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S-388 - 10/24/1977 - VARIATION - Ordinances t ORDINANCE NO. _ 3 AN ORDINANCE GRANTING A VARIATION TO SECTION XI D -W-OF ORDINANCE NO. G-60, AS AMENDED, THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK, TO PROPERTY COMMONLY KNOWN AS THE SOUTH SIDE OF 22ND STREET DIRECTLY EAST OF ITS INTERSECTION WITH BUTTERFIELD ROAD, OAK BROOK, ILLINOIS WHEREAS, the owner of the subject property described in Section 2 below has petitioned the Village of Oak Brook, Du Page and Cook Counties, Illinois, for a variation to the regulations of Section XI (D) (7) of Ordinance No. G-60, as amended, as applied to the Subject Property; and WHEREAS, the Boards, Commissions, and agencies of the Village of Oak Brook have held all required public hearings pursuant to statutory public notice, and have submitted all required public reports and recommendations; and WHEREAS, the President and Board of Trustees deem the passage of this Ordinance to be in the best interests and pursuant to the general welfare of the Village of Oak Brook. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Oak Brook, Du Page and Cook Counties, Illinois, as follows: SECTION 1: The provisions of the preamble hereinabove set forth are hereby restated herein as though herein fully set forth. SECTION 2: The provisions of this Ordinance shall apply to the property legally described as: All of Lot 1 of the Brunswick Corporation Assessment Plat No. 2 of part of the northeast quarter of Section 28, Township 39 North, Range 11 East of the Third Principal Meridian recorded as document No. R64-6153 in Du Page County, Illinois. ALSO KNOWN AS That part of the Northeast Quarter of Section 28, Township 39 North, Range 11, East of the Third Principal Meridian, being more fully described as follows, to wit: Commencing at the Northeast Corner of the Northeast Quarter of said Section 28; thence North 87 degrees 20 minutes 12 seconds West, along the North line of Section 28, a distance of 634.15 feet to a point; thence leaving said North line of Section 28 and continuing along the Southerly right of way line of 22nd Street (Cermak Road) and South 89 degrees 50 minutes, 02 seconds West, a distance of 163.74 feet to the place of beginning, thence continuing along said Southerly right of way of said 22nd Street (Cermak Road) South 89 degrees 50 minutes 02 seconds West a distance of 60.14 feet to a point of curve; thence along a curve and still along said Southerly right of way line of 22nd Street, said curve being convex Northerly having a radius of 3719.83 feet, a distance of 305.77 feet to a point thence South 03 degrees 12 minutes 27 seconds East, a distance of 674.34 feet to a point on a curve said point being 82.5 feet Northerly (as measured radially) from the North right of way of the Northern Illinois Toil Highway thence along a curve which is 82.5 feet Northerly (as measured radially) from the North right of way of the Northern Illinois Toll Highway, said curve being convex Northerly and having a radius of 5937.08 feet, a distance of 337.48 feet to a point thence North 00 degrees 34 minutes 08 seconds East, a distance of 585.97 feet to the place of beginning all in Du Page County, Illinois. VKLJILNALVl.L 1VV. "-DU, t1J r1LVlLLVLJLLI, 111L L.IILVILVV V0%Ll11Nr1LVl.L Vl' ILIL" VILLAGE OF OAK BROOK, TO PROPERTY COMMONLY KNOWN AS THE SOUTH SIDE OF 22ND STREET DIRECTLY EAST OF ITS INTERSECTION WITH BUTTERFIELD ROAD, OAK BROOK,ILLINOIS WHEREAS, the owner of the subject property described in Section 2 below has petitioned the Village of Oak Brook, Du Page and Cook Counties, Illinois, for a variation to the regulations of Section XI (D) (7) of Ordinance No. G-60, as amended, as applied to the Subject Property; and WHEREAS, the Boards, Commissions, and agencies of the Village of Oak Brook have held all required public hearings pursuant to statutory public notice, and have submitted all required public reports and recommendations; and WHEREAS, the President and Board of Trustees deem the passage of this Ordinance to be in the best interests and pursuant to the general welfare of the Village of Oak Brook. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Oak Brook, Du Page and Cook Counties, Illinois, as follows: SECTION 1: The provisions of the preamble hereinabove set forth are hereby restated herein.as though herein fully set forth. SECTION 2: The provisions of this Ordinance shall apply to the property legally described as: All of Lot 1 of,the Brunswick Corporation Assessment Plat No. 2 of part of the northeast quarter of Section 28, Township 39 North, Range 11 East of the Third Principal Meridian recorded as document No. R64-6153 in Du Page County, Illinois. ALSO KNOWN AS That part of the Northeast Quarter of Section 28, Township 39 North, Range 11, East of the Third Principal Meridian, being more fully described as follows, to wit: Commencing at the Northeast Corner of the Northeast Quarter of said Section 28; thence North 87 degrees 20 minutes 12 seconds West, along the North line of Section 28, a distance of 634.15 feet to a point; thence leaving said North line of Section 28 and continuing along the Southerly right of way line of 22nd Street (Cermak Road) and South 89 degrees 50 minutes, 02 seconds West, a distance of 163.74 feet to the place of beginning, thence continuing along said Southerly right of way of said 22nd Street (Cermak Road) South 89 degrees 50 minutes 02 seconds West a distance of 60.14 feet to a point of