S-1593 - 01/28/2020 - BOARD OF TRUSTEES - Ordinances (2) Courtesy Copy(recorded by Park District)
Confirmed by Steve Adams
Oak Brook Park District Attorney
ORDINANCE NO. 20-0121
AN ORDINANCE APPROVING F INANCING FOR THE
PURCHASE AND INSTALLATION OF LED BALLFIELD LIGHTING
AT SPECIFIED CENTRAL PARK BALLFIELDS
WHEREAS,the Oak Brook Park District,Du Page and Cook Counties,Illinois(the "Park District"),
is a duly organized and existing Park District created under the provisions of the laws of the State of Illinois,
and is now operating under the provisions of the Park District Code of the State of Illinois, and all laws
amendatory thereof and supplementary thereto(the "Park Code");and
WHEREAS,Section 8-1 of the Park Code authorizes the Park District to acquire and install equipment
necessary for its corporate purposes; and
WHEREAS,on July 8,2014,the Village of Oak Brook(the"Village")adopted Ordinance 2014-ZO-
V-EX-S-1403 ("Ordinance 1403")in response to the Park District's request to adjust days of usage of certain
ballfields at Central Park; and
WHEREAS, Ordinance 1403 established limitations on the Park District's operation of the ballfield
lights, in order to address concerns about the ballfield light levels expressed by certain residents of the Forest
Gate subdivision, located south of Central Park; and
WHEREAS, since the adoption of Ordinance 1403, the Park District has endeavored to balance
compliance with the lighting restrictions with the responsible delivery of recreational services on the lighted
ballfields for the benefit of its residents and taxpayers;and
WHEREAS,in 2019,the Village,Park District and Forest Gate attempted to amend Ordinance 1403
to address certain light measurement procedures,whereupon it was determined that installation of LED lights
on the ballfields provided the most effective means for balancing the interests of Forest Gate and the Park
District; and
WHEREAS,purchase of LED lighting for the ballfields on Central Park is not identified on the Park
District's capital improvement plan for the next three years; and
WHEREAS,the Park District has determined that the purchase and installation of new LED lighting
for the Central Park Ballfields identified in Exhibit A before commencement of the 2020 spring season(or as
soon as the District deems practicable thereafter) ("Project') and the elimination of provisions in Ordinance
1403 requiring annual testing of ballfield lighting levels in the Forest Gate Subdivision is in the best interests
of the community; and
WHEREAS,the Park Board finds that it does not have sufficient funds on hand for the Project, and
the total costs of this borrowing including legal, financial and other expenses will be no less than $500,000;
and
WHEREAS, the Village has offered to provide the Park District with a low interest loan in the
principal amount of$500,000 to enable the Park District to proceed with the Project on the terms set forth in
the Intergovernmental Loan Agreement attached hereto as Exhibit A and incorporated herein;and
WHEREAS, Article VII, section 10 of the Illinois Constitution of 1970 provides that units of local
government "may contract or otherwise associate among themselves... to obtain or share services and to
exercise, combine, or transfer any power or function, in any manner not prohibited by law or by ordinance;
and
WHEREAS, Article VII, Section 10, further provides that"[p]articipating units of government may
use their credit, revenues, and other resources to pay costs and to service debt related to intergovernmental
activities;"and
WHEREAS,the Park Board hereby finds and determines that entering into the joint and cooperative
loan agreement with the Village is reasonable,necessary, and in the public interest and welfare;and
WHEREAS,the borrowing must be authorized by ordinance passed by the Park Board;and
WHEREAS, the Village has agreed to loan the Park District the sum of$500,000 pursuant to the
terms set forth in the promissory note in substantially the form attached hereto as Exhibit B (the"Promissory
Note"), which shall be evidence of this borrowing in compliance with the requirements of the Park Code and
applicable law;and
2
4820-9730-0142.v.2
NOW,THEREFORE, BE IT ORDAINED by the Board of Park Commissioners of the Oak Brook
Park District,DuPage County, Illinois,as follows:
Section 1. The Park Board hereby finds that all of the recitals contained in the preamble to this
Ordinance are full,true and correct and does incorporate them into this Ordinance by this reference.
