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S-1629 - 08/24/2021 - VARIATION - Ordinances Supporting Documents yVOpf CAIr September 14, 2021 D N G O A \a V CCU 11 \\ Village of McDonald's USA, LLC Core States Oak Brook 711 Jorie Blvd. Zach Michaels 1200 Oak Brook Road Br Oak Brook,IL 60523-225 3rd Floor 6500 Chippewa St. Oak Brook, Illinois 60523 Suite 200 Website www.oak-broo k.o St. Louis, MO 63109 r� Administration 630.368.5000 Re: Recorded Document on September 09, 2021 FAX 630.368.5045 ORDIINANCE 2021-ZO-V-EX-S-1629, An Ordinance Granting an Amendment to the Existing Special Use Permit and Parking Variation to Allow for an Order Ahead 6300.3 Community368.5101 Development Lane at 2111 Midwest Road in the Village of Oak Brook, Illinois FAX 630.368.5128 Document#R2021-135187 Engineering Department 630.368.5130 FAX 630.368.3985 To Whom It May Concern: Fire Department A copy of the above-mentioned recorded document is enclosed for your records. This 630.368.5200is important y t information and should be retained in a secure area with our files. FAX 630.3630.368..5151 28 p Police Department Please do not hesitate to contact me at 630-368-5036 if you have any questions 630.368.8700 regarding this matter. FAX 630.368.8739 Public Works 'Thank You, , 630.368.5270 FAX 630.368.5295 Oak Brook '1",{`'�,,✓'' Public LibrarN Kathy Vonachen, CPP, CMC 600 Oak Brook Road H.R. Director Oak Brook,IL 60523 630.368.7700 FAX 630.368.7704 Oak Brook Sports Cor c Enclosure Bath Tennis Club 700 Oak Brook Road cc: Tony owsDirectorp Budzikki, of Development Services Oak Brook,IL 60523 Doug Patchin, Director of Public Works& Engineering 630.368.6420 Official Files FAX 630.368.6439 . Golf Club 2606 York Road Oak Brook,IL 60523 630.368.6400 FAX 630.368.6419 811111IIIIIIIIIIIIIIIIIIIIilillll i ? 5 4 6 7 S T::,40'4447r, KATHLEEN V. CARRIER, RECORDER DUPAGE COUNTY ILLINOIS 09/09/2021 12:26 PM DOCUMENT # R2021-135187 DOCUMENT SUBMITTED WITH LOW QUALITY/ILLEGIBLE PORTIONS (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 2021-ZO-V-EX-S-1629 AN ORDINANCE GRANTING AN AMENDMENT TO THE EXISTING SPECIAL USE PERMIT AND PARKING VARIATION TO ALLOW FOR AN ORDER AHEAD LANE AT 2111 MIDWEST ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS Property Address/es 2111 Midwest Rd Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-22-303-33 Name and Address of Applicant: Zach Michaels—Core States Group 6500 Chippewa St Suite 200 St Louis MO 63109 Name and Address of Responsible: Zach Michaels (See above) Party to Receive Copy of Recorded Document and Billing McDonalds' USA. LLC Zach Michaels—Core States 711 Jorie Blvd 3rd Floor 6500 Chippewa St Suite 200 Oak Brook IL 60523 St Louis, MO 63109 G/L Account to be charged: 10-1365 Prepared By and Return to: Village of Oak Brook 1200 Oak Brook Roa Oak Brook, Illinois 60523-2255 Name &Address of Recipient N/A of Consideration (when applicable): G/L Account to be charged: Y2 THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2021-ZO-SU-V-EX-S-1629 AN ORDINANCE GRANTING AN AMENDMENT TO THE EXISTING SPECIAL USE PERMIT AND PARKING VARIATION TO ALLOW FOR AN ORDER AHEAD LANE AT 2111 M I DWEST ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk LAURENCE HERMAN MICHAEL MANZO JAMES NAGLE A. SURESH REDDY 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 24th day of August, 2021 ORDINANCE 2021-ZO-V-EX-S-1629 AN ORDINANCE GRANTING AN AMENDMENT TO THE EXISTING SPECIAL USE PERMIT AND PARKING VARIATION TO ALLOW FOR AN ORDER AHEAD LANE AT 2111 MIDWEST ROAD N THE VILLAGE OF OAK BROOK,ILLINOIS PIN5:06-22-303-033 WHEREAS,the Village of Oak Brook(the "Village") is a municipal corporation organized pursuant to the laws of the State of Illinois; WHEREAS,the Village is authorized by the Illinois Municipal Code, 65 ILCS 5/11-13-5,to vary its zoning regulations where there are practical difficulties or particular hardship in observing those regulations for the use,construction,or alteration of buildings or structures or the use of land; WHEREAS, Core States Group (the "Petitioner") has submitted a petition an behalf of McDonald's USA, LLC(the "Owner")the owner of the property located at 2111 Midwest Road, Oak Brook IL and legally described in EXHIBIT A, which is attached hereto and incorporated herein,(the"Property"); WHEREAS, on March 25, 1980 the Village approved Ordinance 5-448 which provided a special use permit to allow for a drive-thru establishment on the Property; WHEREAS, on February 18, 2009 the Village approved Ordinance 2009-20-SU-EXI-S- 1255 which provided a special use for two drive-thru lanes and outdoor seating on the Property; WHEREAS,on February 1Q 2009 the Village approved Ordinance 2009-20-V-EXI-S-1257 which provided a sign variation and parking space requirement reduction from 79 to 52 spaces; WHEREAS, Petitioner is now requesting the approval of an amendment to the previously approved special use permits and a parking variation to add an Order Ahead Lane("OAL")in the restaurant drive-thru area,and to reduce the off-street parking spaces located on the Property from 52 to 45; WHEREAS,at its meeting on June 21,2021,the Plan Commission reviewed the proposed amendment to the special use and recommended approval of the proposed special use amendment in accordance with the special use factors attached hereto and incorporated herein as Exhibit R WHEREAS, at its meeting on July 4 2021 the Zoning Board of Appeals conducted the required public hearing pursuant to due and appropriate legal notice and found that the applicant had addressed and satisfied the requirements with respect to the proposed special use amendment and zoning variations; WHEREAS,the Zoning Board of Appeals recommended approval of the special use and zoning variations and found that the Petitioner satisfactorily addressed the factors required for approval of the requested special use amendment and zoning variations and made specific findings, which are attached hereto and incorporated herein as Exhibits B and C respectively,including that the special use will not endanger the public health,safety and welfare,and that there will be no substantial injury to other property in the neighborhood;and WHEREAS,the Village President and Board of Trustees have reviewed the recommendation of the Plan Commission and Zoning Board of Appeals and deem the special use and zoning variations,as set forth below,to be in the best interests of the