S-1361 - 02/12/2013 - ZONING -VARIATION - Ordinances ORDINANCE 2013-ZO-V-EX-S-1361
AN ORDINANCE GRANTING AN AMENDMENT TO VARIATIONS
REGARDING THE USE OF THE LIGHTS AT
1450 FOREST GATE ROAD IN THE VILLAGE OF OAK BROOK
(Oak Brook Park District— 1300- 1500 Forest Gate Road, Oak Brook Illinois 60523
PINS: 06-26-303-001; 06-26-303-002; 06-26-303-003; 06-26-303-004 06-35-400-031)
WHEREAS, the Oak Brook Park District ("District") owns the property located at 1300 to 1500
Forest Gate Road and legally described in Exhibit A attached hereto and incorporated herein
("Property"); and
WHEREAS, Fields 1, 2, 3, 4, and a synthetic turf soccer field are located on the Property, as
depicted in Exhibit B attached hereto and incorporated herein; and
WHEREAS, the Property is located in the CR Conservation/Recreation District; and
WHEREAS, properties located in the CR Conservation/Recreation District, pursuant to Section
13-5-4 of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"), are
prohibited from having structures that are more than 40 feet in height without a special use permit; and
WHEREAS, on August 9, 1994, and pursuant to Ordinance 94-ZO-V-E1-S-779 ("S-779"), the
President and Board of Trustees granted a variation to the District from the Zoning Regulations to allow
the District to construct 64.5-foot high ball field lights on Fields 2 and 3 subject to certain conditions; and
WHEREAS, on September 28, 2004, and pursuant to Ordinance 2004-ZO-V-S-1084 ("S-1084"),
the President and Board of Trustees granted a variation to the District from Section 13-3-8A of the Zoning
Regulations to permit the construction of 70-foot high ball field lights on Field 1, subject to certain
conditions; and
WHEREAS, on October 12, 2010, and pursuant to Ordinance 2010-ZO-V-EX1-S-1296 ("S-
1296"), the President and Board of Trustees amended S-1084 to, among other things, adjust the days
and hours the lights on the fields can be used, and to allow adult athletic teams to use Field 1; and
WHEREAS, the District has filed a petition ("Petition") requesting: (i) a variation from Section 13-
3-8A to allow for the construction of four, seventy-foot high light poles on the synthetic turf soccer field on
the Property ("Light Pole Variation"); and (ii) an amendment to S-1084, as amended by S-1296, to
extend the time the lights on the athletic fields may be used (collectively, "Variation Amendment");*and
WHEREAS, on August 7, 2012, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a
public hearing, pursuant to due and appropriate legal notice, on the Petition for the Light Pole Variation
and the Variation Amendment; and
WHEREAS, after the close of the public hearing, the ZBA found that the District satisfactorily
addressed the factors required for approval of the Light Pole Variation and the Variation Amendment set
forth in Section 13-14-6D of the Zoning Regulations and, in a letter to the President and Board of
Trustees dated September 5, 2012, recommended approval of the Light Pole Variation and the Variation
Amendment subject to certain conditions; and
WHEREAS, on September 25, 2012, the Board of Trustees adopted Ordinance 2012-ZO-V-EX1-
S-1350 ("S-1350"), granting the District: (i) the Light Pole Variation; and (ii) the Variation Amendment
with regards to Fields 2, 3, and 4; however, the Board of Trustees tabled the Variation Amendment with
regards to Field 1 to obtain additional input from the District and residents of the Village, and to further
Ordinance 2013-ZO-V-EX-S-1361
Oak Brook Park District—1450 Forest Gate Road
Use of Field Lights
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
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analyze whether it would be in the best interests of the Village and its residents to grant the Variation
Amendment as it applies to Field 1; and
WHEREAS, after receiving additional input and conducting further analysis, the President and
Board of Trustees, have determined that granting the Variation Amendment, as specifically provided in
this Ordinance, will be in the best interests of the Village; and
WHEREAS, to avoid confusion as to the conditions and requirements that govern the District's
use of Fields 1, 2, 3, 4 and the synthetic turf soccer field, the President and Board of Trustees have
further determined that it is in the best interests of the Village to restate in this Ordinance the variations
and conditions set forth in Ordinances S-779, S-1084, S-1296, and S-1350, as amended by this
Ordinance, and repeal Ordinances S-779, S-1084, S-1296, and S-1350 in their entirety;
WHEREAS, because this Ordinance restates the variations and conditions set forth in
Ordinances S-779, S-1084, S-1296, and S-1350, the President and Board of Trustees recognize that
some of the conditions contained in Section 3 herein may have already been satisfied by the District;
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. Recitals. The foregoing recitals are restated and incorporated herein as the
findings of the President and Board of Trustees.
