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HomeMy WebLinkAboutS-1707 - Kids Urgent Care.2��II� II�I�II will T::;:40605472 KATHLEEN V. CARRIER RECORDER DUPAGE COUNTY, IL 11/20/2024 12:57 PM DOC NO. R2024-069634 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 2024-ZO-PUD-EX-S-1707 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT FOR A MEDICAL OFFICE BUILDING LOCATED AT 1180 HARGER ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS; (KIDS URGENT CARE) Property Address/es 1180 Harger Road, Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-23-302-004 Name and Address of Applicant: Kids Urgent Care Ltd. c/o Luigi Randazzo 1303 Ogden Ave Downers Grove, IL 60515 Name and Address of Responsible for Billing: Escrow Account (see GIL below) Recorded Document and send copy G/L Account to be charged: 10-2306 Escrow Account for Kids Urgent Care 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: 31 THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES. ILLINOIS ORDINANCE NUMBER 2024-ZO-PUD-EX-S-1707 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT FOR A MEDICAL OFFICE BUILDING LOCATED AT 1180 HARGER ROAD, OAK BROOK, ILLINOIS; (KIDS URGENT CARE) LAURENCE E. HERMAN, Village President NETASHA SCARPINITI, Village Clerk NAVEEN JAIN MICHAEL MANZO MELISSA MARTIN JAMES NAGLE A. SURESH REDDY EDWARD TIESENGA 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 24'h day of September 2024 ORDINANCE NO.S-1707 KIDS URGENT CARE PLANNED DEVELOPMENT 1180 HARGER ROAD, OAK BROOK, IL PIN: 06-23-302-004 Page 2 of 16 ORDINANCE NO. 2024-ZO-PUD-EX-S-1707 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT FOR A MEDICAL OFFICE BUILDING LOCATED AT 1180 HARGER ROAD, OAK BROOK, ILLINOIS; (KIDS URGENT CARE) (PIN:06-23-302-004) WHEREAS, the Village of Oak Brook (hereinafter referred to as "Village') is a municipal corporation duly organized under the laws of the State of Illinois with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS, Kids Urgent Care, Ltd., (the "Applicant") with the consent of 1900 Spring Road Lot 1, LLC (the "Owner'l, the owner of certain real property located in the Village's B-2 Regional Shopping District at 1180 Harger Road, Oak Brook, Illinois, (the "Property'), which property is legally described in Exhibit A, has submitted an application for a planned development for a medical office thereon; WHEREAS, pursuant to Chapter 15 (Planned Developments) of Title 13 (Zoning Regulations) of the Village of Oak Brook Code of Ordinances, as amended ("Zoning Ordinance'), Applicant is seeking approval of a Planned Development to construct and operate a pediatric urgent care medical office (approximately 5,500 sq. ft. with a 4,300 sq. ft. basement to include 14 examination rooms, an x-ray, and ancillary areas) (the "Development) located on the Property, and more specifically detailed in the application attached hereto and incorporated herein as Exhibit B ("Application"); WHEREAS, medical office uses are listed as a permitted use in the B-2 District, but the Applicant seeks certain departures from the Zoning Ordinance including continued compliance with previously approved Floor Area Ratio and shared parking; WHEREAS, the President and Board of Trustees (collectively, the "Corporate Authorities') conducted a preliminary, pre -application review of the proposed Development at their April 23, 2024 meeting, at which time the President and Board of Trustees directed the Village's Director of Development Services to prepare a report on the Application for the Village's Planning & Zoning Commission (the "Commission"), and referred the Application to the Commission for the purpose of conducting a public hearing; WHEREAS, pursuant to notice duly published in accordance with state law and Section 13-15-5C.2 of the Zoning Ordinance, the Commission conducted a public hearing on August 7th, 2024, for the purpose of hearing and considering testimony on the Applicant's request for approval of the Development; WHEREAS, following the conclusion of the public hearing, the Commission adopted findings of fact and recommended that the Village Board approve the Development pursuant to the recommendation letter attached hereto as Exhibit C; WHEREAS, the Corporate Authorities have considered the Commission's recommendation and determined that the Application satisfies the standards set forth in Section 13-15-3 of the Zoning Ordinance; WHEREAS, the Corporate Authorities have further determined that it is in the best interests of the Village and its residents to approve the Development pursuant to Section 13-15-5D of the Zoning Ordinance, subject to the terms and conditions of this Ordinance. NOW THEREFORE, BE IT ORDAINED by the President And Board of Trustees of