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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: AN ORDINANCE APPROVING AN AMENDMENT TO ORDINANCE 2019-ZO-PUD-
EX-S-1568 [THE OAK BROOK COMMONS PLANNED DEVELOPMENT] AS IT PERTAINS_ TO
"BUILDING G" LOCATED AT 1050 22"d STREET, OAK BROOK, IL
-XL-
Property Address/es 1050 22ND ST, OAK BROOK 60523
If vacant land, so state and list nearest cross streets)
PIN No(s)- 06-23-407-019
Name and Address of Applicant: TM Real Estate Holdings LLC_
Attn: Michael Manzo
2811 35th Street
Oak Brook, IL 60523
Name and Address of Responsible: Escrow — 1050 22"d Street
Party to Receive Copy of
Recorded Document and Billing Same
G/L Account to be charged: 10-2306
Prepared By and Return to: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
Name & Address of Recipient
of Consideration (when applicable):
G/L Account to be charged:.
N/A
THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
ORDINANCE
NUMBER 2025-ZO-PUD-EX-S-1720
AN ORDINANCE
APPROVING AN AMENDMENT TO ORDINANCE NO. 2019-ZO-
PUD-EX-S-1568 (THE OAK BROOK COMMONS PLANNED
DEVELOPMENT) AS IT PERTAINS TO "BUILDING G"
LOCATED AT 1050 22ND STREET, OAK BROOK, ILLINOIS
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 28th day of January 2025
2025-ZO-PUD-EX-S-1720
1050 22nd Street,
Oak Brook, Illinois
PIN (s): 06-23-407-019
Page 2 of 15
ORDINANCE NO. 2025-ZO-PUD-EX-S-1720
AN ORDINANCE
APPROVING AN AMENDMENT TO ORDINANCE NO. 2019-ZO-PUD-EX-S-1568 (THE OAK
BROOK COMMONS PLANNED DEVELOPMENT) AS IT PERTAINS TO "BUILDING G"
LOCATED AT 1050 22ND STREET, OAK BROOK, ILLINOIS
PIN (s): 06-23-407-019
WHEREAS, the Village of Oak Brook (hereinafter the "Village") 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 Village has in full force and effect a codified set of those ordinances of
the Village which are of a general and permanent nature, which said codified set is known and
designated as the Village Code of the Village of Oak Brook, as amended (the "Village Code");
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, Oak Brook Commons, LLC, (the "Owner") is the owner of certain real property
located in the Village's ORA-2 Office, Research and Assembly District, commonly known as 1050
22nd Street, Oak Brook, Illinois, identified by Permanent Index Nos. 06-23-407-019, which
property is legally described in Exhibit A, attached hereto and incorporated herein (the "Subject
Property"),
WHEREAS, on May 28, 2019, the Village Board adopted Ordinance 2019-ZO-PUD-EX-
S-1568 ("PD Ordinance"), granting a planned development to construct and operate a mixed -use
development on the Subject Property as depicted on the site plans and documents attached as
Group Exhibit D to the PD Ordinance ("Original Site Plans") and pursuant to the terms and
conditions of the PD Ordinance ("Planned Development"), in accordance with Chapter 15 of the
1966 Zoning Ordinance of the Village of Oak Brook, Illinois, as amended ("Zoning Ordinance");
WHEREAS, as approved, the Planned Development included, provided for the
construction of the following buildings therein: Building A (Restaurant); Building B (Restaurant);
Building C (Retail or Restaurant); Building D (Retail); Building E (Luxury Apartment Building);
Building F (Retail or Restaurant); Building G (Hotel); Building H (Timber Office Building); Building
J (Office); Building K (Residential Condominiums); and Building L (Residential Condominiums);
WHEREAS, on September 22, 2020, the Village Board adopted Ordinance 2020-ZO-
PUD-EX-S-1608 granted an Amendment to the PD Ordinance that, in short, replaced Building L
(Residential Condominiums) with a Medical Office Building, increased the permitted height of and
number of condominium units for Building K, decreased the allowed total number of condominium
units in the Planned Development, and modified the parking garage requirements for Building K
to provide for a total of 144 parking spaces;
WHEREAS, since the Planned Development for the Subject Property was initially
approved, the designated pad for Building G (Hotel), which included an 8-story (108') 200,000
K
2025-ZO-PU D-EX-S-1720
1050 22nd Street,
Oak Brook, Illinois
PI N(s): 06-23-407-019
Page 3 of 15
square foot boutique hotel with 252 covered garage parking spaces, has remained vacant and
undeveloped;
WHEREAS, Owner, on behalf of itself and TM Real Estate Holdings, LLC (the "Applicant")
submitted an application ("Application") requesting approval of an amendment to the Planned
Development that would: (a) replace Building G (Hotel) with a total of 25,000 square feet divided
amongst three stand-alone restaurant buildings (the "Restaurant Buildings") (with a proposed
subsequent subdivision of Building Lot G via separate application and approval to reflect the
stand-alone nature of such, contingent upon approval of the Application described herein), (b) to
allow signage on three (3) sides for each of the Restaurant Buildings, in leu of the Planned
Development's requirement for any and all signage to comply with Section 13-11-10.C.2 of the
Village Zoning Ordinance, and (c) to permit and allow an off-street parking ratio of 0.65 parking
spaces per 100 square feet of floor area which is less than the required 1.0 parking spaces per
100 square feet of floor area provided by Section 13-12-5 of the Village Zoning Ordinance; all as
