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HomeMy WebLinkAboutRESOLUTION - 66-20 - 8/11/2020 - Annexation Agreement McDonald's Corporation-1910-1912 E. Higgins RdRESOLUTION NO.66-20 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A PRE -ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE DESIGNATED OWNERS OF PROPERTY TO BE ANNEXED TO THE VILLAGE (MCDONALD'S CORPORATION,1910-1912 E. HIGGINS ROAD) WHEREAS, on August 11, 2020, a public hearing was held pursuant to Section 65 ILCS 5111-15.1, et seq. of the Illinois Municipal Code to consider the approval of a Pre -Annexation Agreement between the Village of Elk Grove Village and the designated owners of property to be annexed to the Village; and WHEREAS, as a result of the testimony and evidence presented at said public hearing, the Mayor and Board of Trustees of the Village of Elk Grove Village find and believe it to be in the best interest of the Village that the Pre -Annexation Agreement between the Village and Designated Owners be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign a Pre -Annexation Agreement between the Village of Elk Grove Village and the designated owners which is attached hereto and made a part hereof and the Village Clerk is authorized to attest said document upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this I1th day of August 2020. APPROVED this 1Ith day of August 2020. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk THIS DOCUMENT PREPARED BY AND AFTER RECORDING RETURN TO: PRE -ANNEXATION AGREEMENT THIS PRE -ANNEXATION AGREEMENT (this "Agreement") is made and entered into as of this day of , 2020, by and between the VILLAGE OF ELK GROVE, an Illinois home rule municipal corporation located in the Counties of Cook and DuPage, Illinois (the "Village") and MCDONALD'S CORPORATION, a Delaware corporation and MCDONALD'S USA, LLC, a Delaware limited liability company ( collectively "Owner") (the Village and Owner are sometimes hereinafter collectively referred to as "Parties" and individually referred to as a "Party"). RECITALS A. Owner is the owner of record of approximately 1.80 acres of real property commonly known as 1912 E. Higgins Road, in Cook County, Illinois and legally described on Exhibit A attached hereto (the "Property"). The Property is currently unincorporated but contiguous to the Village's corporate boundaries. B. The Property is currently operated as a McDonald's restaurant facility with associated drive -through facilities and signage. The existing improvements are referred to herein collectively as the "Existing Improvements". C. The Property along with the applicable portions of adjacent rights -of -way (to the extent, if at all, not already located within the corporate limits of the Village or of another municipality) is intended to be annexed to the Village pursuant to the provisions of Section 7-1-1 et sea. of the Illinois Municipal Code, 65 ILCS 5/7-1-1 et sea., and Owner desires to annex the Property to the Village pursuant to Section 7-1-8 of the Illinois Municipal Code, 65 ILCS 5/7-1- 8. D. Owner intends to continue the existing use on the Property. E. The Parties acknowledge that annexation of the Property to the Village will be compatible with and will further the planning objectives of the Village as a whole, will be of substantial benefit to the Village, will extend the corporate limits and jurisdiction of the Village, EAST�44393645.9 will permit orderly growth, planning and development of the Village, will increase the tax base of the Village, and will promote and enhance the general welfare of the Village and its residents. F. The Village has agreed to have the Property annexed to the Village, to zone the Property as herein described in order to facilitate Owner's (i) continued operation and maintenance, as necessary, of the Existing Improvements on the Property. G. Owner has filed with the Village Clerk a proper annexation petition pursuant to Section 7-1-8 of the Illinois Municipal Code, 65 ILCS 5/7-1-8, signed by the owner of record of the Property. No electors reside on the Property. H. Pursuant to the applicable provisions of the Illinois Municipal Code and in accordance with the Village's home rule powers, a proposed agreement similar in substance and in form to this Agreement was submitted to the Mayor and Board of Trustees of the Village (hereinafter collectively referred to as the "Village Corporate Authorities") and a public hearing by the Village Corporate Authorities was held on , 2020, pursuant to notice, as provided by statute. I. Pursuant to notice, as required by statute and ordinance, a public hearing was held by the Village's Plan Commission on the requested annexation and rezoning, of the Property on , 2020 and the recommendations and findings of fact made by said body relative to such requests, have been forwarded to the Village Corporate Authorities. J. All