S-1605 - 08/11/2020 - BOARD OF TRUSTEES - Ordinances Supporting DocumentsFRED BUC:HOLL, RECORDER
DUPAGE COUNTY I LL I NO I S
L-18, 31120,,>n 10.53 Am
DOCUMENT # R2020-096721
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
RECORDED DOCUMENT TITLE PAGE
Title of Document: ORDINANCE 2020-ZO-DP-CA-EX-S-1605 AN ORDINANCE APPROVING A
CERTIFICATE OF APPROPRIATENESS FOR THE PROPERTY LOCATED AT 3824 YORK ROAD IN
THE VILLAGE OF OAK BROOK, ILLINOIS
Property Address/es 3824 York Road, Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). _ 06-36-308-029
Name and Address of Applicant: Wintrust for Oak Brook Bank
9701 W. Higgins #250
Rosemont IL 60018
Name and Address of Responsible: Winturst Financial
Party to Receive Copy of
Recorded Document and Billing C/O Laura Slivka
Wintrust Financial
9701 W. Hiaains #250
Rosemont IL 60018
G/L Account to be charged: 10-1365
Prepared By and Return to: (Village of Oak Brook)
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
Name & Address of Recipient N/A_
of Consideration (when applicable):
G/L Account to be charged:
THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
ORDINANCE
NUMBER 2020-ZO-DP+CA-EX-S-1605
AN ORDINANCE APPROVING A
CERTIFICATE OF APPROPRIATENESS
FOR THE PROPERTY LOCATED AT 3824 YORK ROAD
IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-36-308-029)
GOPAL G. LALMALANI, Village President
CHARLOTTE 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 11th day of August, 2020
ORDINANCE 2020-ZO-DP+CA-EX-S-1605
AN ORDINANCE APPROVING A
CERTIFICATE OF APPROPRIATENESS
FOR THE PROPERTY LOCATED AT 3824 YORK ROAD
IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-36-308-029)
WHEREAS, Chicago Title Land & Trust Company is the owner as trustee, for the sole benefit of
Alan Rocca under trust number 10384 ("Owner"), of that certain property located at 3824 York Road, Oak
Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property');
WHEREAS, Wintrust Financial Corporation on behalf of Oak Brook Bank & Trust, is the lessee of
the Property ("Lessee");
WHEREAS, the Property is located in the Historic Graue Mill Gateway Area ("Historic Area'j;
WHEREAS, Section 13-8-6 of the "Zoning Ordinance of the Village of Oak Brook," as amended
("Zoning Regulations"), prohibits the issuance of a building permit for the erection, construction, exterior
alteration, or repair of any building or structure in the Historic Area except upon the issuance of a certificate
of appropriateness by the President and Board of Trustees;
WHEREAS, on October 27, 1998, the President and Board of Trustees adopted Ordinance No. 98-
SD-DP+CA-EX-S-914 ("Ordinance S-914"), issuing a Certificate of Appropriateness for the Property
subject to certain conditions and restrictions, including, among others, that all land modifications,
landscaping, and construction on the Property must be completed in substantial conformity with that certain
Site Plan prepared by RA Mifflin Associates Architects with a latest revision date of September 30, 1998;
WHEREAS, the certificate of appropriateness granted by Ordinance S-914 approved the
construction of the existing building and other related site improvements. As a part of those improvements,
the certificate of appropriateness depicted a monument sign and building wall sign affixed to a raceway;
WHEREAS, on January 28, 2014, the President and Board of Trustees adopted Ordinance No.