more specifically described and depicted in the Application attached to this Ordinance as
Exhibit B;
WHEREAS, pursuant to Section 13-15-8 of the Zoning Ordinance, approval of the
Proposed Amendment requires separate review and approval under the provisions applicable to
the initial approval of the Planned Development;
WHEREAS, On October 8, 2024, the President and Board of Trustees (collectively the
"Corporate Authorities") conducted a preliminary, pre -application review of the proposed
Amendment, at which time the Corporate Authorities directed the Village's Development Services
Director 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, On December 18, 2024, the Commission conducted a duly noticed public
hearing for the purpose of hearing and considering testimony on the Applicant's request for
approval of the Amendment which resulted in overall positive findings and a recommendation to
the Village Board for approval of the same, (the "Commission's Recommendation"; attached to
this Ordinance as Exhibit C; and, contingent upon certain deviations from the recommendations
contained in the report on the Application prepared by Village's Development Services Director,
being approval of the requested relief from Section 13-11-10.C.2 of the Village Zoning Ordinance
(signage) with the requirement that a final wall sign exhibit shall be required depicting all wall
signs being proposed on their respective building elevations, and all sign proposals shall comply
with all other applicable regulations of the Oak Brook Zoning Ordinance and will require a separate
permit application; a modified approval to the requested relief from Section 13-12-5 of the Village
Zoning Ordinance (parking ratio); a reduction of the floor area ration ("FAR") approved for the
Planned Development by the PD Ordinance from 1.56 to 1.33; and requiring architectural review
of the future Restaurant Buildings to return to the Commission rather than going directly to the
Village Board for review;
WHEREAS, On January 14, 2025, the Corporate Authorities, in open meeting assembled,
reviewed the Commission's Recommendation and approved the Commission's Recommendation
to approve the Amendment with the following modifications: (1) architectural review to return to
the Board of Trustees for review and approval; (2) the total FAR of 1.56 for the Planned
Development, as initially approved, to remain and be reallocated within the Planned Development
2025-ZO-PUD-EX-S-1720
1050 22nd Street,
Oak Brook, Illinois
PIN (s): 06-23-407-019
Page 4 of 15
at the sole discretion of the Village; (3) calculations showing existing parking spaces vs required
spaces shall be provided for the proposed restaurants. Parking shall be provided per Village code
requirements as development occurs on each subdivided parcel of Building Lot G. Prior to the
construction of the third restaurant a parking analysis shall be completed. At the determination of
the Development Services Director the applicant shall be responsible for construction of additional
parking spaces;
WHEREAS, after careful consideration of the foregoing, the Corporate Authorities desire
to amend said Ordinance No. 2019-ZO-PUD-EX-S-1568 to as described herein; and
WHEREAS, the Corporate Authorities have further determined that it is in the best
interests of the Village and its residents to amend the aforementioned PD Ordinance, subject to
the terms and conditions of this Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees
of the Village of Oak Brook, Cook and DuPage Counties, Illinois as follows:
Section One — Recitals. The Corporate Authorities hereby find that all of the recitals
hereinbefore stated as contained in the preamble to this Ordinance are full, true and correct and
do hereby, by reference, incorporate and make them part of this Ordinance as legislative findings.
Section Two — Planned Development Approval. Pursuant to Section 13-15-5D of the
Village Zoning Ordinance and subject to the conditions set forth in this Ordinance, the Proposed
Amendment shall be, and is hereby, approved to permit the construction and operation of the
Restaurant Buildings as part of the Planned Development on the Subject Property pursuant to
the PD Ordinance as amended by this Ordinance.
Section Three -- Zoninci Map Notation. Pursuant to Section 13-15-713 of Village Zoning
Ordinance, the Village Manager or his designee is hereby authorized and directed to
administratively amend the note on the Village's official zoning map indicating the existence and
boundaries of the Planned Development approved by the PD Ordinance as amended by this
Ordinance.
Section Four -- Site Plan Condition. The Original Site Plans attached to the PD Ordinance
as Group Exhibit D pursuant to Subsection 5A of the PD Ordinance are hereby amended to reflect
the approval of the Restaurant Buildings and the Proposed Amendment as provided in this
Ordinance. The pages of the Original Site Plans amended to reflect the approval of the Restaurant
Buildings and the Proposed Amendment are approved and attached to this Ordinance as Group
Exhibit D ("Amendment Pages"). Any reference to Group Exhibit D in the PD Ordinance shall be
deemed to be a reference to the Original Site Plans as amended, inclusive of the Amendment
Pages attached to this Ordinance as Group Exhibit D (collectively, "Amended Site Plans").