curve; thence along a curve and still along said Southerly right of way line of 22nd Street, said curve being convex Northerly having a radius of 3719.83 feet, a distance of 305.77 feet to a point thence South 03 degrees 12 minutes 27 seconds East, a distance of 674.34 feet to a point on a curve said point being 82.5 feet Northerly (as measured radially) from the North right of way of the Northern Illinois Toll Highway thence along a curve which is 82.5 feet Northerly (as measured radially) from the North right of way of the Northern Illinois Toll Highway, said curve being convex Northerly and having a radius of 5937.08 feet, a distance of 337.48 feet to a point thence North 00 degrees 34 minutes 08 seconds East, a distance of 585.97 feet to the place of beginning all in Du Page County, Illinois. i A e A �oU VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS October 26, 1977 654-2220 Fifield, Palmer & Filippini 111 E. Wacker Drive, Suite 507 Chicago, Illinois 60601 Attention: Mr. Erik Moskowitz Subject: Fifield, Palmer & Filippini Variation, Off Street Loading Berths Dear Sir, The village board at their meeting of Tuesday, October 25, 1977 passed and approved.Ordinance S-388 granting a Variation to Section XI (D) (7) of Ordinance G-60, as amended, to property commonly known as the south side of 22nd Street directly east of its intersection with Butter- field Road, Oak Brook, Illinois. Attached hereto you will find copy of the ordinance. Please contact our Inspection Bureau for necessary permit and plan review. Sincerely, KeAeth �G. rmign i Village Manager K C/ls tt. cc: Inspection.Bureau • 0 • F VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS October 13, 1977 654-2220 Mr. Erik Moskowitz 111 E. Wacker Drive Chicago, Illinois 60601 Subject: Fifield, Palmer & Filippini Variation - Off Street Loading Berths Parking Request Dear Sir, At the board meeting of Tuesday, October 11, 1977, the village board considered your request for a variation of the off-street loading berths and a request to .utilize a Northern Illinois Gas easement for parking. The village board authorized the utilization of the Northern Illinois Gas easement for parking consistent with our ordinance. The village board also authorized the village attorney to prepare an ordinance grant- ing the variation for the off-street loading berths conditioned to the development of the site plan as prepared and dated September , 1977 depicting the concept of small office spaces to be rented by individual tenants. That ordinance should be prepared and presented at the October 25th board meeting. S cerely yours, 0 Ken eth G. Carmign Village Manager KGC/ls cc: Engineer Littleton Alni-pection Bureau Attorney Bianucci MEMO TO: President and Board of Trustees RE: Fifield, Palmer & Filippini Lot 2 - Brunswick Corporation Assessment Plat Variation - Loading Berth Requirements PUBLIC HEARING: October 4, 1977 Gentlemen; The Zoning Board of Appeals transmits for your consideration it's recommendation on a variation request to eliminate the requirement of providing three (3) Loading Berths for an office building of approximately 65,675 sq.ft. . Oath was administered to Eric Moskowitz, who presented testimony that the single story office court did not necessitate loading berths, since each unit was self-contained and had its own entrance for the delivery of office supplies. Architect Al Eichsteadt stated they would be able to comply with the sign ordinance and no other varia- tions would be required. Evidence was given that this type of office court is a unique situation that does not require loading berths and their absence does not have a detrimental affect on the adjoining properties. Rather, it provides a landscaped enviorment. No one appeared in behalf or against the applicant. Accordingly, by a vote of 7 - 0, the Zoning Board of Appeal recommends that the variation be granted on the condition that the use of the site be for a small scale multi-tenant office facility, planned for the division into self-contained units of approximately 1,000 sq.ft. each or combined to satisfy the needs of larger users. Zoning Board of Appeal October 4, 1977 ZONING BOARD OF APPEALS - 3 - October 4, 1977 VI. Cara-her Corporation (continued) Roll call vote - Ayes: Members Lavery, Hodges, and Chairman Baroni Nays: Members Fraser, Muschler, Regas, Ewing Absent: None Not carried. Member Regas moved - seconded. by Member Fraser. . . That the variation request be granted. because of the unique circumstances and that a hardship is present; and that the intent of the ordinance is being carried out by making alternate front yard area available. Roll call vote - Ayes: Members Fraser Yluschler, Regas, Ewing Nays: Members Lavery, Hodges, and Chairman Baroni Absent: None So ordered. . PUBLIC HEARING VII. Fifield, Palmer & Filippini 2515 - 22nd Street: Variation - Loading Berths Published in Oak Brook Dosings September 15, 1977 Letters to Residents sent September 16, 1977 The oath was administered to Eric Moskowitz, 111 E. Wacker Drive, Chicago, IL 60601. Mr. Moskowitz presented the concept of the 65,675 sq. ft. single story office court which is made up of. 1,000 sq. ft. units, each unit containing its own heating unit and wash room, and with its own front entrance. To provide a landscape environment, the development will cover only .26 F.A.R. of the permitted .45 F.A.R. as shown on the site plan prepared by Eichsteadt Architects, dated August 4, 1977. With this type of development (similar to Windsor