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HomeMy WebLinkAboutR-2286 - 2222 35th St - FPBIIII�IIIIIIIIIINI�I�lj El f ZA-BETH M . i_:HH!-4_ y r� (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: A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR THE PROPERTY COMMONLY KNOWN AS 2222 35TH STREET, OAK BROOK, IL (MIDWEST CLUB) Property Address/es 2222 35TH ST, OAK BROOK 60523 _ If vacant land; so state and list nearest cross streets) PIN No(s) 06-34-10 Name and Address of Applicant:_ The Midwest Club _ Attm Rob-- _ _ 110 Midwest Club Pkwy Oak Brook, IL 60523 Name and Address of Responsible:_ Same as above Party to Receive Copy of --- Recorded Document and Billing_Same _ _ _— 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 G/L Account to be--___—_-- THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION NUMBER 2025-SR-FP-R-2286 A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR THE PROPERTY COMMONLY KNOWN AS 2222 35th STREET, OAK BROOK, ILLINOIS; (MIDWEST CLUB) 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 the 11 th day of March 2025 2025-SR-FP-R-2286 2222 35111 Street, Oak Brook, Illinois PIN (s) : 06-34-102-003 Page 2 of 6 RESOLUTION NO. 2025-SR-FP-R-2286 A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR THE PROPERTY COMMONLY KNOWN AS 2222 35th STREET, OAK BROOK, ILLINOIS; (MIDWEST CLUB) 2222 35th Street, Oak Brook, Illinois PI N(s): 06-34-102-003 WHEREAS, the Village of Oak Brook is a municipal corporation 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, The Midwest Club Homeowners' Association (the "Owner"), the owner of record for the property commonly known as 2222 35th Street, Oak Brook, Illinois, and identified by Permanent Index Nos. 06-34-102-003 (the "Subject Property"); WHEREAS, the Subject Property is vacant and legally described as follows: LOT 5 IN MIDWEST ESTATES, A SUBDIVISION IN THE EAST HALF OF THE SOUTH WEST QUARTER OF THE NORTH WEST FRACTIONAL QUARTER OF SECTION 34, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 23, 1958, AS DOCUMENT 895798, IN DUPAGE COUNTY, ILLINOIS. WHEREAS, at its meeting on February 5, 2025, the Village of Oak Brook Planning & Zoning Commission (the "Commission") completed its review and deliberations on the Owner's application requesting approval of a final plat to subdivide one existing parcel into three (3) residential lots and one (1) common access drive lot, consisting of approximately 114,000 square - feet in total.; WHEREAS, by a vote of 5 to 0, the Commission recommended approval of the request for a final plat of subdivision for the Subject Property; and WHEREAS, the Village President and Board of Trustees (collectively, the "Corporate Authorities") have reviewed the recommendation of the Commission and have determined the approval of the Owner's request to approve the final plat of subdivision for the Subject Property, as set forth below, to be in the best interests of the Village; NOW, THEREFORE, BE IT RESOLVED, in open meeting assembled, by the Village President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois as follows: 2025-S R-F P-R-2286 2222 35"' Street, Oak Brook, Illinois P I N(s): 06-34-102-003 Page 3 of 6 Section One — Recitals The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to this Resolution are full, true, and correct and do hereby, by reference, incorporate and make them part of this Resolution as legislative findings. Section Two -- Approval of Final Plat of Subdivision. A. Approval of Final Plat. Subject to and contingent upon the conditions set forth in Section Three of this Resolution, the Final Plat of Subdivision, substantially in the form attached hereto and incorporated herein as Exhibit A (the "Final Plat"), is hereby approved. B. Authorization and Execution. The Village President, Clerk, and other appropriate Village officials are hereby authorized and directed to execute and seal, on behalf of the Village, the Final Plat of Subdivision and the customary certifications indicating such approval. C. Recordation. Upon the execution of the Final Plat of Subdivision by all required parties, the Village Clerk is hereby directed to record the Final Plat of Subdivision with the Recorder of Deeds of DuPage County, Illinois, and the Village Clerk will then be authorized and directed to assess against and collect from the Owner any costs in connection with those actions and this Resolution. Section Three --Conditions. The approvals granted in Section Two of this Resolution are hereby expressly subject to and contingent upon each of the following conditions: A. A Subdivision Improvement Agreement (SIA) is required; B. Future landscaping and fencing shall be substantially similar to the rest of the Midwest Club subdivision; C. Recording of the document by Village staff; D. Notwithstanding the attached exhibits, the Owner shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived; E. The Final Plat and final engineering review be approved by the Village Engineer; and F. The Owner and all subsequent owners of the Subject Property shall comply with all applicable requirements of law, including without limitation, federal, state, and local laws, ordinances, resolutions, and regulations, relating to the Subject Property. 