2014-ZO-DP+CA-EX-S-1392 ("Ordinance S-1392"), granting an amendment to the existing Certificate of
Appropriateness for the Property subject to certain conditions and restrictions, including, among others,
that all land modifications, landscaping, and construction on the Property must be completed in substantial
conformity with that certain Site Plan prepared by Icon Companies with a latest revision date of January
21, 2014;
WHEREAS, the amendment granted by Ordinance S-1392 approved a new monument sign that
was increased from a height of five feet (6) to eight feet (8') and replacement of the then -current tenant's
logo color to remain consistent with that tenant's corporate brand;
WHEREAS, on April 10, 2018, the President and Board of Trustees adopted Ordinance No. 2018-
ZO-DP+CA-EX-S-1529 ("Ordinance S-1529"), granting an amendment to the existing Certificate of
Appropriateness for the Property subject to certain conditions and restrictions, including, among others,
that the locations and appearance of a new tenant panel on the monument sign and a new wall sign, shall
be completed in substantial conformity with the Site Plan, sign plans, and location overview prepared by
Parvin-Claus Sign Company, consisting of 2 sheets, with a latest revision dates of January 15 and January
19, 2018;
Ordinance 2020-ZO-DP+CA-EX-S-1605
Wintrust for Oak Brook Bank and Rocca — 3824 York Road
Certificate of Appropriateness — Amend S-1605 - Signage
PIN: 06-36-308-029
Page 2 of 9
WHEREAS, the amendment granted by Ordinance S-1529 approved an increase to the building
wall sign from nineteen square feet (19 square feet) to twenty-six square feet (26 square feet) and a same -
for -same replacement of the monument sign tenant panel/logo. The tenant logo for both the monument sign
and building wall sign included grey, green and orange earth tone colors;
WHEREAS, Owner and Lessee (collectively, Owner and the Lessee are the "Petitioners") desire
to increase the building wall sign by one square foot, from twenty-six square feet (26 square feet) to twenty-
seven square feet (27 square feet) and to replace the monument sign face, all on the Property (collectively,
the "Work"), which Work does substantially conform with the Site Plan;
WHEREAS, the Petitioners have applied to the Village to amend the Certificate of Appropriateness
to allow for the completion of the Work ("Amended Certificate of Appropriateness");
WHEREAS, at its meeting on July 15, 2020, the Plan Commission ("PC') conducted a public
hearing on the request for the Amended Certificate of Appropriateness, pursuant to due and appropriate
legal notice;
WHEREAS, after the close of the public hearing, the PC recommended, by a vote of 6-0 approval
of the Petitioners' application, finding that the Petitioners satisfactorily addressed the standards required
for approval of the Amended Certificate of Appropriateness and making specific findings, including, among
others, that the Work was harmonious with the building design and satisfied the intent and purpose of the
Historic Area; and
WHEREAS, the President and Board of Trustees have reviewed the recommendation of the PC
and have determined that issuing the Amended Certificate of Appropriateness, as set forth in this
Ordinance, is in the best interests of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows:
Section 1. Recitals. The Board of Trustees hereby find that all of the recitals hereinbefore
stated as contained in the preamble to this ordinance are full, true and correct and do hereby, by reference,
incorporate and make them part of this ordinance as legislative findings.
Section 2. Grant of Amended Certificate of Aroroj_riateness. Pursuant to the standards set
forth in Chapter 8 of the Village's Zoning Regulations, and subject to and contingent on the conditions set
forth in Section 3 of this Ordinance, the Amended Certificate of Appropriateness is hereby granted to allow
for the completion of the Work on the Property.
Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly
subject to and contingent upon all of the following conditions:
A. The Work, to replace the two monument sign panels and will sign, shall be completed in
substantial conformance with the site plan, sign plans, and location overview prepared by
Olympik Signs, consisting of 5 sheets, with a latest revision date of May 13, 2020, attached
hereto and incorporated herein as Group Exhibit B (collectively, the "Petitioners' Plans");
B. The proposed signs shall comply with all other applicable requirements of the Oak Brook Sign
Code (including sign illumination);
C. Except as specifically provided in this Ordinance, all other conditions of Ordinance S-914, S-
1392, and S-1529 remain in full force and effect;
Ordinance 2020-ZO-DP+CA-EX-S-1605
Wintrust for Oak Brook Bank and Rocca — 3824 York Road
Certificate of Appropriateness — Amend S-1605 - Signage
PIN: 06-36-308-029
Page 3 of 9
D. The Petitioners shall comply with all Village requirements pertaining to applications for, and
compliance with, all applicable Village permits, licenses, or other approvals, except as
specifically varied or waived or modified by this Ordinance; and
F. Petitioners shall comply with all requirements of law, including without limitation federal, state,
and local laws, ordinances, resolutions, and regulations, relating to the Property.
Section 4. Failure to Comply with Conditions. Upon failure or refusal of the Petitioners to
comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Certificate of
Appropriateness granted in Section 2 of this Ordinance may, at the sole discretion of the President and
Board of Trustees, by ordinance duly adopted, be revoked and become null and void.