Office Court at 210 - 22nd Street) , the (3) loading berths are not necessary since only office supplies would be delivered, except furniture upon moving in. The rent for this will be $7.75 to $8.00 per sq. ft. with the tenant paying their own utilities. The oath was administered to Al Eichsteadt, Architect, who stated this facility could never be developed into anything but what it was designed for. Member Regas moved - seconded by Member Lavery. . . That this is a unique situation that does not alter the character of the surrounding neighborhood; and to recommend that the variation be granted on the condition that the use of the site be for a small scale multi-tenant office facility planned for the division into self- contained units of approximately 1,000 sq. ft. each or combined to satisfy the needs of larger users. Roll call vote - Ayes: Members Ewing, Fraser, Hodges, Lavery, Muschler, Regas, and Chairman Baroni Nays: None Absent: None So ordered. ITEM 7: CONTINUED MR. FINKE THEN EXPLAINED THAT A RIGHT-OF-WAY CONFLICT EXISTED AT THE CORNER OF 38TH STREET AND CUMNOR ROAD. THE SOUTHEAST QUADRANT OF THE CUL-DE-SAC PROPOSED AT THAT INTERSECTION FALLS WIHTIN PROPERTY OWNED BY WCFL. SINCE WCFL WAS UNWILLING TO SELL THE PROPERTY REQUIRED TO COMPLETE THE CUL-DE-SAC, THE DEVELOPMENT COMPANY PROPOSES TO SOLVE THE PROBLEM BY ELIMINATING THE CUL-DE-SAC AND CONSOLIDATING THE TWO EASTERN MOST LOTS INTO A SINGLE LOT. ERS CONCURRED WITH THE CONSOLIDATION. F IFIELD PALMER AND FILIPPINI - PARKING RE UEST: OWITZ APPEARED ON BEHALF OF THE APPLICANT AND EXPLAINED THAT THEIR AS THE UTILIZATION OF PROPERTY OWNED BY NORTHERN ILLINOIS GAS CO. ADJACENT TO THE TOLLWAY FOR PARKING PURPOSES. HE DISTRIBUTED A REVISED PRELIMINARY SITE PLAN OF THEIR PROPOSED OFFICE COMPLEX. HE STATED THE BUILDING WOULD A SINGLE STORY STRUCTURE CONSISTING OF SELF-CONTAINED UNITS VARYING IN SIZE FROM 1,000 TO 22,000 SQ. FT. MEMBER SCOTT ASKED WHAT TYPE OF TENANTS WOULD UTILIZE THIS SPACE. IT WAS EXPLAINED THEY WOULD BE IN THE NATURE OF REGIONAL SALES AND PROFESSIONAL TYPE OFFICES. IT WAS EXPLAINED THAT A CONDITION OF THE LEASE FROM N.I.G. PROHIBITED THE INSTALLATION OF TREES ON THE GAS COMPANY PROPERTY, HOWEVER, THEY PLANNED TO EXTENSIVELY LANDSCAPE THE SITE AND WOULD PROVIDE SHRUBBERY AROUND THE' RERIMITER .OF THE PARKING LOT, INCLUDING THE STRIP OF LAND ADJACENT TO THE TOLLWAY. MEMBER SCOTT MOVED-SECONDED BY MEMBER MARQUARDT.. . THAT APPROCAL OF THE REQUEST TO UTILIZE THE N.I.G. CO. PROPERTY FOR PARKING BE RECOMMENDED TO THE VILLAGE BOARD. ROLL CALL VOTE: AYES: CHAIRMAN BARTON, MEMBERS LISTECKI, MARQUARDT, NOYES, REECE AND SCOTT NAYES: NONE MOTION CARRIED. MEMBER SCOTT COMMENDED THE DEVELOPER ON THE PROJECT. ITEM 9: COMPREHENSIVE PLAN - LAND USE COMMITTEE REPORT: LAND USE COMMITTEE CHAIRMAN SCOTT READ THE MINUTES OF THE SEPTEMBER 17, 1977 MEETING OF THE LAND USE COMMITTEE. A. VILLAGE GREEN THE PLAN COMMISSION DISCUSSED THE LAND USE COMMITTEE'S RECOMMENDATION TO DESIGNATE THIS AREA FOR COMMERCIAL USAGE AND TO DEVELOP A ZONING CLASSIFI- CATION THAT WOULD PROVIDE TIGHTER CONTROL OVER ITS DEVELOPMENT. MEMBER MARQUARDT STATED HE DID NOT AGREE THAT THE BEST USE OF THIS SITE WAS COMMERCIAL. MEMBER SCOTT MOVED- SECONDED BY MEMBER REECE... THAT VILLAGE GREEN BE DESIGNATED AS A PLANNED COMMERCIAL DEVELOPMENT. $/I5�77 C CONTINUED) Dear Resident, The Oak Brook Zoning Board of Appeals and Village Board and Plan Commission, if necessary, will be considering a: Zoning Amendment Special Use X Variation at the meetings as scheduled on the reverse side of this notice. Please refer to this schedule for time, place and dates of meetings. The application has been filed by: Erik Moskowitz (Name of Applicant) 111 E. Wacker Drive, Chicago (Address) 0 60 The property in question is situated at: 2515 -22nd Street South side of 22nd Street, ' The specific action being requested is as follows: Not be required to provide 3 Loading Berths for Office Building. If you desire more detailed information, we would suggest that you contact the Inspection Bureau located in Fire Station 1, 1212 Oak Brook Road, or you may call 654-2220. A map of the area has been reproduced on the reverse side to assist you in determing your relationship to the property in question. 74 c-1 _. Fifield, Palmer •& Filippini ; INCORPORATED Real Estate August 30, 1977 Plan Commission.and Board,ofd Trustees Z Villageof Oak Brook �" �' �� W * :. 5 r4me.3&�.Yt St 1200 Oak Brook Road Y x Oak Brook lllino><s 60521 L� z "t � rµ s f r r x e '. x 4 wf w yr .v xskr-ark,Y Reference: Oakbrook Office Court y r} Oak Brook, Illinois Gentlemen: ' rz Enclosed are 15 copies each of the following documents: z " 1 Preliminary Site Development'Plan, dated 8/4/77 r S.