� day of J' C//VC , 2004, by Oak Brook Pointe, LLC, a Delaware limited liability
company and Petula Oak Brook Pointe, LLC, a Delaware limited liability company
(collectively, the "Declarant ").
WITNESSETH:
WHEREAS, Declarant is the Owner of that certain tract of land commonly known
as 700 -800 Commerce Drive, Oak Brook, Illinois (collectively the "Developer Tract ")
legally described in Exhibit B attached hereto;
WHEREAS, the Developer Tract has been developed with two multi -story office
buildings and a two level above - ground parking structure (the "Parking Structure ") as
permitted by applicable codes, ordinances, rules and regulations; and
WHEREAS, on or around the date of the execution and delivery of this OEA,
Declarant will cause the Developer Tract to be legally subdivided into two lots, one
containing the building commonly referred to as 800 Commerce Drive and legally
described on Exhibit B -1 attached hereto (the "800 Lot ") and one containing the building
commonly referred to as 700 Commerce Drive and the Parking Structure and legally
described on Exhibit B -2 attached hereto (the 700 Lot ").
WHEREAS, in order to effectuate the common and independent use and
operation of the 800 Lot and the 700 Lot, Declarant desires to benefit and burden the
Developer Tract with certain easements, covenants and restrictions as provided herein;
NOW, THEREFORE, in consideration of the premises, the covenants and
agreements hereinafter set forth the Declarant provides as follows:
1. Definitions.
A. "Building Area" or "building area" shall mean the limited areas of the
Developer Tract within which buildings may be constructed, placed or located from time
to time.
B. "Common Area" or "common area" shall include all areas within the
Developer Tract other than buildings, as the same may exist from time to time including,
without limitation, the Parking Structure.
C. "Constant Dollars" or constant dollars shall mean the present value of the
dollars to which such phrase refers. An adjustment shall occur on January 1 of the sixth
(6th) calendar year following the date of this OEA, and thereafter at five (5) year intervals.
Constant Dollars shall be determined by multiplying the dollar amount to be adjusted by
a fraction, the numerator of which is the Current Index Number and the denominator of
H \ Users \LPACHTER \Pnncipal\2002 -122 Oak Brook Pointe \OEA(final) doc
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which is the Base Index Number. The "Base Index Number" shall be the level of the
Index for the month during which the OEA is recorded; the "Current Index Number" shall
be the level of the Index for the month of September of the year preceding the
adjustment year, the "Index" shall be the Consumer Price Index for All Urban
Consumers, U.S. City Average, All items published by the Bureau of Labor Statistics of
the United States Department of Labor (base year 1982 -84 =100), or any successor index
thereto as hereinafter provided. If publication of the Index is discontinued, or if the basis
of calculating the Index is materially changed, then the Owners of a majority of the
acreage in the Developer Tract shall substitute for the Index comparable statistics as
computed by an agency of the United States Government or, if none, by a substantial
and responsible periodical or publication of recognized authority most closely
approximating the result which would have been achieved by the Index.
D. "Declarant" shall mean Oak Brook Pointe, LLC, a Delaware limited liability
company and Petula_Oak Brook Pointe, LLC, a Delaware limited liability company, and
their successors and /or assigns.
E. "Interest Rate" shall mean the lesser of (i) the prime rate charged from time
to time by Citibank, N.A. plus two percent (2 %) or (ii) the maximum rate permitted by law.
F. "Occupant" shall mean any person or entity from time to time entitled to the
use and occupancy of any portion of a building in the Developer Tract under an
ownership right or any lease, sublease, license, concession or other similar agreement.
G. "Operator' shall initially mean the Declarant and its successors and /or
assigns or such other Owner as may be agreed to by the Owners owning a majority of
the acreage in the Developer Tract.
H. "Owner" or "owner" shall mean any individual, partnership, corporation,
firm, association, limited liability company, trust or other form of business entity which
holds fee simple title to any Tract within the Developer Tract. Each Owner shall be liable
for the performance of all covenants, obligations and undertakings herein set forth with
respect to the portion of the Developer Tract owned by it, which accrue during the period
of such ownership. Such liability shall continue with respect to any portion of a Tract
transferred until the notice of transfer set forth below is given, at which time the
transferring Owner shall be released from the obligations of this OEA arising subsequent
to the effective date on the transfer notice. An Owner, transferring all or any portion of its
interest in a Tract to a new Owner, shall give notice to all other Owners of such transfer
and shall include therein at least the following information:
(1) the name and address of the new Owner and
(2) a copy of the legal description of the portion of the Tract transferred.
Nothing contained herein to the contrary shall affect the existence, priority, validity
or enforceability of any lien permitted hereunder which is placed upon the transferred
portion of the Tract prior to receipt of the notice.
H 1Users\LPACHTER1Prinapa112002 -122 Oak Brook Pointe\OEA(final) doc
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I. " Permittee" shall mean all tenants, licensees, subtenants, mortgagees and
concessionaires of the respective Tract from time to time and all officers, directors,
employees, agents, contractors, customers, vendors, suppliers, visitors, and invitees of
the foregoing.
J. "Site Plan" shall mean that site plan attached hereto as Exhibit A.
K. "Tract" or "tract" shall mean that portion of the Developer Tract owned by
an Owner.
L. "Utility Lines" shall mean those facilities and systems for the transmission of
utility services, including electrical, natural gas, telephone and other forms of
communication, domestic water, sewage (domestic waste) and drainage and storage of
surface water. "Common Utility Lines" shall mean those facilities and systems which are
installed to provide the applicable service to more than one Tract. "Separate Utility
Lines" shall mean those facilities and systems which are installed to provide the
applicable service to building areas solely on one Tract or the Common Area located
only on one Tract. For the purpose of this OEA, the portion of a Utility Line extending
between a Common Utility Line and a building shall be considered a Separate Utility
Line.
2: Ingress and Egress.
Declarant hereby grants and conveys for the benefit of the Owners, their
Occupants and Permittees, a perpetual, non - exclusive easement for the passage and
accommodation of vehicles, construction equipment and pedestrians over and across the
driveways, sidewalks and parking areas on the Common Areas, as the same may from
time to time be constructed and maintained for such use. No fence or other barrier which
would prevent or unreasonably obstruct the passage of pedestrian or vehicular travel
shall be erected or permitted within or across the Common Area, exclusive of limited
curbing and other forms of traffic control. Nothing herein shall be construed as granting
an easement for parking on the Common Areas of any Tract for the benefit of any other
Tract.
3. Common Area and Building Maintenance.
A. Each Owner shall maintain, or cause to be maintained, the exterior of each
building on its Tract in a good, safe and attractive state of repair and condition. In the
event of a casualty or condemnation, each affected building shall either be restored or
razed in a manner, which will comply with this OEA. In addition to the foregoing, the
exterior of each building shall be maintained in compliance with all applicable
governmental laws, rules, regulations, orders, building codes and ordinances.
B. Subject to the provisions of Section 3C, each Owner shall maintain, or
cause to be maintained, at its sole cost and expense, the Common Areas located on its
Tract (including without limitation' all curbing, sidewalks, parking lots, driveways, utilities,
landscaping, signs, and lighting facilities), in a safe, attractive and good state of repair
H \ Users \LPACHTER \Principal\2002 -122 Oak Brook Pointe \OEA(final) doc
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and condition and in compliance with all applicable laws, rules, regulations, orders,
building codes and ordinances. The maintenance obligations shall include without
limitation: sweeping; restriping, resealing, repaving and resurfacing; snow and ice
removal; debris and refuse removal; utilities for the lighting facilities; cleaning, repairing
and replacing the signs and the lighting facilities, including, without limitation, lamps,
ballasts and lenses; the maintenance, upkeep, replacement and /or repair of any trees,
plantings and landscaping; and the maintenance, cleaning, repair and replacement of
Utility Lines (subject to the provisions of Section 4H hereof). Each Owner shall cause
any unimproved Common Area on its Tract to be mowed and kept litter -free. In the
event of a casualty or condemnation, the affected Common Areas shall be restored to
the extent, possible.