other notices required by law to be given have been given. K. The Village Corporate Authorities have duly considered all necessary petitions to enter into this Agreement, have considered the recommendations of the Village Plan Commission in connection with the proposed zoning of the Property and have further duly considered the terms and provisions of this Agreement and, by a resolution or ordinance duly adopted by a vote of at least two-thirds (2/3) of the Village Corporate Authorities then holding office, have authorized the execution of this document. L. The Parties desire to set forth herein their agreements and understandings with respect to the coordinated use of the Property. M. The Parties desire to enter into this Agreement pursuant to (i) Section 11-15.1-1 et seq. of the Illinois Municipal Code, 65 ILCS 5/11-15.1-1 et seq. N. Each Party has materially altered its respective position in reliance upon the execution of this Agreement and the performance of its terms and provisions by the other Party. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and agreements herein made, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: ARTICLE I INCORPORATION OF RECITALS -2- The Parties acknowledge that the statements and representations contained in the foregoing recitals are true and accurate and incorporate such recitals into this Agreement as if fully set forth in this Article 1. ARTICLE II ANNEXATION OF THE PROPERTY The Parties respectively agree to do all things necessary or appropriate to cause the Property to be duly and validly annexed to the Village within thirty (30) days after the execution of this Agreement, unless otherwise extended by mutual agreement of the Parties, subject to the terms and conditions set forth in this Agreement. Should any person having proper standing to do so bring a cause of action before any court of competent jurisdiction challenging the Village's lawful authority to annex the Property or challenge the method or procedures by or through which the Parties purported to cause the property to be annexed to the Village, the Parties agree that they shall fully cooperate to defend such cause of action. Should a court of competent jurisdiction finally determine that annexation of the Subject Property was defective because of the failure of the Parties to follow a procedural requirement constituting a valid precondition to proper annexation of the Subject Property, the Parties agree to promptly cause the Subject Property to be re -annexed to the Village in a manner which satisfies all procedural requirements. Should a court of competent jurisdiction finally determine that annexation of the Subject Property by the Village was without lawful authority (i.e., lack of contiguity), the Parties agree that this Agreement shall thereafter be deemed a Pre -Annexation Agreement authorized pursuant to 65 ILCS 5111-15.1-1, et seq., and shall remain in full force and effect to the extent permitted by law. Thereafter, should the Subject Property become contiguous to the Village, if that was the case, the Parties agree to promptly take all necessary steps as may then be provided by law to perfect the annexation of the Subject Property to the Village. ARTICLE III REZONING AND NON -CONFORMING STANDARDS OF THE PROPERTY Either to be included in the ordinance annexing the Property or in an ordinance immediately following the passage of the annexing ordinance, the Village Corporate Authorities shall rezone the Property to the B-3 Automotive Business Zoning District. Upon annexation, to the extent that the existing structure, businesses and uses depicted on the Site Survey do not specifically or fully comply with all applicable Village Zoning Ordinance regulations or any other Village Code provision at the time of annexation, the existing structures and uses, including but not limited to the Current Use, parking requirements, floor area ratios, heights, setbacks and signage shall be deemed lawful existing non -conforming uses and structures. The Owner shall have the right and authority to continue to occupy, operate, maintain and repair the existing structure located upon the Subject Property for the purposes of the Current Use currently engaged in by the Owner, and for such additional uses permitted pursuant to the applicable Zoning Ordinance and pursuant to the provisions of the Village Code. No alterations to, improvements or retrofitting of any kind -3- shall be required to any improvement on the Subject Property, including the addition of fire suppression sprinklers to the building, pursuant to the Village Zoning Ordinance and/or other provisions of the Village Code as a result of this annexation. Classification as a legal non- conforming structure and use shall continue in effect upon expiration of this Agreement. Upon annexation, no other consents, permits, authorizations, or