•;Y, pe f 3� 2 ;Site location`aerial photocopies 3' ' Lease- document for use of Northern Illinois Gase easement Mrs.'Lakosil has directed us.:to forward these documents together with this letter to formalize our rrgu&IL for your review and approval of our use of the Northern Illinois.Gase easement for oarkina in accordance with the requirements of the Zoning Ordinance of the Village of Oak Brook. The proposed use of the site is a small scale multi-tenant office facility, planned for division into units of approximately 1,000 square feet, each having its own entry, toilet room, and mechanical, system. The units may be combined as necessary to satisfy the needs of larger users. The site will.be profusely landscaped by means of courtyards, parking area dividers, and berms, including coniferous parking area screening as required by the Zoning Ordinance. Parking exceeds requirements and the density is approximately half of that allowed for the"site (floor area ratio is .26 versus .45 allowable). J� If you.require further information please advise. Very't ly,yours, • so Erik Moskowitz Q. - Vice President Fifield, Palmer & Filippini Encl. EM/das' Vt VILLAGE 4L � Li., "BLDG. DEPT 111 East Wacker Drive . Chicago,Illinois 60601 .Telephone,(312)861-1101 ou VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 September 21, 1977 President and Board of Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 Re : Fifield, Palmer $ Filippini - Off Street Parking on other than the Principal Lot Dear Trustees : At the regular meeting of the Plan Commission held September 19, the Plan Commission voted, 6-0 , to recommend that the applicant be permitted to utilize the Northern Illinois Gas Company property abutting the principal lot and the Illinois Tollway for the purpose of parking in fulfillment of the overall parking requirements for developing the parcel in question. This approval is consistent with other parking developments on land adjacent the Tollway that has been developed for ORA-1 uses . Such approvals should not be deemed, however , to constitute a waiver of landscaping and screening requirements relating to parking facilities . Respec- f y submitte , 1 i r�`Barto _ P1 n Commission - Chairman it Absent: None So ordered. C. Liquor License Application - Bully's 1415 - 22nd Street At the request of the applicant, this matter was deferred to the next regular meeting of September 27, 1977. D. Cancellation of Law Enforcement Agreement with City of Oakbrook Terrace The Village received a certified copy of Resolution #R-77-2 which terminates the Traffic Agreement effective September 23, 1977. Manager Carmignani was directed to acknowledge receipt of said termination. E. Appeal - Building Commissioner's Decision - Amoco Oil Company Referred to Zoning Board of Appeals Meeting on October 4, 1977. F. Fifield, Palmer & Filippini - Variation - Off Street Loading Berths Location: South side of 22nd Street directly east of its intersection with Butterfield road. Loading Berths - Referred to Zoning Board of Appeals Meeting on October 4, 1977. Parking Location - Referred to Plan Commission Meeting on September 19, 1977. G. Richard Rex - Variation - Fence - 48 Forest Road Referred to Zoning Board of Appeals Meeting on October 4, 1977. H. 35th Street Enterprises (SaddleBrook) Variation - Fence Location: Lots #40-57 in Unit #2 and Lots #126 & #127 in Unit #3. Referred to Zoning Board of Appeals Meeting on October 4, 1977. I. Caraher Corporation - Front Yard Variation Location: Camden Court at East/West Tollway Referred to Zoning Board of Appeals Meeting on October 4, 1977. J. SaddleBrook Development Company - Rescheduling of Phases Referred to Plan Commission Meeting on September 19, 1977. VII. ADJOURNMENT Time: 9:15 P.M. Trustee Brown moved - seconded by Trustee Rush. . . That this meeting be adjourned. Voice vote - all in favor. So ordered. Respectfully submitted, MatiarVne L osil Village Clerk 9/13/77 -7- VILLAGE OF OAK BROOK 1200 Oak Brook Road 654-2220 SCHEDULE AND RECEIPT FOR PUBLIC HEARING Name of Applicant J Received byDate 8 [ ':51 7 (Village Clerk) Received ''t' 3a 7 6-0ca C e c No. (Name) Date Amount Applicant should be present at meetings checked: Board of Trustees Meeting 7:30 P.M. Tuesday Publication Date - DOINGS NSVSPAPER Thursday V- Plan Commission Meeting 7:30 P.M. Monday / 7 Y Zoning Board of Appeals Meeting 7:30 P.M. Tuesday Lp /--7:1 Board of Trustees Meeting 7:30 P.M. Tuesday Board of Trustees Meeting 7:30 P.M. Tuesday (G fi All meetings are held in the Samuel E. Dean Board Room of the Oak Brook Village Commons, 1200 Oak Brook Road (31st Street). PRIOR TO SCHEDULED MEETING, APPLICANT IS TO REQUEST STATUS OF APPLICATION, ALLOZv'ING FOR. SUFFICIENT TIME TO SUBMIT ANY ADDITIONAL MATERIAL. Address City State Zip If owner is being represented by someone other than himself, please fill in the information below: Owners Representative: (As Contract Purchaser ) Fifield, Palmer & Filippini, Inc. Name Erik Moskowitz Telephone No. 861-1101 Address 111 E. Wacker Drive City Chicago State Ill. Zip 60601 General Location (or) Address of Property: South side of 22nd Street directly east of its intersection with Butterfield Road Legal. Description of Property See Attached ' State specific action requested and give reasons for same: (Refer to pertinent section of Oak Brook Zoning Ordinance G-60. ) L Zoning Amendment Special Use Variation Fee: $150.00 Fee: $150.00 Fee: $150.00 See Attached ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, (15) COPIES OF A SCALE DRAWING OF A RECENT SURVEY PREPARED BY A REGISTERED SURVEYOR AND SHOWING THE PROPERTY LINES, EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION AND ANY BUILDINGS ON ADJACENT PROPERTY LOCATED WITHIN 100 FEET OF SUBJECT PROPERTY. IT IS NECESSARY THAT THIS INFORMATION BE RECEIVED BY THE FIRST OF THE MONTH FOR PUBLIC HEARING ON THE FIRST TUESDAY OF THE FOLLOWING MONTH. MAIL TO: Village Clerk Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 (Signature of Applicant) Erik Moskowitz, Vice President Fifield, Palmer & Filippini We seek relief from Zoning Ordinance requirement for off-street loading berths, as specified under Appendix A, Section XI (D) Off-Street Loading, paragraph (7); requires 3 loading berths for office building 40,001 to 100,000 sf. Justification