C. At Operator's election (to be made by written notice delivered to all
Owners) Operator shall operate and maintain (or cause to be operated and maintained)
the Common Area on all the Tracts in accordance with the requirements of Section 313;
provided, however, Separate Utility Lines shall be maintained by the Owner whose Tract
they serve in accordance with Section 4G hereof. Operator shall expend only such funds
as are reasonably necessary for the operation and maintenance of the Common Area,
including premiums for insurance required by Section 6E and shall promptly pay such
costs ( "Common Area Maintenance Costs ") when incurred. From time to time during
each calendar year, Operator shall reasonably estimate Common Area Maintenance
Costs for such current calendar year, and each Owner shall pay its share of Common
Area Maintenance Costs, plus the Administration Fee (defined below), in accordance
with this Section 3C. Common Area Maintenance Costs and the Administrative Fee shall
be allocated to each Tract based on the square footage of land in each Tract. Operator
may hire companies affiliated with it to perform the maintenance and operation of the
Common Area, but only if the rates charged by such companies are competitive with
those of other companies furnishing similar services in the metropolitan area in which the
Developer Tract is located. Each Owner hereby grants to Operator, its agents,
contractors and employees, a license to enter upon such Owner's Tract to discharge
Operator's duties to operate, maintain and repair the Common Area.
Subject to any supplemental written agreement between Operator and an Owner,
in lieu of Operator's profit, administrative and overhead costs, Operator shall be
permitted to charge an amount ( "Administrative Fee ") computed by multiplying the
Common Area Maintenance Costs by fifteen percent (15 %). If any of Operator's
personnel perform services, functions or tasks in addition to Common Area duties, then
the cost of such personnel shall be equitably allocated according to time spent
performing such duties.
In the event an existing Tract is divided, the Owner causing such division shall, at
its expense, prorate the allocation of Common Area Maintenance Costs and the
Administration Fee attributable to the original Tract between the newly created Tracts,
file a recorded declaration confirming such allocation and deliver a copy of ' such
declaration to Operator and each other Owner. Each Owner shall pay to the Operator in
equal monthly payments, in advance, the share of the Common Area Maintenance Costs
H \Users \LPACHTER \Principal\2002 -122 Oak Brook Pointe \OEA(final) doc
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and the Administration Fee attributable to such Owner's Tract based upon the amount
reasonably estimated by Operator. Within ninety (90) days after the end of each
calendar year, Operator shall provide each Owner with a statement certified by an
authorized Person, setting forth the actual Common Area Maintenance Costs paid by
Operator for the operation and maintenance of the Common Area (such statement is
called the "Reconciliation "), the Administration Fee, and the share of the aggregate
thereof that is attributable to each Owner's Tract. If the amount paid with respect to a
Tract for such calendar year shall have exceeded the share allocable to such Tract,
Operator shall refund by check the excess to the Owner owning such Tract at the time
the Reconciliation is delivered, or if the amount paid with respect to a Tract for such
calendar year shall be less than the share allocable to such Tract, the Owner owning
such Tract at the time such Reconciliation is delivered shall pay the balance of such
Owner's share to Operator within thirty (30) days after receipt of such Reconciliation. If
Operator does not refund amounts shown by the Reconciliation to be owed an Owner
within thirty (30) days after delivery of the Reconciliation, then such Owner may offset the
refund owed, against payments for Common Area Maintenance Costs and
Administration Fee due for any future period. Notwithstanding anything contained herein
to the contrary, if during a calendar year the Operator resigns or is replaced, the
replacement Operator, if any shall be responsible for the Reconciliation adjustments,
including any reimbursement due to a Owner for such calendar year. If the Operator
resigns without a replacement, the Owners shall maintain the Common Areas on their
Tracts in accordance with Section 313 hereof.
Within one (1) year after the date of receipt of a Reconciliation, each Owner shall
have the right to audit Operator's books and records pertaining to the operation and
maintenance of the Common Area for the calendar year covered by such Reconciliation.
An Owner shall notify Operator of such Owner's intent to audit at least fifteen (15) days
prior to the designated audit date. If such audit shall disclose any error in the
determination of the Common Area Maintenance Costs, the Administration Fee or any
allocation thereof to a particular Tract, the auditing Owner shall provide Operator with a
copy of the audit, and an appropriate adjustment shall be made forthwith. The cost of
any audit shall be assumed by the auditing Owner.
4. Utilities.
A. The Declarant hereby grants and conveys for the benefit of the Owners and
Occupants, perpetual, non - exclusive easements in, to, over, under, along and across
those portions of the Common Areas located on the Developer Tract necessary for the
installation, operation, flow, passage, use, maintenance, connection, repair, replacement
and removal of Utility Lines, including but not limited to, sanitary and storm sewers, storm
drains, water (fire and domestic), gas, electrical, telephone, cable TV, data transmission
and other communication lines. All Utility Lines shall be underground except for any of
the following:
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(1) ground mounted electrical transformers, switch gear, telephone boxes and
similar equipment located at the side or rear of a building;
(2) as may be necessary during periods of construction, reconstruction, repair
or temporary service;
(3) as may be required by governmental agencies having jurisdiction;
(4) as may be required by the provider of such service provided such request
is customary and does not interfere with the use of such property for its
intended purpose;
(5) fire hydrants, above ground meters and feeds;
(6) as may otherwise be approved by the engineer or architect of the Operator.
B. The utility easements shall be no wider than necessary to reasonably
satisfy the requirements of a private or public utility, or five feet (5') on each side of the
centerline if the easement is granted to an Owner.
C. The burdened Owner shall have the right at any time to relocate a Utility
Line on its Tract in the event that an emergency or unsafe condition exists or upon thirty
(30) days' prior written notice to each of the benefiting Owners, provided that such
relocation:
(1) shall not interfere with or diminish the utility service to any benefiting
Owner;
(2) shall not reduce or unreasonably impair the usefulness or function of such
Utility Line;
(3) shall be performed without cost or expense to the benefiting Owner;
(4) shall be completed using materials and design standards, which equal or
exceed those originally used; -
(5) shall have been approved by the provider of such service and the
appropriate governmental or quasi - governmental agencies having
jurisdiction thereover; and
(6) shall be within a utility easement area or the burdened Owner shall record
an easement for such Utility Line burdening the burdened Tract and
benefiting the benefited Tract.
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s
D. Except as permitted pursuant to this Section 4 or as may otherwise be
agreed to by the Owners of the respective Tracts, no Owner shall have the right to locate
or replace a Utility Line on another Owner's Tract.
E. In the event the provider of any such service and the governmental, quasi -
governmental or engineering agency having jurisdiction thereover requests the relocation
of a Utility Line, a burdened Owner will not unreasonably withhold its consent to such
relocation.
F. The surface water collection, retention and distribution facilities shall each
be deemed a Common Utility Line. Declarant hereby grants and conveys for the benefit
of each Owner a perpetual right and easement to discharge surface storm drainage
and /or runoff from the benefiting Owner's Tract over, upon and across the Common Area
of the Developer Tract or any portion thereof, upon the following conditions and terms:
(1) The common area grades and the surface water drainage /retention system
for such benefiting Owner's Tract shall be constructed in strict conformance
with the details approved by the government entities having jurisdiction
thereover; and
(2) No Owner shall alter or permit to be altered the surface of the Common
Area or the drainage /retention system constructed on its Tract if such
alteration would increase the flow of surface water onto an adjacent Tract
either in the aggregate or by directing the flow of surface water to a limited
area.
G. Subject to the provisions of Section 4A, each Owner shall have the right to
install Separate Utility Lines on its own Tract. Each Owner shall maintain and repair, or
cause to be maintained and repaired, in a good state of repair and safe condition at such
Owner's sole cost and expense, all Separate Utility Lines utilized by it regardless of
where located Any maintenance and repair of Separate Utility Lines (other than those
that are dedicated) located on another Owner's Tract shall be performed after one (1)
week's notice to the Owner of such burdened Tract (except in an emergency the work
may be initiated with reasonable notice), after normal business hours whenever possible
and in such a manner as to cause as little disturbance in the use by the Owner or its
Occupants of such burdened Tract as is practicable under the circumstances and not
during the months of November and December (except in an emergency). The Owner
performing such work shall act in good faith in its efforts to coordinate the scheduling of
such work with the Owner of the burdened Tract. Any Owner installing a Separate Utility
Line on its Tract or performing or causing to be performed maintenance or repair work on
a Separate Utility Line agrees to: promptly pay all costs and expenses associated
therewith; diligently complete such work as quickly as possible; promptly clean the area
and restore the affected portion of the Common Area to a condition equal to or better
than the condition which existed prior to the commencement of such work; and to
maintain insurance in accordance with the provisions of Section 6 hereof.
