R-1732 - 07/10/2018 - FINAL PLAT - Resolutions Supporting Documents
ITEM 8.A.1.
MCDONALD’S SPRING ROAD
RESUBDIVISION NO.4
NW CORNER COMMERCE AND MCDONALD’S DRIVE
Final Plat – 2-Lot
INDEX
PAGE CONTENTS
11-11.a Staff Memorandum – Village Board Agenda – July 10, 2018
10 Resolution R-1732 – McDonald’s Spring Road Resubdivision No. 4 – Final Plat
9 Plan Commission Recommendation Letter dated June 19, 2018
8-8.b Plan Commission Meeting Minutes dated June 18, 2018
7-7.b Staff Report from Development Services Director Budzikowski dated June 12, 2018
6 Engineering Review – Final Plat dated June 12, 2018
5 GIS Map View of the Property with Surrounding Parcels
4-4.a Resident Letter dated June 1, 2018
3 Board of Trustees Referral Meeting Minutes dated May 22, 2018 (not included)
2 Referral Memo Village Board Agenda dated May 22, 2018
1-1.a Subdivision Regulations – Plats Required Section 14-1-3 and 14-3-1 and Excerpt from the
Plan Commission Rules of Procedure – Plats of Subdivision
*******************
Application Materials
A Subdivision Application – Final Plat
B Letter from McDonald’s dated May 7, 2018 Summarizing Gibsons Sale/Purchase
C-C.1 Surrounding Property Owners List
D Certification of Surrounding Property Owners
E Subject Property Verification
F Current and Proposed Legal Description
G Fee/Receipt for Final Plat
H Final Plat of Subdivision dated June 5, 2018 REVISED June 28, 2018
I Stormwater and Access Easement Agreement
J Temporary Parking Agreement
REG BOT 071018 Agenda Item 8.A.1 - McDonald's Spring Road Resubdivision-FP
Page 1
ITEM 8.A.1
BOARD OF TRUSTEES MEETING
SAMUEL E. DEAN BOARD ROOM
BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
July 10, 2018
SUBJECT: McDonald’s Corporation – McDonald’s Spring Road Resubdivision No.
4 – Final Plat for a 2– Lot Subdivision – Southwest Corner of Commerce
Drive and McDonald’s Drive
FROM: Tony Budzikowski, AICP, Development Services Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move that the Village Board concur with the
recommendation from the Plan Commission (PC) to approve the proposed 2-lot
Final Plat for the McDonald’s Spring Road Resubdivision No. 4, subject to the
following conditions:
1.Recordation of finalized easement agreements for customer and guest
parking, loading ingress / egress and stormwater detention purposes;
2.Final engineering review and approval; and
3.Adoption of attached Resolution R-1732
Background/History:
McDonald’s Corporation, owner of the property located at the southwest corner of
Commerce Drive and McDonald’s Drive has submitted a petition requesting approval of a
final plat of subdivision for Lot 2 of the McDonald’s Spring Road Resubdivision No. 3,
which is a 4.4-acre property that is currently improved with a commercial parking lot and is
zoned ORA-2, Office Research and Assembly district.
This subdivision proposal includes a request to create two (2) lots consisting of one-acre and
3.4-acres respectively. McDonald’s Corporation intends to sell the newly created Lot 1 to the
owner of Gibsons Steakhouse to permit and allow customer parking. The two (2) lots
containing the Gibsons Steakhouse and McDonald’s restaurant are not included in this
request and will not be changed in either their size or configuration.
11.
REG BOT 071018 Agenda Item 8.A.1 - McDonald's Spring Road Resubdivision-FP
Page 2
In addition to the subdivision and sale of property, McDonald’s Corporation and Gibsons
Steakhouse also intend to grant easements between the lots for customer and guest parking,
loading ingress / egress and storm water management purposes. These easements will be
granted and recorded as part of separate easement agreements and this will ensure that
adequate parking, access and storm water management are maintained within the subdivision
amongst separate ownership groups.
At its meeting on June 18, 2018, the Plan Commission reviewed and deliberated on a petition
from the McDonald’s Corporation requesting approval of a final plat for the 2-lot
subdivision. The Plan Commission did receive the Village Engineer’s technical review of the
application and plat and approved the request with conditions. No members of the public
spoke for or against the requested subdivision plat. The Plan Commission did discuss and
deliberate on the Commercial Areas Revitalization Plan and the currently pending draft Plan
that is in the process of being updated and scheduled for a Committee of the Whole meeting
on August 14th.
The case file includes the Plan Commission Recommendation letter with further information
and details.
Recommendation:
By a vote of 4 to 1, the Plan Commission recommended approval of the final plat for the 2-
lot subdivision as presented and that recommendation also included conditions concerning
the following: 1) Recordation of easements for the property related to parking, loading and
stormwater detention; and 2) final engineering review and approval of the plat.
Please note that staff did include a prepared resolution in this agenda packet for review
and approval (if the Board deems appropriate). Staff has prepared this resolution in
advance in an effort to accommodate the petitioner due to the condensed Board meeting
schedule in July and August. In addition, the Plan Commission provided an affirmative
recommendation on this request so staff believed it was appropriate to provide the
resolution on this agenda rather than potentially wait until August 14th for approval and
adoption of the necessary resolution.
11.a
RESOLUTION 2018-SR-FP-EX- R-1732
A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION
FOR MCDONALD’S SPRING ROAD RESUBDIVISION NO. 4 IN
THE VILLAGE OF OAK BROOK, ILLINOIS
Southwest Corner Commerce Drive and McDonald’s Drive
PIN: 06-23-406-014
WHEREAS, McDonald’s Corporation ("Owner") is the owner of the approximately 4.40-acre
parcel located at the Southwest Corner of Commerce Drive and McDonald’s Drive (“Subject Property”);
and
WHEREAS, the Subject Property is legally described as follows:
LOT 2 IN THE FINAL PLAT OF SUBDIVISION OF MCDONALD’S SPRING ROAD RESUBDIVISION
NO. 3, BEING A RESUBDIVISION IN PART OF THE SOUTHEAST QUARTER OF SECTION 23,
TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED JULY 17, 2009 AS DOCUMENT NUMBER R2009-111381, IN THE
VILLAGE OF OAK BROOK, DUPAGE COUNTY, ILLINOIS. PIN:06-23-406-014.