Section Five — 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 President and Board of Trustees hereby approve the following site development and use
departures for the Restaurant Buildings and the Proposed Amendment:
4
• 2025-ZO-PU D-EX-S-1720
1050 22nd Street,
Oak Brook, Illinois
PI N(s): 06-23-407-019
Page 5 of 15
A. To permit and allow an off-street parking ratio of 0.65 parking spaces per 100 square
feet of floor area which is less than the required 1.0 parking spaces per 100 square feet
of floor area provided by Section 13-12-5 of the Village Zoning Ordinance.
Section Six — Conditions of Approval. The approvals granted in 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 herein, 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:
1.Compliance with Plans: The development, maintenance, and operation of Building Lot G
(buildings A, B, and C) 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.
2. Final engineering approval shall be required.
3. Architectural review - Each building's outdoor dining at grade shall face 22nd Street and go to
the Village Board for architectural review prior to issuance of a Building Permit and shall include
a review of a photometric, landscape plan, exterior facade and materials.
4. EIFS: Per approved PUD S-1568, exterior insulation finish system ("EIFS"), stucco, and
materials deemed to be comparable by the Development Services Director, shall occupy no more
than 25% of any building elevation, and shall comply with all Village Code requirements
concerning installation and maintenance.
5. Floor Area Ratio: The floor area ratio (FAR) approved for the Property will apply to all lots within
any future subdivision of the Property (total of 17.47 acres) as a whole. The FAR calculation for
the entire Planned Development, after subdivision, shall remain at 1.56 as initially approved by
the PD Ordinance, to be reallocated to other locations within the Planned Development at the
sole discretion of the Corporate Authorities.
6. The security and site control measures for Building Lot G shall be discussed and developed in
cooperation with the Oak Brook Police Department to utilize public and private resources in
establishing a thorough and appropriate building and site security plan;
7. A detailed plan for proposed exterior trash enclosure and circulation is required.
8. Gates: Consider operation and aesthetics of the proposed gates in between Buildings A and
B, and Buildings B and C.
9. A final wall sign exhibit shall be required depicting all wall signs being proposed on their
respective building elevations. All sign proposals shall comply with all applicable sign code
regulations of the Oak Brook zoning code and will require a separate permit application.
5
• 2025-ZO-P U D-EX-S-1720
1050 22"d Street,
Oak Brook, Illinois
PIN(s): 06-23-407-019
Page 6 of 15
10. Dormant SSA: As a part of the approved PUD, a dormant special service area ("SSA")
overlaying the Property was established for the purpose of fully funding the maintenance,
operation, repair, and replacement of the Property's stormwater management facilities. Any new
development within the Oak Brook Commons must be part of the Dormant SSA.
11. Continued Effect of PD Ordinance. Except as provided otherwise in this Ordinance, all terms,
provisions, and requirements of the PD Ordinance remain unchanged and in full force and effect.
In the event of a conflict between this Ordinance and PD Ordinance, this Ordinance will control.
12. Applicable Codes. The Applicant shall meet all Village Ordinance requirements at the time of
building permit application except as specifically varied or waived or otherwise approved in this
Ordinance and the PD Ordinance as amended by this Ordinance.
13. 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 Subject 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.
14. Compliance with Laws. Except as otherwise provided in 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.
15. 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.
0
• 2025-ZO-PUD-EX-S-1720
1050 22nd Street,
Oak Brook, Illinois
PI N(s): 06-23-407-019
Page 7 of 15
Section Seven -- 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 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 shall release the Applicant from its obligations under this Ordinance to the extent of the
successor's assumption of such obligations.
Section Eight — 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 Nine -- 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 Ten — Severabilit . 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 Eleven -- Conflict Clause. All ordinances, parts of ordinances or board actions in
conflict herewith are hereby repealed to the extent of such conflict.
Section Twelve — Penalty. Any person violating the terms and conditions of this 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 this 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 this Ordinance, including, without limitation, an action in equity to compel compliance
with its terms. Any person violating the terms of this Ordinance shall be subject, in addition to the
foregoing penalties, to the payment of court costs and reasonable attorneys' fees of the Village.
Section Twelve -- Effective Date.
7
2025-ZO-P U D-EX-S-1720
1050 22"d Street,
Oak Brook, Illinois
PIN (s): 06-23-407-019
Page 8 of 15
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;
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 Subject Property.
B. In the event that the Applicant does not file with the Village Clerk the
unconditional agreement and consent required by 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 vote to follow]
E-*3
202 5-ZO-P U D-EX-S-1720
1050 22nd Street,
Oak Brook, Illinois
PIN(s) 06-23A07-019
Page 9 of 15
PASSED THIS 2801 day of January 2025.
Ayes:
Trustees Martin, Nagle, Reddy, Tiesenga.
Nays: None
Absent:
Recuse:
Trustee Jain
Trustee Manzo
APPROVED THIS 281" day of January 2025.
r
r�
LAURENCE E. HERMA .