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a
H. During any period that the Operator is not maintaining the Common Areas
pursuant to Section 3C, the portion of the Common Utility Lines located on an Owner's
Tract shall be maintained, repaired and replaced, or caused to be maintained, repaired
and replaced by such Owner. Prior to incurring any such expenses in excess of $5,000
per year in Constant Dollars, such Owner shall notify the other Owners benefiting from
such Common Utility Line of such expense; such notice, however, shall not be necessary
in the case of an emergency repair. The Owner performing the work shall be entitled to
contribution from the other benefiting Owners (based on a percentage equal to the
performing Owner's Tract size as compared to the Tract size for all such benefiting
Owners (the "Proportionate Share ")) for all such reasonably incurred costs and
expenses, within thirty (30) days after receipt of evidence that such costs have been
incurred.
I In the event any Owner does not maintain, repair or replace the Common
Utility Lines located on its Tract in accordance with the provisions of Subparagraph H,
then any other benefiting Owner shall have the right, but not the obligation to maintain,
repair or replace such Common Utility Line for the account of and at the expense of the
benefiting Owners (including the non - performing Owner) after providing the non-
performing Owner with written notice of the same and otherwise complying with the
provisions in Subparagraph H. To effectuate any such right, the performing Owner shall
have the right to enter upon the Tract of the non - performing Owner (but not into any
building) to perform the necessary work or furnish any necessary materials or services
after providing the non - performing Owner with advance notice. In the event the
performing Owner shall repair, maintain or replace the Common Utility Line, the non-
performing Owner shall reimburse the performing Owner for all costs and expenses
incurred in connection with such work, plus interest at the Interest Rate, within ten (10)
days after receipt of demand, together with reasonable documentation supporting the
expenditures made, and if the non - performing Owner fails to reimburse by such date, the
performing Owner shall be entitled to contribution from the other benefiting Owners
based on each Owner's Proportionate Share within thirty (30) days after receipt of
evidence that such costs have been incurred. Each Owner who contributes to the
Proportionate Share of the non - performing Owner shall be entitled to lien rights against
the non - performing Owner's Tract in accordance with Section 12.
J. Notwithstanding the foregoing, each Owner shall repair, replace or cause to
be repaired or replaced at such Owner's sole cost and expense, without contribution from
any other Owner, Common Utility Lines which are damaged as a result of the negligence
or misconduct of such Owner or any of its Occupants.
5. Parking Structure.
The Declarant hereby grants and conveys for the benefit of the Owners and
Occupants, a perpetual, non - exclusive easement in, to, over, under, along and across
those portions of the Common Area necessary for the use of the Parking Structure for
the purpose of parking of personal vehicles of the Owners, Occupants and Permittees
during normal business hours of the Parking Structure, all in accordance with reasonable
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rules to be established from time to time by the Owner of the 700 Lot. Except for sixty
(60) parking spaces, which may be limited by the Owner of the 700 Lot for the exclusive
use of all or specific "Occupants and Permittees of the 700 Lot from time to time, all
parking spaces in the Parking Structure shall be available for the use by all Owners,
Occupants and Permittees on a first come, first serve basis.
6. Insurance.
A. Each Owner (as to its Tract only) (or such Owner's Permittee if such
Permittee leases all or substantially all of such Owner's Tract pursuant to a written lease
having an initial term of not less than fifteen (15) years; such a tenant being sometimes
referred to as a "Tenant Permittee ") shall maintain or cause to be maintained in full force
and effect Commercial General Liability Insurance with a combined single limit of liability
of not less than Two Million Dollars ($2,000,000.00) in Constant Dollars for bodily or
personal injury or death, and for property damage, arising out of any one occurrence; the
other Owners shall be "additional insureds" under such policy. The insurance limit in this
Paragraph 6 shall not limit any Owner's rights of indemnity under the provisions of
Paragraph 9 hereof.
B. Effective upon the commencement of construction of any building on its
Tract and so long as such building exists, an Owner (or its Tenant Permittee) shall carry,
or cause to be carried, property insurance with "Special Form" coverage, in an amount of
one hundred percent (100 %) of replacement cost thereof (excluding footings,
foundations and excavations).
C. All insurance may be provided under (i) an individual policy covering this
location, (ii) a blanket policy or policies which includes other liabilities, properties and
locations of such Owner (or its Tenant Permittee); (iii) a plan of self- insurance, provided
that any Owner (or its Tenant Permittee) so self- insuring notifies the other Owners of its
intent to self- insure and agrees that, upon the request of another Owner, it shall deliver
to such other Owner each calendar year a copy of its annual report that is audited by an
independent certified public accountant which discloses that such Owner has One
Hundred Fifty Million Dollars ($150,000,000) or more of net current assets in Constant
Dollars, or (iv) a combination of any of the foregoing insurance programs.
D. Each Owner (the "Releasing Owner ") hereby releases and waives for itself,
and each Permittee claiming by, through or under it, each other Owner (the "Released
Owner) from any liability for any loss or damage to all property of such Releasing Owner
located upon an portion of the Developer Tract, which loss or damage is of the type
P YP P
covered by "all risk" or "extended" insurance, to the extent of the insurance proceeds
collected, irrespective of any negligence on the part of the Released Owner which may
have contributed to or caused such loss. Releasing Owner agrees to use its reasonable
efforts to obtain, if needed, appropriate endorsements to its policies of insurance, and to
the policies of insurance carried by its Occupants, with respect to the foregoing release;
provided, however, that failure to obtain such endorsements shall not affect the release
hereinabove given.
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E. During the period, if any, Operator is maintaining the Common Area,
Operator shall maintain or cause to be maintained in full force and effect commercial
general liability insurance covering the Common Area with a combined single limit of
liability of at least Two Million Dollars ($2,000,000.00) in Constant Dollars for bodily
injury, personal injury or death and property damage, arising out of any one occurrence.
Each Owner shall be a named insured ( "Named Insured ") under such policy. The
Owners agree that the insurance maintained by Operator shall be primary insurance and
not contributory with the insurance maintained by each of the Owners pursuant to
Section 6A, or any other insurance maintained by any of the Owners.
F. Prior to commencing any construction activities on a Tract, each Owner
and Operator shall obtain or require its contractor to obtain and thereafter maintain, so
long as such construction activity is occurring, at least the minimum insurance coverages
in Constant Dollars set forth below: (i) worker's compensation insurance as required by
any applicable law or regulation; (ii) employer's liability insurance in the amount of
$1,000,000.00 each accident for bodily injury; (iii) commercial general liability insurance
covering all operations by or on behalf of the contractor, which shall have minimum limits
of liability and coverages of (a) $1,000,000.00 each occurrence (for bodily injury and
property damage); (b) $1,000,000.00 for personal injury liability; (c) $2,000,000.00
aggregate for products and completed operations; and (d) $2,000,000.00 general
aggregate applying separately to this project. The contractor shall also carry
umbrella /excess liability insurance in the amount of $5,000,000.00. If there is no per
project aggregate under the commercial general liability policy, the limit shall be
$101000,000 00. If the construction activities involve the use of another Tract, then the
constructing Owner (or Operator, as applicable) shall cause the Owner of such other
Tract to be an additional insured on each policy and each such policy shall provide that
the same shall not be cancelled, allowed to expire, nor reduced in amount or coverage
below the requirements set forth above without at least thirty (30) days prior written
notice to each insured If any of the insurance policies are cancelled, expire or the
amount or coverage thereof is reduced below the level required, then the constructing
Owner (or Operator, as applicable) shall immediately stop all work on and use of the
other Owner's Tract until either the required insurance is reinstated, or replacement
insurance is obtained, and evidence thereof is given to the Owner of such Tract.
7. Use Restrictions.
A. No portion of the Developer Tract shall be used in a manner which violates
any applicable law. Further, no portion of the Developer Tract shall be used in a manner
which may be or become an annoyance or nuisance to the Owner or Occupant of
another portion of the Developer Tract by reason of unsightliness or excessive emission
of fumes, odors, glare, vibration, gasses, radiation, dust, liquid, waste, smoke or noise.
B. No Owner shall request any variation of, relief from, or modification of the
current zoning laws applicable to its Tract in effect as of the date hereof without the prior
written consent of Operator.
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hA V
Legal Description of
Developer Tract
Lots 1 and 2 in 700 -800 Commerce Drive Resubdivision of Lot 1 in Oak Brook's Eastern
Air Lines Incorporated Subdivision of part of Lot 1 in Butler Company -M -1 Inc.
Assessment Plat No. 1 of Parts of Sections 23 and 24, Township 39 North, Range 11
East of the Third Principal Meridian, according to the Plat of said 700 -800 Commerce
Drive Resubdivision recorded Raoo L+ d,4 2 a 3 3 as Document
WIGMGO-21 I aQf DuPage County, Illinois.