WHEREAS, at its meeting on June 18, 2018, the Plan Commission completed its review and
deliberations on the Owner’s application for the final plat of subdivision for a two-lot resubdivision of the
Subject Property; and
WHEREAS, by a vote of 4 to 1, the Plan Commission recommended approval of the request for a
final plat of subdivision for the Subject Property; and
WHEREAS, the Village President and Board of Trustees have reviewed the recommendations of
the Plan Commission and deem the final plat of subdivision for the Subject Property, as set forth below, to
be in the best interests of the Village;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1. Recitals. The foregoing recitals are incorporated herein by reference as though
fully set forth herein.
Section 2. Approval of Final Plat of Subdivision.
A.Approval of Final Plat. Subject to and contingent upon the conditions set forth in Section 3 of
this Resolution, the final plat comprised of two lots prepared by Jade Surveyors, LLC, dated
June 28, 2018, as attached to this Resolution as Exhibit A ("Final Plat"), is hereby
approved.
B.Authorization and Execution. The Village President, Clerk, and other appropriate Village
officials are hereby authorized and directed to execute and seal, on behalf of the Village, the
Final Plat of Subdivision and the customary certifications indicating such approval.
C.Recordation. Upon the execution of the Final Plat of Subdivision by all required parties, the
Village Clerk is hereby directed to record the Final Plat of Subdivision with the Recorder of
Deeds of DuPage County, Illinois, and the Village Clerk will then be authorized and directed
to assess against and collect from the Owner any costs in connection with those actions and
this Resolution.
10.
Resolution 2018-SR-FP-EX-R-1732
McDonald’s Spring Road Resubdivision No. 4 – Final Plat
Commerce & McDonald’s Drive - PIN 06-23-406-014
Page 2 of 3
Section 3. Conditions. The approvals granted in Section 2 of this Resolution are hereby
expressly subject to and contingent upon each of the following conditions:
A.Recordation of finalized easement agreements for customer and guest parking, loading
ingress / egress and storm water detention purposes; and;
B.The final plat and final engineering plans be approved by the Village Engineer; and
C.The Owner and all subsequent owners of the Subject Property shall comply with all
applicable requirements of law, including without limitation, federal, state, and local laws,
ordinances, resolutions, and regulations, relating to the Subject Property.
Section 4. Severability. If any section, paragraph, clause or provision of this Resolution
shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Resolution.
Section 5. Effective Date. This Resolution shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
APPROVED THIS 10th day of July, 2018.
Gopal G. Lalmalani
Village President
PASSED THIS 10th day of July, 2018.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2018-SR-FP-EX-R-1732
McDonald’s Spring Road Resubdivision No. 4 – Final Plat
Commerce & McDonald’s Drive - PIN 06-23-406-014
Page 3 of 3
Exhibit A
Final Plat of Subdivision
L1 L2
L3L4L5L6
L7L8L9C1 C2C3L
1
0
L11L12L13L14L15L
1
6L17L18L19Course BearingDistanceL11
(48.90'L21
(21.84'L31
:12.01'L46
:22.27'L56
:51.16'L61
(60.16'L71
(42.72'L86
(21.75'L91
(12.01'Curve Radius Length Chord Chord Bear.C1 29.62' 14.00' 13.87'1
(C2 26.41' 18.90' 18.50'6
:C3 26.41' 26.75' 25.62'6
(Course BearingDistanceL10L11L12L13L14L15L16L17L18L191
(16.24'1
(68.41'1
(79.70'1
(27.58'6
(22.04'6
(23.23'6
:15.08'6
(54.24'1
:137.51'1
(30.29'
3
3.a
3.b
L1 L2
L3L4L5L6
L7L8L9C1 C2C3L
1
0
L11L12L13L14L15L
1
6L17L18L19Course BearingDistanceL11
(48.90'L21
(21.84'L31
:12.01'L46
:22.27'L56
:51.16'L61
(60.16'L71
(42.72'L86
(21.75'L91
(12.01'Curve Radius Length Chord Chord Bear.C1 29.62' 14.00' 13.87'1
(C2 26.41' 18.90' 18.50'6
:C3 26.41' 26.75' 25.62'6
(Course BearingDistanceL10L11L12L13L14L15L16L17L18L191
(16.24'1
(68.41'1
(79.70'1
(27.58'6
(22.04'6
(23.23'6
:15.08'6
(54.24'1
:137.51'1
(30.29'
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THIS DOCUMENT WAS
PREPARED BY AND AFTER
RECORDING, MAIL TO:
Michael D. Rothstein, Esq.
Dykema Gossett PLLC
10 South Wacker Drive, Suite 2300
Chicago, Illinois 60606
STORMWATER AND ACCESS EASEMENT AGREEMENT
THIS STORMWATER AND ACCESS EASEMENT AGREEMENT (the “Agreement”)
is made as of this _____ day of ___________, 2018 by and between MCDONALD’S
CORPORATION, a Delaware corporation (“McDonald’s”) and 2015 SPRING ROAD, LLC, an
Illinois limited liability company (“Gibsons”). McDonald’s and Gibsons are individually
referred to as a “Party” and collectively as the “Parties” as the context may require.
A. McDonald’s is the holder of legal title to a certain parcel of land in the Village of
Oak Brook (the “Village”), County of DuPage and State of Illinois that is legally described on
Exhibit A attached hereto and made a part hereof and commonly known as 1120 W. 22nd Ave.,
Oak Brook, Illinois (“McDonald’s Parcel”);
B. Gibsons is the holder of legal title to a certain parcel of land in the Village,
County of DuPage and State of Illinois, which lies north of and adjoins the McDonald’s Parcel
and is legally described on Exhibit B-1 attached hereto and made a part hereof, commonly
known as 2015 Spring Road, Oak Brook, Illinois (“Gibsons Parcel”) (the McDonald’s Parcel and
the Gibsons Parcel are hereinafter sometimes collectively referred to as the “Lots”).
C. The McDonald’s Parcel is improved with, among other improvements, a single-
story retail building, private drives and rights of way and multiple surface parking lots.
D. The Gibsons Parcel is improved with, among other things, a multi-story retail
building, an underground stormwater detention facility, access drives and a surface parking lot.
The improvements on the Gibsons Parcel are depicted on Exhibit B-2.
E. McDonald’s and Gibsons wish to grant to each other certain easements over their
respective lots for stormwater facility usage, stormwater discharge and access all as described
herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the following grants, agreements, covenants and restrictions are
made:
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Section 1.McDonald’s Grants of Easement.