Section 2. Restatement of Variations. Subject to, and contingent upon, the conditions,
restrictions, and provisions set forth in Section Three of this Ordinance, the Village Board of Trustees
shall, and does hereby, restate its approval of the variations from Section 13-3-8A of the Zoning
Regulations to permit the District to:
A. Field 1. Install ball field lights to illuminate Field 1 with poles not to exceed 70 feet in height in
substantial conformance with the plans drawn by Barclay &Associates, Oak Park, Illinois, entitled
"Ball Field and Security Lighting For Oak Brook Park District," dated January 30, 2004 and herein
included by reference; and
B. Field 2. Install ball field lights to illuminate Field 2 with poles not to exceed 64.5 feet in height in
substantial conformance with the plans drawn by Barclay & Associates, Oak Park, Illinois, dated
May 3, 1994 and herein included by reference; and
C. Field 3. Install ball field lights to illuminate Field 3 with poles not to exceed 64.5 feet in height in
substantial conformance with the plans drawn by Barclay & Associates, Oak Park, Illinois, dated
May 3, 1994 and herein included by reference; and
D. Field 4. Install ball field lights to illuminate Field 4 with poles not to exceed 60 feet in height in
substantial conformance with the plans drawn by Barclay &Associates, Oak Park, Illinois, entitled
"Ball Field and Security Lighting For Oak Brook Park District," dated January 30, 2004 and herein
included by reference; and
E. Synthetic Soccer Field. Install ball field lights to illuminate the synthetic turf soccer field with
poles not to exceed 70 feet in height in substantial conformance with the approved plans attached
hereto and incorporated herein as Exhibit B.
Section 3. Conditions. Notwithstanding any use or development right that may be applicable or
available pursuant to the provisions of the Zoning Regulations or any other rights the District may have,
the approvals granted in Section 2 of this Ordinance are expressly subject to and contingent upon each of
the following conditions:
Ordinance 2013-ZO-V-EX1-S-1361
Oak Brook Park District—1450 Forest Gate Road
Use of Field Lights
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
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A. International Lights on Field 1. The original light configuration on Field 1 will be altered to include
International Lights which can be focused onto the field and placed on the light standards that
face directly towards Forest Gate(approximately 15 of 41 total lights); and
B. Glare from Fields 1 4 and the Synthetic Turf Soccer Field. The District shall eliminate any glare
from the source of light for Fields 1, 4, and the synthetic turf soccer field and assure the source of
light is not directly visible from any adjacent single-family dwelling; and
C. Foot Candle Limitation from Fields 1 4 and the Synthetic Turf Soccer Field. The illumination
from the source of light for Fields 1, 4, and the synthetic turf soccer field may not exceed 1/2 foot
candle at the Forest Gate property line; and
D. Landscaping. The District will transport mature landscaping from within the District to the Forest
Gate Road side of Field 1 that will grow to block the view and aura of the lights from Forest Gate
residences; and
E. Retrofitting Liqhts on Field 2 and 3. The District will retrofit existing lights on Fields 2 and 3 with
International Lights and/or shield the existing lights on Fields 2 and 3 facing Forest Gate in such a
manner as to eliminate any glare from the source of light and assure that the source of light is not
directly visible from any adjacent single family dwelling; and
F. Walking and Parking Signs. The District will install walking paths and parking signs to direct
patrons to proper parking locations near the Family Recreation Center and the Racquet Club; and
G. Installation of Light Switches. The District will ensure the retrofitting of automatic off light
switches on Fields 2 and 3 and install automatic off light switches on Fields 1 and 4 and on the
synthetic turf soccer field.