H \Users \LPACHTER \Pnncipal\2002 -122 Oak Brook Pointe \OEA(final) doc
EXHIBIT B -1
Legal Description of
800 Commerce Drive
Lot 2 in 700 -800 Commerce Drive Resubdivision of Lot 1 in Oak Brook's Eastern Air
Lines Incorporated Subdivision of part of Lot 1 in Butler Company -M -1 Inc. Assessment
Plat No. 1 of Parts of Sections 23 and 24, Township 39 North, Range 11 East of the
Third Principal Meridian, according to the Plat of said 700 -800 Commerce Drive
Resubdivision recorded rz -q 0C) L4 - D- 4 2 a _:_� as Document
SEjauM�3eR IS, �_ �w4 , in DuPage County, Illinois.
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�T s
FXHIRIT R -2
Legal Description of
700 Commerce Drive
Lot 1 in 700 -800 Commerce Drive Resubdivision of Lot 1 in Oak Brook's Eastern Air
Lines Incorporated Subdivision of part of Lot 1 in Butler Company -M -1 Inc. Assessment
Plat No. 1 of Parts of Sections 23 and 24, Township 39 North, Range 11 East of the
Third Principal Meridian, according to the Plat of said 700 -800 Commerce Drive
Resubdivision recorded R � ,n a Ll — !:)-4a. 1.3 3 _ _ as Document
S -EU1 t MRER tS_ aoo!4 , in DuPage County, Illinois.
H \ Users \LPACHTER \Principal\2002 -122 Oak Brook Pointe \OEA(final) doc
C. Truck loading and receiving areas shall not be permitted in the front yard of
any building. Proper visual screening shall be provided between any truck loading and
receiving area and any street
D. No materials, supplies, equipment, finished or semi - finished products or
articles of any nature shall be stored or permitted to remain on any Tract outside of any
building. Waste and rubbish storage facilities shall be properly screened and shall not be
installed, constructed or utilized without the prior written consent of Declarant.
8. Site Plans and Improvements.
No Owner, Occupant or Permittee shall commence any construction on its
Tract until after Operator has approved the following for such Tract: (i) a landscape plan,
(ii) a signage plan, (iii) a site plan, (iv) civil engineering plans, and (v) building elevations
and an architectural rendering of the improvements to be constructed on such Tract,
such building elevations and architectural rendering to specify the finishes and colors to
be used on the improvements (the items referred to in (i) through (v) are hereinafter
collectively referred to as the "Plans "). The Plans shall be submitted to Operator for its
review and approval to insure that the architectural style, building materials, landscaping,
signage and utilities are compatible with the design components of the other buildings
located on the Developer tract. Operator's approval of the Plans shall not be
unreasonably withheld or delayed. If Operator does not respond in writing regarding the
Plans within thirty -five (35) days of their receipt by Operator, the Plans shall be deemed
approved by Operator.
9. Indemnity.
A. To the full extent permitted by law, each Owner ( "Indemnitor ") covenants
and agrees to defend, protect, indemnify and hold harmless each other Owner and its
employees, agents, invitees, tenants, subtenants, licensees, concessionaires and the
agents and employees thereof (collectively, "Indemnitee ") from and against all claims,
including any actions or proceedings brought thereon, and all costs, losses, expenses
and liability (including reasonable attorney's fees and costs of suit) arising from or as a
result of the injury to or death of any person, or damage to the property of any person
which shall occur on the Tract owned by such Indemnitor or otherwise arising from the
negligence or willful misconduct of the Indemnitor or its employees, agents, tenants,
subtenants, licensees, concessionaires, and the agents and employees thereof, except
for claims caused by the negligence or willful act or omission of any Indemnitee. The
Indemnitee shall promptly notify the Indemnitor in writing of any claim, and shall
cooperate with the Indemnitor in the defense of such claim. The Indemnitee may
compromise or settle any claim without the prior written consent of the Indemnitor but in
such case, the Indemnitor shall be released from liability hereunder.
B. Operator agrees to defend, protect, indemnify and hold harmless each
Owner for, from and against all claims or demands, including any action or proceeding
brought thereon, and all costs, losses, expenses and liabilities of any kind, including
reasonable attorneys' fees and cost of suit, asserted or incurred in connection with or
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arising out of the performance, or failure to perform, by Operator of its duties or
obligations under this OEA with respect to the maintenance and operation of the
Common Area; provided, however, the foregoing obligation shall not apply to claims or
demands based in whole or in part on the negligence or the willful act or omission of the
Owner to be indemnified. In the event it is determined that such Owner was not at fault,
then the Operator shall reimburse each other Owner for all reasonable expenses and /or
costs incurred by each Owner defending against such claim or demand.
10. Surface Parking.
After giving effect to the easements for use of the Parking Structure, each Tract
shall have sufficient parking spaces on such Tract to comply with all parking
requirements imposed by law with respect to the uses and improvements on its
respective Tract; it being understood that, except as set forth in Paragraph 5 above with
respect to the Parking Structure, nothing in this OEA grants any easements for parking
over any Tract for the benefit of any other Tract.
11. Construction of Improvements and Easements
A. In the event a constructing Party (the "Constructing Party ")
determines that it is necessary to place additional Utility Lines, underground piers,
footings and /or foundations (the "Subsurface Construction Elements ") across the
boundary lines of its Tract, the Constructing Party shall advise the Owner of the adjacent
Tract (the "Adjacent Party ") of the Constructing Party's construction requirements and
shall provide plans and specifications relating thereto to the Adjacent Party, including
proposed construction techniques for the Subsurface Construction Elements. Each
Adjacent Party hereby grants and conveys to each Constructing Party, for the benefit of
such Constructing Party's Tract, an easement, not to exceed a maximum lateral distance
of five (5) feet, in, to, under and across that portion of the Adjacent Party's Tract not
theretofore occupied by any then existing structure, for the installation, maintenance and
replacement of such Subsurface Construction Elements; provided, however, that the
Constructing Party shall have no right to use such easement if the Adjacent Party is able
to provide the Constructing Party a reasonable alternative construction method for the
placement of the Subsurface Construction Elements entirely on the Constructing Party's
Tract.
The Adjacent Party reserves the right to require the Constructing Party to modify
the design specifications for the Subsurface Construction Elements in order to permit the
Adjacent Party the opportunity to utilize the same in connection with the construction of
its Building so that each party shall be able to place its Building immediately adjacent to
the common boundary line. If a common Subsurface Construction Element is used by
the Constructing Party and the Adjacent Party, each shall assume and pay its
reasonable share of the cost and expense of the design and construction thereof. In the
event any Building utilizing a common Subsurface Construction Element is destroyed
and not replaced or is removed, the common Subsurface Construction Element shall
remain in place for the benefit of the other Building utilizing the same.
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B. The easements established under Section 11 A shall be appurtenant to and
for the benefit of each grantee's Tract and shall be binding on, enforceable against and
burden each grantor's Tract. Notwithstanding each easement grant, nothing herein shall
diminish or waive the right of a grantor to recover damages resulting from a grantee's
failure to - construct its Building within the easement area limits in the case of Section
11 A. Such easements in each instance shall:
(1) Continue in effect for the term of this OEA and thereafter for so long as the
buildings utilizing the easement area exist (including a reasonable period to
permit reconstruction or replacement of such buildings if the same shall be
destroyed, damaged or demolished); and
(2) Include the reasonable right of access necessary to exercise and enjoy
such grant upon terms and with the limitations described in Section 11A.
C. With respect to buildings constructed along the common boundary line
between Tracts, nothing herein shall be deemed to create or establish:
(1) A "common" or "party" wall to be shared with the adjacent building; or
(2) The right for a building to receive support from or apply pressure to the
adjacent building.
D Each Owner hereby grants and conveys to each other Owner and to such
Owner's contractors, materialmen and- laborers a temporary license for access and /or
use over and across the Common Area of the grantor's Tract as shall be reasonably
necessary for the grantee to construct and /or maintain improvements upon the grantee's
Tract; provided, however, that such license shall be in effect only during such periods of
time when actual construction and /or maintenance is being performed and provided
further that the use of such license shall not unreasonably interfere with the use and
operation of the Common Area by the other parties or their Permittees. Prior to
exercising the rights granted herein, the grantee shall first provide the grantor with a
written statement describing the need for such license and shall identify the area of use.
Each grantee physically using a portion of the grantor's Tract in connection with the
construction and /or maintenance of the grantee's Tract shall furnish a certificate of
insurance showing that its contractor has obtained the minimum insurance coverage
required by Section 6F, shall promptly pay all costs and expenses associated with such
work, shall diligently complete such work as quickly as possible, and shall promptly clean
the area, and restore and /or repair the affected portion of the grantor's Tract to a
condition which is equal to or better than the condition which existed prior to the
commencement of such work. Notwithstanding the foregoing, in the event a dispute
exists between the contractors, laborers, suppliers and /or others connected with such
construction activities, each Owner shall have the right to prohibit the contractors,
laborers, suppliers and /or others working for another Owner from using the Common
Area on its Tract.