approvals of any kind or natures, except as same relate to life safety issues or routine business licensing shall be required from the Village in order to permit Owner to continue to operate and maintain the Existing Improvements on the Property (other than activities for which a building permit may be required in the ordinary course of business, which the Village shall not unreasonably withhold or delay). The current Existing Improvements shall be permitted into the future, without restriction, excepting, however, that in the event of any casualty or loss to the structure in excess of fifty (50) percent of its replacement value, or the enlargement or replacement in excess of fifty (50%) of the existing value of the structure, the Village shall require conformance with any building codes, regulations, or any other ordinances then in effect In addition, Owner shall not be required to upgrade or install any improvements except to the extent necessary to connect to the municipal services contemplated herein, including fire alarm and direct connect requirements of the Fire Department. At no time and under no circumstances shall the Village adopt an ordinance or resolution establishing a moratorium which would have any adverse impact on the Current Use of the Property or any portion thereof. Any moratorium which precludes, delays, restricts, limits, or prevents entirely or in part and in any manner whatsoever, the issuance of a permit for the continued operation and maintenance of the Existing Improvements would be deemed to have an adverse impact. ARTICLE IV POTABLE WATER SERVICE a. The Property is not currently served by any municipal water system. In order to connect the Property to the Village's municipal water system and to accommodate the potable water and fire protection needs of the Property as set forth below, the Village, at its sole cost and expense, shall construct an 8" water service line under Higgins Road (IL Rte 72) to connect to the Village's water main on the west side of Higgins Road (IL Rte 72) to the Owner's property line as part of the Higgins Road (IL Rte 72) Water Main Extension Project and at a mutually agreeable location to the parties. At the time the Property Owner connects to the service line the entire service line back to the Village's Water Main becomes the responsibility of said Owner. The Owner agrees to connect to the service line at such time as Owner determines is appropriate following the completion of the Water Main Extension Project. b. The Village represents and warrants to Owner that once the Higgins Road (IL Rte 72) Water Main Extension Project is completed, (i) potable water shall be delivered to the Property at all times and such water shall be treated and filtered water complying with applicable Safe Drinking Water Act requirements; and (ii) the supply of potable water to the Property shall, at all times, have sufficient pressure and capacity to accommodate the connection to the -4- anticipated potable water and fire protection needs of the Subject Property. The Village's obligations under this section are subject to delay as a result of circumstances which are beyond the reasonable control of the Village (which circumstances may include water service problems, acts of God, war, acts of civil disobedience, strikes or similar acts). C. The Village shall cooperate with Owner and execute all applications, permit requests and other documents which are or may be required, in connection with the provision of potable water service and fire protection for the benefit of the Property which shall be provided by the Village. d. The Village agrees to waive any and all water connection fees, tap -on fees, and associated permit review/inspection fees. However, Owner shall be responsible for water usage and/or recurring user fees and charges that are in effect and applicable to other users of the Village's municipal water system and which are due to the Village in connection with Owner's consumption of water. ARTICLE V FEES, CONTRIBUTIONS, DONATIONS, AND RECAPTURES a. The Village hereby agrees to waive the Owner's annexation, rezoning, application, and any review fees associated with the aforementioned application. b. The Village hereby represents and warrants to Owner that (i) no cash or land contributions or impact fees shall be imposed upon Owner or upon the use of the Property during the Term of this Agreement; (ii) no donations or other charges or fees of any type or description shall be imposed upon Owner or upon the use of the Property during the Term of this Agreement, except as specifically provided in this Agreement or mandated by state or federal law; and (iii) the Property is not subject to any recapture agreements or ordinances. Subsequent to the annexation, Owner shall thereafter pay to the Village all generally applicable permit fees, plan review fees, inspection