Section 2. It is hereby found and determined that the Park District is authorized by law to borrow
the sum of$500,000 upon the credit of the Park District and as evidence of such indebtedness, to issue the
Promissory Note, the proceeds of which shall be used for the purposes aforesaid, and it is necessary and for
the best interests of the Park District that the Promissory Note be issued at this time and in said amount.
Section 3. There shall be borrowed on the credit of, and for, and on behalf of the Park District
the sum of$500,000 for the purposes aforesaid.The Promissory Note in substantially the form attached hereto
as Exhibit B is hereby authorized and approved by the Park Board.
Section 4. The Park Board President and Secretary are hereby authorized and directed to execute
and deliver to the Village the Promissory Note and all other documents reasonably necessary in connection
with the financing,consistent with the Park Board's intent as stated in this Ordinance,upon the Park District's
receipt of the sum of$500,000 from the Village.
Section 5. The Promissory Note is herewith and in all respects approved, ratified and
confirmed,it being found and detennined that acceptance of the Village's offer is in the best interests of the
Park District, and no person holding any office of the Park District, either by election or appointment, is in
any manner interested, either directly or indirectly, in his own name or in the name of any other person,
association,trust or corporation,in said Promissory Note.
Section 6. This Ordinance does not authorize the levy and collection of a direct annual tax to pay
the principal or the interest on the Promissory Note.
Section 7. The District agrees to comply with all provisions of the Internal Revenue Code which
if not complied with by the District would cause the interest on the Promissory Note not to be tax-exempt in
the hands of a holder.
Section 8. All ordinances,resolutions,orders, or parts thereof in conflict with the provisions of
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4820-9730-0142.v.2
this Ordinance be and the same are hereby repealed to the extent of such conflict, and upon the passage and
approval hereof as provided by law,this Ordinance shall become effective as provided by law.
Adopted by the Board of Park Commissioners of the Oak Brook Park District this 201 day of January,2020.
AYES: Suleiman, Trombetta, Tan, Truedson
NAYS:
ABSENT: Knitter
AB STAIN:
OAK BROOK PARK DISTRICT
By: - �
President,Board of Park Commissioners
ATTEST:
B
etas ark Co tssioners
4
4820-9730-0142.v.2
EXHIBIT A
[BALLFIELDS TO RECEIVE LED LIGHTING]
EXHIBIT B
[INTERGOVERNMENTAL LOAN AGREEMENT]
EXHIBIT C
12019 PROMISSORY NOTE]
STATE OF ILLINOIS )
SS
COUNTY OF DUPAGE )
CERTIFICATION OF ORDINANCE
I,the undersigned,do hereby certify that I am the duly qualified and acting Secretary of the Board
of Commissioners(the "Board")of the Oak Brook Park District,DuPage and Cook Counties,Illinois(the
"District"),and that as such official I am the keeper of the records and files of the Board.
I do further certify that the foregoing Ordinance entitled:
Ordinance No.20-0121
AN ORDINANCE APPROVING FINANCING FOR THE PURCHASE
AND INSTALLATION OF LED BALLFIELD LIGHTING AT
SPECIFIED CENTRAL PARK BALLFIELDS.
was adopted at the meeting of the Board held on the 20' day of January, 2020 and is a true, correct and
complete copy thereof,as adopted at said meeting.
I do further certify that the deliberations of the Board on the adoption of said ordinance were
conducted openly,that the vote on the adoption of said ordinance was taken openly,that said meeting was
held at a specified time and place convenient to the public,that notice of said meeting was duly given to all
of the news media requesting such notice,that an agenda for said meeting was posted at the location where
said meeting was held and at the principal office of the Board at least 48 hours in advance of the holding of
said meeting,that at least one copy of said agenda was continuously available for public review during the
entire 48-hour period preceding said meeting, that said meeting was called and held in strict compliance
with the provisions of the Open Meetings Act of the State of Illinois,as amended,the Illinois Park District
Code as amended, and that the Board has complied with all of the provisions of said Acts and Codes and
with all of the procedural rules of the Board.