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F
•
F. All improvements shall be constructed in accordance with all applicable
laws, ordinances, rules and regulations.
12. Remedies and Default.
A. The occurrence of any one or more of the following events shall constitute
a default and breach of this OEA by the non - performing Owner (the "Defaulting Owner "):
(1) The failure to make any payment required to be made hereunder within ten
(10) days after receipt of notice of such non - payment.
(2) The failure to observe or perform any of the covenants, conditions or
obligations of this OEA, other than as described in (1) above, within thirty
(30) days after the receipt of a notice by another Owner (the "Non -
Defaulting Owner ") specifying the nature of the default claimed provided,
however, if a default is not capable of cure within such thirty (30) day
period, such period shall be extended for so long as such defaulting Owner
is diligently and in good faith prosecuting such cure.
B After first providing the Defaulting Owner with two (2) business days notice,
any Non - Defaulting Owner shall have the right, but not the obligation, to cure such
default by the payment of money or the performance of some other action for the
account of and at the expense of the Defaulting Owner; provided, however, that in the
event the default shall constitute an emergency condition, the Non - Defaulting Owner,
acting in good faith, shall have the right to cure such default upon such advance notice
as is reasonably possible under the circumstances or, if necessary, without advance
notice, so long as notice is given as soon as possible thereafter. To effectuate any such
cure, the Non - Defaulting Owner shall have the right to enter upon the Tract of the
Defaulting Owner (but not into any building) to perform any necessary work or furnish
any necessary materials or services to cure the default of the Defaulting Owner. Each
Owner shall be responsible for the default of its Occupants. In the event that any Non -
Defaulting Owner shall cure a default, the Defaulting Owner shall reimburse the Non -
Defaulting Owner for all costs and expenses incurred in connection with such curative
action, plus interest as provided herein at the Interest Rate, within ten (10) days of
receipt of demand, together with reasonable documentation supporting the expenditures
made.
C. Costs and expenses accruing and /or assessed pursuant to this OEA shall
constitute a lien against the Defaulting Owner's Tract; provided, however, that any such
lien shall be subordinate to the leases, mortgages and leasehold mortgages, if any,
affecting each of the respective Tracts. The lien shall attach and take effect only upon
recordation of a claim of lien in the office of the DuPage County Recorder of Deeds. The
claim of lien shall include the following:
(1) The name of the lien claimant;
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(2) A statement concerning the basis for the claim of lien and identifying the
lien claimant as a curing Owner;
(3) An identification of the Owner or reputed Owner of the Tract or interest
therein against which the lien is claimed;
(4) A description of the Tract against which the lien is claimed;
(5) A description of the work performed which has given rise to the claim of lien
and a statement itemizing the amount thereof; and
(6) A statement that the lien is claimed pursuant to the provisions of this OEA,
reciting the date of recordation and the recorded document number of this
OEA. The notice shall be duly verified, acknowledged and contain a
certificate that a copy thereof has been served upon the Owner against
whom the lien is claimed, by personal service or by mailing pursuant
hereto. The lien so claimed shall attach from the date of recordation solely
in the amount claimed thereby and may be enforced in any manner allowed
by law, including, without limitation, a suit in the nature of a suit to foreclose
a mortgage or mechanic's lien under the applicable provisions of the law of
the State of Illinois.
D No waiver by any Owner of any default under this OEA shall be effective or
binding on such Owner unless made in writing by such Owner and no such waiver shall
be implied from any omission`by an Owner to take action in respect to such default. No
express written waiver of any default shall affect any other default or cover any other
period of time other than any default and /or period of time specified in such express
waiver. One or more written waivers or any default under any provision of this OEA shall
not be deemed to be a waiver of any subsequent default in the performance of the same
provision or any other term or provision contained in this OEA.
E Each Non - Defaulting Owner shall have the right to prosecute any
proceedings at law or in equity against any Defaulting Owner hereto or any other Person
violating or attempting to violate or defaulting upon any of the provisions contained in this
OEA, and to recover damages for any such violation or default. Such proceeding shall
include the right to restrain by injunction any violation or threatened violation by another
of any of the terms, covenants or conditions of this OEA, or to obtain a decree to compel
performance of any such terms, covenants or conditions, it being agreed that the remedy
at law for a breach of any such term, covenant, or condition (except those, if any,
requiring the payment of a liquidated sum) is not adequate. All of the remedies permitted
or available to an Owner under this OEA or at law or in equity shall be cumulative and
not alternative, and invocation of any such right or remedy shall not constitute a waiver or
election of remedies with respect to any other permitted or available right or remedy.
H 1Users\LPACHTER1Prnnapa112002 -122 Oak Brook Pointe %OEA(final) doc
15
r`
0
13. Notices.
All notices, demands and requests (collectively the "notice ") required or permitted
to be given under this OEA must be in writing and shall be deemed to have been given
as of the date such notice is (i) delivered to the Owner intended, (ii) delivered to the then
current address of the Owner intended, or (iii) rejected at the then current address of the
Owner intended, provided such notice was sent prepaid. Such delivery shall be via
personal delivery, national overnight courier or registered U.S. Mail Return Receipt
Requested, and if to Declarant at:
Oak Brook Pointe, LLC and Petula Oak Brook Pointe, LLC
c/o Principal Real Estate Investors, LLC
801 Grand Avenue
Des Moines, Iowa 50392 -1370
Attention: Central Region Equity Team
14. Taxes.
Each Owner shall pay (or cause to be paid) before delinquency all real estate
taxes and assessments (the "Taxes ") levied on its Tract and the improvements situated
thereon. Each Owner may, at its own cost and expense by- appropriate proceeding,
contest the validity, applicability and /or the amount of any Taxes. Nothing in this Section
shall require an Owner to pay any Taxes so long as it contests the validity, applicability
or the amount thereof in good faith and so long as it does not allow the affected Tract to
be forfeited to the imposer of such Taxes as a result of Jts nonpayment.
15. Binding Effect.
The terms of this OEA and all easements granted hereunder shall constitute
covenants running with the land and shall inure to the benefit of and be binding upon the
Owners and their respective successors and assigns. This OEA is not intended to
supersede, modify, amend or otherwise change the provisions of any prior instrument
affecting the land burdened hereby.
16. Not a Public Dedication.
Nothing herein contained shall be deemed to be a gift or dedication of any portion
of the Developer Tract to the general public, or for any public use or purpose
whatsoever. Except as herein specifically provided, no right, privileges or immunities of
any Owner hereto shall inure to the benefit of any third -party person, nor shall any third -
party person be deemed to be a beneficiary of any of the provisions contained herein.
17. Amendments and Estoppels.
This OEA may be amended by a written agreement signed by all of the then
current Owners and shall be effective only when recorded in the county and state where
the Tracts are located. No mortgagee shall have the right to consent to any amendment
to this OEA. No person other than the Owners shall have any right to enforce any of the
provisions hereof. Each Owner shall at any time and from time to time upon not less
H \ Users \LPACHTER \Pnncipal\2002 -122 Oak Brook Pointe \OEA(final) doc
16
O
v
than thirty (30) days' prior written notice from any other Owner execute, acknowledge
and deliver to the requesting Owner a statement in writing (a) certifying that this OEA is
unmodified and in full force and effect (or, if modified, stating the nature of such
modification and certifying that this OEA, as so modified, is in full force and effect) and
(b) acknowledging that there are not, to the requested Owner's knowledge, any uncured
defaults on the part of the requesting Owner hereunder, or specifying such defaults if any
are claimed; an Owner may not request such statement more than two (2) times in each
calendar year. Any such statement may be relied upon by any mortgagee of its Tract
and any prospective purchaser, subtenant or assignee of all or any portion of the
Developer Tract. The requested Owner's failure to deliver such statement within such
time shall be conclusive upon such requested Owner (i) that this OEA is in full force and
effect, without modification except as may be represented by the requesting Owner and
(ii) that there are no uncured defaults in the requesting Owner's performance.
18. Mitigation of Damages.
In all situations arising out of this OEA, all Owners shall use reasonable efforts to
avoid and mitigate the damages resulting from the conduct of any other Owner. Each
Owner hereto shall take all reasonable measures to effectuate the provisions of this
OEA.