the Village of Oak Brook, Du Page And Cook Counties, Illinois as follows: ORDINANCE NO.S-1707 KIDS URGENT CARE PLANNED DEVELOPMENT 1180 HARGER ROAD, OAK BROOK, IL PIN: 06-23-302-004 Page 3 of 16 Section 1: Recitals. The foregoing recitals are hereby incorporated into and made a part of this Ordinance as if fully set forth in this Section. Section 2: Planned Development Approval. Pursuant to Section 13-15-5D of the Village's Zoning Ordinance and subject to the conditions set forth in Sections 4 and 5 of this Ordinance, the Planned Development application shall be, and is hereby, approved to permit the construction and operation of the Development on the Property. Section 3: Zoning Map Notation. Pursuant to Section 13-15-7B of the Village's Zoning Ordinance, the Village Manager or his designee is hereby authorized and directed to administratively note on the Village's official zoning map the existence and boundaries of the Planned Development approved by to this Ordinance. Section 4: Site Development and Use Departures. Pursuant to Section 13-15-4 of the Zoning Ordinance, and subject to the conditions and restrictions set forth in this Ordinance, the Corporate Authorities hereby approve the following site development and use departures for the Property: A. Floor Area Ratio (FAR). Section 13-7B-3 The total proposed Floor Area Ratio (FAR) will exceed the FAR originally approved as part of the subdivision approval. Franklin Partners, property owner, agreed that the permitted .99 FAR approved for four -lot subdivision will be maintained as agreed to in Ordinance 2019-ZO-EX-PUD-S-1555. B. Shared Parking. Section 13-12-5 to reduce the parking requirement of 49 parking spaces (one parking space for every 200 SF). The existing parking spaces for Lot 1 are 16 spaces. Section 5: Conditions of Approval. The approvals granted in Sections 2, 3, and 4 of this Ordinance shall be, and they are each hereby, subject to, conditioned upon, and limited by the following conditions, the material violation of any of which shall, in the reasonable discretion of the President and Board of Trustees, be grounds for the repeal and revocation of the approvals granted herein in accordance with the procedures set forth in Ordinance Section 8, and with respect to any portion of the Development that has not received a certificate of occupancy from the Village or is not subject to a valid, active building permit issued by the Village: A. Compliance With Plans. The Development and Property will be developed, maintained, and operated in substantial compliance with the documents and plans attached as Group Exhibit D, including the accompanying site plan, landscape plan, and building elevations, and, by this reference, made a part of this Ordinance, except for minor changes approved by the Development Services Director and Village Manager in accordance with Zoning Ordinance Section 13-15-8. B. Final Engineering Plan. Final engineering approval shall be required prior to the issuance of the building permit for the Development. The Village parking consultant shall review the parking study dated August 21, 2024 prepared by KLOA and confirm the revisions are acceptable prior to Building Permit approval. C. Final Landscape Plan. Final landscape plan approval shall be required prior to the issuance of the building permit for the Development. Additional plant material shall be added to the south elevation of the building. D. Trash Enclosures. Trash enclosure shall be constructed of materials and finishes that match the proposed medical office building to fully screen the trash receptacles from view. ORDINANCE NO.S-1707 KIDS URGENT CARE PLANNED DEVELOPMENT 1160 HARGER ROAD, OAK BROOK, IL PIN: 06-23-302-004 Page 4 of 16 E. Sianaae. Any and all signage on the Property must comply with all applicable provisions of the Zoning Ordinance unless otherwise modified or varied. Temporary window signs are prohibited. The final signage shall conform with the plans dated April 18, 2024 prepared by Legacy Sign Group. No Authorization of Work. This Ordinance does not authorize commencement of any work on the Property. Except as otherwise specifically provided in writing in advance by the Development Services Director, no work of any kind may be commenced on the Property pursuant to the approvals granted in this Ordinance unless and until all conditions of this Ordinance precedent to that work have been fulfilled and after all permits, approvals, and other authorizations for the work have been properly applied for, paid for, and granted in accordance with applicable law. G. Compliance with Laws. Except as provided in Section 4 of this Ordinance, all applicable ordinances and regulations of the Village shall apply to the Property. Further, the development and use of the Property shall be in compliance with all laws and regulations of all other federal, state, and local governments and agencies having jurisdiction over the Property. H. Fees and Costs. 