S-1370 - 06/11/2013 - VARIATION - OrdinancesEXHIBIT C
Ordinance 2013-ZO-V-EX1-S-1370
Aerotek-903 Commerce Drive
Variation -Wall Sign
PIN: 06-23-407-002
Page 6 of 8
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village"):
WHEREAS, an application has been filed by Aerotek, Inc. ("Petitioner', on behalf of Oak Brook
Commerce Center, LLC ("Owner',, the owner of the property located at 903 Commerce Drive, Oak
Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property',,
requesting variations from Sections 13-11-10E.4 and 13-11-10G.4 ("Variations") of the "Zoning
Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"), to allow for the
construction of a wall sign on the Property as depicted in Exhibit B attached hereto and incorporated
herein ("Wall Sign',; and
WHEREAS, Ordinance No. 2013-2O-V-EX-S-1370, adopted by the President and Board of
Trustees of the Village of Oak Brook on June 11, 2013 ("Ordinance"), grants approval of the Variations,
subject to certain modifications, 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 consents 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 Owner and Petitioner hereby unconditionally agree to accept, consent to, and abide by all of
the terms, conditions, restrictions, and provisions of the Ordinance.
2.The Owner and Petitioner 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 Variations granted by the Ordinance may be revoked if the Petitioner or
Owner does not comply with the Ordinance; and (iii) the Owner and the Petitioner agree not to challenge
any such revocation on the grounds of any procedural infirmity or a denial of any procedural right.
3.The Owner and Petitioner 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 Wall Sign 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 Owner or Petitioner against
damage or injury of any kind and at any time.
4.The Owner and Petitioner 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 Wall Sign, the Property, or the
Village's adoption of the Ordinance.
5.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.
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