1.1 Customer Access Easement. McDonald’s hereby grants and conveys to Gibsons a
perpetual, non-exclusive, easement appurtenant for customer, guest and invitee access purposes
over, across, and through the private drives as depicted on Exhibit C-1 attached hereto (the
“Access Drive Area”) from Spring Road to the curb cut which accesses the parking lot at the
southeast corner of the existing building on the Gibsons Parcel, as such curb cut exists today.
McDonald’s shall keep the Access Drive Area open and unobstructed at all times except at such
times as maintenance and repair is needed on the Access Drive Area; provided, however, that
McDonald’s shall have the right to relocate the Access Drive as set forth in Section 5.
1.2 Loading Ingress/Egress. McDonald’s hereby grants and conveys to Gibsons a
perpetual, non-exclusive, easement appurtenant over, across and through the Access Drive Area
for vendor and service provider truck and vehicular access from Spring Road to the loading areas
located on the Gibsons Parcel. Gibsons, its vendors and services providers shall conduct all
loading activities on the Gibsons Parcel. The grant of easement pursuant to this Section 1.2 is
for access only to the loading area. The beneficiaries of this grant of easement shall not obstruct
the Access Drive in any manner in connection with the loading or unloading activities.
McDonald’s shall have the right to relocate the Access Drive Area as set forth in Section 5.
1.3 McDonald’s Drive Access. McDonald’s hereby grants and conveys a non-
perpetual, non-exclusive, easement appurtenant over, across and through the private drives
depicted on Exhibit C-2 attached hereto (the “East/West Drive Area”) for the purpose of
customer, guest and invitee vehicular and pedestrian access to McDonald’s Drive. The grant of
easement pursuant to this Section 1.3 expressly excludes use of the East/West Drive by
commercial trucks, service vehicles and similar vehicles (provided such exclusion shall not serve
to alter or limit the easement rights for Loading/Ingress and Egress granted and described in
Section 1.2 above). McDonald’s shall keep the East/West Drive Area open and unobstructed at
all times except at such times as maintenance and repair is needed on the East/West Drive Area;
provided, however, that McDonald’s shall have the right to relocate the Access Drive Area as set
forth in Section 5. Upon McDonald’s sale of all or a portion of the McDonald’s Parcel or the
parcel immediately East of McDonald’s Drive, the easement granted pursuant to this Section 1.3
shall automatically terminate as of the date of such sale without further action by McDonald’s or
Gibsons. In the event of a sale and if requested by McDonald’s, Gibsons shall promptly execute
and deliver an instrument, in recordable form, which evidences the termination of such easement.
Notwithstanding anything contained herein to the contrary, following the termination of the
easement granted pursuant to this Section 1.3, the parties agree and acknowledge that Gibsons
shall not be in breach or default of this Agreement, provided it does not take any affirmative
action to encourage the improper or unauthorized use of the private drives, in the event or to the
extent that customers, guests, invitees or the general public use the East/West Drive Area for
access including but not limited to vehicular or pedestrian access.
1.4 Storm Water Discharge Pipe. McDonald’s hereby grants and conveys to Gibsons
a perpetual, non-exclusive, easement appurtenant over, across and under the area depicted on
Exhibit C-3 (the “Gibsons Pipe Easement Area”) for the purpose of operating the 12-inch storm
water discharge pipe which provides storm water drainage from the inlet on the surface parking
lot on the Gibsons Parcel to the underground storm water detention facility on the Gibsons
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Parcel. No portion of said pipe or any appurtenances thereto shall be located above ground
without the express written consent of McDonald’s.
1.5 Electric Utility Connection. The Parties acknowledge certain electric lines
serving the Gibsons Parcel are tied to the improvements on the McDonald’s Parcel. Gibsons
may at any time, but to be coordinated with McDonald’s, elect to relocate such electric service
connection so that it is wholly located on the Gibsons Parcel. If Gibsons make such an election
or if McDonald’s terminates the electric service connection rights pursuant to this Section 1.5,
Gibsons shall be solely responsible for all costs and expenses related to the relocation, removal
and reconnection of the electric service. The Parties acknowledge that McDonald’s has no
obligation to repair or maintain such electric service or any other obligations or responsibilities
with respect to such utilities. In the event McDonald’s sells the McDonald’s Parcel, McDonald’s
successor shall have no obligation to repair or maintain such electric service or any other
obligations or responsibilities with respect to such utilities other than giving Gibsons not less
than 60 days’ notice prior to terminating such electric service. Gibsons shall at all times
maintain the electric service connection and all appurtenance thereto in a safe, secure and
reasonable condition.
Section 2.Gibsons’ Grants of Easement Gibsons’ hereby grants and conveys to
McDonald’s a perpetual, non-exclusive, easement appurtenant (a) for the use of the existing
surface storm water detention basin located on the Gibsons Parcel in the area depicted on Exhibit
D-1 (the “Easterly Detention Area”) for the purpose of storm water drainage and discharge from
the McDonald’s Parcel (provided that, subject to Section 5 below, Gibsons shall have the right to
relocate or alter the Easterly Detention Area, including, without limitation, converting the current
basin to an underground storm detention facility) and (b) over, across and under the areas
depicted on Exhibit D-2 (the “McDonald’s Pipe Easement Areas”) for the purpose of
maintaining, repairing and replacing the 12-inch storm water discharge pipes which provide
storm water drainage and conveyance from the McDonald’s Parcel and connect to the currently
existing underground storm water detention facility on the Gibsons Parcel (the “Westerly
Detention Facility”). McDonald’s shall have the right to discharge storm water to the Easterly
Detention Facility and to the Westerly Detention Facility on the Gibsons Parcel in such volumes
and at such rates of discharge, as currently exist as to each of such detention facilities,
respectively. McDonald’s shall not undertake any modifications to the storm water drainage
system that would have the effect of materially increasing the volume of surface water
discharged or the rate of discharge of storm water from the McDonald’s Parcel to either the
Easterly Detention Facility and/or to the Westerly Detention Facility. Subject to McDonald’s
compliance with the foregoing limitation, Gibsons shall be responsible for ensuring that
sufficient capacity is reserved in the Easterly Detention Facility and the Westerly Detention for
the benefit of McDonald’s to accept the current volume and rate of discharge of storm water
from the McDonald’s Parcel. No portion of said pipes or any appurtenances thereto shall be
located above ground without the express consent of Gibsons, which shall be given or withheld
in Gibsons’ sole discretion.