1. Applicant shall be responsible for paying all applicable fees relating to the approval of this Ordinance. 2. Applicant shall pay all fees applicable to Applicant's Planned Development and use of the Property after the Approval of this Ordinance. 3. Applicant shall reimburse the Village for all of the Village's reasonable costs (including, without limitation, engineering, planning, and legal expenses) incurred in connection with the review, consideration, and approval of this Ordinance. 4. Applicant shall reimburse the Village for all of the Village's reasonable costs (including without limitation engineering, planning, and legal expenses) incurred in connection with the implementation or enforcement of this Ordinance by the Village following the approval hereof. 5. Any amount owed by Applicant under this Section that is not paid within 60 days after delivery of a demand in writing for such payment along with a reasonably detailed invoice for such costs, shall, along with interest and the costs of collection, become a lien upon the Property (or that portion of the Property to which the unpaid amount relates), and the Village shall have the right to foreclose such lien in the name of the Village as in the case of foreclosure of liens against real estate. Section 6: Binding Effect; Transferees. The privileges, obligations, and provisions of each and every section of this Ordinance are for the benefit of, and will be binding on, the Applicant and the Applicant's heirs, successors, and assigns, and upon any and all successor legal or beneficial owners of all or any portion of the Property. Prior to transferring ownership or title of all or any portion of the Property, or any legal or equitable interest in the Property to any person or entity other than the Applicant or an entity controlled and managed by the Applicant, the Applicant and transferee shall: a) provide the Village with reasonable, written assurances that the transferee has the financial ability to meet this Ordinance's obligations; and b) execute and deliver to the Village the transferee assumption agreement attached to this Ordinance as Exhibit E. The failure of the Applicant and transferee to provide the Village with an enforceable transferee assumption agreement as herein provided shall result in the Applicant remaining fully liable for ORDINANCE NO.S-1707 KIDS URGENT CARE PLANNED DEVELOPMENT 1180 HARGER ROAD, OAK BROOK, IL PIN: 06-23-302-004 Page 5 of 16 all of its obligations under this Ordinance, but shall not relieve the transferee of its liability for all such obligations as a successor to the Applicant. The Applicant and successor's compliance with this Section 6 shall release the Applicant from its obligations under this Ordinance to the extent of the successor's assumption of such obligations. Section 7: Amendments. Unless otherwise expressly stated in this Ordinance, any minor or non -minor amendment to any provision of this Ordinance may be granted only pursuant to the procedures, and subject to the standards and limitations, provided in the Zoning Ordinance for the granting of such Planned Development amendments. Section 8: Failure to Comply with Conditions. Upon failure or refusal of the Applicant to comply with any or all of the material conditions, restrictions, or provisions of this Ordinance, the approvals granted pursuant to this Ordinance with respect to any portion of the Development that has not received a certificate of occupancy from the Village or is not subject to a valid, active building permit issued by the Village will, at the sole discretion of the President and Board of Trustees, by ordinance duly adopted after written notice has been provided to the Applicant at least 15 days before the ordinance is adopted, be revoked and become null and void. In the event of a conflict between the language of this Ordinance and the Exhibits attached hereto, the language of this Ordinance will control. Section 9: 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 10. Effective Date. A. This Ordinance will be effective only upon the occurrence of all of the following events 1. Passage by the President and Board of Trustees in the manner required by law; 2. Publication in pamphlet form in the manner required by law; 3. The filing by the Applicant with the Development Services Director 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 in the form of Exhibit F, attached to and, by this reference, made a part of this Ordinance; and 4. The