Village President
ATTEST:
NE AS A SCARPINITI,
Village Clerk
2025-ZO-P U D-EX-S-1720
1050 22"d Street,
Oak Brook, Illinois
PIN (s): 06-23-407-019
Page 10 of 15
EXHIBIT A
LEGAL DESCRIPTION
LOT G IN THE FINAL PLAT OF OAK BROOK COMMONS, BEING A SUBDIVISION OF
PART OF THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11,
EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED FEBRUARY 5, 2020, AS
DOCUMENT NUMBER R2020-012533 AND CERTIFICATE OF CORRECTION
RECORDED MAY 09, 2024, AS DOCUMENT NUMBER R2024-025636, AND
CERTIFICATE OF CORRECTION RECORDED OCTOBER 30, 2024, AS DOCUMENT
NUMBER R2024-064856 IN DUPAGE COUNTY, ILLINOIS
Common Address: LOT G at 1050 22nd Street, Oak Brook, Illinois
PINS: PINS: 06-23-407-019
10
2025-ZO-P U D-EX-S-1720
1050 22nd Street,
Oak Brook, Illinois
PIN (s): 06-23-407-019
Page 11 of 15
EXHIBIT B
Application
11
Vli I' ,.,, 0I APPLICATION FOR
OAK BROOK PLANNED DEVELOPMENT
NOTE: ALL COMPLETED APPLICATIONS ARE TO BE DELIVERED to the DEVELOPMENT SERVICES DEPARTMENT. Call 630-366-5106
❑ 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 APPROVED/EXISTING 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) Enter Number of Street Frontages/Per Parcel/ Address
LOCATION OF
SUBJECT PROPERTY
(NOTE: Attached additional sheet/s with Information if more room Is needed below)
PERMANENT PARCEL NO/s. 06-23-407-019
LEGAL ADDRESS/S ZONING DISTRICT ORA-2
PROPERTY INTEREST OF APPLICANT: OWNER ❑ CONTRACT PURCHASER' ® AGENT' ❑
OWNER(S) OF RECORD Oak Brook Commons LLC
PHONE 312-419-4900
ADDRESS 444 W. Lake Street, Suite 2400 CITY Chicago STATE IL
Owner Contact E-mail Address/s david.bach@hines.com
NAME OF APPLICANT' (and Billing Information) TM Real Estate Holdings LLC
ADDRESS
Applicant Contact E-mail Address/s
CITY
PHONE
STATE
ZIP 60606
ZIP
I (we) certify that all 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 irks;W public hearing signs an the lot frontages of the above subject property as described in the Village Code In addition
to the above leas, apph ZZ:o the Village fa all recoverable costs within 30 days of billing
It(1-4(14% • r f
Signatu Date Signatilre of Aoill Dale
Print Name and Email Mulb (ihe,N u10.W f± t+4E4•1404Print Name and Email MidFael Manzo
l If the applicanVAgent 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
JO NOT WRITE IN THE SPACE BELOW FOR OFFICE USE ON Y
Date Application Filed 11d7eqFee Paid $ Escrow Paid $ Q0.0 Receipt No. r7Nr Rtsrty� oceimd By
Preliminary Board of Trustees Revia-4 4--Profiling Review/ Conference with StaffAb/Iq Resident Meeting Required/Date _
Application Distributed to Depts:///j,J Notice Published fj/Z7L?Aewspaper Daily Herald Adi Property Owners Notified
Planning & Zoning Commission aw
Board of Trustees Board of Trustees
(Approval of Ordinance)
PD Applic Im Form Sec.13.15.4 Rev 2024
SIMPSON DATTI LO.LLC
ATTORNEYS AT LAW
John F. Simpson IN'
john@simpsondattilo.com
(312) 416-1953 ext. 1
B. Application Standards
1. Commercial Areas Revitalization Master Plan. 1990 Comprehensive Plan. The 1990 Plan places the
Oak Brook Commons Property in Planning District 1, including the Oakbrook Center and most of the
business and commercial activities in the Village. Throughout the Plan, the Village emphasizes the need
to maintain and enhance the restaurant and commercial vitality for its residents and non-resident daytime
population. The Plan encourages office developments, local services and facilities for the Village's
daytime employee population, and appropriately landscaped parking areas. Additionally, the Plan
encourages the use of attractive parking and landscaping features that enhance the visual appearance of
the Village.
As determined by the approval of the Planned Development, the mixed -use community created at Oak
Brook Commons supports the 1990 Comprehensive Plan through its activation of an underutilized
segment of the Village's commercial planning area, creating opportunities for new office space, retail, and
restaurant offerings. The proposed amendment and Pad G development support the value and success of
commercial offerings by incorporating a modernized, three free-standing retail buildings for restaurant
use. Pad G will be an integral element in continuing to activate the Hines development.
The May 2019 Plan designates the Property as a "hotel" site, with a key guiding development principle
that ensures high -quality architecture and design development that encourages quality retail, office, and
mixed -use spaces to attract quality residents. The Plan also recommends that the commercial areas,
including the Property, promote a healthy and mutually reinforcing mix of commercial, retail, restaurant,
entertainment, and multi -family uses along the commercial corridor.