Village. NOW,THEREFORE,BE ITORDAINED BYTHE PRESIDENT AND BOARD OFTRUSTEES OFTHE VILLAGE OF OAK BROOK,DUPAGE AND COOK COUNTIES,ILLINOIS,as follows: Section 1. Recitals. The foregoing recitals are restated and incorporated herein as the findings of the President and Board of Trustees. Section 2. Restatement and Grant of Special Use. Subject to,and contingent on the conditions,restrictions,and provisions set forth in Section Four of this Ordinance,the Village Board of Trustees shall,and does hereby,grant an amendment to special use Ordinance 2009- ZO-SU-EXI-S-1255 which provided a special use for two drive-thru lanes and outdoor seating on the Property,to now permit and allow the reconfiguration and installation of a separate DAL to run parallel to the drive-thru lane on the north and east side of the restaurant building in accordance with the submitted plans and subject to the conditions contained herein. Section 3. Restatement and Grant of Variations. Subject to,and contingent on the conditions,restrictions,and provisions set forth in Section Four of this Ordinance,the Village Board of Trustees shall,and does hereby,approve variations to the Zoning Regulations to allow for variation to Section 13-12-5 of the Zoning Regulations to permit a total of 45 off-street parking spaces in lieu of the 79 spaces otherwise required by Village Code. Section 4. Conditions.The special use and variations granted in Section 2 and Section 3 of this Ordinance are expressly subject to and contingent upon each of the following conditions: A. Compliance with Plans. The Property shall be in substantial conformance to the site plan,wayfinding signage,landscape plan and building elevations identified as Exhibit D; B. Compliance with Laws. The development,maintenance and operation of the Property must comply with all applicable, State, County and Village Statutes, ordinances,codes,rules and regulations; C. Submittal of a code-compliant landscape plan to provide additional screening and buffering for the relocated trash enclosure area at the northeast corner of the Property. The landscape plan must include trash enclosure fence/wall details. A final landscape plan shall be submitted as part of the building permit review and permitting process; D. Site directional signage and pavement markings shall be re-evaluated by the petitioner/property owner to be sure that the directional signage/pavement markings are clear and effective for motorists traveling through each respective site,to be reviewed and approved by staff, E. Notwithstanding the attached Exhibits,the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. F. That all previously approved special uses and variations granted to this property not in conflict with this request will remain in full force and effect. Section 5. Failure to Comply with Conditions. Upon failure or refusal of the Petitioner to comply with any or all of the conditions, restrictions,or allowances as amended by this Ordinance, the Special Use and Variation Amendment granted in Sections 2 and 3 of this Ordinance will,at the sole discretion of the Village President and the Village Board of Trustees, by ordinance duly adopted,be revoked and become null and void. Section 6. Binding Effect: Non-Transferability. The privileges, obligations, and provisions of each and every section and provision of this Ordinance are for and inure to the benefit of and run with and bind the Property, unless otherwise explicitly set forth in this Ordinance. Section 7. 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 8. Conflict Clause. All ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 9. Effective Date. A. This Ordinance will be effective only upon passage by the President and Board of Trustees of the Village of Oak Brook in the manner required by law and publication in pamphlet form in the manner required by law. B. The filing by the Owner with the Village Clerk,for recording in the Office of the DuPage County Recorder of Deeds, of an unconditional agreement and consent ("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 bythe Owner.The unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit E.In the event that the Owner does not file with the Village Clerk the unconditional agreement and consent required herein within 60 days after the date of final passage of this Ordinance,the Board of Trustees will have the right,in their sole discretion,to declare this Ordinance null and void and of no force or effect. APPROVED AND PASSED THIS 24th day of August 2021. / Gopal G.Lalmalani Village President PASSED THIS 2411 day of August 2021. Ayes: Trustees Herman,Manzo,Reddy,Tiesenga,Yusuf Nays: None Absent: Trustee Nagle y'St OF O4.t ATTEST: c Charlottle K.Pruss ?� Village Clerk �UUNiV EXHIBIT A [Legal Description] Lot 2(except the North 50 feet)in McDonald's Resubdivision of Lots 1 and 2 in T.Mohlman Resubdivision,a Subdivision in the East half of the Southwest quarter of Section 22,Township 39 North, Range 11,East of the Third Principal Meridian,according to the plat of said McDonald's Resubdivision August 28,1972 as Document R-72-51569,in DuPage County,Illinois. Per Warranty Deed R2007-046758 The North 50 Feet of Lot 2 in T.Mohlman Resubdivision,a Subdivision in the East half of the Southwest quarter of Section 22,Township 39 North,Range 11,East of the Third Principal Meridian,according to the plat of said McDonald's Resubdivision August 28,1972 as Document R72-51569,in DuPage County, Illinois. Together with the Following Described Property: THE WEST 15.00 FEET OF LOT 5 IN BLOCK 6 IN TOWN DEVELOPMENT COMPNAY'S ELMHURST COUNTRYSIDE UNIT NO.5,BEING A SUBDIVISION IN THE SOUTH Y.OF SECTION 22,TOWNSHIP 39 NORTH,RANGE 11,EAST OF THE THIRD PRINICIPAL MERIDIAN;ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 26,1945 AS DOCUMENT 488359 IN DUPAGE COUNTY,ILLINOIS. Per Warrant Deed R2007-045757 EXHIBITS B [Special Use Factors] CORE STATES Nammu AFMMM►11 GROUP May 13, 2021 Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Re: Special Use Factors McDonald's Restaurant 2111 Midwest Road, Oak Brook, IL Dear Village of Oak Brook: The information detailed below,Special Use Factors, is part of our application for a Special Use Amendment for the proposed drive-thru remodel project at the existing McDonald's restaurant located at 2111 Midwest Road in the Village of Oak Brook. I am submitting this information on behalf of my client, McDonald's USA, LLC.The project is located on the parcel described below: Special Use Factors In consideration of the Special Use Amendment application, the following standards must be addressed and met for approval by the Plan Commission,Zoning Board of Appeals, and Village Board. 