Section 5: Bindinq Effect- Non -Transferability. The privileges, obligations, and provisions of
each and every section and provision of this Ordinance are for, inure to the benefit of, and run with and
bind the Property, unless otherwise explicitly set forth in this Ordinance.
Section 6: Severability. If any section, paragraph, clause or provision of this Ordinance shall
be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance.
Section 7. Effective Date.
A. This Ordinance will be effective only upon the occurrence of all of the following events:
i. Passage by the President and Board of Trustees of the Village of Oak Brook
in the manner required by law;
ii. Publication in pamphlet form in the manner required by law; and
iii. The filing by the Petitioners with the Village Clerk, for recording in the Office of
the DuPage County Recorder of Deeds, of an unconditional agreement and
consent to accept and abide by each and all of the terms, conditions, and
limitations set forth in this Ordinance. The unconditional agreement and
consent must be executed by the Petitioner. The unconditional agreement
and consent must be substantially in the form attached hereto and
incorporated herein as Exhibit C.
B. In the event that the Petitioners do not file with the Village Clerk the unconditional agreement
and consent required by Paragraph 7.A.iii of this Ordinance within 60 days after the date of
final passage of this Ordinance, the Board of Trustees will have the right, in its sole discretion,
to declare this Ordinance null and void and of no force or effect.
Section 8. Passac-e Clause. That this ordinance shall take full force and effect from and after
its passage, approval and publication as provided by law.
Section 9. Publication. This ordinance shall be published in book or pamphlet form as
provided by the Illinois Municipal Code.
Section 10. Recording. This ordinance shall be entered into the minutes and upon the journals
of the Board of Trustees of the Village of Oak Brook.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2020-ZO.DP+CA-EX-S-1605
Wintrust for Oak Brook Bank and Rocca — 3824 York Road
Certificate of Appropriateness — Amend S-1605 - Signage
PIN: 06-36-308-029
Page 4 of 9
APPROVED THIS 11th day of August, 2020.
Gopal G. Lalmalani
Village President
PASSED THIS 11th day of August, 2020.
Ayes: Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf
Nays: None
Absent: None
0f DAA
ukrY
ATTEST:
Charlotte K. Press
Village Clerk
Ordinance 2020-ZO-DP+CA-EX-S-1605
Wintrust for Oak Brook Bank and Rocca — 3824 York Road
Certificate of Appropriateness — Amend S-1605 - Signage
PIN: 06-36-308-029
Page 5 of 9
EXHIBIT A
LEGAL DESCRIPTION
The subject property is located at 3824 York Road, in Oak Brook, Illinois and the legal description is as
follows:
PARCEL 1: LOT 1 IN J. LYNCH'S ASSESSMENT RESUBDIVISION OF PART OF TRACT B IN J. LYNCH
SECOND PLAT OF SURVEY (RECORDED FEBRUARY 11, 1954 AS DOCUMENT NUMBER 707775) OF
PART OF LOT 1 IN GMOSER AND BLUMA'S PLAT OF SURVEY (RECORDED JUNE 18, 1949 AS
DOCUMENT 5700094), IN THE SOUTH Y SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID J. LYNCH'S ASSESSMENT
RESUBDIVISION RECORDED MAY 2, 1957 AS DOCUMENT 840938, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 2: THAT PART OF TRACT B, J. LYNCH 2ND PLAT OF SURVEY (DOCUMENT NO. 707775),
A PART OF LOT 1, GMOSER AND BLUMA'S PLAT OF SURVEY SITUATED IN THAT PART OF THE