The proposed amendment and Pag G development are entirely consistent with the 2019 Commercial
Areas Revitalization Plan. The amendment materially decreases Oak Brook Commons' overall parking
requirement by 66 necessary parking spaces. Further, this proposed development amendment of Pad G
will continue to be materially less dense than the prior approved concepts presented by the 2019 Plan.
Accordingly, the proposed Pad G amendment is consistent with the planning policies, goals, objectives,
and provisions of the May 28, 2019 Commercial Areas Revitalization Plan and reflects the intent and
spirit of the Village's 1990 Comprehensive Plan.
The project parking plan includes utilizing parking to the north of Pad G, which was initially dedicated
for the use of a 250-room hotel. This amendment not only will decrease the height and overall square
footage of the proposed development on Pad G, but will substantially reduce the necessary parking
requirement from the original plan of a hotel to its present proposal as three, free-standing restaurants.
The major necessary infrastructure improvements have already occurred at Commerce Drive and
McDonald Drive intersection, which will allow for the development of Pad G. without interference to
Oak Brook Commons residents and other Village residents and non-resident daytime visitors.
2. Public Welfare. TM Real Estate Holdings LLC specifically considered adequate access to natural light
and clean air circulation when it was planned and designed, and intends to maintain the same priorities for
the site's development, operation, and maintenance. As a result, the uses and buildings on the site are
oriented to harmonize with the surrounding properties and structures. Pad G is located toward the
southeastern portion of the Hines Property, immediately southeast of the existing Oak Brook Commons
luxury residential building. The proposed amendment and Pad G are consistent with these concepts and
3416 Harlem Avenue I Riverside, Illinois 60638
the critical use patterns and locations established by the prior, approved Oak Brook Commons Master
Planned Development.
The proposed Pad G development will not cause an increased risk of dangerous fire conditions or
otherwise endanger public health, safety, and welfare, and all applicable building and fire codes will be
followed. TM Real Estate Holdings LLC will ensure that the construction, development, and operation of
Pad G and its elements are designed to allow users and visitors to safely use the building and surrounding
areas without sacrificing building quality or experience. Further, the parking and traffic layout at Pad G
ensure safe and efficient ingress and egress for pedestrians and vehicles.
3. Impact on Other Property. The development of Pad G will not interfere with neighboring property
owners' use and enjoyment of other property in the neighborhood pursuant to their designated zoned
purposes. The proposed amendment will not interfere with the normal and orderly development and
improvement of surrounding properties, and is consistent with and will not alter the community or
essential character of the neighborhood. Furthermore, the proposed amendment does not substantially
diminish or impair property values within the area or cause incompatibility with other property in the
immediate vicinity. The Pad G development will comply with all applicable noise, lighting, and other
performance standards to ensure that it will not adversely impact any surrounding properties.
Additionally, neither the noise nor lighting for Pad G anticipates any adverse environmental impacts
relative to its existing conditions. Noise associated with the proposed development will primarily consist
of pedestrian and automobile traffic. The lighting will serve the pedestrians and vehicles upon and
adjacent to Pad G, drastically reducing any possible impact on the site's overall light intensity.
4. Impact on Public Facilities and Resources. The proposed amendment and Pad G are planned and
designed to supply the development with adequate utilities, road access, drainage, and other necessary
facilities. Drainage patterns, stormwater detention, and restricted discharge from the site will be
maintained in accordance with the current stormwater management requirements of the Village and
DuPage County. Pad G is not located in a special flood hazard zone, and no regulatory wetlands are
located on -site. Further, the proposed amended development of Pad G will not require any material
increase in Village services. We anticipate the elimination of overnight parking, which was necessary for
hotel use but not restaurant use, will reduce the impact on public resources. Therefore, the proposed
development will have no adverse impact or strain on Village services and is fundamentally beneficial to
the community.
5. Archaeological, Historical or Cultural Impact. No known archaeological, historical, or cultural
resources are located on or off the Property impacted by the proposed planned development amendment.
6. Parking and Traffic. Pad G is served with ingress and egress points that minimize traffic congestion in
the public streets. A signalized intersection at McDonald Drive and 22nd Street serves Pad G. Pad G will
produce materially less traffic volume during peak hours than the current use approved for at Pad G.
Furthermore, overnight parking will effectively be eliminated as a result of the modified use. Pad G is
designed efficiently to satisfy the required parking and circulation dynamics. As previously indicated, Pad
G will include a three, free standing restaurant buildings and will receive dedicated parking immediately
north, east, and west of Pad G.
7. Adequate Buffering. Pad G will have substantial landscaping to protect uses within the development
and surrounding properties. Pad G does not interfere with or detract from residents and visitors, and the
new proposed use will only amplify its vitality and vibrancy. This area is thoughtfully planned to include
extensive, functional landscaping and buffering features, allowing various public outdoor configurations
5ut
to exist easily and serve the larger Oak Brook Community. Finally, adequate and safe sight lines for
vehicles and pedestrians will be at Pad G. See attached landscape plan.