19. OEA Shall Continue Notwithstanding Breach.
It is expressly agreed that no breach of this OEA shall entitle any Owner to cancel,
rescind or otherwise terminate this OEA
20. Time.
Time is of the essence of this OEA.
21. No Waiver.
The failure of any Owner to insist upon strict performance of any of the terms,
covenants or conditions hereof shall not be deemed a waiver of any rights or remedies
which that Owner may have hereunder, at law or in equity and shall not be deemed a
waiver of any subsequent breach or default in any of such terms, covenants or
conditions.
22. Liens.
In the event any mechanic's lien is filed against the Tract of an Owner as a result
of services performed or materials furnished for the use of another Owner or such
Owner's Occupant (collectively, the "Liening Owner "), the Liening Owner agrees to cause
such lien to be discharged within fifteen (15) days after the entry of a final judgment (after
all appeals) for the foreclosure of such lien and further agrees to indemnify, defend, and
hold harmless the other Owner and its Tract against liabilities, losses, damages, costs or
expenses (including reasonable attorneys' fees and cost of suit) on account of such claim
of lien. Upon request of the Owner whose Tract is subject to such lien, the Liening
Owner agrees to promptly cause such lien to be released and discharged of record,
either by paying the indebtedness which gave rise to such lien or by posting bond or
H \Users \LPACHTER \Pnncipa0002 -122 Oak Brook Pointe \OEA(final) doc
17
it
4
other security as shall be required by law to obtain such release and discharge. Nothing
herein shall prevent a Liening Owner from contesting the validity thereof in any manner
such Liening Owner chooses so long as such contest is pursued with reasonable
diligence and the Liening Owner has posted the bond or other security, if so requested.
Failure of the Liening Owner to post the bond or other security in accordance with this
Section 22 shall entitle the Owner whose Tract is subject to the lien, to pay in full the
debt secured by such lien. In such event the Liening Owner shall reimburse such
Owner, with interest at the Interest Rate, no later than five (5) days after being notified of
the same. In the event such contest is determined adversely (allowing for appeal to the
highest appellate court), such Liening Owner shall promptly pay in full the required
amount, together with any interest, penalties, costs, or other charges necessary to
release such lien.
23. Term of this OEA.
This OEA shall be effective as of the date first above written and shall continue in
full force and effect until December 31, 2099. Upon termination of this OEA, all rights
and privileges derived from and all duties and obligations created and imposed by the
provisions of this OEA, shall terminate and have no further force or effect; provided,
however, the (i) perpetual easements contained herein and (ii) the maintenance
obligations for the Utility Lines shall -not terminate; provided, further, that the termination
of this OEA shall not limit or affect any remedy at law or in equity that an Owner may
have against any other Owner with respect to any liability or obligation arising or to be
performed under this OEA prior to the date of such termination.
H \ Users \LPACHTER \Pnnapal\2002 -122 Oak Brook Pointe \OEA(final) doc
W993
a
it
IN WITNESS WHEREOF, the Declarant has caused this OEA to be executed by
its duly authorized representative effective as of the day and year first above written.
H \Users \LPACHTER \Pnncipal\2002 -122 Oak Brook Pointe \OEA(final) doc
19
OAK BROOK POINTE, LLC, a Delaware
limited liability company
By: Principal Real Estate Investors, LLC,
a Delaware limited liability company,
its authorized signatory
By: ,� -�
Its: Johnna E. Donahue
Senior Closing Consultant
By: ot::�r " C.,.-- � b'a%�
Its:
Investment Director • Asset Managemed
PETULA OAK BROOK POINTE, LLC, a
Delaware limited liability company
By: Principal Real Estate Investors, LLC,
a Delaware limited liability company,
its authorized signatory
B �e
Its: Joh
Senior Closing Consultant
By:
Its: narrpn.l. Klsis
Investment Director- Asset Management
A
STATE OF IOWA )
)SS.
COUNTY OF O) �- )
I, the undersi ned, a Notary Public of the County and State above written, do
hereby certify that � . Do t-d� en in " I 2.t
and Nrren . NQiS, InVeS _ nC� of Principal Real
Estate Investors, LLC, authorized signatory of Oak Brook Pointe, LLC, a Delaware
limited liability company, personally appeared before me this day and acknowledged the
due execution of the foregoing instrument on behalf of the company.
Witness my hand and official seal, this the ��' day of J u n ,
2004.
My commission expires:
Notary P is
DOTrr TYSSEUNQ
My W
• " Noble i 4.2006
STATE OF IOWA )
ss.
COUNTY OF NIL )
I, the undersigned, a Notary Public of the County and State above written, do
hereby certify that 11OL1111
andLgfren lnv ulfec of Principal Real
Estate Investors, LL , authorized signatory of Petula 09 Brook Pointe, LLC, a
Delaware limited liability company, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument on behalf of the company.
Witness my hand and official seal, this the 46 day of Ju rLe,
2004.
My commission expires:
ep
DOTTY TYSSELING
Commission Number 187359
My Commission Expires
O1M November 4, 2005
H \ Users \LPACHTER \Prnncipal\2002 -122 Oak Brook Pointe \OEA(final) doc
20
Notary O
0
EXHIBITS
Exhibit A — Site Plan
Exhibit B — Legal Description of Developer Tract
Exhibit B -1 — Legal Description of 800 Commerce Drive
Exhibit B -2 — Legal Description of 700 Commerce Drive
EXHIBIT A
Site Plan
H \ Users \LPACHTER \Pnnapal \2002 -122 Oak Brook Pointe \OEA(final) doc
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK , ILLINOIS 60523-2255
PHONE: 630 990-3000
December 15, 1999 FAX: 6 3 0 9 9 0-0 8 7 6
Oak Brook Hines Development,LLC
Attention: Greg Van Schaack
_ Three First National Plaza
70 W.Madison, Suite 440
Chicago,Illinois 60602
Re: Recorded Document on October 28, 1999: R1999-228921
c aration of Stod-r7ter Facilities Easements, Covenants, Conditions&Restrictions
8W Commerce
Oak Brook,IL 60523
Dear Mr.Van Schaack:
A copy of the above noted document is enclosed for your information. This is an important
record and should be retained in a secure area within your files.
If you need any further assistance in this matter,please feel free to contact me at 6�0-990-5770
on Monday through Friday from 9am to 5pm.
Sincerely,
Linda M. Andrys
Records Management Clerk
Ama
Enclosure
cc: Dale L. Durfey,Village Engineer
Robert Kallien,Director of Community Development
Official Files
/RECDOG1999-RECLTR-OB HWES DEV-VAN SCHAACK
J.P. "RICK" CARNEY
DUPAGE COUNTY RECORDER
OCT.28,1999 3:52 PM
OTHER 06-23—404—017
007 PAGES R1999-228921
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
RECORDED DOCUMENT TITLE PAGE
Title of Document DECLARATION OF STORMWATER FACILITIES EASEMENTS COVENANTS
CONDITIONS AND RESTRICTIONS
Property Address/es 800 COMMERCE, OAK BROOK. IL 60523
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.)
Pin/s Number 06-23-404-017 AND 06-24-304-001
Name & Address of Applicant OAK BROOK HINES DEVELOPMENT LLC-GREG VAN SCHAACK
THREE FIRST NATIONAL PLAZA, 70 W MADISON, SUITE 440 CHICAGO IL 60602
Name & Address of Responsible VILLAGE OF OAK BROOK
Party to Receive Recorded 1200 OAK BROOK ROAD
Document and Billing: OAK BROOK, IL 60523
G/L Account#to be Charged 111-7700
Prepared By: Village of Oak Brook Return To: Village of Oak Brook
1200 Oak Brook Road 1200 Oak Brook Road
Oak Brook, Illinois 60523 k Brook, Illinois 60523
Name & Address of Recipient N/A
of Consideration (when applicable):
G/L Account#to be Charged
•
DECLARATION OF STORMWATER FACILITIES EASEMENTS,
COVENANTS, CONDITIONS AND RESTRICTIONS
ti
This DECLARATION,made and entered into as of the^ day of e 19 qq ,
by and between the Village of Oak Brook, an Illinois Municipal Corporation, having its office at 1200
Oak Brook Road, Oak Brook, Illinois 60523, (hereinafter referred to as "VILLAGE"), and
OAR BROOK HINES DEVELOPMENT, LLC
(hereinafter referred to as"OWNER").