IN WITNESS WHEREOF,I hereunto affix my official signature and the seal of he District,this 20th
day of January,2020.
oard of Co ission s
(SEAL)
6
4820-9730-0142,v.2
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INTERGOVERNMENTAL LOAN AGREEMENT
THIS INTERGOVERNMENTAL LOAN AGREEMENT is made as of this _ day of
, 2020 ("Effective Date"), by and between the Village of Oak Brook, 1200 Oak Brook
Road, Oak Brook Illinois 60523 ("Village") and the Oak Brook Park District, 1450 Forest Gate
Road, Oak Brook Illinois 60523 ("Park District"). The Village and the Park District are
sometimes referred to herein as a"Party"and collectively as"Parties."
RECITALS:
A. The Park District is a duly organized and existing Illinois park district created under the
provisions of the laws of the State of Illinois, and is now operating under the provisions
of the Park District Code of the State of Illinois, and all laws amendatory thereof and
supplementary thereto (the"Park Code")and applicable law.
B. The Village is a duly organized and existing Illinois municipality created under the
provisions of the law of the State of Illinois, and is now operating under the provisions of
the Municipal Code of the State of Illinois, and all laws amendatory thereof and
supplementary thereto (the"Municipal Code")and applicable law.
C. The Park District conducts organized recreational sporting activities on lighted ballfields
situated in Central Park in the Village of Oak Brook; and
D. Central Park is adjacent to Forest Gate Subdivision, a gated residential community
consisting of homes.
E. Forest Gate residents have in the past expressed concerns about the impact of light
emanating from the Park District's lighted ballfields.
F. On July 8, 2014, the Village adopted Ordinance 2014-ZO-V-EX-S-1403 ("Ordinance
1403") in response to the Park District's request to adjust days of usage of certain
ballfields at Central Park; Ordinance 1403 established limitations on the Park District's
operation of the ballfield lights in order to address concerns about the ballfield light
levels expressed by Forest Gate residents.
G. Since the adoption of Ordinance 1403, the Park District has endeavored to balance
compliance with the lighting restrictions with the responsible delivery of recreational
services on the lighted ballfields for the benefit of its residents and taxpayers.
H. In 2019,the Village, Park District and Forest Gate attempted to amend Ordinance 1403 to
address certain light measurement procedures, whereupon it was determined that
installation of LED lights on the ballfields provided the most effective means for
balancing the interests of Forest Gate and the Park District.
I. The purchase of LED lighting for the ballfields on Central Park is not identified on the
Park District's capital improvement plan for the next three years.
J. The Park District has determined that the purchase and installation of new LED lighting
for certain Central Park Ballfields on the Property described in Ordinance No. 1403
before commencement of the 2020 spring season (or as soon as the District deems
practicable thereafter)("Project") is in the best interests of the community.
K. The Park Board finds that it does not have sufficient funds on hand for the Project, and
the total costs of this borrowing including legal, financial and other expenses will be no
less than $500,000.
L. The Village has determined that it is in the best interests of the community to provide a
low interest loan to the Park District in the principal amount of$500,000 on the terms set
forth herein to enable the Park District to proceed with the Project.
M. Article VII, section 10 of the Illinois Constitution of 1970 provides that units of local
government"may contract or otherwise associate among themselves... to obtain or share
services and to exercise, combine, or transfer any power or function, in any manner not
prohibited by law or by ordinance.
N. Article VII, section 10, further provides that"[p]articipating units of government may use
their credit, revenues, and other resources to pay costs and to service debt related to
intergovernmental activities."
O. The Village and the Park District have determined that it is reasonable, necessary, and in
the public interest and welfare for the Village to loan the Park District the funds
necessary to construct the Project, and for the Parties to document the loan by this Loan
Agreement and the Promissory Note attached as Exhibit A hereto ("Note").
NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter
contained, and other valuable consideration, it is mutually agreed by and between the District
and the Village as follows
1. The Village agrees to loan the sum of$500,000 ("Note Proceeds") to the Park District
pursuant to the terms of the Note. The Note shall contain all the terms of this Agreement,
whether or not specifically stated in the Note. Upon receipt of the Note Proceeds and issuance of
the Note,the District shall make the payments of principal and interest to the Village as specified
in the Note. The Note shall be dated , 2020, shall be designated "2020
Promissory Note,"and shall be in substantially the form set forth in Exhibit A.
