S-1482 - 12/13/2016 - AGREEMENT - Ordinances Exhibits Ordinance 2016-ZO-SU-EX-S-1482
Special Use—Outdoor Dining Area
166 Oakbrook Center
PIN:06-23-300-044
Page 6 of 9
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village"):
WHEREAS, an application has been filed by Roka Akor Oak Brook, LLC ("Petitioner'), as
tenant, and Oakbrook Shopping Center, LLC, as owner ("Owner"), of the property located at 166
Oakbrook Center, Oak Brook, Illinois ("Property's, which Property is legally described in Exhibit A
attached hereto and incorporated herein, requesting a special use permit("Special Use Permit's to allow
an outdoor dining area on the Property ("Outdoor Dining Area'); and
WHEREAS, Ordinance No. 2016-ZO-SU-EX-S-1482 adopted by the President and Board of
Trustees of the Village of Oak Brook on December 13, 2016, ("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 and Owner file this Unconditional Agreement and
Consent with the Village Clerk and consent to accept and abide by each of the terms, conditions and
limitations set forth in the Ordinance;
NOW, THEREFORE, the Petitioner and Owner do hereby agree and covenant as follows:
1. The Petitioner and Owner hereby unconditionally agree to accept, consent to, and abide by all of
the terms, conditions, restrictions, and provisions of the Ordinance,
2. The Petitioner and Owner acknowledge and agree that: (i) public notices and hearings have been
properly given and held with respect to the adoption of the Ordinance; (ii) the Petitioner and Owner have
considered the possibility that the Special Use Permit granted by the Ordinance may be revoked if the
Petitioner and Owner do not comply with the Ordinance; and (iii) the Petitioner and Owner agree not to
challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural
right.
3. The Petitioner and Owner acknowledge and agree 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 for an Outdoor Dining Area, and that the Village's
issuance of any such permits does not, and will not, in any way, be deemed to insure the Petitioner or
Owner against damage or injury of any kind and at any time.
4. The Petitioner and Owner agree to and do 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 Outdoor Dining Area 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 Owner 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
Ordinance 2016-ZO-SU-EX-S-1482
Special Use—Outdoor Dining Area
166 Oakbrook Center
PIN:06-23-300-044
Page 7 of 9
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.
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.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2016-ZO-SU-EX-S-1482
Special Use—Outdoor Dining Area
166 Oakbrook Center
PIN:06-23-300-044
) Page 8 of 9
IN WITNESS WHEREOF, , j�y,/••r executed this Unconditional Agreement
and Consent on behalf of Roka Akor Oak Brook, LLC, on this let day of )— -�:) , 201t
Roka Akorak Brook, LLC
By: j Al
a•---`_
Its: t4•^ * S o
State of Illinois )
County of DuPage
I, 14S •S;` `��� a Notary Public in and for the County and State aforesaid do hereby
certify that ,� r7 AC-.0 personally know to
me, and that di a appeared
before me this -� day of 201t, and ackn wledged at he/she personally
executed this instrument.
Nota u lic
Sea
OINIM MM
NMI pu1N0-NIM M Owl
Ce iM bo"Jun 2.2040
IN WITNESS WHEREOF, executed this--Unconditional Agreement
and Consent by Oakbrook Shopping Center, LLC on this ISt day of CffYDOL -241-6.Zd 17
Oakbrook Shopping Center, LLC
By:
lel=
Its: 0
State of Illinois )
County of DuP" )
I, �"19Yn fa�r`�- a Notary Public in and for the County and State aforesaid do hereby
certify that t4d( U / S LU A a personally known to me, and that he/she appeared
before me this I Si' day of - R/U,f tj 2016, and acknowledged that he/she personally
executed this instrument.
Notary Public
Seal
OFFICIAL SEAL
KATHLEEN FABRE
NOTARY PUBLIC, STATE 0ILLINOIS
My Commission Expires June 1, `?
�:,r'.r x�g;. x 0.:''p',')�� '$
Ordinance 2016-ZO-SU-EX-S-1482
Special Use—Outdoor Dining Area
166 Oakbrook Center
PIN:06-23-300-044
Page 9 of 9
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property:
The subject property is located at 166 Oakbrook Center, in Oak Brook, Illinois and the legal description is
as follows:
That part of Lot 3 described as follows:
Commencing at the Southeast corner of said Lot 3; thence North 00 degrees, 40 minutes, 36 seconds
West 230 feet along the Easterly line of said Lot 3; thence North 27 degrees, 56 minutes, 59 seconds
West 174.67 feet along the Easterly line of said Lot 3 to a point beginning; thence North 38 degrees, 24
minutes, 23 seconds West 341.23 feet to the Southeasterly line of Lot 2 in Oak Brook Terrace, said line
being also the Northwesterly line of the most Southerly portion of Lot 3; thence the following courses
along the boundary lines of said Lot 3; North 51 degrees, 35 minutes, 37 seconds East 556.91 feet;
thence South 1 degree, 05 minutes, 37 seconds West 527.49 feet; thence South 51 degrees, 35
minutes, 37 seconds West 478.55 feet to the point of beginning.
PIN: 06-23-300-044