WITNESSETH:
WHEREAS, OWNER wishes to commence the improvement of the commercial property described in
Exhibit A attached hereto and made a part hereof(hereinafter referred to as the "PROPERTY") and has
submitted to the VILLAGE a site improvement plan (hereinafter referred to as the "IMPROVEMENT
PLAN"), a reduced copy of which is marked as Exhibit B attached hereto and made a part hereof, and
said IMPROVEMENT PLAN is a part of Permit Number q9-3-/S(11 ; and
WHEREAS,the VILLAGE is willing to approve and issue said permit for said IMPROVEMENT PLAN
in consideration of the various undertakings of OWNER in connection therewith, including this
Declaration.
NOW, THEREFORE, OWNER hereby agrees that the following easements, covenants, conditions and
restrictions shall apply to the PROPERTY:
1. On-Site Stormwater Facilities. OWNER shall perform all maintenance(defined as the selective
removal of woody material and accumulated debris from, or repairs to, a stormwater facility so that such
facility will perform the function for which it was designed and constructed) of all on-site stormwater
facilities (defined as all ditches, channels, conduits, bridges, culverts, levees, ponds, natural and man-
made impoundments (including detention facilities), wetlands, tiles, swales, sewers, or other natural or
artificial structures or measures which serve as a means of draining surface and subsurface water from
land) constructed pursuant to the IMPROVEMENT PLAN. However, OWNER acknowledges and
agrees that the VILLAGE shall have the right, but not the obligation, to enter onto the PROPERTY to
perform such maintenance on such stormwater facilities in the event the OWNER shall fail to do so
within thirty(30) calendar days following notice in writing to OWNER from the VILLAGE of the need
for any such maintenance. Should the OWNER fail to perform such maintenance within the stated time,
the VILLAGE shall have the right to make reasonable entry onto the PROPERTY for the purpose of
performing such maintenance on such stormwater facilities, provided, however, that(a) in no case shall
such entry be made without first giving notice, or reasonably attempting to give notice, to the occupants
of the PROPERTY prior to entry, (b) except for emergencies, such entry shall be made only during
reasonable business hours,and(c)such right of entry shall in no instance extend to any buildings located
on the PROPERTY.
If the VILLAGE shall provide such maintenance, it shall have the right to be reimbursed within thirty
(30) calendar days of billing for all reasonable out-of-pocket costs and expenses incurred in connection
therewith. OWNER acknowledges and agrees to make any such reimbursement within thirty (30)
calendar days after receipt of an itemized statement detailing all costs and expenses. It is further agreed
STCOV-CO.DOC 1
that in addition to the rights and remedies at law or at equity, the VILLAGE shall have a lien on the
PROPERTY to secure payment of such amounts due to the VILLAGE for the work.
The VILLAGE agrees that, in the event it provides such maintenance, (a) it will exercise due care and
caution so as not to unnecessarily damage or harm the PROPERTY and any landscaping, buildings or
other improvements thereon and(b) it will repair and/or reimburse and make whole the OWNER for any
unreasonable damage or harm to the PROPERTY or any landscaping, buildings or other improvements
thereon unreasonably caused by the VILLAGE (or its. agents or employees) in connection with the
exercise of any rights granted to the VILLAGE hereunder.
2. Notice. All notices provided for hereunder shall be personally delivered or served by certified
mail addressed as follows:
To the VILLAGE at:
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
Attention: Village Manager
To the OWNER at:
HINES
THREE FIRST NATIONAL PLAZA
70 W. MADISON, SUITE 440
CHICAGO, IL 60602
ATTN: GREG VAN SCHAACK
With a copy to:
HINES
OFFICE OF THE BUILDING
700 COMMERCE DRIVE
OAR BROOK, IL 60523
ATTN: PROPERTY MANAGER
or to such other address or addresses as shall be designated by notice similarly given.. Each such notice
shall be deemed served as of its postmark date or when personally delivered.
3. Transfer of Title. The term OWNER as used herein means the title holder or holders, from time
to time,of the PROPERTY or any portion thereof.
4. Benefits and Burdens. All provisions of this Declaration including the benefits and burdens, are
hereby declared to run with the land and are binding upon and inure to the benefit of the heirs,
successors,assigns,tenants,and personal representatives of OWNER and the VILLAGE.
5. Amendment. The provisions of this Declaration may be amended by an instrument executed
and acknowledged by the OWNER and the VILLAGE. No such amendment shall be effective unless so
executed and acknowledged by both parties. No such amendment shall be effective unless and until the
aforesaid instrument is recorded in the Office of the Recorder of Deeds of DuPage County,Illinois.
2
6. Severability. Invalidation of any provision contained in this Declaration by judgment or court
order shall in no way affect any other provision, and all other provisions shall remain in full force and
effeot.
Village Of Oak Brook,DuPage and Cook Counties,
Illinois,a Municipal Corporation
ASE p� Village Preside
�I� fit? '���t' •,,,
G 4Yra• r
"" �••`' r illage Clerk
OAK BROOK HINES DEVELOPMENT. LLC. a
Delaware limited liability company
6�pn � V A4, "O-e'4'
Title: Vice President
Attest:
,,
Title: ro'ect RaiLaaer
I
3
STATE OF ILLINOIS )
SS.
COUNTY OF DUPAGE )
I, the undersigned, a Notary Public in and for said County in the State of Illinois, do hereby certify that
Karen M. Bushy and Linda K. Gonnella, personally known to me to be the same persons whose names
are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged
that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and
purposes therein set forth.
Given under my hand and official seal this 14th day of September -, 19 99
Notary Public
My commission expires: 5-11-2000 OFFICIAL SEAL
SANDRA P. SCHMIDT
NOTARY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXPIRES 5.11.2000
STATE OF ILLINOIS )
SS.
COUNTY OF &)ltl )
I, the undersigne otary ublic in and for said County in the State of III* is do hereby certify that
fand �..�
person illy own to me to be the same persons whose names are subscribed to the foregoing instrument,
appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said
instrument as their free and voluntary act,for the uses and purposes therein set forth.
Given under my hand and official seal this day ofD 2'
, 19qq .
Notary Public
My commission expires: /
"OFFICIAL SEAL"
Patricia A. Lewis
Notary PON,State of Illinois
My t;Irlifiiuien Expim July 1,2001
4
I
2a'd 7d101 �.
Exii
, ,
LEGAL DESCRIPTION OF T1IE STTE
LOT 1, OAK BROOK'S EASTERN AIR LINES INCORPORATED SUBDIVISION, OF PART
OF LOT 1 IN BUTLER COMPANY-M-1 INC. ASSESSMENT PLAT NO. 1 OF PARTS OF
SECTIONS 23 AND 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACORDING TO THE PLAT OF SAID OAK BROOK'S EASTERN
AIR LINES INCORPORATED SUBDIVISION RECORDED OCTOBER 11, 1968 AS
DOCUMENT R68-47373, IN DU PAGE COUNTY,ILLINOIS.
23- qo� - o I�l
309 - 00 I
Zaiza'd aSSZ, STb ZTZ S1=Df id 00H3 SSNIH Q1 :71 6561-ZT-),eW
..L-6 1.6
STOUM FAQVIDE0 2.43"4f STORM WATER DETENTION AREA
...... ......... ......
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PROPOS ED.ik_...Fikdk 0' Oki 6 k.. ......
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.......... ... ....... ................... ..... ..... ......- .. ......... ....... ....
...........................
v, STORM SEWER (TYP. )
120
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120 240
V-120'
SCALE FEET
2000 York Road
Engineers
OAK BROOK POINTE Scientists Suite 130
Oak Brook, 1.
IMPROVEMENT PLAN D�I
Tel: 630 57110353523
EXHIBIT B CONSULTANTS LTD. Surveyors Fix:630.571.0436
ANTUNOVICH ASSOCIATES
A R C H I T E C T S
P L A N N E R S
June 8, 1993
RECEIVED
Mr. Thomas Hawk
Director of Code Enforcement OF OAK BROOK
Village of Oak Brook N N /ZONING
Oak Brook Village Hall
1212 Oak Brook Road
Oak Brook, Illinois 60521-2203
Re: Eastern Airline Site, Oak Brook, Illinois
Zoning Analysis/Feasibility Study
Dear Tom:
Enclosed with this letter please find a zoning analysis dated June 1, 1993 and two site
feasibility studies dated June 4, 1993 for the 14.976 acre property known as the Eastern
Airlines site, in Oak Brook, Illinois.
The zoning analysis was prepared after studying the requirements and restrictions of the
ORA-1 zoning classification contained in the Village of Oak Brook Zoning Ordinance.
The Eastern Airlines site currently is zoned ORA-1. The zoning analysis identifies the
maximum build-out permitted on the site along with height restrictions, building set-back
requirements and parking and loading requirements.