recordation of this Ordinance in the Office of the DuPage County Recorder. The Applicant will bear the full cost of this recordation. This Ordinance will be recorded against all lots comprising the Property. B. In the event that the Applicant does not file with the Village Clerk the unconditional agreement and consent required by Paragraph 10.A.3 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. Remainder of page intentionally left blank; roll call to follow 5 ORDINANCE NO.SA707 KIDS URGENT CARE PLANNED DEVELOPMENT 1180 HARGER ROAD, OAK BROOK, IL PIN: 08-23-302-004 Page 6 of 16 PASSED THIS 241 day of September 2024. Ayes: Trustees Martin, Nagle, Reddy, President Herman and Chairman Pro Tem Tiesenga Nays: None Absent: Trustees Jain, Manzo APPROVED THIS 24" day of September 2024 Al LAURENCE E HERMAN, Village President ATTEST: NETASHA SCARPINITI, Village Clerk ORDINANCE NO.S-1707 KIDS URGENT CARE PLANNED DEVELOPMENT 1130 HARGER ROAD, OAK BROOK, IL PIN: 06-23-302-004 Page 7 of 16 EXHIBIT A LEGAL DESCRIPTION LOT 1 IN THE FINAL PLAT OF FRANKLIN SUBDIVISION, BEING A RESUBDIVISION OF LOT 1 IN FIRST FEDERAL RESUBDIVISION OF LOTS 1 AND 2 IN OAKBROOK HOTEL CO'S RESUBDIVISION IN SECTION 23, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 27, 2018 AS DOCUMENT NO. R2018-036669. IN DUPAGE COUNTY. ILLINOIS. Common Address: 1180 HARGER ROAD, OAK BROOK, IL PIN(s): 06-23-302-004 ORDINANCE NO.S-1707 KIDS URGENT CARE PLANNED DEVELOPMENT 1180 HARGER ROAD, OAK BROOK, IL PIN: 06-23-302-004 Page 8 of 16 EXHIBIT B APPLICATION VILLAGE OF OAK BR ek . 11191 l APPLICATION FOR PLANNED DEVELOPMENT NOTE: ALL COMPLETED APPLICATIONS ARE TO BE DELIVERED to the DEVELOPMENT SERVICES DEPARTMENT. Call 01/3683108 —11 ® NEW PLANNED DEVELOPMENT ($1,500)' ENTER NUMBER OF WAIVERS and/or VARIATIONS REQUESTED ($500 ea.) " ❑ MAJOR CHANGE TO AN EXISTING PLANNED DEVELOPMENT ($1,500)' ❑ MINOR CHANGE TO AN APPROVEDIEXISTING PLANNED DEVELOPMENT ($750) " ENTER NUMBER OF WAIVERS and/or VARIATIONS REQUESTED ($500 ea.) " ® INITIAL ESCROW DEPOSIT ($500) Submit Separate Check - Additional Funds may be required - Recoverable expenses will be drawn from the account and No interest shall be paid on account, PUBLIC HEARING SIGNS (each lot frontage) 2 Enter Number of Street Frontages/Per Parcel/ Address (NOTE: Attached additional eh of with information If more room is needed below) LOCATION OF SUBJECT PROPERTY 1180 Harger Road PERMANENT PARCEL NOIS. , LEGAL ADDRESS/S 1180 Harger Road, Oak Brook, IL 60523 06-23-302-004 ZONING DISTRICT B-2 PROPERTY INTEREST OF APPLICANT: OWNER ❑ CONTRACT PURCHASER' ® AGENT' ❑ OWNER(S) OF RECORD Franklin 1900 Spring Road Lot 1, LLC PHONE 630-574-5133 ADDRESS 1900 Spring Road, Suite 100 CITY Oak Brook STATE IL Zip 60523 Owner Contact E-mail Address/s RWarner@franklinpartners.net NAME OF APPLICANT' (and Billing Information) Kids Urgent Care Ltd. PHONE 847-529-3531 ADDRESS c/o Luigi Randazzo, 1303 Ogden Avenue CITY Downers Grove STATE IL ZIP 60515 Applicant Contact E-mail Address/s luigi@rweplanningdesign.com I (we) pert'dy that a0 of the above statements and the statements contained in any papers or plans submitted herewith are True to the best of my (our) knowledge and belief. I (we) give permission to the Village to install public hearing signs on the lot frontages of the above subject property as described in the Village Code. In addition to the above fees, applicant agrees to reimburse the Viflage for all recoverable costs within 30 days of billing 06/11/24�°p'� 06/04/24 Signature of Owner Date Signature of Applicant' Dale Print Name and Email Raymond A. Warner RWarner@frankiinpartners. net Print Name and Email Luigi Randazzo Luigi@rweplanningdesign. corn _-- 'If the applicantlAgent is not the owner of record, a written statement authorizing approval of the proposed planned development application is required from the property owner in addition to their signature above and supporting documents. ' Note: Plus all applicable third party costs and recoverable expenses. List each waiver or variation on a separate sheet with applicable fees calculated. / DO NOT WRITE IN THE SPACE BELOW FOR OFFICE USE ONLY n Dale Application Filed UIPJ2 4, Fee Paid $ L�, Escrow Paid $ "000e Receiln No. 7,Y3;g5 Received By Ue.. Preliminary Board of Trustees Revlewy/_ 13) Prefiling Review Conference with Staff 2Ri Resident bloating RequirectDate �4 Application Distributed to Depts: -II[A(?.d Notice Published 'LLIA Newspaper Daily Herald Adj. Property Owners Notified hI Planning a Zoning Commission` 1' obi ( Board of Trustees (le(M Board of Trustees (Approval of Ordinance) PU Application Form aec.1345•e Rev 202G 06-03-24 7.b MIDS URGENT -CARE- Dear Village of Oak Brook, KIDS Urgent Care is pleased to