2. The Note shall bear interest at the rate of 2.00 % per annum ("Note Interest Rate").
Principal and accrued interest on the Note shall be payable in lawful money of the United States
of America at the Oak Brook Village Hall pursuant to the Amortization Schedule attached as
Exhibit A to the Note.
3. The Note shall be signed by the manual signatures of the President and Secretary of the
Park Board, and shall be countersigned by the manual signature of the Treasurer of the Park
District, and the seal of the Park District shall be affixed thereto or printed thereon, and in case
any officer whose signature shall appear on the Note shall cease to be such officer before the
2
delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes,the
same as if such officer had remained in office until delivery.
4. The Village shall be deemed and regarded as the absolute owner thereof for all purposes,
and payment of the principal and interest on the Note shall be made only to the Village. All such
payments shall be valid and effectual to satisfy and discharge the liability upon such Note to the
extent of the sum or sums so paid.
5. The Note shall be subject to redemption prior to maturity at the option of the District, as a
whole, or in part in integral multiples of$5,000 on or after December 31, 2020. Interest on the
remaining balance shall be recalculated at the Note interest rate, without further interest or
penalty.
6. The Note hereby authorized shall be executed as in this Agreement provided, and
thereupon deposited with the Treasurer of the Park Board, and be by said Treasurer delivered to
the purchaser thereof, namely, the Village of Oak Brook, Oak Brook, Illinois (the "Purchaser"),
upon receipt of the purchase price therefor, the same being $500,000. No person holding any
office of the District either by election or appointment, is in any manner interested, either
directly or indirectly, in his own name or in the name of any other person, association, trust or
corporation, in this Agreement or the Note.
7. The Note proceeds shall be deposited to the credit of a special fund of the District, to be
known as the"Park District Project Fund" (the"Project Fund").
8. The District shall disburse the funds on deposit in the Project Fund to pay (i) costs
associated with the Project (the "Disbursements"); (ii) costs of the Project previously incurred
and paid by the District; and (iii) related costs incurred in connection with the Project, including
costs of issuance of the Note.
9. The District hereby represents, warrants and agrees that the obligation to make the
payments due under this Agreement shall be a direct general obligation of the District payable
from the corporate funds of the District and such other sources of payment as are otherwise
lawfully available. The District represents and warrants that (i) its obligation to repay the
Principal and Interest of the Note, together with other general obligations of District, are within
applicable debt limitations and (ii) the execution and delivery of this Agreement and the Note
have been duly authorized by appropriate action of the Board. The District agrees that it will
appropriate funds of the District annually and in a timely manner so as to provide for the making
of all payments when due under the terms of the Note.
10. All Notices and demands required hereunder shall be in writing and shall be deemed to
have been given or made when delivered personally or when mailed by registered or certified
mail,postage prepaid, addressed as follows:
If to the District: Executive Director
Oak Brook Park District
1450 Forest Gate Road
Oak Brook Illinois 60523
3
If to Village, at Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
11. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the Park District, by its Board of Park Commissioners, has caused
this Agreement to be executed by the President of said Board of Park Commissioners and
attested by the Secretary of said Board of Park Commissioners, and the seal of the District to be
hereunto affixed, and the Village has caused this Agreement to be executed by its officers and
attested by one of its officers and its corporate seal to be hereunto affixed, all as of the day and
year first above written.