H. Dates of Operation. The District shall only use the lights on Fields 1, 2, 3, 4, and the synthetic
turf soccer field between April 1St and November 15th of each year, provided however, that the
District shall only use Field 1 for youth athletic teams (high school age and younger) between
November 1St and November 15th of each year; and
I. Times of Operation. The District shall ensure that all lights on Fields 2, 3, 4, and the synthetic turf
soccer field have secure activations by coaches only and automatically shut off by 10:30 p.m. The
District shall further ensure that all lights on Field 1 have secure activations by coaches only and
automatically shut off by 9:00 p.m.; and
J. Testing of Lights. In order to ensure compliance with the conditions contained in Section 3 of this
Ordinance, the District shall conduct tests of the lights, prior to April 1, 2013, to the satisfaction of
the Village, to insure that the lights on Field 1 and the synthetic turf soccer field comply with the
lighting standards and requirements set forth in this Section 3 ("Tests"). The Tests shall be
conducted in the presence of a designated Village employee and a representative designated by
the Forest Gate Home Owner's Association. Based on the results of the Tests, the District may
be required to take additional steps regarding the lights, including, without limitation, adding
additional shielding to the lights and redirecting the lights on Field 1 and the synthetic turf soccer
field to be in compliance with the lighting standards and requirements set forth in Section 3 of this
Ordinance; and
K. Review of On-Street Parking. On-Street parking shall continue to be allowed on Forest Gate
Road ("Parking") until July 31, 2013 while the Village studies whether the Parking creates any
safety issues. If, on or after July 31, 2013, the Village determines, in its sole discretion, that the
Parking is not safe, the Village reserves the right to relocate or remove the Parking and the
District shall cooperate with the Village to develop a plan to remove the Parking and make
Ordinance 2013-ZO-V-EX1-S-1 361
Oak Brook Park District—1450 Forest Gate Road
Use of Field Lights
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
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alternate parking arrangements for persons using Fields 1, 2, 3, 4, and the synthetic turf soccer
field; and
L. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance,
the Property, and all of the operations and activities conducted on and in the Property, must
comply at all times with all applicable federal, state, and Village statutes, ordinances, resolutions,
rules, codes, and regulations; and
M. Agreement and Consent. Within 60 days after the date of final passage of this Ordinance, the
District will execute and file with the Village Clerk, for recording in the Office of the DuPage
County Recorder of Deeds, an unconditional agreement and consent, as attached to this
Ordinance as Exhibit C, to accept and abide by each and all of the terms, conditions, and
limitations set forth in this Ordinance("Unconditional Agreement and Consent').
Section 4. Failure to Comply with Conditions. Upon failure or refusal of the District to
comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the variations granted
in Section 2 of this Ordinance will, at the sole discretion of the Village President and the Village Board of
Trustees, by ordinance duly adopted, be revoked and become null and void.
Section 5. Binding Effect; Non-Transferability. The privileges, obligations, and provisions of
each and every section and provision of this Ordinance are for and inure to the benefit of and run with
and bind the Property, unless otherwise explicitly set forth in this Ordinance.
Section 6. Repealer. The following ordinances of the Village of Oak Brook, Illinois, shall be,
and are hereby, repealed in their entirety:
A. Ordinance 94-ZO-V-E1-S-779, entitled "An Ordinance Granting a Variation from the Provisions of
Section V(K) of the Zoning Ordinance of the Village of Oak Brook, Ordinance G-60, as Amended,
Relative to Structure Height";
B. Ordinance 2004-ZO-V-S-1084, entitled "An Ordinance Granting a Variation from the Provisions of
Section 13-3-8A of Title 13 ("Zoning Regulations") of the Village of Oak Brook Relative to
Structure Height";
C. Ordinance 2010-ZO-V-EX1-S-1296, entitled "An Ordinance Amending an Ordinance Granting a
Variation Allowing Ball Field Lights for the Property at 1450 Forest Gate Road in the Village of
Oak Brook"; and
D. Ordinance 2012-ZO-V-EX1-S-1350, entitled "An Ordinance Granting a Variation to Allow Soccer
Field Lights to be Installed at 1450 Forest Gate Road in the Village of Oak Brook."
Section 7. Severability. If any section, paragraph, clause or provision of this Ordinance
shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance.
Section 8. Effective Date. This Ordinance will be effective only upon passage by the
President and Board of Trustees of the Village of Oak Brook in the manner required by law and
publication in pamphlet form in the manner required by law.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2013-ZO-V-EX1-S-1 361
Oak Brook Park District—1450 Forest Gate Road
Use of Field Lights
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
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APPROVED THIS 12th day of February, 2013. ,
Gopal G. Lalmalani
Village President
PASSED THIS 12th day of February, 2013.