for the variance is related to the use of the site as a small scale multi-tenant office facility, planned for division into units of approximately 1,000 square feet, each having its own entry, toilet room, and mechanical system. The units may be combined as necessary to satisfy the needs of larger users. Loading berths are not applicable for this type of office facility and this requirement has been previously waved in a similar case; the Windsor Office Plaza at 210 W. 22nd Street. In addition, this requirement has been waved in completed comparable facilities in several suburban locations without detrimental effect. The environmental benefit is to decrease the paved area of the site. All of Lot 1 of the Brunswick Corporation abessmant Plat No- 2 of part of the northeast quarter of Section 28, To7nship 39 North, Range 11 East of the Third Principal Meridian recorded as document No. R64-6153 in DuPage County, Illinois_ ALSO KNOWN AS That part of the Northeast Quarter of Section 28, Township 39 North, Range 11, East of the Third Principal Meridian, being more fully described as follows, to-wit. Coxamenci-ng at the Northeast Corner of the Northeast Quarter of said Section 28; thence North 87 degrees 20 minutes '12 seconds West, along the North line of . Section 28, a distance of 634_15 feet to a point; thence leaving said North line of Section 28 and continuing along the Southerly right of way line of 22nd Street (Cermak Road) and South 89 degrees 50 minutes, 02 seconds West, a distance of 163.74 feet to the place of beginning, thence continuing along said Southerly right of way of said 22nd Street (Cermak Road) South 89 degrees 50 minutes 02 seconds West a distance of 60. 14 feet to a point of curve; thence along a curve and still along said Southerly right of way line of 22nd Street, said curve being convex Northerly having a radius of 3719. 83 feet, a distance of 305_77 feet to a point- thence South 03 degrees 12 minutes 27 seconds East, a distance of 674_34 feet to a point on a curve said point"being 82_5 feet Nor:herly (as measured radially) from the North right of way of the Northern Illinois Toll Highway thence along a curve which is 82.5 feet Northerly (as measured radially) from the North right of tray of the Northern Illinois Toll Highway, said curve being convex Northerly and having a radius of 5937_08 feet, a distance of 337_48 feet to a point thence North 00 degrees 34 minutes 08 seconds East, a distance of 585.97 feet to the place of beginning all in DuPage County, Illinois. 1 wol EA Am '�rw ..''IBM NAL_ D CHEMICALir.�T� A . 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'�i.. �",x ;�'y t�: .} � `'Y}`[ � d '�`�S 7 �h.'f r"'og�.•'•,...°.q t ':,�?...M� y� �. r�4ij�+t�,:,�.?+,� t •M to fY, � ':Y( < � t 45t'Y:�i' �- +�c. f s,*e�.ti6�CSA�ust G4i49'Q�. _ -• • - . f _ - k -C' } �; I • 3 ilsF � .'�'��pY 7f10..'i..r.hJlau •BIW•PL.a.lt �+•�-` - ._.. .r �" M�g.� t+ � ` ��, ,ave,�y,s„� c �" � ?t►. . .i" ��- w ^p.F ..- } 4 'r t ta'� ,,:5 of N.-. '•r' y.:.'; y y+ CHAMPION PARTS f ja ,a a t!'. Y°J a 3 + ,r y 'Jf W "r �.. ,• .w,.y:rn...,'•,e='tr^aelxima� awn -�� .t JJLF �f>v ,+ 9• •w* ! '�� ' ,Y �.'? ,� � ,� ' a �4� yi.. .aft" sA.�� a ,... ..,.,r..-..-."Tw....,..-»...�., ... RAPI TAN Imam =S �• � Ri� �1- ° a .. '� '� f.� f 7, n r c� -�{.,,�`b.;��"r �'r` °..'� �a+ i �■ �� .f,.a� ,{ � � 4 �� ' 1. ,ppb� 'a`'�„� •' 1�-x�', > ;� ��»� � COMPANY, an Illinois corporation (hereinafter called "Lessor") and JAMES C. CARAHER, (hereinafter called "Lessee") . W I T N E S S E T H: That Lessor, for and in consideration of the covenants and agreements hereinafter mentioned to be kept and performed by Lessee, its successors and assigns, has demised and leased and does hereby demise and lease.. to Lessee the real estate (hereinafter called the "Premises") shown crosshatched and as Demised Property on the plat (hereinafter called the "Plat") attached hereto as Exhibit C-1 and legally described in Exhibit C-2 hereto, to be used by Lessee, its employees , agents, .-- tenants, patrons and guests as a private parking lot and for ingress and egress to and from Lessee 's property which is des- cribed in Exhibit C-3 attached hereto. TO HAVE MMD TO HOLD the premises for a primary term (here- inafter called the "Primary Term") of thirty-five (35) years com- mencing with the exercise of the Option Agreement to which this Indenture of Lease is attached as an exhibit. In consideration of the demise, and the covenants and agreements herein expressed, it is covenanted and agreed as follows: FIRST: During the term hereof, Lessee shall pay to Lessor at Lessor' s place of business , or to such place or to such other person as Lessor shall direct by a notice in writing to Lessee, the following sums as rent for the premises: .ieasenola tnerearter, the rental snail be increasea by an . amount equal to five (50) percent of the rent for the prior year; (c) If this lease shall be extended as provided in Paragraph Ten hereof, the rental during the Extended Term or Terms shall be due and payable on the first day of each year and shall be in such amount as provided in Paragraph Ten. Lessee shall further pay on or before the due date therefor and before any interest or penalties occur, all taxes (other than general real estate taxes or special assessments levied against the Premises) , license fees or other charges which may be levied or assessed against the Premises or the business conducted by Lessee thereon, or which may be levied or assessed against