submit the attached application to the Village of Oak Brook for our second location planned at It 80 Harger Rd. It has been a pleasure to serve the community in Wheaton for the last 5 years and we are excited to expand our services to help more families in the area! This new Oak Brook location will be our flagship, offering a regional destination for families. We are making a large investment to the Oak Brook community, to become a long-term use within a previously established PUD including completed sitework, driveways, site lighting, and more. We are designing all sides of the new building and keeping them free of exterior metal doors or pipes. Our premium brand experience starts with signage and colorful logo for wayfinding, and leads to the interactive interior spaces via direct sidewalk access and automatic sliding entry doors. We are providing images of our existing location, which is built to standards beyond most typical medical spaces. We include use of interior glass, indoor children's activities, child -scale water closet and lavatory, and much more. There is a digital check -in process, or app available. Our business provides access to pediatricians who provide quality children's care 365 days a year from 9 am to 9 am. On average, 2-4 patients will be seen per hour in the facility. In addition to the main level where most of our patients will be seen, the Tower level of KIDS Urgent Care will be finished for medical space and may be used for overflow patients or if any specialists need to see patients. This ground floor usage will be limited to a maximum 10-20 hours per week. Our busiest times are generally evenings and weekends so we particularly are a good fit for the development that is proposed in that most offices will be closed at those times. No ambulance would ever transfer a patient TO the proposed KIDS Urgent Care facility as we are a pediatric clinic not a hospital. Ambulance transfers might occur OUT of the facility when a sick child would need to be transported to a local hospital. These are exceptionally rare and occurred only 5-6 times last year at our Wheaton location. oWe. really appreciate the consideration. a 7.c ORDINANCE NO.S-1707 KIDS URGENT CARE PLANNED DEVELOPMENT 1180 HARGER ROAD, OAK BROOK, IL PIN: 06-23-302-004 Page 9 of 16 EXHIBIT C P&Z COMMISSION RECOMMENDATION VILLAGt or BUTLER GOVERNMENT CENTER OAK B RK 1200 OAK BROOK ROAD c OAK BROOK, ILLINOIS 60523 August 27, 2024 Village President and Board of Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Subject: Case No: 2024-09-ZO-PUD —Kids Urgent Care 1180 Harger Road —Medical Facility Project — Planned Development Dear Village President and Board of Trustees: Back round On August 7, 2024, the Planning & Zoning Commission held the required public hearing and completed its review and deliberations on an application for Kids Urgent Care 1180 Harger Road seeking approval of a planned development. The request is to construct and operate a pediatric urgent care medical office at 1180 Harger Road, Lot 1 of Franklin Subdivision, located at the Harger and Oakbrook Center Ring Road intersection (near Nordstrom). The parcel is approximately 19,602 square -feet in size and is Lot 1 of the 4-lot development by Franklin Partners. The proposed building is 5,500 square -feet with a 4,300 square -foot basement which includes 14 examination rooms, an x-ray room and ancillary areas. The applicant provided a preliminary presentation on the proposed project before the President and Board of Trustees on April 23, 2024 and comments were provided to the applicant by the Village Board. The application moved forward pending a thorough review and recommendation by the Planning & Zoning Commission. They presented again as a referral on July 16, 2024. Specifically, this planned development will include the following elements: Waivers and Variations: The Planned Development process allows an applicant to request waiver of and variations from Village zoning laws that are necessary for the construction of the desired project. The following waivers and variations were requested. 1. Floor Area Ratio (FAR). Section 13-7B-3 —The total proposed Floor Area Ratio (FAR) will exceed the FAR originally approved as part of the subdivision approval. 