1. Is of the type described in subsection Al of this Section (Village of Oak Brook Zoning Ordinance, Section 13-14-9:Special Uses), is deemed necessary for the public convenience at that location; Response: The proposed remodel project is designed for convenience of the customer. The Order Ahead Lane provides the customer an opportunity to order remotely, and pick up their orders at a time which is convenient to them, and will reduce wait times in the drive-through lanes itself. 2. Is so designed, located, and proposed to be operated that the public health,safety and welfare will be protected; Response: The proposed modification to the drive-through configuration to add the Order Ahead Lane is being implemented to provide customers with another safe, and contoctless means to pick up their orders at the existing restaurant. This will be beneficial to the public health, safety, and welfare of the customer. The proposed remodel is located at the most ideal part of the existing . am mmo Page 2 May 13,2021 property,and appropriately located on the building.With the remodel,operation of the restaurant will remain intact and will help reduce the amount of congestion elsewhere on site. 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. Response:It is our firm belief that this remodel project will not have an impact to the property values of the neighboring parcels.Since this is an existing restaurant with drive-through operations,and we are only proposing a modification to the layout we believe there will be no impact to adjacent properties.The Order Ahead Lane will not create any more traffic than the current conditions.Instead,it will provide another means to the customer for how they can pick up their orders. Thank you for the consideration of this proposed Special Use Amendment.If there are any questions as to the contents of this document,please do not hesitate to reach out to me directly. Sincerely, Zach Michels,P.E. Project Manager Core States Group 636.221.22311 zmichelsOcore-states.com EXHIBIT C [Zoning Variation Findings] CORE STATES Wammu t0=0101 GROUP May 20, 2021 Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Re: Variation Standards McDonald's Restaurant 2111 Midwest Road, Oak Brook, IL Dear Village of Oak Brook: The information detailed below,Variation Standards, is part of our application for a Variation for the proposed drive-thru remodel project at the existing McDonald's restaurant located at 2111 Midwest Road in the Village of Oak Brook. I am submitting this information on behalf of my client, McDonald's USA,LLC.The project is located on the parcel described below: Variation Standards The Variation requested is for Section 13-12-5:To reduce the minimum number of off-street parking spaces. In consideration of the Variation application,the following standards must be addressed and met for approval by the Village of Oak Brook. 1.a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located Response:The proposed remodel project is designed for safety and convenience of the customer and is a direct response to the Covid-19 pandemic. The pandemic proposed unique challenged for the fast-food restaurant business, and required adaptive measures to be designed in order to provide customers a safe way to pick up their food,and allows the restaurant to continue to grow financiolly and operate seamlessly. The Order Ahead lane will incorporate a unique mechanism for providing customers their food which will maximize the safety and efficiency of the restaurant. 1.b. The plight of the owner is due to unique circumstances. Response:Prior to the Covid-19 pandemic, over 70%of total sales at the existing restaurant were generated at the drive-through facilities. With the shut down of inside dining, the only way for 6,100 Chippewa Street I Sdie 200 314.843,432D www.core-states corn St Louis, •63109 Page 2 May 13,2021 customers to pick up food from the restaurant was at the drive through. Since this offered a safe way to pick up food, customers continue to use the drive through and will continue to do so in the future. Since the demands of the consumer has changed, it is necessary to update and upgrade the facilities in order to stimulate growth and success of the restaurant.All of these reasons make it necessary to remodel the existing drive through, which requires the need for the variation to reduce parking. 1.c. The variation, if granted,will not alter the essential character of the locality. Response:With reduction in parking stalls on site, there will be no impact to the character of the locality. The property will still operate as a drive-through restaurant as it is existing, but will provide another means to the consumer to pick up their food. 2.a. The particular physical surroundings, shape,or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. Response:As mentioned previously, the request for this variation is a direct response to the Covid- 19 pandemic. The applicant will experience a particular hardship if the requested variation was not approved,since the Order Ahead Lane is way to provide a safe and contactless pick up point for the consumer. The variation would not allow for the drive-through remodel to happen, since reconfiguration of the parking stalls is necessary to facilitote the design. 2.b. The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. Response:The proposed variation is a result of on unique design for the Order Ahead Lone and transporter system, which is not applicable to the surrounding properties in the some zoning classification. 