Ayes: Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis
Nays: Non,-
Absent: nT.,no
ATTEST:
P, Charlotte K. Pruss
T�a � Village Clerk
Ordinance 2013-ZO-V-EX-S-1361
Oak Brook Park District—1450 Forest Gate Road
Use of Field Lights
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
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EXHIBIT A
LEGAL DESCRIPTION
Property:
That part of Lot 1 in Oak Brook Investment Company Assessment Plat No. 3, of parts of Section 26,
Township 39 North, Range 11, East of the Third Principal Meridian, according to Plat thereof recorded
July 23, 1964 as Document No. R64-26333 described as follows:
LOT#1
Commencing at the Southeast corner of said Lot 1; thence North 89 degrees- 40'- 30" West along the
South line of said Lot 1, a distance of 178.85 feet; thence North 0 Degrees - 05'-40" West, a distance of
80.00 feet; thence North 89 Degrees -40' - 30"West, and parallel with the South line of Lot 1, a distance
of 100.00 feet to the place of beginning; thence North 0 degrees - 05' - 40" West, a distance of 1122.50
feet; thence South 89 degrees - 53'- 48" West, a distance of 26.78 feet; thence North 70 degrees - 48'
West, a distance of 324.80 feet; thence North 63 degrees - 49'- West, a distance of 256.19 feet; thence
North 81 degrees-09'West, a distance of 231.71 feet; thence South 89 degrees-42'West, a distance of
842.44 feet; thence South 75 degrees -20'West, a distance of 532.46 feet more or less to a point on the
Easterly boundary line of land conveyed to the State of Illinois for use of the Department of Public Works
and Buildings per deed recorded January 9, 1969 as Document No. R69-1030; thence Southerly along
the East line of land conveyed to the State of Illinois per Document No. R69-1030 the following three (3)
courses or curves and distances: (1) thence Southerly along an arc of a circle, having a radius of 4658.35
feet (4654.65 feet Deed), being convex to the West, the chord thereof having a bearing of South 2
degrees - 46' - 57" East, and a length of 397.63 feet, an arc-distance of 397.75 feet; (2) thence South 9
degrees- 21' - 58" East, a distance of 195 feet; (3) thence Southerly along an arc of a circle, having a
radius of 4648.35 feet(4644.65 feet Deed), being convex to the West, the chord thereof having a bearing
of South 12 degrees - 09' - 31" East, and a length of 734.61 feet an arc distance of 735.37 feet to the
intersection with the South line of Lot 1, aforesaid; thence South 89 degrees -40'-30" East along the
South line of said Lot 1, a distance of 1144.17 feet more or less to a point, which is 1080.84 feet Westerly
of the Southeast corner of said Lot 1; thence Northerly along an arc of a circle, having a radius of 1487
feet, being convex to the East, the chord thereof having a bearing of North 8 degrees-00' -34"West and
a length of 80.85 feet, an arc-distance of 80.86 feet; thence South 89 degrees - 40' - 30" East, and
parallel with the South line of Lot 1, aforesaid, a distance of 813.12 feet to the place of beginning, (except
that part thereof described as follows:
LOT#3
Commencing at the Southeast corner of said Lot 1; thence North 89 degrees - 40'- 30" West along the
South line of said Lot 1, a distance of 178.85 feet; thence North 0 degrees - 05' -40" West, a distance of
80.00 feet; thence North 89 degrees -40' - 30" West, and parallel with the South line of Lot 1, a distance
of 846.17 feet to the place of beginning; thence continuing North 89 degrees - 40'30" West and parallel
with the South line of said Lot 1, a distance of 620 feet; thence North 4 degrees - 21' West, a distance of
845.91 feet; thence South 89 degrees - 40'- 30 ' East and parallel with the South line of said Lot 1, a
distance of 620 feet; thence South 4 degrees - 21' East, a distance of 845.91 feet to the place of
beginning;) and (except that part thereof described as follows:
LOT#4
Commencing at the Southeast corner of said Lot 1; thence North 89 degrees - 40' - 30" West along the
South line of said Lot 1, a distance of 178.85 feet; thence North 0 degrees - 05' -40"West, a distance of
80.00 feet; thence North 89 degrees -40' - 30"West, and parallel with the South line of Lot 1, a distance
of 913.12 feet to the place of beginning; thence continuing North 89 degrees -40' - 30"West and parallel
with the South line of said Lot 1, a distance of 553.05 feet; thence North 4 degrees - 21'West, a distance