The site feasibility studies were prepared to confirm that the full development potential of
the site permitted under the present zoning, could be realized. Scheme A illustrates that
in addition to the existing 71,000 square foot office building, an additional three-story office
building containing 222,560 square feet could be constructed on the property. Scheme B
illustrates that a new 293,560 square feet office building could be constructed if the existing
building was removed. The parking required by zoning and McDonald's use can be
accommodated on the property by utilizing on-grade parking, and a modest parking deck.
Tom, we would appreciate your review of this material. We are anxious to obtain zoning
certification from the Village of Oak Brook concurring with our analysis.
Please do not hesitate to contact me if you require any additional information.
Sincerely,
ANTU OVIC A 01 ES
Jo ph . Antuno ich, AIA
esi , nt
i
JMA:Ib
oc Bonnie Kos w/encl.
Bruce Kapff w/encl.
2 2 4 W E S T H U R O N S T R E E T 3 1 2 2 6 6 1 1 2 6
S U I T E 7 E A S T I; A X:
C H I C A G 0 , I L L I N O I S 6 0 6 1 0 3 1 2 2 6 6 . 7 1 2 3
' '• ANTUNOVICH ASSOCIATES
A R C I I I T F. C T S
P L A N N F R S
MEMORANDUM
DATE: June 1, 1993
TO: Bonnie Kos
FROM: Joe Antunovich
SUBJECT: Eastern Airlines Site, Oak Brook, Illinois
Zoning Analysis/Feasibility Study
DISTRIBUTION: John Reinert
Chuck Saul
Listed below is a preliminary zoning analysis for the 14.976 acre Eastern Airlines site located on Commerce
Drive in Oak Brook, Illinois:
Site Area: 14.976 acres
652,355 sq. ft.
Zoning
Classification: ORA-1
F.A.R.: 0.45
Allowable Building:
Area: 0.45 x 652,355 sq. ft. = 293,560 sq. ft.
Height Limit: 35 ft. or three stories
Front Yard: 100 ft. (150 ft.when adjacent to a residence district boundary line)
Side Yard: 30 ft. (150 ft.when abutting a residence district)
Rear Yard: 40 ft. (150 ft.when abutting a residence district)
Loading Berths: 25,001 sq. ft. to 200,000 sq. ft. =two berths
Each additional 200,000 sq. ft. over 200,000 sq.ft. = one additional berth
Total required =three berths
Size of Loading
Berth: 12'-0"wide x 55'-0" long
(14'-0"clear height where applicable)
Required Parking: One parking space for each 300 sq.ft.of building area.
293,560+300 =979 parking spaces (maximum build-out)
Site of Parking
Space: 8'-6"wide x 17'-6"long x 24'-0"aisle (900 parking)
Landscaping: • 5'-0" high berm or planting on perimeter of side and rear yards.
• 4'-0" high berm or planting in front yards screening permitted side yard parking.
• 10%of parking lot and driveway area to be landscaped. Trees to be no further
apart than 75 ft. A minimum of one tree every 20 parking spaces.
- Every third parking bay to contain a 6'-0"wide landscape divider.
Location of Parking
In Yards: • Parking may be located in required Interior side and interior rear yards.
• Six parking spaces may be located in front of the building not less than 25 ft.
from a street line.
2 2 4 W 1: S T It u It 0 N S 'r it e c 'r 3 1 2 2 6 6 1 1 3 6
S u I •r r•. 7 F A S T 1; n x:
C u I C A c. 0 I 1. 1. 1 N 0 1 S 6 0 6 1 0 3 1 2 2 6 6 7 1 2 3
Memorandum to Bonnie Kos
June 1, 1993
Page 2
Enclosed Parking
Structure: Enclosed parking spaces shall have a vertical clearance of T-0".
Signs: • Maximum sign area=240 sq.ft.
• Maximum Height of Sign=8'-0"
• No closer than 10'-0"from an lot line and T-0"from an driveway on parking area.
Y
Y Y P 9
• Directional signs are not included in the sign area noted.
JMA:lb
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OF 04k
9C�0OUNTr,
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
Mr. Joseph M. Antunovich, AIA
Antunovich Associates
0 990- 3000
224 W. Huron Street, Suite 7 East
Chicago, IL 60610
RE: Eastern Arline Site -Zoning Analysis/Feasibility Study
Dear Mr. Antunovich:
This letter is written in response to your letter of June 8, 1993.
Based on my examination of your zoning analysis and two site feasibility studies, it is my opinion that either
scheme is reasonably feasible. Please keep in mind that your proposals are attempting to maximize the
development of this site. Final design typically requires some pulling back from the maximum conditions in
order to deal with all constraints.
Please note the following comments:
1. The proposed site plans are not fully dimensioned and annotated; and therefore specific
elements such as site area, building areas, and parking area design specifications cannot be
verified.
2. The stormwater management requirements cannot be verified.
3. The parking structure will have to be heavily screened along Harger Road and architecturally
consistent with the principal structures. (See Section M(E)(13) of the Zoning Ordinance -
page 952.)
4. For scheme B. the area of the connecting links may have to be included in the floor area(see
definition - page 981, definition 53.
5. Site topography may effect build out capability.
6. Vehicular access to Harger Road may not be permitted due to traffic constraints.
Please feel free to call if you have any questions or comments.
Sincerely,
Thomas R. Hawk
Director of Code Enforcement
cc: Bonnie Kos
Bruce Kapff
800 Commerce Drive file
t
to
_ 14k,
m0 ZONING SUMMARY
Zoning: ORA-1
Site Area: 652,355 sq.ft.
Floor Area Ratio: 0.45
I \ S Allowable Building Area: 293,560 sq.ft.
Allowable Building Height: 35 ft.or 3 Stories
Front Yard: 100 ft.
\ <, Side Yard: 30 ft. (Interior Yard 10 ft.for Parking)
,- Rear Yard: 40 ft. (Interior Yard 10 ft.for Parking)
' \ ` Loading: Three Berths for Maximum Office Build-out
\ Parking: 979 Parking Spaces (Required for Office Use
Maximum Build-out, One Space/300 sq.ft.)
- �F�l � UILDIr1�a
SS _ SCHEME A - AREA SUMMARY
Existing Office Building Area: 70,357 s .ft.
� - 9 sq
.ft.
Office Building Area: 223,203 sq.ft.
!� Total Office Building Area: 293,560 sq. ft.
- On-Grade Parking: 398 spaces
j 0FGIC, -to X ;H� Parking Structure (two levels): 794 spaces
t!) r QOM i2AMP - - 7o,�v7 .{�. ^ `
Iftw // \ Total Parking: 1,192 spaces
_ P
`��I2Jctti;Co_ �sc�
P.¢ca \ p,
------------4
NOFrrH
SCHEME SCALE: 1"=100'-0"
\\ JUNE 4, 1993
__ SITE FEASIBILITY STUDY
t,
EASTERN AIRLINES PROPERTY
c�<o.�7'
MCDONALD'S CORPORATION
Oak Brook Illinois
G EleG' iY ANTUNOVICH ASSOCIATES ARCHITECTS
Chicago Illinois
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ZONING SUMMARY
Zoning: ORA-1
lee
Site Area: 652,355 sq.ft.
Floor Area Ratio: 0.45
Allowable Building Area: 293,560 sq.ft.
\ ��1 Allowable Building Height: 35 ft. or 3 Stories
000 \ Front Yard: 100 ft.
Side Yard: 30 ft. (Interior Yard 10 ft.for Parking)
Rear Yard: 40 ft. (Interior Yard 10 ft.for Parking)
\ Loading: Three Berths for Maximum Office Build-out
d` \
Parking: 979 Parking Spaces (Required for Office Use
- � Maximum Build-out,One Space/300 sq.ft.)
--V gTo9y OFice IbuU01 Wo
Q SCHEME B - AREA SUMMARY
0 � New Office Building Area: 293,560 sq. ft.
On-Grade Parking: 361 spaces
Parking Structure (two levels): 829 spaces
-i2AMP-
' Total Parking: 1,190 spaces
ypiw
T�H•�B l. �
--- ---------------------� - �_ _—^__-- ----- SCHEME SCALE: 1"_100'-0"
f--
JUNE 4, 1993
I IeETENTION A Iee^
$ 'd - � "T�" ` t i SITE FEASIBILITY STUDY
EASTERN AIRLINES PROPERTY
MCDONALD'S CORPORATION
Oak Brook Illinois
ZOM tMElZGE t�i2 I V E ANTUNOVICH ASSOCIATES ARCHITECTS
�� _ Chicago Illinois
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