SOUTH Y OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: COMMENCING AT THE
SOUTHWEST CORNER OF THE SOUTH EAST'/ OF SECTRION 36, TOWNSHIP 39 NORTH, RANGE
11, EAST OF THE THIRD PRICIPAL MERIDIAN, THENCE EAST ALONG THE SOUTH LINE OF
SECTION 36, A DISTANCE OF 280.5 FEET TO A POINT IN THE CENTER LINE OF SPRING ROAD AS
NOW PLATTED AND RECORDED; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID
SPRING ROAD, A DISTANCE OF 245.90 FEET TO THE POINT OF THE BEGINNING,THENCE STILL
ALONG SAID CENTER LINE OF SPRING ROAD, A DISTANCE OF 85.0 FEET TO A POINT, THENCE
SOUTH 62 DEGREES 01 MINUTE WEST, A DISTANCE OF 175.0 FEET TO A POINT, THENCE SOUTH
27 DEGREES 59 MINUTES EAST, A DISTANCE OF 60 FEET TO A POINT: THENCE NORTH 70
DEGREES 09 MINUTES EAST, A DISTANCE OF 176.78 FEET TO THE POINT AND POINT OF
BEGINNING, EXCEPT THAT PORTION LYING IN SPRING ROAD, DEDICATED FOR HIGHWAY
PURPOSES, ALL IN DUPAGE COUNTY, ILLINOIS
PIN: 06-36-308-029
Ordinance 2020-ZO-DP+CA-EX-S-1605
Wintrust for Oak Brook Bank and Rocca — 3824 York Road
Certificate of Appropriateness — Amend S-1605 - Signage
PIN: 06-36-308-029
Page 6 of 9
GROUP EXHIBIT B
PETITIONERS' PLANS
e
1 %" 18'-011
311 — --
9'-21/2" 3 �/ 11
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Cfl N
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Leftside View
i�Wp��wa���r�ww
5" h x T'd Raceway painted
to match color of building
Front View
r `m
3"d Reverse Channel Ltr & u 1 %z" Ltr Stroke H 1.62" Ltr Stroke
Underscores, painted Black,
1" Stand -Offs on Aluminum Backer
HALO -LIT CHANNEL LETTERS ON BACKER PANEL ON RACEWAY- 112_=V-0"
3" DEEP CHANNEL LETTERS WITH FACE & RETURNS PAINTED BLACK. 11/2" STAND-OFFS, ALUMINUM BACKER PANEL PAINTED WHITE.
FRED BUCHOLZ, RECORDER
ALL CHANNEL LETTERS & UNDERSCORE MOUNTED TO BACKER PANEL THEN TO RACEWAY PAINTED TO MATCH COLOR OF BUILDING.
08/31/2020 10:53 AM
SIGN TO ILLUMINATE USING WHITE LED MODULE SYSTEM.
account representative client
ROB WHITEHEAD JR
OAK BROOK
B A N K & T R U S T
AR1V i Rl"4^ CONWUN Y BA.1iK
3824 YORK RD. OAK BROOK, IL. 60523
811
tJ1k
Rightside View
Portions of this dosuimm-4
tr illegible at time
of recording.
drawn by
DAN S./PAMELA F.
MS/SANOMSIML UNP!/BUSNEOO.YOiY/HGSUB�/TTEO/NCON/YECT/OA/dY?HAPBO✓ECTIYEABEPG4H�Y/HGFOBYOU TH/S/SNOTTOBECOP/EO, BEPBOOUCEO,
E.F'H/B/TEDOBSWAM 7OANYONEO!?S/OEOFYOUBOBGAA//LOT/ON{Y/THO!?THEIYB/1TENPEB.N/SS/ONOFOLYiHHP/CS/GHS Ave ABTWOBX/SEXCLUS/I�EPBOPEB7YOFOLYiIIP/CS/GH/NC
T
Customer's Signature: Date:
• job#: 20-8144
• 02-17-20
• rev.# 05-13-20
SIGN LAYOUT
Page 1 of 5
1
. �z '"W RECORDER PAGE OF 5
FRED BUCHOLZ, RECORDER08/31/2020 10:53 AM
OAK BP\Customer's Signature:
BANK & TRUST • job#:20-8144
account representative / client drawn by Q2-17-20
.'[ AlITYMl'ST COMMUNITY BAINK •
ROB WHITEHEAD JR 3824 YORK RD. OAK BROOK, IL. 60523 DAN S./PAMELA F • rev.# 05-13-20
III
.�
L 71Al DAY/N11
TH/S/SANOB/C/N44 UNFURL/SHEDDBAIy/NCSUBiI!/TTED/NCONNECT/ONIi%THAPBO✓ECTIYEABEPLANH/HCFOBYOU. TH/S/SNOTTOBECOP/EO, BEPBODUCED,
EXH/B/TEDOBSHOWNTOANYONEOUTS/OEOFiOUBOBCAN/ZAT/ONN7TH0!/TTHE/YB/7TENPEBib1/SS/ONOFOLY.fIP/CS/CNS, /NC A.47WOB.f/SEXCLUS/I�EPBOPEBTYOFOLYil1P/CS/CN/NC. Page 2 of 5
Date:
LO
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35Y4"
���muud��mm�Mu�
FRED BUCHOU, RECORDER
08/31/2020 10:53 AM
TWO 2 POLYCARB RE -FACES BLUE VINYL WITH COPY WEEDED OUT TO SHOW WHITE 1112"=P-0"
WHITE POLYCARBONATE FACES WITH VINYL TO MATCH PMS /#281 BLUEAPPLIED FIRST SURFACEAND COPY WEEDED OUT TO SHOW WHITE.