any and all improvements placed thereon by Lessee . Lessee, upon presentation by Lessor of bills for the amount thereof, shall promptly reimburse Lessor for any such taxes , license fees or other charges which may be paid by Lessor. SECOND: Lessee may place a blacktop parking area, drive- ways for ingress and egress (by automobile) , landscaping (but Lessee shall not plant any trees) and light standards with conduit upon said Premises (hereinafter called "Facilities") . Lessee shall make no other improvements nor construct any other structures upon the Premises . Prior to each installation of any Facilities , Lessee shall provide Lessor with detailed plans and specifications indicating the location and method of installation of such Facilities and shall not proceed with construction unless final plans and spe- cifications are approved in writing by Lessor. Once Lessor ;has �i -2- ii�,V obtain all permits and licenses required to conform to applicable rules and regulations of all authorities having jurisdiction. B. Lessee shall notify Lessor at least forty-eight (48) hours prior to performing any work on the Premises. C. All work performed on the Premises shall be performed in the presence of a representative of Lessor. Such re-presen- tative shall have full authority to stop the work of Lessee if not done to such representative ' s reasonable satisfaction. Lessee shall reimburse Lessor for the cost of such representative. D. There shall be no blasting on the Premises. E. Natural drainage of the Premises shall not be impaired. F. The surface of the Premises shall be restored to the satisfaction of Lessor' s representative at the termination of this Lease. FOURTH: Lessee shall indemnify and hold Lessor. harmless, including without limitation the defense of any suits, of and from any loss, cost, damage or expense , or claims therefor, of any kind whatsoever brought by any person (s) whatsoever, em- ployees of Lessor, employees of Lessee or of any contractor, for injuries (including death) , or damage to or loss of property alleged or claimed to have been caused by or to have arisen out of or in connection with, or to be incidental to Lessee 's use of the Premises or to any work performed by or for the bene- fit of or pursuant to direction or a»thority of or with per- mission of Lessee or any of its contractors or subcontractors in, on or about the Premises , and to pay, liquidate, discharge and satisfy any and all judgments , awards or expenses which -3- i Primary Term and all Extended Terms) in companies and amounts reasonably satisfactory to Lessor, comprehensive general lia- bility and property damage insurance, including contractual liability coverage. Until Lessor directs otherwise, such insur- ance shall be in the following minimum amounts : for bodily injury a minimum of $500, 000; for liability on account of injury to or in the death of any one person and not less than $1, 000,000 for the total liability resulting from any one accident, for property damage, a minimum of $200 , 000 for all property damage and destruction resulting from any one accident. Prior to the effective date of this Lease, Lessee shall `furnish a certificate or certificates, in a form satisfactory to Lessor, evidencing insurance coverage as required hereby. Such certificate or certificates shall include a provision requiring the insurer to give Lessor at least thirty (30) days' prior written notice of termination, nonrenewal or re- duction in any insurance required by this paragraph. SIXTH: At the termination of this Lease, Lessee covenants to return the Premises to Lessor in as good condition as the Premises are now, reasonable use and the effects of the time excepted provided if Lessor requests, but not otherwise, Lessee shall return the Premises to Lessor with all improvements made by Lessee. Lessee shall maintain in good order and repair during the entire term of this Lease, all improvements made to the Premises by Lessee. -4- r U' case may be. No waiver of any default of Lessee shall be im- plied from omission by Lessor to take any action on account of such default, and it is hereby further agreed and provided that any waiver at any time of a breach of any condition, covenant or agreement of this Lease shall extend only to the particular breach so waived, and shall in no manner impair or affect the existence of such condition, covenant or agreement, or the right of the Lessor to thereafter avail itself of same and any sub- sequent breach thereof. Lessee shall have the right to terminate this Lease at any time during the Primary Term of Extended Term(s) by .giving written notice to Lessor within sixty (60) days of the date of termination, and in that event, all covenants and obligations of the Lessee shall cease as of the termination date. EIGHTH: If Lessee shall breach or make default in any of the conditions, covenants, terms , provisions or agreements of this Lease, and such breach or default shall continue for thirty (30) days after notices by Lessor to Lessee, or any petition or similar pleading under any section of any bank- ruptcy act shall be filed by or against Lessee, or any insol- vency proceeding shall be filed by or against Lessee, or if Lessee makes an assignment for benefit of creditors , or if Lessee abandons the Premises , Lessor may, if Lessor so elects but not otherwise, and with or without notice of election, forthwith terminate this Lease and upon such termination Lessor shall be entitled to retain all prepaid rent. On