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Section 3.Covenants Running with the Land. All provisions of this Agreement,
including the benefits and burdens set forth herein, shall run with the Lots, are intended to be
perpetual (with the exception of the easement granted pursuant to Section 1.3 and the rights
granted pursuant to Section 1.5) and are binding upon and shall inure to the benefit of the
successors and assigns of the parties hereto. Said grants of easement are made for the benefit of
parties referenced in such grants. Such grants of easement are not intended, nor shall they be
construed as, creating any rights in, or for the benefit of, the general public or any property other
than the Lots. Upon an alienation, sale or any other transfer of all or any portion of the Party’s
Lot (other than an assignment or transfer of rights pursuant to a mortgage or otherwise as
collateral for any indebtedness) and solely with respect to the portion of the Lot so transferred,
the transferor’s obligations shall apply to the transferee of such Lot (and is beneficiaries if such
transferee is a land trust) and the seller of transferor thereof (and its beneficiaries if such seller or
transferor is a land trust) shall thereafter be released from any and all obligations or liability
hereunder with respect to the portion of the Lot so transferred.
Section 4.Maintenance and Mechanics’ Liens.
4.1 Each Party shall be solely responsible for the repair, maintenance and replacement
of the improvements that are located on such Party’s Lot and that benefit the other Party except
as set forth in Section 1.5 (electric service connection). By way of example only and not in
limitation, (a) McDonald’s shall be responsible for the repair maintenance and replacement of
the drive aisles and those portions of the storm water discharge pipes located on the McDonald’s
Parcel and (b) Gibsons shall be responsible for the repair, maintenance and replacement of the
above-ground detention area, the underground detention system and the storm water discharge
pipes on the Gibsons Parcel.
4.2 Each Party covenants and agrees not to suffer or permit any mechanics' or
materialmen's liens or other liens arising from each Party’s performance of its responsibilities set
forth in Section 4.1 to be placed against, or encumber, the other Party’s Lot. In such an event,
such Party shall promptly and diligently cause the release of any such lien and fully indemnify,
defend and hold the other Party harmless from and against any such liens.
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Section 5.Relocation. Each Party shall be permitted to relocate and/or rearrange the
easements granted hereunder so long as the other Party’s use of such easements is not materially
adversely impacted by such relocation and/or rearrangement. In connection with any such
relocation and/or rearrangement, the Party undertaking the relocation and/or rearrangement work
shall utilize commercially reasonable efforts to perform such work with minimal disruption or
interference with the use and enjoyment of the benefits of the affected easement by the other
party and, in connection with any relocation and/or rearrangement of the customer access
easement and loading ingress/egress easements created by Sections 1.1 and 1.2 above, (i)
Gibsons shall at all times during the performance of the relocation and/or rearrangement work
continue to have access to the loading and parking areas on the Gibsons Parcel (through the curb
cuts adjacent to such easements as such curb cuts exist today) from Spring Road and (ii) any
relocation and/or rearrangement of such easements shall, upon completion, provide access to the
loading and parking areas on the Gibsons Parcel (through the curb cuts adjacent to such
easements as such curb cuts exist today) from Spring Road. In connection with any relocation
and/or rearrangement of the detention easements created by Section 2 above, (i) McDonald’s
shall at all times during the performance of the relocation and/or rearrangement work continue to
have access to and use of the Easterly Detention Area and the Westerly Detention Facility at the
current volume and rate of storm water discharge.
Section 6.Entire Agreement, Amendments, Waivers and Termination. This
Agreement contains the entire agreement and understanding of the Parties with respect to the
subject matters hereof. Except as specifically provided in Section 1.3 (termination of access to
McDonald’s Drive), termination of electric connection (Section 1.5) and Section 6 (relocation of the
drive aisles), this Agreement and the rights granted hereunder may be terminated, modified, or
amended only by a written document recorded in the Office of the Recorder of DuPage County,
Illinois, signed by McDonald’s and Gibsons.
Section 7.Further Assurances. The Parties agree to execute, acknowledge and
deliver all instruments and assurances and to take all such further action as shall be necessary or
desirable to fully carry out this Agreement and to fully consummate and effect the transactions
contemplated hereby; provided, however, that any further act, instrument or assurance does not
adversely affect the economic position, or create any potential liability on the part of the Party
requested to furnish such further act, installment or assurance. Each Party represents to the other
Party that it has secured all necessary consents and approvals for the execution and delivery of
this Agreement including, but not limited to, mortgages, joint ventures and others that may hold
a security interest in such Party’s Lot.
Section 8.Indemnification.
8.1 McDonald’s Indemnification. McDonald’s agrees to indemnify, pay, defend and
hold Gibsons, its employees, agents and affiliates (individually a “Gibsons Indemnitee,” and
collectively the “Gibsons Indemnitees”) harmless from and against, any and all third party
liabilities, obligations, losses, damages, penalties, actions, judgments, suits, claims, costs,
expenses and disbursements of any kind or nature whatsoever (and including without limitation,
the reasonable fees and disbursements of counsel for such Gibsons Indemnitees in connection
with any investigative, administrative or judicial proceeding commenced or threatened, whether
or not such Indemnitees shall be designated a party thereto) (collectively, “Losses”), that may be
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imposed on, suffered, incurred by or asserted against the Gibsons Indemnitees in any manner
relating or arising out of McDonald’s failure to perform its obligations as and when required
pursuant to this Agreement or McDonald’s use and enjoyment of the easement rights granted
pursuant to Section 2; provided, however, that McDonald’s shall have no indemnification
obligation for Losses directly or indirectly caused by one or more Gibsons Indemnitees.
8.2 Gibsons Indemnification. Gibsons agrees to indemnify, pay, defend and hold
McDonald’s, its employees, agents and affiliates (individually a “McDonald’s Indemnitee,” and
collectively the “McDonald’s Indemnitees”) harmless from and against, any and all third party
liabilities, obligations, losses, damages, penalties, actions, judgments, suits, claims, costs,
expenses and disbursements of any kind or nature whatsoever (and including without limitation,
the reasonable fees and disbursements of counsel for such McDonald’s Indemnitees in
connection with any investigative, administrative or judicial proceeding commenced or
threatened, whether or not such Indemnitees shall be designated a party thereto) (collectively,
“Losses”), that may be imposed on, suffered, incurred by or asserted against the McDonald’s
Indemnitees in any manner relating or arising out of Gibsons’ failure to perform its obligations
as and when required pursuant to this Agreement or Gibsons’ use and enjoyment of the easement
rights granted pursuant to Section 1; provided, however, that Gibsons shall have no
indemnification obligation for Losses directly or indirectly caused by one or more McDonald’s
Indemnitees.
Section 9.Miscellaneous.