fees and similar fees at the times set forth in applicable Village ordinances in effect as of the date hereof. ARTICLE VI CODES & ORDINANCES a. To the extent of any conflict, ambiguity or inconsistency between, on the one hand, the terms, provisions or standards contained in this Agreement, and on the other hand, the terms, provisions or standards, either presently existing or hereafter adopted or amended, of the Village's Zoning Ordinance, the Village's Subdivision Ordinance or any other Village Code, ordinance or regulation; the terms, provisions and standards of this Agreement shall in all cases govern and control. Notwithstanding the foregoing, if any Village code, ordinance or regulation of general applicability is hereafter adopted or amended so as to be less restrictive upon Owner with respect to the use of the Property than is currently the case, then, at the option of Owner, such less restrictive regulation or amendment shall control and become applicable to the use of the Property as set forth herein without the requirement of an amendment to this Agreement. -5- ARTICLE VII MUTUAL ASSISTANCE AND COOPERATION The Parties shall do all things reasonably necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out the terms and objectives of this Agreement and the intentions of the Parties as reflected by said terms, including, without limitation, the giving of such notices, the holding of such public hearings, the enactment by the Village of such resolutions and ordinances and the taking of such other actions as may be necessary to enable the Parties' compliance with the terms and provisions of this Agreement and as may be necessary to give effect to the terms and objectives of this Agreement and the intentions of the Parties as reflected by said terms. Further, the Village agrees to fully cooperate with Owner if Owner must obtain approvals or permits that are legally required to (i) accomplish the annexation of the Property or (ii) facilitate the operation or maintenance for the Existing Improvements from any governmental or quasi -governmental entity including the Village, including approvals or permits from Cook County, the State of Illinois and the U.S. Government, and upon Owner's request, the Village shall promptly execute upon review and subsequent concurrence with any applications or other documents which the Owner intends to file with such other governmental or quasi -governmental entities. Further, the Village agrees that it shall not interfere with the lawful management, operation, maintenance, or repair to the Existing Improvements pursuant to this Agreement. No Party shall challenge the validity of this Agreement or the ordinances adopted pursuant hereto. ARTICLE VIII DEFECTS IN ANNEXATION OR ZONING: DISCONNECTION If the annexation and zoning of the Property as provided for herein is in any way deemed to be defective, the Parties agree that they shall do all things legally necessary and appropriate to cure any and all defects to cause the Property to be validly annexed to the Village and zoned to permit the Property to be operated, and maintained as contemplated herein. Owner shall be entitled to and the Village shall take all actions necessary to facilitate the disconnection of the Property from the Village if (i) the Village takes any action which would change the zoning of the Property from the B-3 Automotive Business District for the Existing Improvements; (ii) the Village takes any action which would cause the Existing Improvements (or any portion thereof) to become unpermitted or disallowed non -conforming uses and/or non -conforming structures; (iii) there is a material breach of this Agreement by the Village; or (iv) if Owner for any reason is unable to connect the Property to the Village's municipal water system ARTICLE IX REMEDIES a. Upon a breach of this Agreement, any of the Parties, in any court of competent jurisdiction, by an action or proceeding at law or in equity, may secure the specific performance of the covenants and agreements herein contained, may be awarded damages for failure of performance, or both. No action taken by any Party pursuant to the provisions of this Section 11 or pursuant to the provisions of any other Article of this Agreement shall be deemed to constitute gem an election of remedies and all remedies set forth in this Agreement shall be cumulative and non- exclusive of any other remedy either set forth herein or available to any Party at law or in equity. b. In the event of a breach of this Agreement, the Party alleged to be in breach shall have thirty (30) days after written notice of said breach to correct the same prior to the non - breaching Party's seeking of any remedy provided for herein (provided, however, if the defaulting party has initiated the cure of said default and is diligently proceeding to cure the same, said thirty (30)-day period