2. Shared Parking. Section 13-12-5 to reduce the parking requirement of 49 parking spaces (one parking space for every 200 SF). Public Comment All interested parties were notified by certified mail of the public hearing and public hearing signs were posted on the property. There were a few people in the audience, however no one spoke in support of or in opposition to the request. Planned Development Recommendation August 23, 2024 Village President and Board of Trustees RE: Kids Urgent Care — 1180 Harger Road Planned Development Page 2 The standards for a planned development were addressed as part of the presentation at the public hearing and were addressed in detail in writing in the case file - Tab 10. The Planning & Zoning Commission reviewed and deliberated on the applicant's request and By a vote of 7 to 1, the Planning & Zoning Commission found that the applicant had addressed all of the required planned development standards and recommended approval of the proposed development subject to certain conditions below. These conditions were contained in the Staff Report on pages 8-8.e of the case file, with the exception of number 1. The Commission had suggested additional landscaping as shown on the supplied landscape plans A003 & A004. 1. The new medical office building project shall comply with the accompanying site plan, landscape plan (as indicated on casefile pages A002 & A004) and building elevations; 2. Final engineering approval shall be required prior to the issuance of the building permit for the Development; 3. Final landscape plan approval shall be required prior to the issuance of the building permit for the Development; 4. The trash enclosure shall be built-in to the principal building as shown; 5. All sign proposals shall comply with applicable sign code regulations of the Oak Brook zoning ordinance unless otherwise modified or varied. Temporary window signs are prohibited. The sign package will conform to the Legacy Sign Group plans dated, 4/18/2024. 6. Compliance with Plans: The development, maintenance, and operation of the Property will be in substantial compliance with the plans and documents as submitted, except for minor changes approved by the Development Services Director and Village Manager in accordance with Section 13=15-8 of the Zoning Ordinance. Very truly yours, Akw Rajaraman lyer Chairman Planning & Zoning Commission PDC Chairletter -Kids Urgent Care - Plmmed Development SIGNED ORDINANCE NO.S-1707 KIDS URGENT CARE PLANNED DEVELOPMENT 1180 HARGER ROAD, OAK BROOK, IL PIN: 06-23-302-004 Page 10 of 16 GROUP EXHIBIT D PLANS 10 w.z...�..iv✓ero z 4 3tltlJ 1N39Nf1 Shc� U7.9 2 $ w �i �, ;a € L it r 0 'MCA= { 0 I _ IT 1-11—xw T. --- —___—_ _ __ . __ _ _ —_—E LN� xmelraercao-<r-srn-Ka. © swlG qp � EO Ov_ v ING ITT ���� r..uISS F v NFI� m. 1' W �. - -IFIEFULMNa+u _ PLANNING • DESIGN ° o 37' 10" FINAL SCRAPE PER Bz DISTROT AT THE AI IRIS BRATOAPINSIBLiCROLYOUTAIDEOFTHE PER GO DISTRICT, THIS GIOHAGE UP TO CSST'AGATE N HOT NIBBLE TIS HIN GA RIBS N..1IS VISIBLE TOP APEXES. LOT OF BKEMENTS BALLASTS FTTAL EM1iE RI OREWµL SIGNS 13 N SO.EI. El04%IF W9 L 6 SO.Ef. MASON MUTT ELEVATION N vBI^ j UNLIMITED E IF INTERIOR TO A L AND ROLVLVIOLE PMOµ W EVERNROORPARSTAFF EjGy ^ O —- _ _ —_ _ _ _---_—_—_ —_—_—_—_38T_y.—_—_—_— —_ _ _ _ _ _ _ _ EAR" BIG V o°s _ __—_—_ _—_—_E_cNz.O v 80 - — m 01 /w in IF.Ell C Y v TO KI I _ — _ — _—___ _ —_—_ ________ __—_ _ I---- , PERMUSTRET RO BUT STA IBLETOA PARNINOLOi ASSNATEURTO MTALENttRIOR DNS IS EMPET.(w45SH IfFOOE)LOWEO - OB„I AP SON a e0 DATE gpr�r p _ 5 A JR- Fri MIT ■. -1-ARTANUFNISIMATRAPHIPPIN wi EXTERIOR ELEVATIONS a� A-021 - - - - - - -- --- - - --- - 13 W PANNING . DESIGN -_ __—_—_—_—_—__ _ ____—_--_-. -�__ -- v n� omay.vEww�ewvex 1 a _ v K Q Z go liow'aaty yQ =o Y w pn. o6caivno n © p 13'-if" ]' 0" 19'-4" 7'-0" 13-11" ---------- _— — EXTERIOR ELEVATIONS 's A-022 T URGENT ..`.' -CARE- �,% ..- ?L a �I 4 4 URGENT CARE `x, IF Lid URGENT - -CARE- OPEN NOW 1180 HARGER ROAD VI�S° URGENT -CARE- -- - 1180 HARGER ROAD ORGENTCARE 0 A .4 cFw7h (k� �v�T n- f.i I � - =.i. ��.'Clswn�vu KYV xn� -MWw Y MMIDG9lESM'EILLYMMPSFDRDNFDiAq SIDNgBMR •➢MDIIISMS MCECCAMILW MPLEDCMAMFELE RS wYFRETFIMFMxXFPtYMIN1IM➢DUgVq MOVMIDRYMIIOPU[x CORRVDAiLDMMAIFMYS 11'SMMAM/L'PMNRLM/1'MNPtaMW1EDNVNMFERMF YPMYPI6/YTIIMCPVsAMFDSPMMRP WbEE MRYM6=.OM%CDM4GV0Mfi4 FKM.NO Wg1E➢GYUCwN.WNOYMI CM VP(ss MaBISgFFIMIf UIMw WXNOFMA1iKNSNTIpUf MMdf)GRDN4 PLD MlY11DIF:.3ry`NWRAUnC WSx1MV5 MIONSMWtaD LLVNxNiAvbNiFNXIROD MMbgFdNX4F wMmveP=wYarzomroMuwu aA>gnaaYF if M'D4PLFX xFYMxPnbX:TDMpNItN➢IIFMD .. —.I SIGN' m�. 7933W Hwy 6, WesNille.IN 46391 HARGER ROAD 1 PYMBP➢MSPEPVN y16=I'➢� PLANT LIST RVVIe%m4dK^Y AuUIMIIf MMW� On 0TWINM IItNe qunaey Rutuw, Mlverb.yn NVF nw. o S W N. w SCLLE: 111C GARYK WEBER VS SOCIATBJNC. PLPNNING � DESIGN omxc mn.uwen.� LANDSCAPE PLAN LP-001 EXHIBIT E TRANSFEREE ASSUMPTION AGREEMENT THIS AGREEMENT, made as of this _ day of 2024, by, between and among Franklin 1900 Spring Road Lot 1, LLC, an Illinois limited liability company ("Owner"); Kids Urgent Care Ltd., a Delaware corporation, doing business as KIDS Development Corporation ("Transferee"); and the Village of Oak Brook, an Illinois municipal corporation ("Village"). WITNESSETH: WHEREAS, pursuant to that certain real estate sale contract dated May 22. 