S-1595 - 01/28/2020 - ORDINANCE - Ordinances丁HE VILLAGE OF OAK
C00K AND DUPAGE COUN丁 :ES,
BR00K
ILLINO:S
ORDiNANCE
2020‐AG…OBPD―S-1595
AN ORD!NANCE
APPROVING AND AUttHORIZ!NG THE EXECU丁 10N OF
A LONG…TERM LEASE AGREEMENT
FOR THE PROPERTY COMMONLY REFERREDttO AS
丁HE KENSiNG丁 ON ROAD SURFACE PARK!NG LO丁,OAK BR00K,ILL!NOIS 60523
GOPAL G.LALMALANI,Village President
CHARLOWE K.PRUSS,Village Clerk
JOHN BAAR
PHILIP CUEVAS
MICHAEL MANZO
MOIN SAIYED
EDWARD TIESENGA
ASIF YUSUF
Village Board
Published in pamphlet form by authority of the
President and the Board of Trustees of the Village of Oak
Brook on this the 28th day of January,2020
ORDINANCE N0 2020■G-OBPD―S-1595
AN ORDINANCE
APPROViNG AND AUTHORIZING THE EXECUT10N OF
A LONG‐TERM LEASE AGREEMENT
FOR THE PROPERTY COMMONLY REFERRED TO AS
THE KENSINGTON ROAD SURFACE PARKING LOT,
OAK BR00K,ILLINOIS 60523
WHEREAS,the V∥lage of Oak BЮ ok(hereinafter referred to as the“V∥lage")is an i∥inOis
Municipal Corporation organized under and pursuant to the:aws ofthe State ofl∥inois:
WHEREAS,Section 2‐3‐8 ofthe l∥inois Municipal Code provides the Vi∥age the authority
to contract and be contracted with:
WHEREAS,the Vi∥age presen∥y owns tlle to real property wlhin the V∥lage boundanes
and is interested in entering an agreementto lease said property;
WHEREAS,the Vi∥age owns ttle to real property oommonly referred to as the Kensington
Road Surface Parking Lot,and referred to in the Lease Agreement,a copy of which is attached
hereto and made part hereof as Exhibit A,and is desirous ofleasing sald real property:
WHEREAS,pursuantto 65 1LCS 5/11‐76-2the V∥lage may approve pursuantto ordinance
the lease of any rnunicipal owned real estate:
VVHEREAS, pursuant to 65:LCS 5/11-76‐2 the corporate authorities may authorize the
lease of real estate for a term in excess of hventy years upon notice ofintentto adopt such an
ordinance;
WHEREAS,the V∥lage has published notice ofits intentto enterinto a lease agreement
forthe real estate referenced herein for penod in excess of t″Юnty years:and
WHEREAS,in the opinion of the corpOrate authodties of the Oak Brook,itis in the best
interests ofthe V∥lage to lease the real estate referred to herein,for a term notto exceed ninety―
nine years,pursuantto the terms and conditions ofthe lease agreement which is attached hereto
and made a part hereof as Exhibit A
NOVV,THEREFORE,BE IT ORDAINED,in open meeing assembled,by the V∥iage
President and Board of Trustees ofthe V∥lage of Oak Brook,Cook and DuPage Counties,|∥inois
as fo∥ows:
Section l―Recitals
The Corporate Authorities hereby find that a∥ of the recita:s hereinbefore stated as
contained in the preamble to the Ordinance are fu∥,true and correct and do hereby,by reference,
incorporate and make them part of this Ordinance as iegislative lndings
ORDINANCE NO. 2O2O.AG-OBPD-S-1 595
Lease Agreement Kensington Parking Lot
Page 2 oI5
Section 2 - Aoproval of Lease Aoreement
The Corporate Authorities of the Village of Oak Brook hereby approve the Long-Term
Lease for period greater than 20 years but less than 99 years for the real estate commonly
referred to as the Kensington Road Surface Parking Lot. The Village hereby approves the Lease
Agreement for a twenty-year period with a twenty-year option, substantially in the form attached
hereto and made a part hereof as Exhibit A.
Section 3 - Authorization
The Village President is hereby authorized to execute, and the Village Clerk is hereby
authorized to attest to the Lease Agreement, substantially in the form of such Lease Agreement
which is attached hereto as Exhibit A, with such changes therein as shall be approved by the
Village Attorney and the officials of the Village executing the same, their execution thereof to
constitute exclusive evidence of their approval to any and all changes or revisions therein from
and after the execution and delivery of such Lease Agreement.
Section 4 - Other Actions Authorized
The officers, employees and/or agents of the Village shall take all actions necessary or
reasonably required to carry out and give effect to the intent of this Ordinance and otherwise to
consummate the transactions contemplated herein, and shall take all actions necessary in
conformity therewith including, without limitation, the execution and delivery of all documents
required to be delivered in connection with the transaction contemplated herein.
Section 5 - Acts of Villaoe Officials
That all past, present and future acts and doings of the officials of the Village that are in
conformity with the purpose and intent of this Ordinance are hereby, in all respects, ratified,
approved, authorized and confirmed.
Section 6 - Effeclive Date
This ordinance shall be in full force and effec{ from and after its passage, approval and
publication as provided by law.
Section 7 - Publication
This ordinance shall be published in book or pamphlet form as provided by the lllinois
Municipal Code.
Section I - Conflict Clause
That all ordinances, parts of ordinances or board actions in conflict with the terms of this
ordinance shall be repealed to the extent of said conflict.
Section I - Savinq Clause
oRDtNANCE NO. 202o-AG-OBpD-S-1 595
Lease Agreement Kensington Parking Lot
Any part or parts of this ordinance declared by a court of law to be invalid or
unconstitutional shall not affect the validity of the remaining provisions of this ordinance or the
Oak Brook Municipal Code.
Section 10 - Recordino
This ordinance shall be entered into the minutes and upon the joumals of the Board of
Trustees of the Mllage of Oak Brook.
ORDINANCE N0 2020-AG‐OBPD‐S‐1595
Lease Agreement Kensington Parking Lot
Page 4 of5
APPROVED TH:S28th day of」anuary,2020
ι碁みン色・ _1-
Gopal G. Lalmalani
Village President
PASSED THIS 28th day of」anuary,2020
Trustee Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf
Ayes:
Nays:
Absent:None
A7「EST:
Charlotte K. Pruss
Village Clerk