of 467.36 feet; thence North 89 degrees —40 degrees- 30" West and parallel with the South line of said
Lot 1, a distance of 672.89 feet more or less to a point on the Easterly boundary line of land conveyed to
Ordinance 2013-ZO-V-EX-S-1361
Oak Brook Park District—1450 Forest Gate Road
Use of Field Lights
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
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the State of Illinois for use of the Department of Public Works and Buildings per deed recorded January 9,
1969 as Document No. R69-1030; thence Southerly along said Easterly line of land conveyed to the State
of Illinois per Document No. R69-1030, being an arc of a circle, having a radius of 4648.35 feet (4644.65
feet Deed), being a convex to the West, having a chord bearing of South 13 degrees - 13' -43" East and
a length of 561.44 feet, an arc-distance of 1144.17 feet more or less to a point, which is 1080.84 feet
Westerly of the Southeast corner of said Lot 1; thence Northerly along an arc of a circle, having a radius
of 1487 feet, being convex to the East, the chord thereof having a bearing of North 8 degrees - 00' - 34"
West and a length of 80.85 feet, an arc-distance of 80.86 feet to the place of beginning;) containing
44.0000 Acres more or less, in DuPage County, Illinois.
LOT#2
That part of Lot I in Oak Brook Investment Company Assessment Plat No. 3 of parts of Section 26,
Township 39 North, Range 11, East of the 3rd Principal Meridian, according to Plat thereof recorded July
23, 1964 as Document No. R64-26333 described as follows:
Commencing at the Southeast corner of said Lot 1; thence North 89 degrees - 40 ' - 30"West along the
South line of said Lot 1, a distance of 178.85 feet; thence North 0 degrees - 05' -40"West, a distance of
80.00 feet; thence North 89 degrees - 40' - 30" West and parallel with the South line of said Lot 1, a
distance of 100.00 feet; thence North 0 degrees-05'-40"West, a distance of 1122.50 feet to the place of
beginning; thence South 89 degrees - 53' -48"West, a distance of 26.78 feet; thence North 70 degrees -
48'West, a distance of 324.80 feet; thence North 63 degrees-49'West, a distance of 256.19 feet; thence
North 81 degrees-09'West, a distance of 231.71 feet; thence South 89 degrees -42'West, a distance of
842.44 feet; thence South 75 degrees -20'West, a distance of 532.46 feet more or less to a point on the
Easterly boundary line of land conveyed to the State of Illinois for use of the Department of Public Works
and Buildings per deed recorded January 9, 1969 as Document No. R69-1030; thence Northerly along
said Easterly line of land conveyed to the State of Illinois per Document No R69-1030, being an arc of a
circle, having a radius of 4658.35 feet (4654.65 feet Deed), being convex to the West, the chord thereof
having a bearing of North 0 degrees - 20' - 38" East, a chord and arc-distance of 110.60 feet to a point in
the center of Ginger Creek; thence Easterly along the center thread of Ginger Creek the following
seventeen (17) courses and distances:
(1) North 63 degrees - 50' East, a distance of 61.97 feet; (2) thence North 73 degrees - 38' East, a
distance of 226 feet; (3) thence North 78 degrees - 02' East, a distance of 220 feet; (4) thence South 88
degrees - 54' East, a distance of 562 feet; (5) thence North 70 degrees - 27' East, a distance of 36 feet;
(6) thence North 88 degrees - 29' feet East, a distance of 284 feet; (7) thence South 81 degrees - 57'
East, a distance of 218 feet; (8) thence North 88 degrees - 30' East, a distance of 40 feet; (9) thence
South 39 degrees - 14' East, a distance of 72 feet ; (10) thence North 75 Degrees - 39 feet East, a
distance of 74 feet; (11) thence South 27 degrees - 19' East, a distance of 60 feet; (12) thence South 79
degrees-02' East, a distance of 111 feet; (13) thence South 69 degrees - 08' East, a distance of 55 feet;
(14) thence South 83 degrees - 09' East, a distance of 73 feet; (15) thence South 77 degrees - 19' East,
a distance of 70 feet; (16) thence South 35 degrees - 08' East, a distance of 80 feet; (17) thence South
55 degrees -08' East, a distance of 41.32 feet more or less to a point located 98.19 feet North 0 degrees
- 05' 40"West of the place of beginning; thence South 0 degrees -05'-40" East, a distance of 98.18 feet
to the place of beginning; containing 6.0000 Acres more or less, in DuPage County, Illinois.
