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S-1593 - 01/28/2020 - VARIATION - Ordinances (2)THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2020-ZO-V-EX -S-1593 AN ORDINANCE GRANTING AN AMENDMENT TO VARIATIONS REGARDING THE USE OF THE BALL FIELD LIGHTS AT 1450 FOREST GATE ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk JOHN BAAR PHILIP CUEVAS MICHAEL MANZO MOIN SAIYED EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 28th day of January, 2020 ORDINANCE 2020-ZO-V-EX-S-1593 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 (collectively, “Ball Fields”), and a synthetic turf soccer field (“Soccer Fields”) are located on the Property, as depicted in Exhibit B attached hereto and incorporated herein; and WHEREAS, the Property is located in the Village’s CR Conservation/Recreation District; and WHEREAS, the maximum height for structures 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”), is 30 feet, although structures in this District may have a maximum height of 40 feet upon issuance by the Village of a special use permit; and WHEREAS, upon application of the District, 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 light poles on Fields 2 and 3, which variation was subject to certain conditions; and WHEREAS, upon further application of the District, on September 28, 2004, and pursuant to Ordinance 2004-ZO-V-S-1084 (“S-1084”), the President and Board of Trustees granted an additional variation to the District to permit the construction of 70-foot high light poles on Field 1, subject to certain conditions, which included restrictions on the days and hours the lights on the Ball Fields could be used; and WHEREAS, upon further application of the District, 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 conditions in S-1084 that restricted the days and hours the lights on the Ball Fields could be used, and to allow adult athletic teams to use the lights on Field 1; and WHEREAS, upon further application of the District, on September 25, 2012, and pursuant to Ordinance 2012-ZO-V-EX1-S-1350 (“S-1350”), the President and Board of Trustees granted the District an additional variation to construct four seventy-foot high light poles on the previously unlighted Soccer Field (“Soccer Field Light Variation”); and 2 WHEREAS, the Soccer Field Light Variation was subject to certain conditions, including limited restrictions on the hours during which the Soccer Field lights could be used, and limited restrictions providing that the Soccer Field Lights could be used only from April 1 to November 15 (“Soccer Field Days Restriction”); and WHEREAS, on February 12, 2013, and pursuant to Ordinance 2013-ZO-V-EX-S-1361 (“S- 1361”) (“Park District Variation Ordinance”), the President and Board repealed S-779, S-1084, S- 1296, and S-1350 and restated the variations granted, and the conditions imposed, by those Ordinances in one consolidated ordinance containing the conditions and requirements related to the District’s use of the Ball Fields and the Soccer Field under the Village Zoning Regulations; and WHEREAS, on September 6, 2013, the District filed a new petition (“Petition”) requesting an amendment to the Park District Variation Ordinance to eliminate the Soccer Field Days Restriction, with the effect that under the Petition, Soccer Field lights would be allowed to be utilized 365 days a year (“Proposed Amendment”); and WHEREAS, on October 1, 2013, the Oak Brook Zoning Board of Appeals (“ZBA”) conducted a public hearing, pursuant to due and appropriate legal notice, on the Petition for its Proposed Amendment; and WHEREAS, after the close of the public hearing, the ZBA found that the District satisfactorily addressed the facts required for approval of the Proposed Amendment set forth in Section 13-4-6D of the Zoning Regulations and, in a letter to the President and Board of Trustees dated October 16, 2013, the recommended approval of the Proposed Amendment subject to certain conditions; and WHEREAS, the Village Board publicly considered and publicly continued this consideration of the Proposed Amendment at its November 12, November 26, and December 10, 2013 meetings, and at its January 14, February 11, April 8, May 27 and June 10, 2014 meetings; and WHEREAS, at the June 10, 2014 meeting, the Village Board continued the consideration of the Proposed Amendment to its July 8, 2014 meeting; and WHEREAS, in response to the Proposed Amendment, the Village Board, Village Staff, and Village Attorney have worked determinedly to foster intergovernmental cooperation with the District in order to develop changes to the Park District Variation Ordinance that reasonably and clearly provide the District with adjustments to the lighting restrictions related to the Ball Fields and the Soccer Field, while mitigating to the extent possible the impacts of the use of the lights on the Ball Fields and Soccer Field on the surrounding residents’ ability to enjoy the use of their residential properties; and WHEREAS, the President and Board of Trustees have determined that the amendments to the Park District Variation Ordinance as set forth in this Ordinance are reasonable and fair and 3 carefully address the Village’s legitimate interests in (1) providing zoning relief to the District that complies with the standards set forth in Section 13-14-6 of the Zoning Regulations, (ii) minimizing the injurious effects of the lights for the Ball Fields and the Soccer Field upon surrounding residential properties, and (iii) otherwise protecting the general purpose and intent of the Zoning Regulations; and WHEREAS, the conditions set forth in this Ordinance related to the brightness and intensity of the Ball Field and Soccer Field lights are intended to allow the District to generally use the Ball Field and Soccer Field lights at the brightness and intensity levels at which they are currently being used; and NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE 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. Amendment to Variation Ordinance. Pursuant to the standards set forth in Section 13-14-6D of the Zoning Regulations, and subject to and contingent on the conditions set forth in Section 3 of this Ordinance, Section 3 of S-1361 is hereby amended in its entirety so that Section 3 of S-1361 shall hereinafter be and read as follows: “Section 