9.1 Headings/Recitals. The headings and captions herein are inserted for convenient
reference only and the same shall not limit or construe the paragraphs or sections to which they
apply or otherwise affect the interpretation hereof. The Recitals set forth at the beginning of this
Agreement are incorporated into the Agreement.
9.2 Construction. The rule of strict construction does not apply to the grants herein.
The grants herein shall be given a reasonable construction to carry out the intention of the parties
hereto to confer a commercially usable right of enjoyment on each Party.
9.3 Governing Law. This Agreement shall be governed by and construed in
accordance with the internal laws, but not the conflict of laws provisions, of the State of Illinois.
If any clause, sentence or other portion of the terms, conditions, covenants and restrictions herein
becomes illegal, null or void, for any reason, or is held by any court of competent jurisdiction to be
so, the remaining portions of this easement shall remain in full force and effect. The easements,
covenants, conditions and restrictions contained in this Agreement shall be effective commencing
on the date of recordation of this Agreement in the office of the DuPage County Recorder and shall
remain in full force and effect thereafter in perpetuity, unless this Agreement is modified, amended,
canceled or terminated by evidenced by a written instrument that has been fully executed and
acknowledged by all record owners of the Gibsons Parcel and the McDonald’s Parcel and recorded
in the official records of the County Recorder of DuPage County, Illinois. If and to the extent that
any of the covenants would otherwise be unlawful or void by a court of competent jurisdiction for
violation of (a) the rule against perpetuities, (b) the rule restricting restraints on alienation, or (c) any
other applicable statute or common law rule analogous thereto or otherwise imposing limitations
upon the time for which this Agreement may be valid, then the provision concerned shall continue
4831-1546-9922.1
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and endure only until the expiration of a period of 21 years after the date of the last to survive of the
class of persons consisting of all of the lawful descendants of United States Senator Richard Durbin,
living at the date of this Agreement.
9.4 Notices. All notices required or permitted to be delivered hereunder shall be in
writing and shall be delivered in person or by overnight express carrier, by United States
registered or certified mail with return receipt requested or via email (so long as a copy of such
email notice is sent via one of the other methods permitted under this Paragraph). If delivered in
person, such notices shall be effective on the date of delivery; if sent by overnight express
carrier, such notices shall be effective on the next business day immediately following the day
sent and; if mailed, such notices shall be effective on the third (3rd) business day following
deposit in any U.S. Post Office or collection box with postage prepaid and; if sent by telecopy or
email, such notices shall be deemed effective on the day when sent. All notices shall be
addressed as follows:
To Seller: c/o McDonald’s USA, LLC
2915 Jorie Boulevard
Oak Brook, Illinois 60523
Attention: Bruce Neumann, U.S. Legal
Department #091
Email: bruce.neumann@us.mcd.com
and to:
McDonald's USA, LLC
2915 Jorie Boulevard
Oak Brook, Illinois 60523
Attention: Scott Phillips
Email: scott.phillips@us.mcd.com
With copy to: Dykema Gossett PLLC
10 S. Wacker Drive, Suite 2300
Chicago, Illinois 60606
Attn: Michael D. Rothstein, Esq.
Email: mrothstein@dykema.com
To Purchaser: c/o Gibsons Steakhouse – Oak Brook, LLC
1050 North State Street, Suite 4
Chicago, Illinois 60610
Attn: Mr. Steve Lombardo III
Email: steve3@grgmc.com
With copy to: Nixon Peabody LLP
70 W. Madison, Suite 3500
Chicago, Illinois 60602
Attn: Mr. Kristopher Stark
Email: kjstark@nixonpeabody.com
4831-1546-9922.1
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or at such other addresses as either Party hereto may designate by giving written notice thereof to
the other Party hereto in the aforesaid manner. Any notice hereunder shall be effective if sent by
either Party hereto or such Party’s legal representatives.
9.5 Remedies. The parties shall have all rights and remedies at law and in equity to
enforce the terms of this Agreement. In the event that a Party shall fail to perform an obligation
which such Party is required to perform under this Agreement, notwithstanding any other
provision of this Agreement to the contrary, an event of default shall not be deemed to have
occurred unless the alleged defaulting Party has failed to cure such default within thirty (30) days
of its receipt of a written notice from the non-defaulting Party; provided, however, with respect
to those alleged defaults which are not capable of being cured within such thirty (30) day period,
the alleged defaulting Party shall not be deemed to have committed an event of default under this
Agreement if it has commenced to cure the alleged default within such thirty (30) day period and
thereafter diligently and continuously prosecutes the cure of such default until the same has been
cured.
9.6 Estoppel. Each Party covenants that, within ten (10) days of the written request of
the other Party, it will issue to such other Party or to any prospective purchaser of such Party’s
Lot (or any portion thereof) an estoppel certificate stating: (i) whether the Party to whom the
request has been directed knows of any default under this Agreement and if there are known
defaults specifying the nature thereof, (ii) whether to its knowledge this Agreement has been
amended in any way (and if it has, then stating the nature thereof) and (iii) whether to the Party’s
knowledge this Agreement is in full force and effect as of the date of such certificate.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
GIBSONS
2105 SPRING ROAD, LLC, an
Illinois limited liability company
By: _________________________
Name: _______________________
Its: __________________________
MCDONALD’S
MCDONALD’S CORPORATION, a
Delaware corporation
By: _________________________
Name: _______________________
Its: __________________________
4831-1546-9922.1
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STATE OF ILLINOIS )
) SS
COUNTY OF _______ )
I, the undersigned, a notary public in and for said County in the State aforesaid, do
hereby certify that ___________________________, as ___________________ of 2015
SPRING ROAD, LLC, an Illinois limited liability company, personally known to me to be the
same person whose name is subscribed to the foregoing instrument, appeared before me this day
in person and acknowledged that he/she signed and delivered the said instrument as his own free
and voluntary act, for the uses and purposes therein set forth.
GIVEN under my hand and official seal this _____ day of _____________, 2018.
Notary Public
Commission expires:
4831-1546-9922.1
000001-000001
4848-4646-1282.4
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STATE OF ILLINOIS )
) SS
COUNTY OF _______ )
I, the undersigned, a notary public in and for said County in the State aforesaid, do
hereby certify that ___________________________, as ___________________ of
MCDONALD’S CORPORATION, a Delaware corporation, personally known to me to be the
same person whose name is subscribed to the foregoing instrument, appeared before me this day
in person and acknowledged that he/she signed and delivered the said instrument as his own free
and voluntary act, for the uses and purposes therein set forth.
GIVEN under my hand and official seal this _____ day of _____________, 2018.