2 c. The granting of the variation will not be detrimental to the public welfare or injurious to the other property or improvements in the neighborhood in which the property is located. Response:It is our firm belief that this remodel project will not have on impact to the property values of the neighboring parcels. Since this is an existing restaurant with drive-through operations, and we are only proposing a modification to the layout, we believe there will be no impact to adjacent properties. The Order Ahead Lane will not create any more traffic than the current conditions. Instead,it will provide another means to the customer for how they con pick up their orders. eta �_ WMW Page 3 May 13,2021 2.d. The granting of the variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire,or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. Response: The requested variation of a reduction in parking stolls will not impact the adequate supply of light and air to the odlacent property, nor increase the danger of fire, or otherwise endanger the public safety. The continued use of the subject property as a restaurant with drive- through facilities and the proposed improvements will not diminish or impair property values in the surrounding neighborhood. 2.e. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. Response:The requested variation is sought in order to facilitate a reinvestment in unique facilities to support the response to the Covid-19 pandemic, and to provide a safe, and con tactless way for consumers to pick up their food for the future. While the economic success of the future operation is critical to the investment of the improvements, the redevelopment is focusing on the safety and well-being of the consumers for the future. 2.f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. Response: The difficulty or hardship in the remodel of this site with the Order Ahead lane without the requested variation has not been caused by the Applicont, but rather is a direct response to the Covid-19 pandemic and the changing market demands of the post-pandemic world, and the lasting impact made to the restaurant industry. Thank you for the consideration of this proposed Variation. If there are any questions as to the contents of this document, please do not hesitate to reach out to me directly. Sincerely, Zach Michels, P.E. Project Manager Core States Group 636.221 2231 1 zmichels@core-states.com a � �l3 2d mug mm- EXHIBIT D [Site Plan,Wayfinding Signage,Landscape Plan and OAL Elevations] 1 1 1 IPA LU A GES`.NOTES. ,V ° I '' ___� 6lL.JL ��` • .� ` d r...or.r. naso wme � �..7 d[i Trz o. ° 0 11 rl �• b� i N j i l�ttJill -- -•Tom"..--�.��.�.�1 --^S" '-.��.-'�- 1 �-•3 1 F 1 ° SITE LEGEND GENEPP OEVELOPMENTNOTES. I .ii p .�1 �.^�"imnrPW.:.si ,n•�uonewvv roien�Nrwsv�..lmr.o vru,r_w.amna Pecnr..row..�oo..rsro,u,un.vn moe a..�nm q 3^, � :N II• SITE " o..Q.•0' mO�sO w�e�,wr�Ra„a,�•... .: J:r DYED NOTES: P nave Iv iovwvc�wo[raNan. N °ten• SITE PUN NICD 1 Km 1 Pin 4A ...................... !WOOS-, z i 1 • 1 s 1 1 T 1 e 1 s 1 to 1 n 1 I] w.r o PLANT SCHEDULE Lu Lu cm 9Sfi ® I p EXISTING�VEGETATIOaN M Iw«wmua •I �i! —— n • ��E 0, All 1t� D I 0 till Ial� •+ No snc ii ROOT WRIERS GENERAL PLANTING NOTES Fy«rsaror + L. +w.asasrwroreore,esuap.s laauyjWawna s. wn mo¢vw«aaawr aexawv«'wnaa [+a«u[ne,mrwi ,sns,vx,w,rcantrzs. a swr occu — swu w.cwrzirrwsuw sonar uc*p« .sAxi fM MULCHES MCDON AI , rva«,vArrcE as n«w.uuspcaw wume•wr+a+mawwauw.tnuarrvr.,«w osA woo.+i c ,.ff.w�,«w,.«.a««re ww.nwnw«. roma,res wwr«e,w.waw,� a Nw.ro,w.,w..carve« ,a womaa,wrm rAow aavws ��°1�aw�� o �oo�„cox3 «.«+b,...�u a«,.crw.m A•rz,wa„ao,war«u r „«..rr,w.+mo.n.x.QHO1`araiwaa �ro+: i —.SCAPE PLANTING _ aswrw aow«wN.Yi.iva , I +a see arcorranws oxoVs «,V won Nra n�,wa�'rzius�ova uw.e[runruw[�o � a ' EVERGREEN _ • Scale LP-1 CANOPY WIDTH (20'-8") CANOPY (20'-8") r _r_ � -��-r-� �--� .�.■ � - _.SII ��' r 1 Vgg ,11u 'S3 \r. EXHIBIT E UNCONDITIONAL AGREEMENT AND CONSENT WHEREAS,an application has been filed by McDonald's USA,LLC,as Owner("Owner"),of the property located at 2111 Midwest Road, Oak Brook, Illinois, which is legally described in Exhibit 1 attached hereto and incorporated herein(hereinafter referred to as the"Subject Property"),requesting a Special Use Permit and Variation to the Zoning Ordinance of the Village of Oak Brook, as amended ('Zoning Regulations'), to permit an Order Ahead Lane ("OAL") and reduction in off- street parking on the Subject Property;and WHEREAS,Ordinance No 2021-ZO-V-EX-S-1629 adopted by the President and Board of Trustees of the Village of Oak Brook on August 24, 2021 grants approval of the Special Use Permit and Variation subject to certain modifications,conditions,restrictions,and provisions;and WHEREAS,the Ordinance provides,among other things,that the Ordinance will be of no force or effect unless and until Owner files this Unconditional Agreement and Consent with the Village Clerk and consents to accept and abide by each of the terms,conditions and limitations set forth in the Ordinance. NOW,THEREFORE,Owner does hereby agree and covenants as follows: 1. The Owner hereby unconditionally agrees to accept,consent to,and abide by all of the terms, conditions,restrictions,and provisions of the Ordinance. 2. The Owner acknowledges that:(1)public notices and hearings have been properly given and held with respect to the adoption of the Ordinance;(ii)the Owner has considered the possibility that the Special Use Permit and Variation granted by the Ordinance may be revoked if the Owner does not comply with the Ordinance;and(iii)The Owner agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Owner acknowledges and agrees 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 use of the Property,the construction of OAL and that the Village's issuance of any such permits does not,and will not,in any way,be deemed to insure the Owner against damage or injury of any kind and at any time. 4. The Owner agrees to and does 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 of such parties in connection with the 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 Owner and his 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 him 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,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 1 his Umondsxmal Agreement and Consent my not be amended,modified.released or annulled except upon the express.pnor written approval of the Village of Oak Brook IN WITNESS WHEREOF.M cDoneid's USA.LLC.owner executed the Uncond6honal Agreement and Consent on the 7th day of �SMlemhrr.2021 By. Its Senior Counsel State of hlmom County of Kant 1 I. Taman 1.Salinas a Notary Public in and for fhb County and Slate aforesaid do hereby ontity Nat McDonald's USA.LLC,persaety known tome,and that he appeared before me this 7th day of Sepurnber .2021,and acknowledged that he pe ionapy executed this instrument. Notary Public Seal OFFICIAL SEAL TAMARA L SAUNAS NOTARY PUML C-STATE Or LLPOS M'00WASSION