8. Signage. All signage for the development of Pad G will conform to the Village's sign regulations in
Chapter 11 of the Village Zoning Ordinance unless otherwise provided by the approved Planned
Development Ordinance. The Plan sheets and elevations show the general scope and location of the
minimal Pad G signage, scaled appropriately for the building and consistent with the Village's sign
standards and other sign uses within the Village's commercial corridor.
9. Ownership/Control Area. The Property is presently under the ownership of Hines, who is under
contract with TM Real Estate Holdings LLC, the Applicant. Upon approval of this amendment, the
Property will transfer ownership and be under the Applicant's ownership, TM Real Estate Holdings LLC.
10. Need. There is a clear consensus that there is a cognizable need to develop this key gateway Village
property. The 2019 Commercial Revitalization Plan emphasizes the desire for new mixed -use
redevelopment in the Village, specifically identifying the vacant McDonald's Plaza as a potential mixed -
use concept. The proposed amendment facilitates the scale necessary to make it feasible for TM Real
Estate Holdings LLC to develop the property with the highest possible unit and amenity standards
befitting of the Village of Oak Brook while generating a new, net -benefit revenue stream for the Village,
increasing sales and utility tax -generating potential, license and permit fees, and further diversifying
restaurant options in Oak Brook. Pad G is an integral element of the Oak Brook Commons planned
development.
11. Compliance with Subdivisions Regulations and Plat Act. The amendment to the Planned
Development modifies a previously approved one building hotel into three stand-alone buildings, each
intended to have their own respective Permanent Index Number (PIN), while remaining in compliance
with all standards, regulations and procedures of the Village's subdivision regulations and the Plat Act.
12. Covenants and Restrictions to be Enforceable by Village. All covenants, deed restrictions, easements,
and similar restrictions to be recorded in connection with the Planned Development, may not be modified,
removed, or released without the express consent of the Village of Oak Brook and may be enforced by
future landowners (including the Applicant) within the proposed development.
13. Security and Site Control. Each building will have smoke and fire alarms on -site, in addition to
security systems in place for the safety of employees, customers, and neighbors. Furthermore, the
elimination of overnight parking will allow for greater control measures within the Planned Development
as the properties are not utilized for a majority of the 24-hour period.
The roadways are being designed in a manner to accommodate two lanes of traffic. Valet service
will be offered at all three locations allowing for predictable traffic patterns and avoiding
congestion.
The Applicant intends to provide water service/billing through a master agreement by the Owner
of the property, which will be governed by a master agreement between the three proposed
developments/sites. Additionally, the Applicant anticipates and expects to enter into an
agreement(s) with the adjacent owner as it relates to ancillary matters for proposed site
development and day-to-day operation (including but not limited to parking, gates, plowing,
valet, etc.), which said agreements shall be transmitted to the Development Services Director
and/or Public Works, for their review and satisfaction.
Prior to the final parcel receiving a building permit from the Village, the Village's Development
Services Director shall evaluate the then -existing parking that services the proposed third
building. If the Development Services Director makes a determination sufficient parking does
not exist within the Hines — Oak Brook Commons master development plan, then the Applicant
shall pay for the expansion of the existing parking lot to its immediate north, and expand
eastward allowing for no more than 30 paved parking spots. An agreement shall be made
between the Owner of the Hines — Oak Brook Commons master development plan and the
Applicant, which shall be transmitted to the Development Services Director for review and
approval.
Please let us know if you have any questions or need any additional information prior to the
meeting on December 18, 2024. TM Real Estate Holdings LLC is ready to proceed upon
receiving the Planning & Zoning Commission's and Board of Trustee's approval of the
amendment to the development of the Hines — Oak Brook Commons master development plan.
2025-ZO-PU D-EX-S-1720
1050 22"d Street,
Oak Brook, Illinois
PIN (s): 06-23-407-019
Page 12 of 15
EXHIBIT C
Commission's Recommendation
12
VILLAGE OF
OAK BR92.K, BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60523
January 2, 2025
Village President and Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Subject: TM Real Estate Holdings LLC, Applicant and Oak Brook Commons, Owner — 1050
22nd Street — Lot G of the Oak Brook Commons Subdivision — A Major Change to a
Planned Development approved as Ordinance S-1568 — 3 stand-alone restaurant
buildings up to 25,000 square feet to replace the previously approved 8-story boutique
hotel (200,000 square feet) - Planned Development
Dear Village President and Board of Trustees:
Background
On December 18, 2024, the Planning & Zoning Commission held the required public hearing and
completed its review and deliberations on an application for TM Real Estate Holdings LLC,
Applicant and Oak Brook Commons, the owner of the property located at 1050 22nd Street,
specifically Lot G of the Oak Brook Commons Subdivision, seeking approval of a major change
to a Planned Development approved as Ordinance S-1568 for 3 stand-alone restaurant buildings
to replace the previously approved 8-story boutique hotel.