DUPAGE CO RECORDER PAGL 3 5'
OAK UkQ0K-
A N K s r a u s r
account representative client B
rAli:.\'iRl'S=' COh1h1UNITY BANK
ROB WHITEHEAD JR 3824 YORK RD. OAK BROOK, IL. 60523
• job#: 20-8144
drawn by -02-17-20
DAN S./PAMELA F. = • rev.# 05-13-20
71%/S/SANOB/G/AM UHPUBUSBEOO.fq{Y/yGSUBdI/77F0/yCOHNECT/ON6Y?HAPBOJECTIYEABEP/ANN/NGFOBYOU T/pS/SNOTTOBECOP/EO, BEPBOOUCEO,
EXB/B/TFOOBSHOl4iYTOANYONEO!?S/OEOFYOUBOBCAN/IAT/ONH?BO(?TBEH�9pTENPEBff/SS/ONOFOLY.11P/CS/GNS,/NCAB7lYOB.Y/SEXCLUS/YEPBOPEB7YOFOLYiTfP/CS/Gy/NC Page 3 of 5
Customer's Signature: Date:
FRED BUCHOLZ, RECORDER
08/31/2020 10:53 AM
DUPAGE CO RECORDER PAGE 4 OF 5
Customer's Signature:
Date:
OAK BROOK
• ob#:20-8144Comments:
Z71w BAN K & T R U S T
account representative client drawn by 02-17-20
ARiVTRL'3" COARSUNI'PY BANK � /--
ROB WHITEHEAD JR 3824 YORK RD. OAK BROOK, IL. 60523 DAN S./PAMELA F. rev.# 05-13-20
• • DAY/NIGHT CONCEPT
TH/S/SANOB/O/M4 UrYPUBUSHE00BAiY/M6SUBiff/TIED/NCONNECT/ONIf�%THAPBO✓ECTIYEABEPLAHH/N6FOBYOU. TB/S/SNOTTOBECOP/ED, BEPBODUCED,
fXH/B?EOOBSHOK'NTOANYOiYEOUTS/OEOFYOUBOBGAH/L4T/OHK?THO!/TTHE{YA/TTENPEIP.ff/SS/OiYOfOI{'.S1P/CS/GNS, /NG Page 4 of 5
VK
Of I c rLJiiz IV. I.J.