OMSoIgI?! EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: Lot 2(except the North 50 feet)in McDonald's Resubdivision of Lots 1 and 2 in T.Mohlman Resubdivision,a Subdivision in the East half of the Southwest quarter of Section 22,Township 39 North, Range 11,East of the Third Principal Meridian,according to the plat of said McDonald's Resubdivision August 28,1972 as Document R-72-51569,in DuPage County,Illinois. Per Warranty Deed R2007-046758 The North 50 Feet of Lot 2 in T.Mohlman Resubdivision,a Subdivision in the East half of the Southwest quarter of Section 22,Township 39 North,Range 11,East of the Third Principal Meridian,according to the plat of said McDonald's Resubdivision August 28,1972 as Document R72-51569,in DuPage County, Illinois. Together with the Following Described Property: THE WEST 15.00 FEET OF LOT 5 IN BLOCK 6 IN TOWN DEVELOPMENT COMPNAY'S ELMHURST COUNTRYSIDE UNIT NO.5,BEING A SUBDIVISION IN THE SOUTH''/:OF SECTION 22,TOWNSHIP 39 NORTH,RANGE 11,EAST OF THE THIRD PRINICIPAL MERIDIAN;ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 26,1945 AS DOCUMENT 488359 IN DUPAGE COUNTY, ILLINOIS. Per Warrant Deed R2007-045757 iiiiiiiiiiiiiiiiiiiiiillilliEllI Tr:40344476 KATHLEEN V. CARRIER, RECORDER DUPAGE COUNTY ILLINOIS 09/09/2021 12:26 PM DOCUMENT # R2021-135187 DOCUMENT SUBMITTED WITH LOW QUALITY/ILLEGIBLE PORTIONS (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 2021-ZO-V-EX-S-1629 AN ORDINANCE GRANTING AN AMENDMENT TO THE EXISTING SPECIAL USE PERMIT AND PARKING VARIATION TO ALLOW FOR AN ORDER AHEAD LANE AT 2111 MIDWEST ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS Property Address/es 2111 Midwest Rd Oak Brook Illinois 60523 If vacant land,so state and list nearest cross streets) PIN No(s). 06-22-303-33 Name and Address of Applicant: Zach Michaels—Core States Group 6500 Chippewa St Suite 200 St Louis MO 63109 Name and Address of Responsible: Zach Michaels(See above) Party to Receive Copy of Recorded Document and Billing McDonalds'USA LLC Zach Michaels—Core States 711 Jorie Blvd 3r°Floor 6500 Chippewa St Suite 200 Oak Brook IL 60523 St Louis MO 63109 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 2021-ZO-SU-V-EX-S-1629 AN ORDINANCE GRANTING AN AMENDMENT TO THE EXISTING SPECIAL USE PERMIT AND PARKING VARIATION TO ALLOW FOR AN ORDER AHEAD LANE AT 2111 M I DWEST ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk LAURENCE HERMAN MICHAEL MANZO JAMES NAGLE A. SURESH REDDY 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 24th day of August, 2021 ORDINANCE 2021-ZO-V-EX-S-1629 AN ORDINANCE GRANTING AN AMENDMENT TO THE EXISTING SPECIAL USE PERMIT AND PARKING VARIATION TO ALLOW FOR AN ORDER AHEAD LANE AT 2111 MIDWEST ROAD N THE VILLAGE OF OAK BROOK,ILLINOIS PINS:06-22-303-033 WHEREAS,the Village of Oak Brook(the "Village") is a municipal corporation organized pursuant to the laws of the State of Illinois; WHEREAS,the Village is authorized by the Illinois Municipal Code, 65 ILLS 5/11-13-5,to vary its zoning regulations where there are practical difficulties or particular hardship in observing those regulations for the use,construction,or alteration of buildings or structures or the use of land; WHEREAS, Core States Group (the "Petitioner") has submitted a petition on behalf of McDonald's USA, LLC(the "Owner")the owner of the property located at 2111 Midwest Road, Oak Brook IL and legally described in EXHIBIT A which is attached hereto and incorporated herein,(the"Property"); WHEREAS, on March 25, 1980 the Village approved Ordinance S-448 which provided a special use permit to allow for a drive-thru establishment on the Property; WHEREAS, on February 18, 2009 the Village approved Ordinance 2009-20-SU-EXI-5- 1255 which provided a special use for two drive-thru lanes and outdoor seating on the Property; WHEREAS,on February 10,2009 the Village approved Ordinance 2009-20-V-EXI-S-1257 which provided a sign variation and parking space requirement reduction from A to 52 spaces; WHEREAS, Petitioner is now requesting the approval of an amendment to the previously approved special use permits and a parking variation to add an Order Ahead Lane("CAL")in the restaurant drive-thru area, and to reduce the off-street parking spaces located on the Property from 52 to 45; WHEREAS,at its meeting on June 21, 2021,the Plan Commission reviewed the proposed amendment to the special use and recommended approval of the proposed special use amendment n accordance with the special use factors attached hereto and incorporated herein as Exhibit R WHEREAS, at its meeting on July 4 2021 the Zoning Board of Appeals conducted the required public hearing pursuant to due and appropriate legal notice and found that the applicant had addressed and satisfied the requirements with respect to the proposed special use amendment and zoning variations; WHEREAS,the Zoning Board of Appeals recommended approval of the special use and zoning variations and found that the Petitioner satisfactorily addressed the factors required for approval of the requested special use amendment and zoning variations and made specific findings, which are attached hereto and incorporated herein as Exhibits B and C respectively,including that the special use will not endanger the public health,safety and welfare,and that there will be no substantial injury to other property in the neighborhood;and WHEREAS,the Village President and Board of Trustees have reviewed the recommendation of the Plan Commission and Zoning Board of Appeals and deem the special use and zoning variations,as set forth below,to be in the best interests of the Village. NOW,THEREFORE,BE ITORDAINED BYTHE PRESIDENT AND BOARD OF TRUSTEES OFTHE VILLAGE OF OAK BROOK,DUPAGE AND COOK COUNTIES,ILLINOIS,as follows: Section 1. Recitals. The foregoing recitals are restated and incorporated herein as the findings of the President and Board of Trustees. Section 2. Restatement and Grant of Special Use. Subject to,and contingent on the conditions,restrictions,and provisions set forth in Section Four of this Ordinance,the Village Board of Trustees shall,and does hereby,grant an amendment to special use Ordinance 2009- ZO-SU-EXI-S-1255 which provided a special use for two drive-thru lanes and outdoor seating on the Property,to now permit and allow the reconfiguration and installation of a separate OAL to run parallel to the drive-thru lane on the north and east side of the restaurant building in