2024 ("Real Estate Purchase Agreement"), the Transferee agreed to purchase from the Owner certain real property situated in DuPage County, Illinois and legally described in Exhibit 1 attached hereto and by this reference incorporated herein and made a part hereof ("Property'); and WHEREAS, following the conveyance of the Property by the Owner, the Transferee will be the legal owner of the Property; and WHEREAS, as a condition to the conveyance of the Property by the Owner, the Owner and the Village require that the Transferee agree to comply with all the terms, requirements and obligations set forth in Village of Oak Brook Ordinance 2024-ZO-PUD-EX-S-1707, approved by the Village on or about September 24, 2024, and recorded in the Office of the DuPage County Recorder on , 2024, as Document No. by and between the Village and Owner, as amended from time to time ("Planned Development Ordinance"); NOW, THEREFORE, in consideration of the agreement of the Owner to convey the Property to the Transferee and of the Village to accept the transfer of obligations as provided herein and to grant the releases granted herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed by, between and among the Village, the Owner, and the Transferee as follows: 1. Recitals. The foregoing recitals are by this reference incorporated herein and made a part hereof as substantive provisions of this Agreement. 2. Assumption of Obligations. The Transferee, on its behalf and on behalf of its successors, assigns, heirs, executors and administrators, hereby agrees, at its sole cost and expense, to comply with all of the terms, requirements and obligations of the Planned Development Ordinance, including all exhibits and attachments thereto. 3. Assurances of Financial Ability. Contemporaneously with the Transferee's execution of this Agreement, the Transferee shall, upon the request of the Village, provide the Village with reasonable assurances of financial ability to meet the obligations assumed hereunder as the Village may reasonably require. 4. Acknowledgement and Release of Transferor. The Village hereby acknowledges its agreement to the Transferee's assumption of the obligation to comply with the terms, requirements and obligations of the Planned Development Ordinance, including all exhibits and attachments thereto, and the Village hereby releases the Owner from any and all liability for failure to comply with the terms, requirements and obligations of the Redevelopment Agreement.IN WITNESS WHEREOF, the parties hereto have caused this Transferee Assumption Agreement to be executed as of the day and year first written above. ORDINANCE NO.S-1707 KIDS URGENT CARE PLANNED DEVELOPMENT 1180 HARGER ROAD, OAK BROOK, IL PIN06-23-302-004 Page 11 of 16 OWNER FRANKLIN 1900 SPRING ROAD LOT 1, LLC, an Illinois limited liability company By: Raymond A. Warner Its: Authorized Signatory VILLAGE OF OAK BROOK, an Illinois municipal corporation By: By: TRANSFEREE KIDS URGENT CARE LTD., a Delaware corporation, doing business as KIDS Development Corporation By: Name: Lubna Abdullah Its: President ORDINANCE NO.S-1707 KIDS URGENT CARE PLANNED DEVELOPMENT 1160 HARGER ROAD, OAK BROOK, IL PIN: 06-23-302-004 Page 12 of 16 ACKNOWLEDGEMENT STATE OF ILLINOIS ) SS. COUNTY OF ) This instrument was acknowledged before me on 20_, by , the President of the VILLAGE OF OAK BROOK, an Illinois municipal corporation, and by , the Village Clerk of said municipal corporation. Signature of Notary SEAL My Commission expires: STATE OF ILLINOIS ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me on September , 2024, by Raymond A. Warner, the Authorized Signatory of Franklin 1900 Spring Road Lot 1, LLC, an Illinois limited liability company as his free and voluntary act in his authorized capacity of said company for the uses and purposes herein. Signature of Notary SEAL My Commission expires: ORDINANCE NO.S-1707 KIDS URGENT CARE PLANNED DEVELOPMENT 1180 HARGER ROAD, OAK BROOK, IL PIN: 06-23-302-004 Page 13 of 16 STATE OF ILLINOIS ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me on 2024, by Lubna Abdullah, the President of Kids Urgent Care Ltd, a Delaware corporation, doing business as KIDS Development Corporation as his/her free and voluntary act in his/her authorized capacity of said company for the uses and purposes herein. SEAL My Commission expires: Signature of Notary 4 ORDINANCE NO.S-1707 KIDS URGENT CARE PLANNED DEVELOPMENT 1180 HARGER ROAD. OAK BROOK, IL PIN: 06-23-302-004 Page U of 16 EXHIBITIF UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois ('Village") WHEREAS, an application has been