shall automatically be extended for an additional thirty (30) day period). In the event the Village is in default of its obligations under Article III, Owner may immediately seek available remedies in connection with the issuance of building permits and certificates of occupancy. C. If any of the Parties shall fail to perform any of its obligations hereunder, and the Party affected by such default shall have given written notice of such default to the defaulting Party, and, such defaulting Party shall have failed to cure such default within thirty (30) days of such default notice (provided, however, that said thirty (30)-day period shall be extended in accordance with Article IX, Section b above if the defaulting Party has initiated the cure of said default above and is diligently proceeding to cure the same, except that such period shall not apply to the time frames with respect to the issuance of building permits and certificates of occupancy as set forth above), then, in addition to any and all other remedies that may be available, either at law or in equity, the Party affected by such default shall have the right (but not the obligation) to take such action as in its reasonable discretion and judgment shall be necessary to cure such default. In such event, the defaulting Party hereby agrees to pay and reimburse the Party affected by such default for all reasonable costs and expenses (including attorneys' fees and litigation expenses) incurred by it in connection with any action taken to cure such default. d. The failure of the Parties to insist upon the strict and prompt performance of the terms, covenants, agreements and conditions herein contained, or any of them, upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. e. If the performance of any covenant to be performed hereunder by any Party is delayed as a result of circumstances which are beyond the reasonable control of such Party (which circumstances may include acts of God, war, acts of civil disobedience, strikes or similar acts) the time for such performance shall be extended by the amount of time of such delay. The Party claiming delay of performance as a result of any of the foregoing "force majeure" events shall deliver written notice of the commencement of any such delay resulting from such force majeure along with an estimate of the duration of such delay event not later than twenty-one (21) days after the claiming Party becomes aware of the same. f. In the event legal action or other proceeding is brought for enforcement of this Agreement or with respect to an alleged breach, default or misrepresentation, the successful or prevailing Party shall be entitled to recover from the non -prevailing Party its reasonable attorneys' fees and related costs (including any fees and costs incident to appeals) in addition to any other relief hereunder to which such Party may be entitled. -7- g. This Agreement shall be enforceable in any court of competent jurisdiction by either of the Village or Owner, or by any successor or successors in title or interest or by the assigns of the Parties. The parties agree that any such action must be brought in the Circuit Court of Cook County, Illinois, and that Illinois law will apply thereto. 12. Term. This Agreement shall be binding upon the Parties and their respective successors and assigns for twenty (20) years, commencing as of the date hereof, and for such longer term as hereafter may be authorized by state statute (the "Term"). If any of the terms of this Agreement or the annexation or zoning of the Property is challenged in any court proceeding, then, to the extent permitted by law, the period of time during which such litigation is pending shall not be included in calculating said twenty (20)-year period. The expiration of the Term of this Agreement shall not affect the continuing validity of the zoning of the Property, any ordinance enacted by the Village pursuant to this Agreement or any agreement separately entered into by the Parties pursuant to this Agreement. 13. Miscellaneous. a. Amendments. This Agreement may be amended only by the mutual consent of the Parties, by adoption of an ordinance by the Village approving said amendment as provided by law, and by the execution of said amendment by the Parties or their successors in interest. Further, the Approvals Ordinances and the documents referenced therein shall not be revoked, amended or modified during the Term hereof without the consent of both the Village and Owner. Amendments to the Approvals Ordinances affecting the Property (or any designated portion thereof) and any modifications or changes to the information contained in the exhibits attached to this Agreement sought by Owner may be considered and acted on by the Village Corporate Authorities without the requirement of an amendment to this Agreement provided that applicable requirements