Notary Public
Commission expires:
4831-1546-9922.1
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CONSENT AND SUBORDINATION
The undersigned mortgagee hereby consents to the foregoing Stormwater Access and
Easement Agreement and subjects and subordinates to the foregoing Stormwater Access and
Easement Agreement all of its rights, title and interests in that certain [MORTGAGE] dated
__________, 2018 by made by 2015 Spring Road, LLC, an Illinois limited liability company, for
the benefit of the undersigned and recorded on ______, 2018 in the office of the DuPage County
Recorder as Document Number _______.
IN WITNESS WHEREOF, the undersigned has executed this consent this __ day
of _______, 2018
______________________________
STATE OF ILLINOIS )
) SS
COUNTY OF _______ )
I, the undersigned, a notary public in and for said County in the State aforesaid, do
hereby certify that ___________________________, as ___________________ of
_________________, personally known to me to be the same person whose name is subscribed
to the foregoing instrument, appeared before me this day in person and acknowledged that he/she
signed and delivered the said instrument as his own free and voluntary act, for the uses and
purposes therein set forth.
GIVEN under my hand and official seal this _____ day of _____________, 2018.
Notary Public
Commission expires:
4831-1546-9922.1
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EXHIBIT A
MCDONALD’S PARCEL LEGAL DESCRIPTION
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EXHIBIT B-1
GIBSONS PARCEL LEGAL DESCRIPTION
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EXHIBIT B-2
DEPICTION OF GIBSONS IMPROVEMENTS
L3L4L5L6 L7L8L9C2C3P:(630) 438 6400 F:(630) 438 6444 www.bollingerlach.com
333 PIERCE ROAD SUITE 200 ITASCA, IL 60143
Design Firm License No. 184-001129
4831-1546-9922.1
000001-000001
4848-4646-1282.4
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EXHIBIT C-1
DEPICTION OF ACCESS DRIVE AREA
P:(630) 438 6400 F:(630) 438 6444 www.bollingerlach.com
333 PIERCE ROAD SUITE 200 ITASCA, IL 60143
Design Firm License No. 184-001129
4831-1546-9922.1
000001-000001
4848-4646-1282.4
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EXHIBIT C-2
DEPICTION OF EAST/WEST DRIVE AREA
P:(630) 438 6400 F:(630) 438 6444 www.bollingerlach.com
333 PIERCE ROAD SUITE 200 ITASCA, IL 60143
4831-1546-9922.1
000001-000001
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EXHIBIT C-3
DEPICTION OF GIBSONS PIPE EASEMENT AREA
P:(630) 438 6400 F:(630) 438 6444 www.bollingerlach.com
333 PIERCE ROAD SUITE 200 ITASCA, IL 60143
Design Firm License No. 184-001129
4831-1546-9922.1
000001-000001
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EXHIBIT D-1
DEPICTION OF SURFACE STORM WATER EASEMENT AREA
P:(630) 438 6400 F:(630) 438 6444 www.bollingerlach.com
333 PIERCE ROAD SUITE 200 ITASCA, IL 60143
Design Firm License No. 184-001129
4831-1546-9922.1
000001-000001
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104091\000337
EXHIBIT D-2
DEPICTION OF MCDONALD’S PIPE EASEMENT AREAS
L9P:(630) 438 6400 F:(630) 438 6444 www.bollingerlach.com
333 PIERCE ROAD SUITE 200 ITASCA, IL 60143
Design Firm License No. 184-001129
4838-1606-2303.3
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TEMPORARY PARKING AGREEMENT
THIS TEMPORARY PARKING AGREEMENT (the “Agreement”) is made as of this
_____ day of ___________, 2018 by and between MCDONALD’S CORPORATION, a
Delaware corporation (“McDonald’s”) and 2015 SPRING ROAD, LLC, an Illinois limited
liability company (“Gibsons”). McDonald’s and Gibsons are individually referred to as a
“Party” and collectively as the “Parties” as the context may require.
A. McDonald’s is the holder of legal title to a certain parcel of land in the Village of
Oak Brook (the “Village”), County of DuPage and State of Illinois that is legally described on
Exhibit A attached hereto and made a part hereof and commonly known as 1120 W. 22nd Ave.,
Oak Brook, Illinois (“McDonald’s Parcel”);
B. Gibsons is the holder of legal title to a certain parcel of land in the Village,
County of DuPage and State of Illinois, which lies north of and adjoins the McDonald’s Parcel
and is legally described on Exhibit B attached hereto and made a part hereof, commonly known
as 2015 Spring Road, Oak Brook, Illinois (“Gibsons Parcel”) (The McDonald’s Parcel and the
Gibsons Parcel are hereinafter sometimes collectively referred to as the “Lots”).
C. The McDonald’s Parcel is improved with, among other improvements, a single-
story retail building and multiple surface parking lots.
D. The Gibsons Parcel is improved with, among other things, a multi-story retail
building, an underground stormwater detention facility, access drives and a surface parking lot.
E. A portion of the Gibsons Parcel is subject to that certain Ground Lease dated as of
August 25, 2008 (as amended from time to time, the “Ground Lease”) which permits, among
other things, Gibsons Steakhouse – Oak Brook, LLC (“Tenant”) and its customers to use the
surface parking lot depicted on Exhibit C (the “Overflow Parking Area”) from time to time. A
Memorandum of Ground Lease was recorded in the Office of DuPage County Recorder as
Document No. R20009-191608.
F. Gibsons wishes to grant McDonald’s and its customers, employees, guests and
invitees a temporary easement to use the Overflow Parking Area for parking in accordance with
the terms hereof.
F. Further, McDonald’s wishes to grant Gibsons a temporary easement to use the
surface parking lot depicted on Exhibit D (the “McDonald’s Parking Area”) in accordance with
the terms hereof.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the following grants, agreements, covenants and restrictions are
made:
2
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Section 1.Gibsons Grant of Temporary Parking Easement. Gibsons hereby grants
and conveys to McDonald’s a non-exclusive, temporary easement appurtenant for its customers,
employees, guests and invitees to use the access drives shown on Exhibit C and park vehicles in
the Overflow Parking Area at all times in which the Tenant is not permitted to use the Overflow
Parking Area pursuant to the Ground Lease in effect as of the date hereof. Gibsons
acknowledges and agrees that for so long as the easement referenced in this Section 1 is in effect,
none of Gibsons, Tenant nor their customers, employees, guests or invitees shall have any right
to use the Overflow Parking Area except as specifically set forth in the Ground Lease in effect as
of the date hereof. The easements referenced in this Section 1 shall automatically terminate as of
the earlier of (i) the date McDonald’s no longer owns the McDonald’s Parcel and the property
immediately west of McDonald’s Drive or (ii) December 31, 2018.
