S-1348 - 09/25/2012 - ZONING-SPECIAL USE - Ordinances Exhibits Ordinance 2012-ZO-SU-EX1-S-1348
Lewis University—111122"d Street
Special Use—Non-residential School
PIN:06-26-200-008
Page 4 of 8
EXHIBIT A
LEGAL DESCRIPTION
LOT 1 IN BUCK'S ASSESSMENT PLAT OF PART OF THE EAST ONE-HALF OF SECTION 26,
TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED SEPTEMBER 29, 1983 AS DOCUMENT R83-70678, IN DUPAGE
COUNTY, ILLINOIS.
PIN: 06-26-200-008
The subject property is located at 1111 22nd Street in Oak Brook, Illinois
Ordinance 2012-ZO-SU-EX1-S-1 348
Lewis University—111122nd Street
Special Use—Non-residential School
PIN:06-26-200-008
Page 5 of 8
EXHIBIT B
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Ordinance 2012-ZO-SU-EX1-S-1 348
Lewis University—111122nd Street
Special Use—Non-residential School
PIN:06-26-200-008
Page 6 of 8
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois("Village"):
WHEREAS, an application has been filed by Arden Realty, Inc., on behalf of Lewis University
("Petitioner"), requesting a special use permit to operate a nonresidential, post baccalaureate school
("Special Use Permit'l at 1111 22"d Street, Oak Brook, Illinois ("Property') as legally described in
Exhibit 1 attached hereto and incorporated herein; and
WHEREAS, Ordinance No. 2012-ZO-SU-EX1-S-1 348 adopted by the President and Board of
Trustees of the Village of Oak Brook on September 25, 2012, ("Ordinance")grants approval of the
Special Use Permit, subject to certain conditions, restrictions, and provisions; and
WHEREAS, Subsection 7 of the Ordinance provides, among other things, that the Ordinance will
be of no force or effect unless and until the Petitioner files 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, the Petitioner does hereby agree and covenant as follows:
1. The Petitioner hereby unconditionally agrees to accept, consent to, and abide by all of the terms,
conditions, restrictions, and provisions of the Ordinance.
2. The Petitioner acknowledges and agrees that: (i) public notices and hearings have been properly
given and held with respect to the adoption of the Ordinance; (ii) the Petitioner has considered the
possibility that the Special Use Permit granted by the Ordinance may be revoked if the Petitioner does not
comply with the Ordinance; and (iii) the Petitioner agrees not to challenge any such revocation on the
grounds of any procedural infirmity or a denial of any procedural right.
3. The Petitioner 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 as a nonresidential, post baccalaureate school, and that the
Village's issuance of any such permits does not, and will not, in any way, be deemed to insure the
Petitioner against damage or injury of any kind and at any time.
4. The Petitioner 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
such parties in connection with the construction, operation, and use of the Property or the Village's
adoption of the Ordinance.
5. The restrictions imposed by this Unconditional Agreement and Consent shall be restrictions
running with the land and shall be binding upon and inure to the benefit of the Petitioner and its heirs,
successors, assigns, agents, licensees, lessees, invitees, and representatives, including, without
limitation, all subsequent owners of the Property, or any portion thereof, and all persons claiming under
them to the extent provided in this Unconditional Agreement and Consent. If any of the privileges or
rights created by this Unconditional Agreement and Consent would otherwise be unlawful or void for
violation of(1) the rule against perpetuities or some analogous statutory provision, (2) the rule restricting
restraints on alienation, or (3) any other statutory or common law rules imposing time limits, then the
affected privilege or right shall continue only until 21 years after the death of the last survivor of the now
living lawful descendants of the current President of the United States, or for any shorter period that may
be required to sustain the validity of the affected privilege or right.
Ordinance 2012-ZO-SU-EX1-S-1 348
Lewis University—111122 nd Street
Special Use—Non-residential School
PIN:06-26-200-008
Page 8 of 8
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
Property:
LOT 1 IN BUCK'S ASSESSMENT PLAT OF PART OF THE EAST ONE-HALF OF SECTION 26,
TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED SEPTEMBER 29, 1983 AS DOCUMENT R83-70678, IN DUPAGE
COUNTY, ILLINOIS.
PIN: 06-26-200-008
The subject property is located at 1111 22nd Street in Oak Brook, Illinois
Ordinance 2012-ZO-SU-EX1-S-1 348
Lewis University—111122nd Street
Special Use—Non-residential School
PIN:06-26-200-008
Page 7 of 8
6. 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.
IN WITNESS WHEREOF, executed this Unconditional
Agreement and Consent on behalf of Lewis University on this day of 12012
LEWIS UNIVERSITY
By:
Its:
State of Illinois )
County of DuPage )
I, a Notary Public in and for the County and State aforesaid
do hereby certify that personally known to me, and that he/she
appeared before me this day of 2012, and acknowledged that he/she
personally executed this instrument.
Notary Public
Seal