accordance with the submitted plans and subject to the conditions contained herein. Section 3. Restatement and Grant of Variations. Subject to,and contingent on the conditions,restrictions,and provisions set forth in Section Four of this Ordinance,the Village Board of Trustees shall,and does hereby,approve variations to the Zoning Regulations to allow for variation to Section 13-12-5 of the Zoning Regulations to permit a total of 45 off-street parking spaces in lieu of the 79 spaces otherwise required by Village Code. Section 4. Conditions.The special use and variations granted in Section 2 and Section 3 of this Ordinance are expressly subject to and contingent upon each of the following conditions: A. Compliance with Plans. The Property shall be in substantial conformance to the site plan,wayfinding signage,landscape plan and building elevations identified as Exhibit D; B. Compliance with Laws. The development,maintenance and operation of the Property must comply with all applicable, State, County and Village Statutes, ordinances,codes,rules and regulations; C. Submittal of a code-compliant landscape plan to provide additional screening and buffering for the relocated trash enclosure area at the northeast corner of the Property. The landscape plan must include trash enclosure fence/wall details. A final landscape plan shall be submitted as part of the building permit review and permitting process; D. Site directional signage and pavement markings shall be re-evaluated by the petitioner/property owner to be sure that the directional signage/pavement markings are clear and effective for motorists traveling through each respective site,to be reviewed and approved by staff; E. Notwithstanding the attached Exhibits,the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. F. That all previously approved special uses and variations granted to this property not in conflict with this request will remain in full force and effect. Section S. Failure to Comply with Conditions. Upon failure or refusal of the Petitioner to comply with any or all of the conditions, restrictions,or allowances as amended by this Ordinance, the Special Use and Variation Amendment granted in Sections 2 and 3 of this Ordinance will,at the sole discretion of the Village President and the Village Board of Trustees, by ordinance duly adopted,be revoked and become null and void. Section 6. Binding Effect; Non-Transferability. The privileges, obligations, and provisions of each and every section and provision of this Ordinance are for and inure to the benefit of and run with and bind the Property, unless otherwise explicitly set forth in this Ordinance. Section 7. Severability. If any section, paragraph, clause or provision of this Ordinance shall beheld invalid,the invalidity thereof shall not affect any of the other provisions of this Ordinance. Section 8. Conflict Clause. All ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 9. Effective Date. A. This Ordinance will be effective only upon passage by the President and Board of Trustees of the Village of Oak Brook in the manner required by law and publication in pamphlet form in the manner required by law. B. The filing by the Owner with the Village Clerk,for recording in the Office of the DuPage County Recorder of Deeds, of an unconditional agreement and consent ("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 Owner.The unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit E.In the event that the Owner does not file with the Village Clerk the unconditional agreement and consent required herein within 60 days after the date of final passage of this Ordinance,the Board of Trustees will have the right,in their sole discretion,to declare this Ordinance null and void and of no force or effect. APPROVED AND PASSED THIS 24th day of August 2021. Gopal G.Lalmalani Village President PASSED THIS 2411 day of August 2021. Ayes: Trustees Herman,Manzo,Reddy,Tiesenga,Yusuf Nays: None Absent: Trustee Nagle St OF 044. ATTEST: o c Charlottle K.Pruss \moo Village Clerk Ole �DUN74 \�~ EXHIBIT A (Legal Description) Lot 2(except the North 50 feet)in McDonald's Resubdivision of Lots 1 and 2 in T.Mohlman Resubdivision,a Subdivision in the East half of the Southwest quarter of Section 22,Township 39 North, Range 11,East of the Third Principal Meridian,according to the plat of said McDonald's Resubdivision August 28,1972 as Document R-72-51569,in DuPage County,Illinois. Per Warranty Deed R2007-046758 The North 50 Feet of lot 2 in T.Mohlman Resubdivision,a Subdivision in the East half of the Southwest quarter of Section 22,Township 39 North,Range 11,East of the Third Principal Meridian,according to the plat of said McDonald's Resubdivision August 28,1972 as Document R72-51569,in DuPage County, Illinois. Together with the Following Described Property: THE WEST 15.00 FEET OF LOT 5 IN BLOCK 6 IN TOWN DEVELOPMENT COMPNAY'S ELMHURST COUNTRYSIDE UNIT NO.5,BEING A SUBDIVISION IN THE SOUTH%OF SECTION 22,TOWNSHIP 39 NORTH,RANGE 11,EAST OF THE THIRD PRINICIPAL MERIDIAN;ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 26,194S AS DOCUMENT 488359 IN DUPAGE COUNTY,ILLINOIS. Per Warrant Deed R2007-045757 EXHIBITS B (Special Use Factors) CORE STATES Nammu AFNIMIN►N GROUP May 13, 2021 Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Re: Special Use Factors McDonald's Restaurant 2111 Midwest Road, Oak Brook, IL Dear Village of Oak Brook: The information detailed below,Special Use Factors, is part of our application for a Special Use Amendment for the proposed drive-thru remodel project at the existing McDonald's restaurant located at 2111 Midwest Road in the Village of Oak Brook. I am submitting this information on behalf of my client, McDonald's USA, LLC.The project is located on the parcel described below: Special Use Factors In consideration of the Special Use Amendment application,the following standards must be addressed and met for approval by the Plan Commission,Zoning Board of Appeals, and Village Board. 1. Is of the type described in subsection Al of this Section (Village of Oak Brook Zoning Ordinance, Section 13-14-9:Special Uses), is deemed necessary for the public convenience at that location; Response: The proposed remodel project is designed for convenience of the customer. The Order Ahead Lane provides the customer an opportunity to order remotely, and pick up their orders at a time which is convenient to them, and will reduce wait times in the drive-through lanes itself. 