The Oak Brook Commons mixed -use planned development was approved by the Village Board
on May 29, 2019. The focus on this proposed planned development is on Lot G located along 22nd
Street. Lot G was previously approved for an 8-story boutique hotel. They are requesting three (3)
wall signs per restaurant building and a reduction from 244 to 186 parking spaces.
The applicant provided a presentation of the proposed project before the President and Board of
Trustees on October 8, 2024. The application moved forward pending a thorough review and
recommendation by the Planning & Zoning Commission.
Waivers and Variations: The Planned Development process allows an applicant to request
waivers and variations from Village zoning laws that are necessary for the construction of the
desired project. The following waivers and variations were requested along with a complete
narrative of the request and standards under Tab 2.
The two requested departures for the three (3) restaurant buildings were as follows:
1. Wall Signs. Section 13-11-10.C.2 to permit and allow more than two (2) wall signs
per building and a wall sign on a building fagade that is not located on a street frontage.
The petitioner is proposing three (3) wall signs for each building.
January 2, 2025
Village President and Board of Trustees
RE: 1050 22°d Street Oak Brook Commons — Lot G —Amend Ordinance S-1568
3 stand-alone restaurants to replace previously approved hotel — Planned Development
Page 2
2. Off -Street Parking. Section 13-12-5 to permit and allow an off-street parking ratio
of 0.65 parking spaces per 100 SF of floor area which is less than the code required 1.0
parking spaces per 100 SF of floor area required per the zoning code. This departure
results in a parking space reduction from 244 to 186.
Public Comment
All interested parties were notified by certified mail of the public hearing, a legal notice was
published in the newspaper and public hearing signs were posted on the property. No letters or
phone calls were received in opposition to the request.
Planned Development Recommendation
The Planning & Zoning Commission discussed the parking issues at the development, signage and
the FAR (the 3 restaurants would be significantly smaller than the approved hotel). The P&Z
recommended reducing the FAR from 1.56 to 1.33 for the entire development since 175,000 sq ft
were no longer in play (previously approved 200,000 sq ft hotel) and should not be transferred to
another lot. They also recommended a parking analysis prior to construction of the second building
and did not recommend approval of 3 signs per building. The planned development standards
were provided in detail in the case file.
The Commission reviewed and deliberated on the applicant's request and recommended approval
of the requested Planned Development subject to the following conditions:
1. Compliance with Plans: The development, maintenance, and operation of Lot G
(buildings A, B and C) 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.
2. Final engineering approval shall be required.
Architectural review - Each building's outdoor dining at grade shall face 22°d Street and
go to the P&Z Commission and the Village Board for architectural review prior to
issuance of a Building Permit and shall include a review of a photometric, landscape
plan, exterior fagade and materials.
4. EFIS: Per approved PUD S-1568, exterior insulation finish system ("EIFS"), stucco,
and materials deemed to be comparable by the Development Services Director, shall
occupy no more than 25% of any building elevation, and shall comply with all Village
Code requirements concerning installation and maintenance.
5. Floor Area Ratio Limitation: The floor area ration (FAR) approved for the Property will
January 2, 2025
Village President and Board of Trustees
RE: 1050 22°d Street Oak Brook Commons — Lot G — Amend Ordinance S-1568
3 stand-alone restaurants to replace previously approved hotel — Planned Development
Page 3
apply to all lots within any future subdivision of the Property (total of 17.47 acres) as a
whole. The FAR calculation for the entire Property, after subdivision, may not exceed
1.33.
6. The Security and site control measures for Lot G shall be discussed and developed in
cooperation with the Oak Brook Police Department to utilize public and private
resources in establishing a thorough and appropriate building and site security plan;
7. A detailed plan for proposed exterior trash enclosure and circulation is required.
8. Gates: Consider operation and aesthetics of the proposed gates in between buildings A
and B, and B and C.
9. A final wall sign exhibit shall be required depicting all wall signs being proposed on
their respective building elevations. All sign proposals shall comply with all other
applicable sign code regulations of the Oak Brook zoning code and will require a
separate permit application.
10. Calculations showing existing parking spaces vs required spaces shall be provided for
the proposed restaurants. Parking shall be provided per Village code requirements as
development occurs on each subdivided parcel of Lot G. Prior to the construction of
the second restaurant a parking analysis shall be completed. At the determination of the
Development Services Director the applicant shall be responsible for construction of
additional parking spaces.
11. Dormant SSA: As a part of the approved PUD, a dormant special service area ("SSA")
overlaying the Property was established for the purpose of fully funding the
maintenance, operation, repair, and replacement of the Property's stormwater
management facilities. Any new development within the Oak Brook Commons must be
part of the Dormant SSA.
12. All other provisions of Ordinance S-1568 approved for the Subject Property will remain
in full force and effect.