any such termination, Lessee shall surrender possession and vacate the Premises immediately. -5- inspect, alter, repair or change the size of any of Lessor' s facilities presently in place, if any, within the Premises or which Lessor may, from time to time in the future, wish to place therein or permit others to place therein. It is under- stood and agreed that Lessor in the exercise of any of its rights with regard to its facilities shall not be responsible or liable for any interruption or interference of Lessee' s possession or occupancy of the Premises or for damage to or repair or replacement of any of Lessee ' s Facilities (including, without limitation, pavement, landscaping or lighting) damaged or destroyed or for any other interference, damage,,. replacement or happening whatsoever, whether similar or dissimilar to any of the foregoing during the period of construction only. Furthermore, nothing contained in this Lease shall in any way affect Lessor's right to grant easements to any other party over, under or across the Premises, provided that any such easements shall require that the grantee of the easement may not interfere with Lessee' s use of the Premises except during the construction of facilities within the easement by the grantee, and shall require that the grantee shall reimburse the Lessee for any damage to or interference with the Lessee' s facilities during the period of such construction. It is expressly agreed by Lessee that all its rights under this Lease are subject and subordinate to Lessor' s rights as set L forth in this paragraph. -6- parties prior to each such extension, for twelve (12) terms (the Extended Term(s) ) of five (5) years each. Each such renewal option shall be exercised by written notice to Lessor during the last six (6) months of the final year of the then expiring Term of this Lease. If within three (3) months of each such option exercise the parties are unable to mutually agree on the rental for the applicable Extended Term, then this Lease shall automatically be extended and rent shall be determined in accord- ance with the following paragraph. Rent for each year during the first Extended Term if not mutually agreed to by the parties aforesaid shall be determined by adding to the rent for the last year of the Primary Term an amount equal to the average annual percentage increase, if any, of the Consumer Price Index (as defined herein) during the Primary Term multiplied by the rent for the last year of the Primary Term; provided,' however, the rent for each year of the first Extended Term shall in no event be less than the last year of the Primary Term. Rent for each year of each successive Extended Term, if any, shall be determined by adding to the rent for the last year of the prior Extended Term an amount equal to the average annual percentage increase, if any, of the Consumer Price Index during the prior Extended Term multiplied by the rent for the last year of the prior Extended Term; pro- vided, however, in no event shall the annual rent in any Ex- tended Term be less than the rent in the last year of the prior Extended Term. I ` L' If the manner in which such Consumer Price Index is de- termined by the Department of Labor shall be substantially re- vised, an adjustment shall be made in such revised index which would produce results equivalent, as nearly as possible, to those which would have obtained if the Consumer Price Index had not been so revised. If the 1967 average shall no longer be used as an index of 100, such change shall constitute a sub- stantial revision. If the Consumer Price Index shall become unavailable to the public because publication is discontinued, or otherwise, Lessor will substitute therefor, a comparable index based upon changes in the cost of living or purchasing power of the consumer dollar published by any other govern- mental agency, or if no such index shall be available then a comparable index published by a major bank or other financial institution or by a university or a recognized financial publication. As soon as reasonably feasible after the expiration of the Primary Term Lessor shall furnish Lessee with a statement showing the Consumer Price Index for the Primary .Term and the amount of the rent adjustment determined by the aforesaid formula. ELEVENTH: This Lease shall inure to the benefit of and be binding upon the successors and assigns of the parties here- to; provided, however, Lessee may not assign or transfer its rights hereunder or sublet the Premises or any part thereof or permit occupancy of the Premises or any part thereof by any other party without in each case the prior written consent of Lessor, which consent may be arbitrarily withheld. Any attempted i -8- �; 11C.5JCC `J LL.7C V1 L.ilC .0J 1.L.LZ.7 7 Ji1C111 LG 111 L.ViILjl11Ci11VG Vy1L11 uli applicable laws and ordinances. Lessee ' s rights under this Lease are subject and subordinate to all mortgages on the Premises, whether now or hereafter existing. Lessee agrees to furnish such additional evidence of subordination as from time to time requested by Lessor. THIRTEENTH: Any notice to be given or required in con- nection with this Lease shall be in writing, and may be given by certified or registered mail, and if so given shall be deemed to have been served upon posting such notice, properly addressed and with postage prepaid in the United States mail. Any notice given otherwise than by certified or registered mail shall be deemed to have been served when received by the party to whom it is addressed. All notices shall be given to the parties hereto at the following addresses' If to Lessor: Northern Illinois Gas Company c/o Peal Estate Department P. O. Box 190 Aurora, Illinois 60507 If to Lessee : James C. Caraher Caraher Corporation 135 South LaSalle Street Chicago, Illinois 60603 FOURTEENTH: Lessee shall maintain the Premises during the Term(s) of this Lease in a clean and sightly condition, and at all times free from mechanics liens or claims therefor. Prior to commencement of any work on the Premises by Lessee from ,which mechanics lien rights might accrue, Lessee shall secure Lessor to the reasonable satisfaction of Lessor, by the bonding, security deposit or otherwise, against the possibility of mechanics liens or claims therefor. 