Section 2.McDonald’s Grant of Temporary Parking Easement. McDonald’s hereby
grants and conveys to Gibsons a non-exclusive, temporary easement appurtenant for its
customers, employees, guests and invitees to park vehicles in the McDonald’s Parking Area
during the same times and upon the same terms and conditions as Tenant is permitted to use the
Overflow Parking Area pursuant to the Ground Lease in effect as of the date hereof.
Notwithstanding anything in the Ground Lease to the contrary, McDonald’s shall have the right
to terminate this easement by delivering a written notice of termination to Gibsons at least 60
days prior to such termination date; provided however, such easement shall not be terminated
prior to the date McDonald’s sells the McDonald’s Parking Area.
Section 3.Successors and Assigns. All provisions of this Agreement, including the
benefits and burdens set forth herein, are binding upon and shall inure to the benefit of the
successors and assigns of the parties hereto. Said grants of easement are made for the benefit of
parties referenced in such grants. Such grants of easement are not intended, nor shall they be
construed as, creating any rights in, or for the benefit of, the general public or any property other
than the Lots. Upon an alienation, sale or any other transfer of all or any portion of the Party’s
Lot (other than an assignment or transfer of rights pursuant to a mortgage or otherwise as
collateral for any indebtedness) and solely with respect to the portion of the Lot so transferred,
the transferor’s obligations shall apply to the transferee of such Lot (and is beneficiaries if such
transferee is a land trust) and the seller of transferor thereof (and its beneficiaries if such seller or
transferor is a land trust) shall thereafter be released from any and all obligations or liability
hereunder with respect to the portion of the Lot so transferred.
Section 4.Entire Agreement, Amendments, Waivers and Termination. This
Agreement contains the entire agreement and understanding of the Parties with respect to the
subject matter hereof except for express references to the Ground Lease regarding the terms and
conditions of use of the Overflow Parking Area and the McDonald’s Parking Area. Each Party
acknowledges that this Agreement and the rights granted hereunder are temporary and subject to
termination in accordance with the terms of this Agreement. This Agreement and the rights granted
hereunder may be modified or amended only by a written document recorded in the Office of the
Recorder of DuPage County, Illinois, signed by McDonald’s and Gibsons.
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Section 5.Further Assurances. The Parties agree to execute, acknowledge and
deliver all instruments and assurances and to take all such further action as shall be necessary or
desirable to fully carry out this Agreement and to fully consummate and effect the transactions
contemplated hereby; provided, however, that any further act, instrument or assurance does not
adversely affect the economic position, or create any potential liability on the part of the party
requested to furnish such further act, installment or assurance.
Section 6.Indemnification.
6.1 McDonald’s Indemnification. McDonald’s agrees to indemnify, pay, defend and
hold Gibsons, its employees, agents and affiliates (individually a “Gibsons Indemnitee,” and
collectively the “Gibsons Indemnitees”) harmless from and against, any and all third party
liabilities, obligations, losses, damages, penalties, actions, judgments, suits, claims, costs,
expenses and disbursements of any kind or nature whatsoever (and including without limitation,
the reasonable fees and disbursements of counsel for such Gibsons Indemnitees in connection
with any investigative, administrative or judicial proceeding commenced or threatened, whether
or not such Indemnitees shall be designated a party thereto) (collectively, “Losses”), that may be
imposed on, suffered, incurred by or asserted against the Gibsons Indemnitees in any manner
relating to McDonald’s use and enjoyment of the easement rights granted pursuant to Section 1;
provided, however, that McDonald’s shall have no indemnification obligation for Losses directly
or indirectly caused by one or more Gibsons Indemnitees or by Tenant or its employees, agents
or affiliates.
Section 7.Gibsons Indemnification. Gibsons agrees to indemnify, pay, defend and
hold McDonald’s, its employees, agents and affiliates (individually a “McDonald’s Indemnitee,”
and collectively the “McDonald’s Indemnitees”) harmless from and against, any and all third
party liabilities, obligations, losses, damages, penalties, actions, judgments, suits, claims, costs,
expenses and disbursements of any kind or nature whatsoever (and including without limitation,
the reasonable fees and disbursements of counsel for such McDonald’s Indemnitees in
connection with any investigative, administrative or judicial proceeding commenced or
threatened, whether or not such Indemnitees shall be designated a party thereto) (collectively,
“Losses”), that may be imposed on, suffered, incurred by or asserted against the McDonald’s
Indemnitees in any manner relating to Gibsons’ use and enjoyment of the easement rights
granted pursuant to Section 2; provided, however, that Gibsons shall have no indemnification
obligation for Losses directly or indirectly caused by one or more McDonald’s Indemnitees.
Section 8.Maintenance. Each Party shall be solely responsible for the repair and
maintenance of such Party’s Lot that benefit the other Party; provided, however, McDonald’s
shall maintain the Overflow Parking Area and access drives shown on Exhibit C in the same
manner it currently maintains the Overflow Parking Area and such access drives; provided,
further, upon not less than ten (10) days’ prior notice to Gibsons, Gibsons shall maintain the
Overflow Parking Area and access drives.
4
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Section 9.Miscellaneous.
9.1 Headings/Recitals. The headings and captions herein are inserted for convenient
reference only and the same shall not limit or construe the paragraphs or sections to which they
apply or otherwise affect the interpretation hereof. The Recitals set forth at the beginning of this
Agreement are incorporated into the Agreement.
9.2 Construction. The rule of strict construction does not apply to the grants herein.
The grants herein shall be given a reasonable construction to carry out the intention of the parties
hereto to confer a commercially usable right of enjoyment on each Party.
9.3 Governing Law. This Agreement shall be governed by and construed in
accordance with the internal laws, but not the conflict of laws provisions, of the State of Illinois.
If any clause, sentence or other portion of the terms, conditions, covenants and restrictions herein
becomes illegal, null or void, for any reason, or is held by any court of competent jurisdiction to be
so, the remaining portions of this easement shall remain in full force and effect.