OAK BROOK PARK DISTRICT,
DuPagee�and Cook Counties, Illinois
C--- —
(SEAL) Byi-2 `5,
President, Board of Park Commissioners
Attest:
cre r of Park m ission s
VILLAGE OF AK BROOK
DuPage and ook Counties, Illin 's
By
President, Board of Trustees
Attest:
By
Village Clerk
b F 04
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C�CO U N T'l �`,•
EXHIBIT A
Promissory Note
4851-8417-5277,v.2
5
UNITED STATES OF AMERICA
STATE OF ILLINOIS
COUNTY OF DUPAGE
OAK BROOK PARK DISTRICT
2020 PROMISSORY NOTE
Dated Date:
Note Owner: VILLAGE OF OAK BROOK(THE"LENDER")
Total Principal Amount: FIVE HUNDRED THOUSAND DOLLARS($500,000)
Maturity Dates: December 31,2020,2021,2022,2023,2024
Interest Rate: 2.00%
KNOW ALL PERSONS BY THESE PRESENTS, that the Oak Brook Park District, DuPage and Cook Counties,
Illinois(the"District"),hereby acknowledges itself to owe and for value received promises to pay to the Note Owner
identified above,the Principal Amount identified above and to pay interest on such Principal Amount at the rate of
2.00%per annum(computed upon the basis of 30/360),payable on June 30 and December 31 of each year until the
Principal is fully paid at maturity on December 31,2024,according to the amortization schedule attached hereto as
Exhibit A.
This Note is subject to full or partial prepayment at the price of par plus interest accrued to the date of prepayment.
The principal of this Note is payable in lawful money of the United States of America at the office of the Note Owner.
It is hereby certified and recited that all conditions,acts and things required by the Constitution and Laws of the State
of Illinois to exist or to be done precedent to and in the issuance of this Note, including the authorizing act, have
existed and have been properly done,happened and been performed in regular and due form and time as required by
law;that the indebtedness of the District,represented by the Note,and including all other indebtedness of the District,
howsoever evidenced or incurred,does not exceed any constitutional or statutory or other lawful limitation; and the
District agrees and covenants to make provision for the payment of the interest hereon and also to pay and discharge
the principal hereof as the same falls due in the annual appropriation ordinances to be duly adopted by the Board of
Park Commissioners of the District,and published,all in the manner,form and time as provided by law.
This Note shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall
have been signed by the District. THE NOTE OWNER ACKNOWLEDGES THAT THERE IS NO STATUTORY
AUTHORITY FOR THE LEVY OF A SEPARATE TAX IN ADDITION TO OTHER TAXES OF THE DISTRICT
OR THE LEVY OF A SPECIAL TAX UNLIMITED AS TO RATE OR AMOUNT TO PAY ANY OF THE
AMOUNTS DUE HEREUNDER.
This Note is being issued by the District for the purpose of paying the costs to purchase, furnish, equip and install
LED ballfield lighting on certain ballfields located at Central Park,and of paying expenses incidental thereto,all as
described and defined in the Intergovernmental Loan Agreement and the District's ordinance authorizing the Note
(the "Ordinance"), pursuant to and in all respects in compliance with the applicable provisions of the Park District
Code,as amended,and as further supplemented by the Local Government Debt Reform Act,as amended(the"Act"),
and with the Ordinance, which has been duly adopted by the Board of Park Commissioners of the District, in all
respects as by law required. The Notes are secured by the general revenues of the District.
This Note may not be transferred or exchanged.The District shall deem and treat the Note Owner hereof as the absolute
owner hereof for the purpose of receiving payment of or on account of principal and interest due hereon and for all
other purposes,and the District shall not be affected by any notice to the contrary.
IN WITNESS WHEREOF,the Oak Brook Park District,DuPage and Cook Counties,Illinois,by its Board of Park
Commissioners,has caused this Note to be executed by the President,and the Secretary or Treasurer of its Board of
Park Commissioners and its corporate seal or a facsimile thereof to be impressed or reproduced hereon,all as appearing
hereon and as of the Dated Date identified above.
[signatures appear on next page]
Pres' t,B rd Pa ss ers
cre of Park Co issioners
Treasu o Park Commissioners
[SEAL]
PARK DISTRICT NOTE AUTHENTICATION
Date of Authentication:
CERTIFICATE OF AUTHENTICATION
This note is the Note of the Oak Brook Park District,DuPage and Cook Counties,Illinois,and described in the within-
mentioned Intergovernmental Loan Agreement and Ordinance.