2025-S R-F P-R-2286 2222 35'" Street, Oak Brook, Illinois PIN(s):06-34-102-003 Page 4 of 6 Section Four — Effective Date This Resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. Section Five - Publication This Resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section Six — Conflict Clause All resolutions, parts of resolutions or board actions in conflict herewith are hereby repealed to the extent of such conflict. Section Seven — Saving Clause If any section, paragraph, clause or provision of this Resolution is declared by a court of law to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this resolution, which are hereby declared to be separable. Section Eight — Recording This Resolution shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. 4 Ayes: PASSED THIS 11" day of March 2025. Trustees Manzo, Martin, Nagle, Reddy, Tiesenga Nays: None Absent: Trustee Jain APPROVED THIS 111" day of March 2025. ATTEST: NET SHA SCARPINITI, Village Clerk 5 Village President 2025-SR-FP-R-2286 2222 35"' Street: Oak Brook, Illinois PIN(s).06-34-102-003 Page 5 of 6 2025-SR-FP-R-2286 2222 3511' Street, Oak Brook, Illinois PIN (s): 06-34-102-003 Page 6 of 6 Ww"WIlliff-Al SUBDIVISION IMPROVEMENT AGREEMENT FOR THE MIDWEST CLUB ANNEX THIS SUBDIVISION IMPROVEMENT AGREEMENT FOR THE MIDWEST CLUB ANNEX (the "Agreement"), made and entered into this _23 day of June , 2025 by R and among the VILLAGE OF OAK BROOK, an Illinois municipal corporation, having its offices at 1200 Oak Brook Road, Oak Brook, Illinois 60523 (hereinafter the "Village") and THE MIDWEST CLUB, INC. an Illinois not for profit corporation, having its offices at 1100 Midwest Club Parkway, Oak Brook, Illinois 60523 (hereinafter "MWC") WHEREAS, MWC proposes to subdivide the real estate described in Exhibit A, attached hereto and incorporated herein, in compliance with the Village Subdivision Regulations and has submitted to the Village a plat of Subdivision ("the Subdivision Plat") identified and described in Exhibit B attached hereto and incorporated herein; and WHEREAS, the Subdivision Plat has been approved by the President and Board of Trustees of the Village by Resolution No. R-2286 passed and approved on March 11, 2025, (the "Resolution") subject to the satisfaction and conditions contained in said Resolution, a copy of which is attached hereto and incorporated herein as Exhibit C, which Resolution, among other things, provides for the execution of this Agreement by and between the Village and MWC in order to insure the completion of certain land improvements as a condition precedent to the issuance of future building permits for the anticipated construction of single family homes to be constructed on the real estate described in Exhibit A. NOW, THEREFORE, in consideration of the covenants and agreements hereinafter contained, the sufficiency of which is hereby acknowledged, the Village and MWC hereby agree as follows: 1. MWC, at its sole cost and expense, shall furnish, or cause to be furnished, all the necessary material, labor, equipment and services required to perform, construct, install, and complete the following within one (1) year from execution of this Agreement, subject to the terms and conditions herein: a. Construction of any land improvements required by the Village Subdivision Regulations and/or this Agreement; and b. Providing the necessary record drawings; and c. Providing the necessary engineering and surveying services that are required in subsections (a) and (b) of this section, ((a), (b) and (c) collectively shall be referred to as the "Work") All Work shall be performed in a good and workmanlike matter and in accordance with all pertinent Village ordinances and regulations except to the extent the same may have been modified or waived and in accordance with the plans. Any contractor engaged by MWC for completion of the Work shall be approved by the Village Engineer, such approval not being unreasonably withheld, and said contractor shall submit evidence of insurance meeting village requirements. Any material change in the Plans shall be subject to approval by the Village Engineer prior to the performance of any work contemplated by such changes. and Prior to acceptance of the improvements by the Village, MWC shall also cause: a. All fees required by the Village, including plan review and inspection, to be paid; b. The Project Engineer to file a certificate with the Village Engineer stating that all construction has been completed in accordance with the plans and specifications approved by the Village and meets the requirements set forth by the Village; and 2 C. The Project Surveyor to file a certificate with the Village Engineer stating that all requirements of subsection 14-6-3-J and 14-6-3133 of the Village