2. Is so designed, located, and proposed to be operated that the public health,safety and welfare will be protected; Response: The proposed modification to the drive-through configuration to add the Order Ahead Lane is being implemented to provide customers with another safe, and contactless means to pick up their orders at the existing restaurant. This will be beneficial to the public health,safety, and welfare of the customer. The proposed remodel is located at the most ideal part of the existing St.Lows.W,063109 �� Page 2 May 13, 2021 property, and appropriately located on the building. With the remodel, operation of the restaurant will remain intact and will help reduce the amount of congestion elsewhere on site. 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. Response:It is our firm belief that this remodel project will not have on impact to the property values of the neighboring parcels.Since this is an existing restaurant with drive-through operations, and we are only proposing a modification to the layout, we believe there will be no impact to adjacent properties. The Order Ahead Lane will not create any more traffic than the current conditions. Instead, it will provide another means to the customer for how they can pick up their orders. Thank you for the consideration of this proposed Special Use Amendment. If there are any questions as to the contents of this document, please do not hesitate to reach out to me directly. Sincerely, 6/ Zach Michels, P.E. Project Manager Core States Group 636.221.22311 zmichels@core-states.com 29M� _Mmm EXHIBIT C (Zoning Variation Findings] CORE STATES Wammu MMMO GROUP May 20, 2021 Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Re: Variation Standards McDonald's Restaurant 2111 Midwest Road, Oak Brook, IL Dear Village of Oak Brook: The information detailed below,Variation Standards, is part of our application for a Variation for the proposed drive-thru remodel project at the existing McDonald's restaurant located at 2111 Midwest Road in the Village of Oak Brook. I am submitting this information on behalf of my client,McDonald's USA,LLC.The project is located on the parcel described below: Variation Standards The Variation requested is for Section 13-12-5:To reduce the minimum number of off-street parking spaces. In consideration of the Variation application,the following standards must be addressed and met for approval by the Village of Oak Brook. 1,a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. Response: The proposed remodel project is designed for safety and convenience of the customer and is o direct response to the Covid-19 pandemic. The pandemic proposed unique challenged for the fast-food restaurant business, and required adaptive measures to be designed in order to provide customers a safe way to pick up their food,and allows the restaurant to continue to grow financially and operate seamlessly. The Order Ahead lane will incorporate a unique mechanism for providing customers their food which will maximize the safety and efficiency of the restaurant. 1.b. The plight of the owner is due to unique circumstances. Response:Prior to the Covid-19 pandemic, over 70%of total sales at the existing restaurant were generated at the drive-through facilities. With the shut down of inside dining, the only way for � t 200 Page 2 May 13,2021 customers to pick up food from the restaurant was at the drive through. Since this offered a safe way to pick up food, customers continue to use the drive through and will continue to do so in the future. Since the demands of the consumer has changed, it is necessary to update and upgrade the facilities in order to stimulate growth and success of the restaurant. All of these reasons make it necessary to remodel the existing drive through, which requires the need for the variation to reduce parking. 1.c. The variation, if granted,will not alter the essential character of the locality. Response:With reduction in parking stalls on site, there will be no impact to the character of the locality. The property will still operate as a drive-through restaurant as it is existing, but will provide another means to the consumer to pick up their food. 2.a. The particular physical surroundings, shape,or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. Response:As mentioned previously, the request for this variation is a direct response to the Covid- 19 pandemic. The applicant will experience a particular hardship if the requested variation was not approved, since the Order Ahead Lone is way to provide a safe and contoctless pick up point for the consumer. The variation would not ollow for the drive-through remodel to happen, since reconfigurotion of the parking stalls is necessary to facilitate the design. 2.b. The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. Response: The proposed variation is a result of an unique design for the Order Ahead Lane and transporter system, which is not applicable to the surrounding properties in the some zoning classification. 2.c. The granting of the variation will not be detrimental to the public welfare or injurious to the other property or improvements in the neighborhood in which the property is located. Response:It is our firm belief that this remodel project will not hove an impact to the property values of the neighboring parcels. Since this is on existing restaurant with drive-through operations, and we are only proposing a modification to the layout, we believe there will be no impact to adjacent properties. The Order Ahead Lone will not create any more traffic than the current conditions. Instead, it will provide another means to the customer for how they can pick up their orders. 24 M� mmo Page 3 May 13,2021 2.d. The granting of the variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire,or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. Response: The requested variation of a reduction in parking stolls will not impact the adequate supply of light and air to the adjacent property, nor increase the danger of fire, or otherwise endanger the public safety. The continued use of the subject property os a restaurant with drive- through facilities and the proposed improvements will not diminish or impair property values in the surrounding neighborhood. 2.e. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. Response: The requested variation is sought in order to facilitate a reinvestment in unique facilities to support the response to the Covid-19 pandemic, and to provide a safe, and contoctless way for consumers to pick up their food for the future. While the economic success of the future operation is critical to the investment of the improvements, the redevelopment is focusing on the safety and well-being of the consumers for the future. 2.f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. Response: The difficulty or hardship in the remodel of this site with the Order Ahead Lone without the requested variation has not been caused by the Applicant but rather is o direct response to the Covid-19 pandemic and the changing market demands of the post-pandemic world, and the lasting impact made to the restaurant industry. Thank you for the consideration of this proposed Variation. If there are any questions as to the contents of this document, please do not hesitate to reach out to me directly. Sincerely, Zach Michels, P.E. Project Manager Core States Group 636.221 2231 1 zmichels@core-states.com �l3 �dm mmm EXHIBIT D [Site Plan, Wayfinding Signage, Landscape Plan and OAL Elevations] GENERAL�NOTES A ^•�0----�/ I � T �. � �� I'\I a a""` rtn Ian,Rw✓ o.��[� La, s I "•� saec [D�wm. _C3 ifs 1 , � I ,._... � ~�� ° ,..�w.w..aR.✓[Rn>D.D..nD�.w„ �y �`�i1;!��, R I •'I I 1 1 P9 uaD'(M ncamveµm 1 q aaq A I n _ nlec,vaauninmwmgocr•n 1 517E LEGEND ' GENERPL DEVELOPMENT NOTES —— �e N.v o[[w¢m^ecY„u®Ru ry pE.gM o[CAJ ronud�auwm w wnaeMz — � a oxnR 5AT. '� O .wcwam - OnM ftA.SPo.- !L� �OOxu05 AT •.,•i 1. '�. � ../.,.. M,w�ev[�cVn�iDuo� [,qr wRrne <r ♦rM mwa[m,a>K ca+aR,.cm,. 0 MtOOKSRMO� •I t0 RMeban,u,w.wwa[nwwcaaRucnw [ ort[ �,wcasro IOf}LrY) .✓�)• SITE , I�YEO NOTES: ' �i__:.-.�. ean,. SITE PUN R�MAP VICIN r.M�w/Y �� rr F-T4C to 71- -�.f''f""•`�'� ��y'h ��._ � _ �,�� •. �` ,�� -- 1 r �1��-. .4 `-.� ; fir. x. �. � k , � •� /ir/d.,.-iiia rill ! ��4.,�� •.�t,may. IAire.. -. . tl Y• COMAR ROAD_ Cn LEGEND EXIT TO 22ND STREET 4- EXIT TO 22ND STREET Ji 7•. 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LP-1 CANOPY WIDTH S- t r� T- f z L �Z r { r � 1 V. i kk 1 j: EXHIBIT E UNCONDITIONAL AGREEMENT AND CONSENT WHEREAS,an application has been filed by McDonald's USA,LLC,as Owner("Owner"),of the property located at 2111 Midwest Road, Oak Brook, Illinois, which is legally described in Exhibit 1 attached hereto and incorporated herein(hereinafter referred to as the"Subject Property'l,requesting a Special Use Permit and Variation to the Zoning Ordinance of the Village of Oak Brook, as amended ("Zoning Regulations'l, to permit an Order Ahead Lane ("OAL") and reduction in off- street parking on the Subject Property;and WHEREAS,Ordinance No 2021-ZO-V-EX-S-1629 adopted by the President and Board of Trustees of the Village of Oak Brook on August 24, 2021 grants approval of the Special Use Permit and Variation subject to certain modifications,conditions,restrictions,and provisions;and WHEREAS,the Ordinance provides,among other things,that the Ordinance will be of no force or effect unless and until Owner files this Unconditional Agreement and Consent with the Village Clerk and consents to accept and abide by each of the terms,conditions and limitations set forth in the Ordinance. NOW,THEREFORE,Owner does hereby agree and covenants as follows: 1. The Owner hereby unconditionally agrees to accept,consent to,and abide by all of the terms, conditions,restrictions,and provisions of the Ordinance. 2. The Owner acknowledges that:(1)public notices and hearings have been properly given and held with respect to the adoption of the Ordinance;(ii)the Owner has considered the possibility that the Special Use Permit and Variation granted by the Ordinance may be revoked if the Owner does not comply with the Ordinance;and(iii)The Owner agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Owner acknowledges and agrees 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 use of the Property,the construction of OAL and that the Village's issuance of any such permits does not,and will not,in any way,be deemed to insure the Owner against damage or injury of any kind and at any time. 4. The Owner agrees to and does 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 of such parties in connection with the 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 Owner and his 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 him 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,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. b 1 Ms UrxonddK)nal Agreement and Consent may not be amended, modified.released or annuped except upon the express prior wntien approval of the Vivape of Oak Brook 1N 1M TNESS V0*REOF McDonald's USA.LLC owner executed this Urwonddional Agreement and Consent on ihrs %t_day of �wlcmhrr 2021 By, Its Senior Counsel State of lumors ) ) County of Kant ) I, I amara lL Saluw a Notary Public in and for the County and State aforesaid do hereby cef*that McDonald's USA.LLC,personally known tome,and that he appeared before me this 7th day of Septembcr ,2021,and acknowiedged that he personally executed this instrument Notary Public Seat OFFICUL SEAL TAMARA L SAUNAS NOTAR i Pt1B X $TATE Of UAW IVY Cal MSS10N t:76'1iES Ob01r1� EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: Lot 2(except the North 50 feet)in McDonald's Resubdivision of Lots 1 and 2 in T.Mohlman Resubdivision,a Subdivision in the East half of the Southwest quarter of Section 22,Township 39 North, Range 11,East of the Third Principal Meridian,according to the plat of said McDonald's Resubdivision August 28,1972 as Document R-72-51569,in DuPage County,Illinois. Per Warranty Deed R2007-046758 The North 50 Feet of Lot 2 in T.Mohlman Resubdivision,a Subdivision in the East half of the Southwest quarter of Section 22,Township 39 North,Range 11,East of the Third Principal Meridian,according to the plat of said McDonald's Resubdivision August 28,1972 as Document R72-51569,in DuPage County, Illinois. Together with the Following Described Property: THE WEST 15.00 FEET OF LOT 5 IN BLOCK 6 IN TOWN DEVELOPMENT COMPNAY'S ELMHURST COUNTRYSIDE UNIT NO.5,BEING A SUBDIVISION IN THE SOUTH''%OF SECTION 22,TOWNSHIP 39 NORTH,RANGE 11,EAST OF THE THIRD PRINICIPAL MERIDIAN;ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 26,1945 AS DOCUMENT 488359 IN DUPAGE COUNTY, ILLINOIS. Per Warrant Deed R2007-045757