3. Conditions. Notwithstanding a 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: 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 Field 1 and placed on the light standards that face directly towards the Forest Gate subdivision located immediately south of the Property (“Forest Gate”) (approximately 15 of 41 total lights); and B.Illumination Standards for Fields 1, 2, 3, 4 and the Soccer Field. I.The illumination from the lights on Fields 1, 2, 3, 4 and the Soccer Field, collectively, may not exceed ½ foot candle at the property line of Forest Gate. II.All non-LED individual light fixtures that illuminate Fields 1, 2, 3, 4, including, without limitation, any light fixtures that are installed to illuminate any additional baseball fields installed on the Property, shall not exceed 30 foot lamberts of intensity, subject to up to 10 percent fluctuation, and temporary fluctuation for any newly installed light bulbs that may occur while the light bulbs decay to their normal luminance level, as measured from an unobstructed view of each light fixture as needed from the brightest locations as determined by the lighting consultant, with input from the Forest Gate 4 Homeowners Association, within the region bounded by the Southerly-most curb line of the ring road and extending South up to and including the top plateau of the bermed earthworks, in Forest Gate (the “Measurement Zone”) and generally depicted for demonstrative guidance on the diagram attached hereto as Exhibit C. III.All individual light fixtures that illuminate the existing Soccer Field shall not exceed 40 foot lamberts of intensity, subject to up to 10 percent fluctuation, and temporary fluctuation for any newly installed light bulbs that may occur while the light bulbs decay to their normal luminance level, as measured from an unobstructed view from the northerly-most lot lines of lots 67, 68 and 69 in Forest Gate. C.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 D.Retrofitting Lights on Field 2 and 3. The District will retrofit the existing lights on Fields 2 and 3 with Qualite Sports Lighting Fixtures, International Series, or an alternative type of lighting fixture reasonably acceptable to the Village. E.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 F.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 Soccer Field. G.Dates of Operation of Lights. I.The District will only use the lights on Fields 1, 2, 3 and 4 between April 1 and November 15, provided, however, that between November 1 to November 15, the District will only use the lights on Field 1 for youth athletic teams (high school age and younger). The lights on Fields 1, 2, 3 and 4 will not be used for any reason between November 16 and March 31. II.Subject to Paragraph III of this Subsection, the District will only use the lights on the Soccer Field between March 1 and December 15. The lights on the Soccer Field will not be used for any reason between December 16 and the last day of February (“Soccer Field Date Restriction”). III.The Soccer Field Date Restriction will not apply if: (i) the Class of Play for soccer illumination levels is reduced from II to either III or IV, as defined in the Illuminating Engineering Society of North America’s Lighting Handbook, Tenth Edition published in 2011; or (ii) all of the individual lights on the Soccer Field produce no more than 30 foot lamberts of intensity, subject to temporary fluctuation for any newly installed light bulbs that may occur while the light bulbs decay to their normal luminance level, at all times of year as measured 5 from an unobstructed view of any Soccer Field light fixture from the northerly- most lot lines of lots 67, 68 and 69 in Forest Gate. H.Times of Operation of Lights. Subject to the restrictions on dates in Subsection G of this Ordinance, the lights on Fields 1, 2, 3, 4 and the Soccer Field will: (1) have secure activations that are only accessible by the coaches of the teams using the Fields; and (2) automatically shut off no later than: I.10:30 p.m. for the lights on Fields 2, 3 and 4 II.9:00 p.m. for the lights on Field 1 III.If the Soccer Field Date Restriction applies, then 10:30 p.m. for the lights on the Soccer Field. If the Soccer Field Date Restriction does not apply, then 9:30 p.m. from December 15 to the last day of February, and 10:30 p.m. from March 1 to December 14. I.Testing of Lights. I.Testing Requirements Applicable to Non-LED lighting. In order to ensure compliance with the conditions contained in Section 3.B.(II) of this Ordinance, until such time as LED lights are installed, the District will retain a third-party lighting professional reasonably approved in advance by the Village to conduct a light measurement test applicable to the non-LED lights between October 1 and December 15 of each year to insure that non-LED lights on Fields 2, 3, 4, and any future fields that may be installed on the Property, comply with Section 3 of this Ordinance (“Non-LED Test”). The conditions in Subsection 3.G of this Ordinance will not apply during the Non-LED Test. The Non-LED Test will be conducted, on not less than 7 days prior written notice, in the presence of Village employees designated by the Village, representatives of the Park District, and one to four individuals designated by the Forest Gate Homeowners Association, and results will be documented in a written report that will be simultaneously shared by the consultant, in its entirety, with the Park District, the Forest Gate Homeowners Association and the Village, within not more than thirty (30) days after conduct of the Non-LED Test. If a Non-LED Test determines that any of the Non-LED lights on Fields 2, 3, 4, or any fields that may be installed on the Property do not comply with Section 3 of this Ordinance, the Park District will bring the lights into conformance with the requirements of Section 3 prior to the next recreational use of the non-conforming lights by the Park District. II.Termination of Lights Testing for LED Lighting. The Park District’s obligation to measure light levels for a ballfield light fixture as required in Section 3.I.