Subdivision Regulations have been completed. Said certificates shall be in form and substance similar to Exhibit D, a copy of which is attached hereto and incorporated herein. Prior to acceptance of the improvements by the Village, MWC shall also submit evidence of payment in full for all Work, including that MWC deliver a sworn statement listing the names and addresses of all contractors, suppliers and professional services providers that have done work for this project. Upon completion of the Work as evidenced by delivery by MWC to the Village of said improvements and documents, and provided that the conditions of this Agreement are met, the President of the Board of Trustees of the Village shall accept the Work, such acceptance to be evidenced by a letter to that effect dated and executed on behalf of the Village by the Village Engineer. 2. MWC, for a period of one (1) year beyond the final acceptance and approval of the Work by the President and Board of Trustees of the Village, shall be responsible for repairs and corrections to such improvements which may be required due to failures or because of or on account of faulty construction. The obligation of MWC hereunder shall be secured by the Security as further described in paragraph 3 hereof in the amount equal to fifteen percent (15%) of the original estimated cost of the Work, as set forth in paragraph 1 hereof. If any defect in the Work shall become apparent at any time during the one (1) year following the date of acceptance of the Work, the Village shall notify MWC of the existence and nature of such defect (a "Notice of Defect"). If MWC shall fail to correct such defect within thirty (30) days of MWC's receipt of the Notice of Defect, the Village shall have the right to request and receive from the Security so much of the proceeds thereof as may be necessary to enable the Village to cause all corrective action to be performed and paid for; provided, however, that the Village may waive the right to so proceed if MWC is diligently proceeding to cure said default and said cure cannot reasonably be completed within said thirty (30) day period. 3. The obligations of MWC hereunder as to the deposit of Security for the Completion of Work shall be fully satisfied by the placement of a Performance Bond, in the amount of 110% of the sum of the estimated construction cost, engineering/surveying services, and record drawings, to be provided to the Village by the General Contractor hereinafter engaged by MWC for the completion of the Work on this project. 4. The term "MWC" as used herein is intended to refer to MWC and its successors and assigns. All provisions of this Agreement including the benefits and burdens thereof are binding upon and inure to the benefit of the Village and MWC and their successors and assigns. 5. This Agreement and the obligations contained herein are in addition to, and not in limitation of, all other agreements between the Village and MWC, including without limitations, applicable agreements, easements, covenants and restrictions of record and those contained in the Resolution and the obligations contained therein. Additionally, MWC shall comply with all Village ordinances. 6. All notices to be given under this Agreement shall be in writing and either delivered personally or deposited in the United States mail certified mail postage prepaid addressed as follows: If to the Village: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Attn: Village Manager /l With a copy to: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Attn: Village Attorney If to MWC: 1100 Midwest Club Parkway Oak Brook, Illinois 60523 Attn: Property Manager With a copy to: Donnelly Law LLC Attn: Craig E Donnelly 1100 Jorie Blvd Ste 255 Oak Brook, IL 60523 CEDnDonnellvLawLLC.com Notices deposited in the United States Mail postage prepaid as aforesaid shall be deemed delivered upon receipt or upon refusal of receipt. 7. If any portion of this Agreement is found to be unenforceable by a court of law, the balance of the Agreement shall remain in full force and effect. Illinois. The parties agree that this Agreement shall be governed by the laws of the State of [SIGNATURES ON NEXT PAGE] 5 IN WITNESS WHEREOF, the Village has caused this Agreement to be executed by its President and attested by its Clerk and MWC has executed this Agreement, all as of the date above written. VILLAGE OF OAK BROOK, an Illinois municipal corporation BY: ITS: Village President ATTEST: C ITS: Village Clerk THE MIDWEST CLUB, INC. an Illinois not for profit corporation BY: ITS: President EXHIBIT A Legal description of real estate to be subdivided [place legal description here] Common Address: 2222 351" Street, Oak Brook, Illinois 60523 Permanent Index Number: 06-34-102-003 7 EXHIBIT B Plat of subdivision for the Midwest Club Annex EXHIBIT C Resolution Resolution No. R-2286 passed and approved on March 11, 2025 (attach and label a clean copy) EXHIBIT D Sample Project Engineer and Project Surveyor Certificates