submitted by Kids Urgent Care, Ltd., (the "Petitioner') with the consent of Franklin 1900 Spring Road Lot 1, LLC (the "Owner"), the owner of certain real property located in the Village's B-2 Regional Shopping District at 1180 Harger Road, Oak Brook, Illinois, (the "Property"), which property is legally described in Exhibit 1, seeking approval of a planned development to construct and operate a pediatric urgent care medical office (approximately 5,500 sq. ft. with a 4,300 sq. ft. basement to include 14 examination rooms, an x-ray, and ancillary areas) (the "Planned Development') located on the Property; and WHEREAS, Ordinance No. 2024-ZO-PUD-EX-S-1707 adopted by the President and Board of Trustees of the Village of Oak Brook on September 24, 2024, ("Ordinance") grants approval of the Planned Development, subject to certain conditions, restrictions, and provisions; and WHEREAS, Section 10 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until Petitioner has filed 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 covenant as follows: 1. Owner, having read a copy of the Ordinance, does hereby unconditionally agrees to accept, concur with, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance, inclusive of, but not in any way limited to, those that pertain to the development, use, operation, and maintenance of the Subject Property. 2. Owner acknowledges and agrees that: (i) public notices and hearings have been properly given and held with respect to the adoption of the Ordinance; (ii) Owner has considered the possibility that the Planned Development granted by the Ordinance may be revoked in the event of noncompliance with the Ordinance; and (iii) Owner agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. 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 construction or use of the Property, and that the Village's issuance of any such permits does not, and will not, in any way, be deemed to insure Owner against damage or injury of any kind and at any time. 4. Any person violating the terms and conditions of the Ordinance shall, following prior notice thereof by the Village to such offending person and such opportunity to correct such violation(s) as the Village may determine appropriate, be subject to a penalty not exceeding $750.00. with each and every day that such violation of the Ordinance is allowed to remain in effect being deemed a complete and separate offense. In addition, the appropriate authorities of the Village may take such other actions they deem proper to enforce the terms and conditions of the Ordinance including, without limitation, an action in equity to compel compliance with its terms. 5. Owner agrees and affirms that the undersigned individual(s) is(are) duly authorized to execute and enter into the binding nature of this Unconditional Agreement and Consent. 6. The Village shall record the Ordinance against the Subject Property, inclusive of this Unconditional Agreement and Consent, such that the terms provided herein shall be binding upon all parties in interest and all successors and assigns, to the extent such party continues to use the Subject Property in accordance with the approving Ordinance; and Owner shall remain subject to the terms of the Ordinance ORDINANCE NO.S-1707 KIDS URGENT CARE PLANNED DEVELOPMENT 1180 HARGER ROAD, OAK BROOK, IL PIN 06-23-302-004 Page 15 of 16 unless otherwise transferred by execution of a Transferee Assumption Agreement 7. 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. 8. This Unconditional Agreement and Consent may be executed in counterparts, each of which shall constitute an original document, which together shall constitute one and the same instrument. IN WITNESS WHEREOF, Raymond A. Warner, Authorized Signatory, executed this Unconditional Agreement and Consent on behalf of Owner, Franklin 1900 Spring Road Lot 1, LLC, an Illinois limited liability company on this 181" day of November, 2024. FRANKLIN 1900 SPRING ROAD LOT 1, LLC, an Illinois limited liability company BY: _ Raymo d A-Trimer ITS: Authorized Signatory SUBSCRIBED and SWORN t0RM RUMPbefore me this 18'" day ofEALe of Illlnoiallovember, 2024.n Expirsa/�,� t �r� � /���, ,YI[IC_16A -.0 2025 Not Public I ORDINANCE NO.S-1707 KIDS URGENT CARE PLANNED DEVELOPMENT 1180 HARDER ROAD, OAK BROOK, IL PIN: 06-23-302-004 Page 16 of 16 EXHIBIT 1 LEGAL DESCRIPTION LOT 1 IN THE FINAL PLAT OF FRANKLIN SUBDIVISION, BEING A RESUBDIVISION OF LOT 1 IN FIRST FEDERAL RESUBDIVISION OF LOTS 1 AND 2 IN OAKBROOK HOTEL CO'S RESUBDIVISION IN SECTION 23, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 27, 2018 AS DOCUMENT NO. R2018-036669, IN DUPAGE COUNTY, ILLINOIS. Common Address: 1180 HARGER ROAD, OAK BROOK, IL PI N(s): 06-23-302-004 16