reasurer,Board of Park Commissioners
as Note Registrar
2
4842-0211-9085,v. 3
EXHIBIT A
AMORTIZATION SCHEDULE
3
4842-0211-9085,v.3
EXHIBIT A
AMORTIZATION SCHEDULE
Oak Brook Park District
Amortization Schedule
$500,000 borrowing from the Village of Oak Brook
Note Amount $500,000.00
Annual Interest Rate 2.00%
Compounding Frequency Daily
Daily Interest 0.005555555556%
Loan Repayment Period(year: 5
Number of Payments Per k
Year 2
Annual Payment Amount ($106,079.20)
Beginning Number of Days Calendar Ending
Principal Since Last Interest Interest Principal Total Year Principal
Date Balance Payment Date Payment Payment Payment Payment Balance
12/31/2019 $ 500,000.00 N/A $ $ - $ - $500,000.00
6/30/2020 500,000.00 180 $ 5,000.00 $0.00 $ 5,000.00 500,000.00
12/31/2020 500,000.00 180 $ 5,000.00 $96,079.20 $101,079.20 $106,079.20 403,920.80
6/30/2021 403,920.80 180 $ 4,039.21 $0.00 $ 4,039.21 403,920.80
12/31/2021 403,920.80 180 $ 4,039.21 $98,000.78 $102,039.99 $106,079.20 305,920.02
6/30/2022 305,920.02 180 $ 3,059.20 $0.00 $ 3,059.20 305,920.02
12/31/2022 305,920.02 180 $ 3,059.20 $99,960.80 $103,020.00 $106,079.20 205,959.23
6/30/2023 205,959.23 180 $ 2,059.59 $0.00 $ 2,059.59 205,959.23
12/31/2023 205,959.23 180 $ 2,059.59 $101,960.01 $104,019.60 $106,079.20 103,999.21
6/30/2024 103,999.21 180 $ 1,039.99 $0.00 $ 1,039.99 103,999.21
12/31/2024 103,999.21 180 $ 1,039.99 $103,999.21 $105,039.20 $106,079.20 -
Totals: $30,395.99 $500,000.00 $530,395.99 $530,395.99
Exhibit C
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'),
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.
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,Owner executed this Unconditional Agreement and Consent on thisa 77 day of
,202-0.
Owner
a rod i�Tic
State of Illinois )
County of DuPage )
Bonnie Gibellina a Notary Public in and for the County and State aforesaid do
hereby certify that T,aure Kosev personally known to me,and that she appeared before me this
2 7 day of March 2020 and acknowledged that she personally executed this instrument.
(SEAL) Notary Put.)
u is
"OFFICIAL SEgL�
'� BONNIE J GIBELLINA
r�Ir�
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'),
requesting an amendment to the Variation to Sections 13-54 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-EXS-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.
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,Owner executed this Unconditional Agreement and Consent on thisa 7 day of
,20210.
Owney
a roo istric
State of Illinois )
County of DuPage )
I, Bonnie 1.Gibelllina a Notary Public in and for the County and State aforesaid do
hereby certify that I acre 1 Kos4 personally known to me,and that she appeared before me this
27 day of March 2020 and acknowledged that she personally executed this instrument.
�z0..,,: ,) ,
(SEAL) Notary Publi
FF=POONNI
Ainois20/2020
EXHIBIT C
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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 comer 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 comer 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 comer 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 comer 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
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-El-S-779 ("5-779"), 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("5-1296"),the President and Board of Trustees amended 5-
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
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 5-779,5-1084,5-
1296, and 5-1350 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
2
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 5-1361 is hereby amended in its entirety so
that Section 3 of 5-1361 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%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
3
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
Should be plateau of the bermed earthworks,in Forest Gate(the"Measurement Zone")
labeled and generally depicted for demonstrative guidance on the diagram attached
Exhibit C hereto.
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.
11. 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
4
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 3.8.(11)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 3.1.(1)shall terminate upon completion of the following:(i)
5
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
6
K. 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
L. 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
Should be in the Office of the DuPage County Recorder of Deeds, an unconditional
changed to agreement and consent,as attached to this Ordinance as Exhibit C,to accept
Exhibit D 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 Comply 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. 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 5. 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 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_day of ,2020.
Gopal G.Lalmalani Village President
7
Ayes:
Nays:
Absent:
ATTEST:
Village Clerk
8
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