OAK BROOK-
Q����I� account representative client BANK & T R u s r •job#: 20-8144
drawn by
AIV-N-RCST CohtmuNTTY BANK • 02-17-20
ROB WHITEHEAD JR 3824 YORK RD. OAK BROOK, IL. 60523 DAN S./PAMELA F. • rev.# 05-13-20
MUNANOB/G/M4 UNPUBUSBEOOBAIy/iYGSUBif1/7TEB/NCONNEL7/O.V6Y/THAPBO✓ECT`YEABEPLAHN/NGFOBYOV TH/S/SiYOTTOBECOP/EB, BEPBOBUCEO,
EXH/B/TEOOBSBOiYNTOAHYONEO!/TS/BEOFYOUBOBG�9N/L4T/OAS{Y/11YOUTTHEK�P/TTENPEB�f/SS/ONOFOLYSfP/CS/GHS,IAV AB7SYOBf'/SEXCLUS/YEPBOPEB7YDF0L/f1P/CS/GH/NC. Page 5 of 5
Customer's Signature: Date:
DUPAGE CO RECORDER PAGE S OF s
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96721
FRED BUCHOLZ, RECORDER
08/31/2020 10:53 AM
Ordinance 2020-ZO-DP+CA-EX-S-1605
Wintrust for Oak Brook Bank and Rocca — 3824 York Road
Certificate of Appropriateness — Amend S-1605 - Signage
PIN: 06-36-308-029
Page 7 of 9
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village"):
WHEREAS, Wintrust Financial Corporation on behalf of Oak Brook Bank & Trust
("Lessee") and Chicago Title Land & Trust Company, as trustee for the sole benefit of Alan Rocca under
trust number 10384 ("Owner') (collectively, Lessee and the Owner are the "Petitioners'l, filed an
application with the Village for the approval of an amended certificate of appropriateness ("Certificate of
Appropriateness") to allow for an increase to the building wall sign by one square foot, from twenty-six
square feet (26 square foot) to twenty-seven square feet (27 square feet) and to replace the monument
sign face, all on the property located at 3824 York Road, Oak Brook, Illinois, and legally described in Exhibit
A attached hereto and incorporated herein ("Property'l; and
WHEREAS, Ordinance No. 2020-ZO-DP+CA-EX-S-1605 ("Ordinance"), adopted by the President
and Board of Trustees of the Village of Oak Brook on August 11, 2020, grants approval of the Certificate of
Appropriateness, subject to certain conditions, restrictions, and provisions; and
WHEREAS, Section 7 of the Ordinance provides, among other things, that the Ordinance will be of
no force or effect unless and until the Petitioners file this Unconditional Agreement and Consent with the
Village Clerk and consent to accept and abide by each of the terms, conditions and limitations set forth in
the Ordinance;
NOW, THEREFORE, the Petitioners do hereby agree and covenant as follows:
1. The Petitioners hereby unconditionally agree to accept, consent to, and abide by all of the terms,
conditions, restrictions, and provisions of the Ordinance.
2. The Petitioners acknowledge and agree that: (i) public notices and hearings have been properly
given and held with respect to the adoption of the Ordinance; (ii) the Petitioners have considered the
possibility that the Certificate of Appropriateness granted by the Ordinance may be revoked if the Petitioner
and Owner do not comply with the Ordinance; and (iii) the Petitioners agree not to challenge any such
revocation on the grounds of any procedural infirmity or a denial of any procedural right.
3. The Petitioners acknowledge and agree that the Village is not and will not be, in any way, liable for
any damages or injuries that may be sustained as a result of the Village's issuance of any permits for the
construction or use of the Property for the signs, and that the Village's issuance of any such permits does
not, and will not, in any way, be deemed to insure the Petitioners against damage or injury of any kind and
at any time.
4. The Petitioners agree to and do hereby hold harmless and indemnify the Village, the Village's
corporate authorities, and all Village elected and appointed officials, officers, employees, agents,
representatives, and attorneys, from any and all claims that may, at any time, be asserted against any such
parties in connection with the construction, operation, and use of the Property or the Village's adoption of
the Ordinance.
5. The restrictions imposed by this Unconditional Agreement and Consent shall be restrictions running
with the land and shall be binding upon and inure to the benefit of the Petitioners, their heirs, successors,
assigns, agents, licensees, lessees, invitees, and representatives, including, without limitation, all
subsequent owners of the Property, or any portion thereof, and all persons claiming under them to the
extent provided in this Unconditional Agreement and Consent. If any of the privileges or rights created by
this Unconditional Agreement and Consent would otherwise be unlawful or void for violation of (1) the rule
against perpetuities or some analogous statutory provision, (2) the rule restricting restraints on alienation,
Ordinance 2020-ZO-DP+CA-EX-S-1605
Wintrust for Oak Brook Bank and Rocca – 3824 York Road
Certificate of Appropriateness – Amend S-1605 - Signage
PIN: 06-36-308-029
Page 8 of 9
or (3) any other statutory or common law rules imposing time limits, then the affected privilege or right shall
continue only until 21 years after the death of the last survivor of the now living lawful descendants of the
current President of the United States, or for any shorter period that may be required to sustain the validity
of the affected privilege or right.
6. This Unconditional Agreement and Consent may not be amended, modified, released or annulled
except upon the express, prior written approval of the Village of Oak Brook.