(I) shall terminate upon completion of the following: (i) 6 installation of LED lighting for said fixture; and (ii) an initial test on or before next recreational use of the LED lighting, to confirm that light levels are consistent with the limitations set forth above. The Park District shall provide Forest Gate Homeowner’s Association and the Village with a copy of the test results not more than 30 days after the test has been conducted. Commencing after the Park District’s installation of LED lighting at any ballfield located on the Property, if the Forest Gate Homeowner’s Association believes in good faith that one or more specified LED lights are not in compliance with the standards set forth in Sections 3B (II) and (III) above, it shall provide written notice to the Village Manager identifying the field and the alleged non-compliant light fixture (“FG Notice”). Within 10 days after receipt of the FG Notice from the Association, the Village shall notify the Park District and: (i) if the non-compliant LED fixture is out of its intended position, the Park District shall securely re-position the fixture to its designed position prior to the later of (i) the next recreational use, or (ii) 30 days after the FG Notice and no test shall be required; or (ii) if the non-compliant LED fixture is within the parameters of its intended position, the Park District shall retain a lighting consultant to measure the light levels from the alleged non-compliant fixture (“LED Test”), (following the process and procedure set forth for a Non LED Test set forth above). If the LED Test indicates the fixture does not comply with the standards set forth in Section 3B (II) or (III), the Park District shall, prior to the later of (i) the next recreational use, or (ii) 30 days after the LED Test, modify the lighting configuration to achieve full compliance. If readings from the alleged non-compliant fixture(s) do comply with the standards set forth in Section 3B (II) or (III), the Homeowner’s Association shall, within 30 days of receipt of a copy of the paid consultant’s invoice for such LED Test, reimburse the Park District’s for the consultant’s fees to conduct the LED Test. The Park District shall not be required to conduct more than one (1) LED test per calendar year. J.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 Park 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 alternate parking arrangements for persons using Fields 1, 2, 3, 4 and the synthetic turf soccer field; and K. Compliance with Apolicable Law. ln 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 L. Aqreement 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 3. Failure to Comolv with Conditions. Upon failure or refusal of the District to comply with any or all of the conditions, restrictions, or provisions of 5-1361, as amended by this Ordinance, the Variation Amendment 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 4. Bindine Effect; Non-Transferabilitv. 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 5. Severabilitv. lf any section, paraBraph, 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 6. 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. Effective Date. This Technical Correction is made to apply prospectively from the date of approval shown below, upon approval 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. TECHNICAL CORRECTION APPROVED AND PASSED THIS i.{otl,rnrtcftozo..-T- Gopal G. Lalmalani Village President Ayes: Trustee Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf Absent: None ATTEST: Charlotte K Pruss Vi∥age Clerk 魏8 EXHIBIT A LEGAL DESCRIPTION The Subject Property, which is currently zoned Conservation/Recreation district is located within the corporate limits of the Village of Oak Brook, commonly referred to as 1300- 1500 Forest Gate Road, Oak Brook, Illinois 60523 with the legal description as follows: 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 O 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 O 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 O 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 O 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 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 O 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 O 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 O 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 O degrees - 05' 40" West of the place of beginning; thence South O 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. PIN: 06-26- 303-002, 003 and 004 EXHIBIT B Field 1 Exhibit D Unconditional Agreement and Consent WHEREAS, a petition has been submitted by the Oak Brook Park District, Property Owner ("Owner''), for the property located at 1450 Forest Gate Drive, Oak Brook, Illinois, which is legally described in Exhibit 1 attached hereto and incorporated herein ( hereinafter referred to as the "Subject Property'1, requesting an amendment to the Variation to Sections 13-5-4 D (hereinafter referred to as the "Variation") of the Zoning Ordinance of the Village of Oak Brook, as amended ("Zoning Regulations"), to permit new terms and conditions for use of ballfield lights, installation of new fixtures and monitoring of same; and WHEREAS, Ordinance No. 2020-ZO-V-EX-S-1593, adopted by the President and Board of Trustees of the Village of Oak Brook on January 28, 2020 grants amendments to variations regarding the use of the ball field lights at 1450 Forest Gate Road, subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until Owner 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, Owner does hereby agree and covenants as follows: 1.The Owner hereby unconditionally agrees to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Owner acknowledges that (i) public notices and hearings have been properly given and held with respect to the adoption of the Ordinance; (ii) the Owner has considered the possibility that the Variation granted by the Ordinance may be revoked if the Owner does not comply with the Ordinance; and (iii) The Owner agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3.The Owner 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 of improvements authorized hereby, and that the Village's issuance of any such permits does not, and will not, in any way, be deemed to insure the Owner against damage or injury of any kind and at any time. 4.The Owner 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. 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 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 it 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.