1� -9- � . to any award made for such taking. SIXTEENTH: Lessee shall from time to time upon request of Lessor promptly deliver to Lessor a written statement in form and content reasonably satisfactory to Lessor certifying as to the validity and force and effect of this Lease, the date to which rental is paid, the absence of default by Lessor and such other matters requested by Lessor. IN WITNESS WHEREOF, each of the parties have caused this instrument to be executed and their seals hereto affixed by the proper officer of said party thereunto duly authorized as of the-. day and year first above written. -- NORTHERN ILLINOIS GAS COMPANY, an Illinois Corporation, Lessor BY. Senior Vice President ATTEST: Assistant Secretary JAI-'-S C. CARAHER, Lessee -10- ► r. / 0 PA-knP-Td LINE stc.z9-b9.1I W LINE SoOTMFRIH_-R o 3j557- X0- 05.77 :•- Q6p.j4� — Vii' ,r 117,998 s4.Fr• ^� (S.o Ac-.) til �o W - N e _- pq I PA9- It ,G " H - _. RG" AZA 16 . - p - - w 5931 .08, G / � o�L t� o�Ll � ND No � SFr i 1,R 15 1`a PLOT_ PLAL Demised Premises / 0CL as document No. R64-6153 in DuPage Coilnty, Illinois. ALSO KNOWN AS ' That part of the Northeast Quarter of Section 28, Township 39 North, Range 11, East of the Third Principal Meridian, being more fully described as follows, to-wit: Commencing at the Northeast Corner of the Northeast Quarter of said Section 28; thence North 87 degrees 20 ninutes '12 seconds West, along the North line of Section 28, a distance of 634. 15 feet to a point; thence leaving said North line of Section 28 and continuing along the Southerly right of way line of 22nd Street (Cermak Road) and South 89 degrees 50 minutes, 02 seconds West, a distance of 163.74 feet to the place of beginning, thence continuing along said Southerly right of way of said 22nd Street (Cermak Road) South 89 degrees 50 minutes 02 seconds gest a distance of 60.14 feet to a point of cu thence along a curve and still along said Southerly right of way line of 22nd Street, said curve being convex Northerly having a radius of 3719. 83 feet, a distance of 305. 77 feet to a pont thence South 03 degrees 12 minutes 27 seconds East, a distance of 674. 34 feet to a point on a curve said point-being 82.5 feet Northerly (as measured radially) from the North right of way of the Northern Illinois Toll Highway thence along a curve which is 82.5 feet Northerly (as measured radially) from the North right of way of the Northern Illinois Toll Highway, said curve being convex Northerly and having a radius of 5937.08 feet, a distance of 337.48 feet to a point thence North 00 degrees 34 minutes 08 seconds East, a distance of 585.97 feet to the place of beginning all in DuPage County, Illinois. f i - i a j the general location of the property being at the south side of 22nd Street directly east of its intersection with Butterfield Road, Oak Brook, Illinois. SECTION 3: (a) The applicable rules and regulations of Section XI (D) (7) of Ordinance No. G-60, as amended, the "Zoning Ordinance of the Village of Oak Brook, Illinois, of 1966" are hereby varied to exclude the requirement under said Section XI (D) (7) of Ordinance No. G-60, as amended, to provide for three off-street loading berths in the development of the Subject Property as proposed, as the same would otherwise be required under said regulations, provided however, that: 1. That the use shall be for a small scale, multi-tenant office facility, divided into individual small self-contained units of approximately 1,000 square feet or combinations to satisfy the needs of larger users; and 2. The Subject Property shall be developed in substantial conformance with that certain development plan dated September 20, 1977, and prepared by Eichsteadt Architects, for Fifield, Palmer and Filippini, developers. SECTION 4: This Ordinance shall be in full force and effect from and after its passage and approval as by Statute in such case made and provided. This Ordinance shall be published in pamphlet form. SECTION 5: All ordinances, rules, and regulations of the Village of Oak Brook which are in conflict with the provisions of this Ordinance, are hereby repealed to the extent of the conflict, and only as they apply to the territory hereinbefore described. SECTION 6: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such determination shall not affect the validity of any remaining portion of this Ordinance. PASSED this �54- day of 1977. 1 AYES: r/ ; NAYS: p ABSENT: APPROVED this n 54 day of �}� - , 1977. President ATTEST: Village Clerk Filed in the Office of the Village Clerk and published in pamphlet form by authority of the President and Board of Trustees of the Village of Oak Brook this day of 1977. Village Clerk APPROVED as to form #VilZAttornyey -2-