IN WITNESS WHEREOF, LAU ZAi 'SL IVeA- executed this Unconditional Agreement
and Consent on behalf of Wintrust Financial Corporation on behalf of Oak Brook Bank & Trust on this
194A day of. Au&u ST '2020.
Wintrust Financial Cor oration
By:
Its: AU -P ! mcia
State of Illinois
County of DuPage
I> - P. �N - a Notary Public in and for the County and State aforesaid do
hereby certify that 4.454IVKkpersonally known to me, and that he/she
appeared before me this 13 -64 -day of Aveou b'T 2020, and acknowledged that he/she
V GA yl Kexe ted this instrument.
OffICIAI SEAL
NotafY lie, -Stet* Of 111" 1
l My Com� ion Expirts
aG ii , 2022 Notary Public
IN WITNESS WHEREOF, AL aexecuted this Unconditional Agreement
and Consent by Alan Rocca Trust 10384, owner on this 17 day of , 2020.
Chicago Title Land & Trust Company, under
trust number 10384
By:
v -
v T2
State of Illinois Its: e.
County of DuPage
I, (:;;;,*/L a Notary Public in and for the County and State aforesaid do
hereby certify that - LA#J Ro Cc personally known to me, and that he/she
appeared before me this ""' _ day of . AV&,5- _, 2020, and acknowledged that he/she
personally executed this instrument.
Notary Public
V GAIL POLANEK
OFFICIAL SEAL
Lo Notary Public, State of Illinois
My Commission Expires
April 10, 2022
Property:
Ordinance 2020-ZO-DP+CA-EX-S-1605
Wintrust for Oak Brook Bank and Rocca — 3824 York Road
Certificate of Appropriateness — Amend S-1605 - Signage
PIN: 06-36-308-029
Page 9 of 9
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
The subject property is located at 3824 York Road, in Oak Brook, Illinois and the legal description is as
follows:
PARCEL 1: LOT 1 IN J. LYNCH'S ASSESSMENT RESUBDIVISION OF PART OF TRACT B IN J. LYNCH
SECOND PLAT OF SURVEY (RECORDED FEBRUARY 11, 1954 AS DOCUMENT NUMBER 707775) OF
PART OF LOT 1 IN GMOSER AND BLUMA'S PLAT OF SURVEY (RECORDED JUNE 18, 1949 AS
DOCUMENT 5700094), IN THE SOUTH'/ SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID J. LYNCH'S ASSESSMENT
RESUBDIVISION RECORDED MAY 2, 1957 AS DOCUMENT 840938, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 2: THAT PART OF TRACT B, J. LYNCH 2ND PLAT OF SURVEY (DOCUMENT NO. 707775),
A PART OF LOT 1, GMOSER AND BLUMA'S PLAT OF SURVEY SITUATED IN THAT PART OF THE
SOUTH '/z OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: COMMENCING AT THE
SOUTHWEST CORNER OF THE SOUTH EAST % OF SECTION 36, TOWNSHIP 39 NORTH, RANGE
11, EAST OF THE THIRD PRICIPAL MERIDIAN, THENCE EAST ALONG THE SOUTH LINE OF
SECTION 36, A DISTANCE OF 280.5 FEET TO A POINT IN THE CENTER LINE OF SPRING ROAD AS
NOW PLATTED AND RECORDED; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID
SPRING ROAD, A DISTANCE OF 245.90 FEET TO THE POINT OF THE BEGINNING,THENCE STILL
ALONG SAID CENTER LINE OF SPRING ROAD, A DISTANCE OF 85.0 FEET TO A POINT, THENCE
SOUTH 62 DEGREES 01 MINUTE WEST, A DISTANCE OF 175.0 FEET TO A POINT, THENCE SOUTH
27 DEGREES 59 MINUTES EAST, A DISTANCE OF 60 FEET TO A POINT: THENCE NORTH 70
DEGREES 09 MINUTES EAST, A DISTANCE OF 176.78 FEET TO THE POINT AND POINT OF
BEGINNING, EXCEPT THAT PORTION LYING IN SPRING ROAD, DEDICATED FOR HIGHWAY
PURPOSES, ALL IN DUPAGE COUNTY, ILLINOIS
PIN: 06-36-308-029