of the Village's Zoning Ordinance are satisfied and that the Village Corporate Authorities vote to grant the requested amendment in the lawful exercise of their legislative discretion. b. Severability. If any provision, covenant, agreement or portion of this Agreement or its application to any person, entity or property is held invalid, such invalidity shall not affect the application or validity of any other provisions, covenants or portions of this Agreement, and to that end, all provisions, covenants, agreements and portions of this Agreement are declared to be severable. If for any reason the annexation or zoning of the Property is ruled invalid, in whole or in part, the Village Corporate Authorities, as soon as possible, shall take such actions (including the holding of such public hearings and the adoption of such ordinances and resolutions) as may be necessary to give effect to the spirit and intent of this Agreement and the objectives of the Parties, as disclosed by this Agreement. C. Entire Agreement. This Agreement sets forth all agreements, understandings and covenants between and among the Parties relative to the matters herein contained. This Agreement supersedes all prior agreements, negotiations and understandings, written and oral, relative to the matters herein contained and shall be deemed a full integration of the entire agreement of the Parties. d. Survival. The provisions contained herein shall survive the annexation of the Property and shall not be merged or expunged by the annexation of the Property to the Village. -8- e. Successors and Assigns. This Agreement and the rights and obligations of each Party contained herein shall inure to the benefit of and shall be binding upon, respectively, Owner and its respective successors, grantees, lessees, transferees and assigns, and upon successor Village Corporate Authorities of the Village and successor municipalities, and shall constitute a covenant running with the land. This Agreement may be assigned by Owner without Village approval and, upon said assignment and acceptance by an assignee, the assignor shall have no further obligations hereunder. If all or any portion of the Property is sold, the seller thereof shall be deemed to have assigned to the purchaser thereof, and such purchaser shall be deemed to have assumed, any and all rights and obligations such seller may have under this Agreement which affect the portion of the Property sold or conveyed, and thereafter such seller shall have no further rights or obligations under this Agreement as it relates to the portion of the Property conveyed unless and to the extent expressly reserved by such seller. f. Notices. Any notice to be given or served hereunder or under any document or instrument executed pursuant hereto shall be in writing and shall be (i) delivered personally, with a receipt requested therefor; or (ii) sent by telecopy facsimile; or (iii) sent by a recognized overnight courier service; or (iv) delivered by United States registered or certified mail, return receipt requested, postage prepaid. All notices shall be addressed to the Parties at their respective addresses set forth below, and the same shall be effective (a) upon receipt or refusal if delivered personally or by telecopy facsimile; (b) one (1) business day after depositing with such an overnight courier service or (c) two (2) business days after deposit in the mails, if mailed. A Party may change its address for receipt of notices by service of a notice of such change in accordance herewith. All notices by telecopy facsimile shall be subsequently confirmed by U.S. certified or registered mail. If to Village: Village of Elk Grove 901 Wellington Avenue Elk Grove, Illinois 60007 Attention: Village Manager Fax No. (847) 357-4022 with a copy to: Village of Elk Grove 901 Wellington Avenue Elk Grove, Illinois 60007 Attention: Village Clerk Fax No. (847) 357-4022 If to Owner: McDonald's Corporation Fax No. (630) 536-2612 !Q with a copy to: James E. Olguin Buikema Law Group, LLC 15 Salt Creek Lane, Suite 103 Hinsdale, IL 60521 Fax No. (630) 214-5440 h. Time of Essence. Time is of the essence of this Agreement and of each and every provision hereof. i. Exhibits. All exhibits attached hereto are declared to be a part of this Agreement and incorporated herein by this reference. j. Conflicts and Inconsistencies. To the extent of any conflict, ambiguity or inconsistency between the terms of this Agreement and the Village's Municipal Code, this Agreement shall govern and control in all instances. If minor modifications to the exhibits (including any plans attached hereto) became necessary, the Village Manager shall be authorized to implement such modifications without an amendment to the Approvals Ordinances or this Agreement. k. Interpretation. This Agreement has been jointly negotiated by the Parties and shall not be construed against a Party because that Party may have primarily assumed responsibility for the drafting of this Agreement. 