Also described as:
Lot 2 in Autumn Oaks Unit One, being a subdivision of part of Section 26, Township 39 North, Range 11,
East of the Third Principal Meridian according to Plat thereof recorded February 1, 1973 as document
No. R73-5825 in Du Page County, Illinois.
Permanent Parcel#06-26-303-001; 06-26-303-002; 06-26-303-003; 06-26-303-004
Ordinance 2013-ZO-V-EX-S-1361
Oak Brook Park District—1450 Forest Gate Road
Use of Field Lights
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
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Exhibit B
Site Plan
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Ordinance 2013-ZO-V-EX-S-1361
Oak Brook Park District—1450 Forest Gate Road
Use of Field Lights
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village"):
WHEREAS, the Oak Brook Park District ("Park District") has filed a petition ("Petition")
requesting: (i) a variation from Section 13-3-8A to allow for the construction of four, seventy-foot high light
poles on the synthetic turf soccer field ("Light Pole Variation") on the property located at 1300 to 1500
Forest Gate Road and legally described in Exhibit A attached hereto and incorporated herein
("Property"); and (ii) an amendment to Ordinance 2004-ZO-V-S-1084 ("S-1084"), as amended by
Ordinance 2010-ZO-V-EX1-S-1296 ("S-1296"), to extend the time the lights on the athletic fields may be
used ("Variation Amendment"); and
WHEREAS, on September 25, 2012, the Board of Trustees adopted Ordinance 2012-ZO-V-EX1-
S-1350 ("S-1350"), granting the Park District: (i) the Light Pole Variation; and (ii) the Variation
Amendment to extend the times the Park District can use the lights on Fields 2, 3, and 4, and established
a time restriction on the use of the lights on the synthetic turf soccer field; however, the Board of Trustees
tabled the Park District's request for a Variation Amendment to amend the times the lights can be used on
Field 1; and
WHEREAS, Ordinance No. 2013-ZO-V-EX-S-1361, adopted by the President and Board of
Trustees of the Village of Oak Brook on February 12, 2013 ("Ordinance"), granted approval of the
Variation Amendment, subject to certain modifications, conditions, restrictions, and provisions; and
WHEREAS, Subsection 3.M. of the Ordinance provides, among other things, that the Ordinance
will be of no force or effect unless and until the Park District files this Unconditional Agreement and
Consent with the Village Clerk, within 60 days following the passage of the Ordinance, and consents to
accept and abide by each of the terms, conditions and limitations set forth in said Ordinance;
NOW, THEREFORE, the Park District does hereby agree and covenant as follows:
1. The Park District hereby unconditionally agrees to accept, consent to, and abide by all of the
terms, conditions, restrictions, and provisions of the Ordinance.
2. The Park District acknowledges that public notices and hearings have been properly given and
held with respect to the adoption of the Ordinance and S-1350, has considered the possibility of the
revocation provided for in the Ordinance, and agrees not to challenge any such revocation on the
grounds of any procedural infirmity or a denial of any procedural right.
3. The Park District acknowledges and agrees that the Village is not and will not be, in any way,
liable for any damages or injuries that may be sustained as a result of the Village's issuance of any
permits for the use of the Property, the construction and installation of the seventy-foot high light poles on
the synthetic turf soccer field, or the use of lights on the Property, and that the Village's issuance of any
such permits does not, and will not, in any way, be deemed to insure the Park District against damage or
injury of any kind and at any time.
4. The Park District agrees to and does hereby hold harmless and indemnify the Village, the
Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents,
representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of
such parties in connection with the operation and use of the Property, or the Village's adoption of the
Ordinance.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2013-ZO-V-EX-S-1361
Oak Brook Park District—1450 Forest Gate Road
Use of Field lights
PINS:06-26-303-001;06-26-303-002;06-26-303-003;06-26-303-004 06-35-400-031
Page 10 of 10
Dated: , 2013.
ATTEST: Oak Brook Park District
By: By:
Its:
PLEASE NOTE: The Agreement, Resolution, or Ordinance is not a complete file,
due to the fact that a Signed Signature page was not returned to the Clerk's
Department.