9.4 Notices. All notices required or permitted to be delivered hereunder shall be in
writing and shall be delivered in person or by overnight express carrier, by United States
registered or certified mail with return receipt requested or via email (so long as a copy of such
email notice is sent via one of the other methods permitted under this Paragraph). If delivered in
person, such notices shall be effective on the date of delivery; if sent by overnight express
carrier, such notices shall be effective on the next business day immediately following the day
sent and; if mailed, such notices shall be effective on the third (3rd) business day following
deposit in any U.S. Post Office or collection box with postage prepaid and; if sent by telecopy or
email, such notices shall be deemed effective on the day when sent. All notices shall be
addressed as follows:
5
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To Seller: c/o McDonald’s USA, LLC
2915 Jorie Boulevard
Oak Brook, Illinois 60523
Attention: Bruce Neumann, U.S. Legal
Department #091
Email: bruce.neumann@us.mcd.com
and to:
McDonald's USA, LLC
2915 Jorie Boulevard
Oak Brook, Illinois 60523
Attention: Scott Phillips
Email: scott.phillips@us.mcd.com
With copy to: Dykema Gossett PLLC
10 S. Wacker Drive, Suite 2300
Chicago, Illinois 60606
Attn: Michael D. Rothstein, Esq.
Email: mrothstein@dykema.com
To Purchaser: c/o Gibsons Steakhouse – Oak Brook, LLC
1050 North State Street, Suite 4
Chicago, Illinois 60610
Attn: Mr. Steve Lombardo III
Email: steve3@grgmc.com
With copy to: Nixon Peabody LLP
70 W. Madison, Suite 3500
Chicago, Illinois 60602
Attn: Mr. Kristopher Stark
Email: kjstark@nixonpeabody.com
or at such other addresses as either Party hereto may designate by giving written notice thereof to
the other Party hereto in the aforesaid manner. Any notice hereunder shall be effective if sent by
either Party hereto or such Party’s legal representatives.
9.5 Remedies. The parties shall have all rights and remedies at law and in equity to
enforce the terms of this Agreement. In the event that a Party shall fail to perform an obligation
which such Party is required to perform under this Agreement, notwithstanding any other
provision of this Agreement to the contrary, an event of default shall not be deemed to have
occurred unless the alleged defaulting Party has failed to cure such default within thirty (30) days
of its receipt of a written notice from the non-defaulting Party; provided, however, with respect
to those alleged defaults which are not capable of being cured within such thirty (30) day period,
the alleged defaulting Party shall not be deemed to have committed an event of default under this
Agreement if it has commenced to cure the alleged default within such thirty (30) day period and
6
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thereafter diligently and continuously prosecutes the cure of such default until the same has been
cured.
9.6 Estoppel. Each Party covenants that, within ten (10) days of the written request of
the other Party, it will issue to such other Party or to any prospective purchaser of such Party’s
Lot (or any portion thereof) an estoppel certificate stating: (i) whether the Party to whom the
request has been directed knows of any default under this Agreement and if there are known
defaults specifying the nature thereof, (ii) whether to its knowledge this Agreement has been
amended in any way (and if it has, then stating the nature thereof) and (iii) whether to the Party’s
knowledge this Agreement is in full force and effect as of the date of such certificate.
[SIGNATURE PAGE FOLLOWS]
4838-1606-2303.3
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
GIBSONS
2105 SPRING ROAD, LLC, an
Illinois limited liability company
By: _________________________
Name: _______________________
Its: __________________________
MCDONALD’S
MCDONALD’S CORPORATION, a
Delaware corporation
By: _________________________
Name: _______________________
Its: __________________________
4838-1606-2303.3
104091\000337
STATE OF ILLINOIS )
) SS
COUNTY OF _______ )
I, the undersigned, a notary public in and for said County in the State aforesaid, do
hereby certify that ___________________________, as ___________________ of 2015
SPRING ROAD, LLC, an Illinois limited liability company, personally known to me to be the
same person whose name is subscribed to the foregoing instrument, appeared before me this day
in person and acknowledged that he/she signed and delivered the said instrument as his own free
and voluntary act, for the uses and purposes therein set forth.
GIVEN under my hand and official seal this _____ day of _____________, 2018.
Notary Public
Commission expires:
4838-1606-2303.3
104091\000337
STATE OF ILLINOIS )
) SS
COUNTY OF _______ )
I, the undersigned, a notary public in and for said County in the State aforesaid, do
hereby certify that ___________________________, as ___________________ of
MCDONALD’S CORPORATION, a Delaware corporation, personally known to me to be the
same person whose name is subscribed to the foregoing instrument, appeared before me this day
in person and acknowledged that he/she signed and delivered the said instrument as his own free
and voluntary act, for the uses and purposes therein set forth.
GIVEN under my hand and official seal this _____ day of _____________, 2018.
Notary Public
Commission expires:
4838-1606-2303.3
104091\000337
CONSENT AND SUBORDINATION
The undersigned mortgagee hereby consents to the foregoing Temporary Parking
Agreement and subjects and subordinates to the foregoing Temporary Parking Agreement all of
its rights, title and interests in that certain [MORTGAGE] dated __________, 2018 by made by
2015 Spring Road, LLC, an Illinois limited liability company, for the benefit of the undersigned
and recorded on ______, 2018 in the office of the DuPage County Recorder as Document
Number _______.
IN WITNESS WHEREOF, the undersigned has executed this consent this __ day
of _______, 2018
______________________________
STATE OF ILLINOIS )
) SS
COUNTY OF _______ )
I, the undersigned, a notary public in and for said County in the State aforesaid, do
hereby certify that ___________________________, as ___________________ of
_________________, personally known to me to be the same person whose name is subscribed
to the foregoing instrument, appeared before me this day in person and acknowledged that he/she
signed and delivered the said instrument as his own free and voluntary act, for the uses and
purposes therein set forth.
GIVEN under my hand and official seal this _____ day of _____________, 2018.
Notary Public
Commission expires:
4838-1606-2303.3
104091\000337
EXHIBIT A
MCDONALD’S PARCEL LEGAL DESCRIPTION
4838-1606-2303.3
104091\000337
EXHIBIT B
GIBSONS PARCEL LEGAL DESCRIPTION
4838-1606-2303.3
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EXHIBIT C
DEPICTION OF OVERFLOW PARKING AREA AND ACCESS DRIVES
P:(630) 438 6400 F:(630) 438 6444 www.bollingerlach.com
333 PIERCE ROAD SUITE 200 ITASCA, IL 60143
Design Firm License No. 184-001129
4838-1606-2303.3
104091\000337
EXHIBIT D
MCDONALD’S PARKING AREA
L1 L2
L3L9C1
P:(630) 438 6400 F:(630) 438 6444 www.bollingerlach.com
333 PIERCE ROAD SUITE 200 ITASCA, IL 60143
Design Firm License No. 184-001129