Very truly yours,
K"�uIva
Rajaraman Iyer
Chairman
Planning & Zoning Commission
2025-ZO-PU D-EX-S-1720
1050 22nd Street,
Oak Brook, Illinois
PI N(s): 06-23-407-019
Page 13 of 15
EXHIBIT D
Original Site Plan / Amendment Site Pan
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2025-ZO-P U D-EX-S-1720
1050 22"d Street,
Oak Brook, Illinois
PIN (s): 06-23-407-019
Page 14 of 15
EXHIBIT E
TRANSFEREE ASSUMPTION AGREEMENT
14
EXHIBIT E
TRANSFEREE ASSUMPTION AGREEMENT
THIS AGREEMENT, made as of this day of 2025, by, between and among
("Owner"); ("Transferee"); and the Village of Oak Brook, an Illinois
municipal corporation ("Village").
WITNESSETH:
WHEREAS, pursuant to that certain real estate sale contract dated ("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-1720, approved by the Village on or about January
28, 2025, and recorded in the Office of the DuPage County Recorder on , 2025,
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.
ATTEST:
By
I is
ORDINANCE NO.S-1720
TM REAL ESTATE PLANNED DEVELOPMENT
1050 220d Street, OAK BROOK, IL
PIN:
Page 2 of 4
OWNER
TM REAL ESTATE HOLDINGS
By:
Its: Authorized Signatory
VILLAGE OF OAK BROOK, an Illinois municipal
corporation
By:
lts:
TRANSFEREE
By:
Name:
Its: Authorized Signatory
ACKNOWLEDGEMENT
STATE OF ILLINOIS }
} SS.
COUNTY OF
ORDINANCE NO.S-1720
TM REAL ESTATE PLANNED DEVELOPMENT
1050 22nd Street, OAK BROOK, IL
PIN:
Page 3 of 4
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 2025, by
the Authorized Signatory of ("Owner") as his/her free and voluntary act
in his/her authorized capacity of said company for the uses and purposes herein.
Signature of Notary
SEAL
My Commission expires.
ORDINANCE NO.S-1720
TM REAL ESTATE PLANNED DEVELOPMENT
1050 22"' Street, OAK BROOK, IL
PIN:
Page 4 of 4
STATE OF ILLINOIS )
SS.
COUNTY OF )
The foregoing instrument was acknowledged before me on
2025, by "Transferee" 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
2025-ZO-P U D-EX-S-1720
1050 22"d Street,
Oak Brook, Illinois
PIN (s): 06-23-407-019
Page 15 of 15
Exhibit F
UNCONDITIONAL AGREEMENT AND CONSENT
15
ORDINANCE NO.S-1720
TM REAL ESTATE HOLDINGS -
PLANNED DEVELOPMENT
1150 22"" Street, OAK BROOK, IL
PIN: 06-23-407-019
EXHIBIT F
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village"):
WHEREAS, an application has been submitted by, TM Real Estate Holdings, LLC (the "Petitioner')
with the consent Oak Brook Commons, LLC (the "Owner"). the owner of certain real property located in the
Village's ORA-2 Office Research Assembly District at 1050 22m Street, Oak Brook, Illinois, (the "Properly'),
which property is legally described in Exhibit 1, seeking approval of a planned development to construct
and operate three stand-alone restaurants totaling 25,000 square feet (the "Planned Development") located
on the Property; and
WHEREAS, Ordinance No. 2024-ZO-PUD-EX-S-1720 adopted by the President and Board of
Trustees of the Village of Oak Brook on January 28, 2025, ("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
unless otherwise transferred by execution of a Transferee Assumption Agreement.
ORDINANCE NO.3-1720
TM REAL ESTATE HOLDINGS -
PLANNED DEVELOPMENT
1150 22"" Street, OAK BROOK, IL
PIN: 06-23-407-019
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, 14,LUI&W Authorized Signatory, exe uted this Unconditional Agreement
and Consent on behalf of Owner MM v&-& w Eton this 'o2 A day of L, 2025.
SUBSCRIBED and SWORN to
before me this I day of
2025.
t5`r'S ftul. .
Notary Public
r
BY
ITS: Authorized Signatory
official Seai
CONNIE REID
Notary Public, State of 16�1mais
Commission No, 895691
My Commkslon Expires Jtirne 7, 2027
2
ORDINANCE NO. S-1720
TM REAL ESTATE HOLDINGS - PD
1150 22"d Street, OAK BROOK, IL
PIN: 06-23-407-019
EXHIBIT 1
LEGAL DESCRIPTION
LOT G IN THE FINAL PLAT OF OAK BROOK COMMONS, BEING A SUBDIVISION OF
PART OF THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11,
EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED FEBRUARY 5, 2020, AS
DOCUMENT NUMBER R2020-012533 AND CERTIFICATE OF CORRECTION
RECORDED MAY 09, 2024, AS DOCUMENT NUMBER R2024-025636, AND
CERTIFICATE OF CORRECTION RECORDED OCTOBER 30, 2024, AS DOCUMENT
NUMBER R2024-064856 IN DUPAGE COUNTY, ILLINOIS
Common Address: 1050 22"d Street, OAK BROOK, IL PIN(s)�
06-23-407-019
3