1. Business Day. For purposes of this Agreement, a "business day", "working day" or similar term shall mean a day when the Village Hall and the Village departments conduct regular administrative operations. in. No Waiver or Relinquishment of Right to Enforce Agreement. The failure of any Party to this Agreement to insist upon strict and prompt performance of the terms, covenants, agreements and conditions herein contained, or any of the them, upon any other Party imposed, shall not constitute or be construed as a waiver or relinquishment of any Party's rights to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. n. Cumulative Remedies. Unless expressly provided otherwise herein, the rights and remedies of the Parties provided for herein shall be cumulative and concurrent and shall include all other rights and remedies available at law or in equity, may be pursued singly, successively or together, at the sole and absolute discretion of the Parties and may be exercised as often as occasion therefore shall arise. o. Reasonable Approval. Unless otherwise expressly set forth herein to the contrary, wherever any approval or consent of a Party is called for under this Agreement, the same shall not be unreasonably withheld, qualified or delayed. [BALANCE OF PAGE INTENTIONALLY LEFT BLANK] -10- IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written and, by so executing, each of the Parties warrants that it possesses full right and authority to enter into this Agreement. VILLAGE: ATTEST: Village Clerk VILLAGE OF ELK GROVE, an Illinois municipal corporation Village Mayor OWNER: McDonald's Corporation, a Delaware corporation By:_ Name: Its: McDonald's USA, LLC, a Delaware limited liability company By:_ Name: Its: STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The foregoing instrument was acknowledged before me on _ day of , 2020 by , the Mayor of the VILLAGE OF ELK GROVE, an Illinois home rule municipal corporation, and by the Village Clerk of said municipal corporation. Signature of Notary SEAL My Commission expires: STATE OF SS. COUNTY OF ) The foregoing instrument was acknowledged before me on day of 2020 by of McDonald's Corporation, a Delaware corporation. Signature of Notary SEAL My Commission expires: STATE OF ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me on day of , 2020 by of McDonald's USA, LLC, a Delaware limited liability company. SEAL My Commission expires: -12- Signature of Notary Exhibit A 1910-1912 E. Higgins Road, PIN #08-26-101-007-0000, 08-26-101-011-0000, 08-26-101-015-0000 THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE CENTER LINE OF HIGGINS ROAD AS IMPROVED AND OCCUPIED, 615.14 FEET SOUTHEASTERLY OF ITS INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 26 AFORESAID; THENCE NORTH 48' 12' 12" EAST (ASSUMED) AT RIGHT ANGLES TO THE SAID CENTER LINE 50.00 FEET TO THE NORTHEASTERLY LINE OF SAID HIGGINS ROAD AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 48012' 12" EAST 222.28 FEET; THENCE NORTH 37°24'04" WEST 33.70 FEET; THENCE NORTH 48016'51" EAST 25 FEET, MORE OR LESS TO A LINE 82.50 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE SOUTHWESTERLY LINE OF THE PROPERTY ACQUIRED BY THE ILLINOIS STATE TOLL HIGHWAY COMMISSION BY DEED DATED OCTOBER 31, 1956 AND RECORDED NOVEMBER 9, 1956 AS DOCUMENT 16750861, BEING ALSO THE SOUTHWESTERLY LINE OF THE PROPERTY CONVEYED TO THE NORTHERN ILLINOIS GAS COMPANY BY DEED DATED NOVEMBER 10, 1958 AND RECORDED DECEMBER 18, 1958 AS DOCUMENT NUMBER 17408538; THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE 102.80 FEET, SAID PARALLEL LINE BEING THE ARC OF A CIRCLE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3072.29 FEET AND A CHORD WHICH BEARS NORTH 45057'33" WEST 102.80 FEET; THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH 39002'46" WEST 161.97 FEET TO THE SOUTH LINE OF OAKTON STREET PER DOCUMENT #9967969 RECORDED MARCH 27, 1928; THENCE SOUTH 88038'48" WEST ALONG SAID SOUTH LINE 121.59 FEET TO A POINT ON A LINE DRAWN PERPENDICULAR TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26, THROUGH A POINT 310.00 FEET EAST OF ITS INTERSECTION WITH THE CENTER LINE OF HIGGINS ROAD AFORESAID; THENCE SOUTH 0 102 1'12" EAST ALONG SAID PERPENDICULAR LINE 58.00 FEET; THENCE SOUTH 21 °52'39" WEST 64.43 FEET TO A POINT ON A LINE DRAWN PERPENDICULAR TO THE CENTER LINE OF HIGGINS ROAD THROUGH A POINT 312.00 FEET SOUTHEASTERLY OF ITS INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 26 AFORESAID; THENCE SOUTH 48012'12" WEST ALONG SAID PERPENDICULAR LINE 58.00 FEET TO THE NORTHEASTERLY LINE OF HIGGINS ROAD; THENCE SOUTH 41 °47'48" EAST ALONG SAID NORTHEASTERLY LINE 303.14 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. CONTAINING 78,579 SQUARE FEET OR 1.80 ACRES, MORE OR LESS.