HomeMy Public PortalAboutOrdinance 35641111111 IIIIIIIIlIII 11111
Ordinance No. 3564
202200014116
DEBBIE GILLETTE
RECORDER - KENDALL COUNTY IL
RECORDED: 8/24/2022 12:45 PM
ORDL 57.00 RHSPS FEE: 10.00
PAGES: 63
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN
ANNEXATION AGREEMENT FOR THE PROPOSED PLAINFIELD LOGISTICS
CENTRE BETWEEN THE VILLAGE OF PLAINFIELD, ILLINOIS;
EXEL, INC. D/B/A DHL SUPPLY CHAIN (USA); BALM, LLC;
AND BETZWISER FAMILY, L.L.C.
PIN: 06-12-200-002 and 06-12-200-007
WHEREAS, an Annexation Agreement, a true and exact copy of which is attached
hereto as Exhibit "A", and by reference thereto incorporated herein, has been submitted
to the Corporate Authorities of the Village of Plainfield by the Owner; and
WHEREAS, a public hearing was held before the Corporate Authorities of the
Village of Plainfield, after publication of notice, upon the proposed Annexation Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES,
ILLINOIS AS FOLLOWS:
Section 1: Recitals — The foregoing recitals are hereby incorporated into this
Ordinance as if fully set forth herein.
Section 2: Approval — That the President and Village Clerk are hereby
authorized and directed to execute the aforesaid Annexation Agreement for and on behalf
of the Village of Plainfield, Illinois.
Section 3: Severability — The various portions of this Ordinance are hereby
expressly declared to be severable, and the invalidity of any such portion of this
Ordinance shall not affect the validity of any other portion of this Ordinance, which shall
be enforced to the fullest extent possible.
Section 4: Repealer — All Ordinances or portions of Ordinances previously
passed or adopted by the Village of Plainfield that conflict with or are inconsistent with the
provisions of this Ordinance are hereby repealed.
Section 5: Effective Date - This Ordinance shall be in effect upon its passage
and approval as provided by law.
PASSED THIS 1ST DAY OF AUGUST, 2022.
AYES: Larson, Ruane, Benton, Kalkanis, Argoudelis
NAYS: None
RECUSED: Calkins
ABSENT: Wojowski
APPROVED THIS 1ST DAY OF AUGUST, 2022.
VILLAGE PRES DT
VILLAGE CLERK
PREPARED BY AND RETURN TO:
VILLAGE OF PLAINFIELD
24401 W. LOCKPORT STREET
PLAINFIELD, IL 60544
ATTN: VILLAGE CLERK
Legal Description
PARCEL 1:
THE NORTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
SECTION 12, TOWNSHIP 36 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN IN NA -AU -SAY TOWNSHIP, KENDALL COUNTY, ILLINOIS.
PARCEL 2:
THE NORTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE
NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 36 NORTH, RANGE 8, EAST,
OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF NA -AU -SAY,
KENDALL COUNTY, ILLINOIS.
PARCEL 3:
THE SOUTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
SECTION 12, TOWNSHIP 36 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN THE TOWNSHIP OF NA -AU -SAY, KENDALL COUNTY, ILLINOIS.
EXHIBIT "A"
Annexation Agreement for Plainfield Logistics Centre
11111 lint 111-11 th
•1• •1-..I 1 1-111•1111111"1.181 111
VILLAGE OF
PLAINFIELD
ANNEXATION AGREEMENT
FOR
PLAINFIELD LOGISTICS CENTRE
(Development Name)
Revision Date:
THIS ANNEXATION AGREEMENT ("AGREEMENT") is entered into this i — day of
f-�14 5US4' , 2022 by and among the Village of Plainfield, an Illinois municipal corporation
(hereinafter referred to as "VILLAGE"), and Exel, Inc., a Massachusetts corporation, doing business as
DHL Supply Chain (USA) (hereinafter "DHL" or" DEVELOPER") and BALM, LLC, an Illinois
limited liability company, and Betzwiser Family, L.L.C., an Illinois limited liability company
(hereinafter collectively referred to as "OWNER"), for all the property described in the Plat of
Annexation marked Exhibit A, attached hereto. The VILLAGE, OWNER and DEVELOPER are
hereinafter each a "PARTY" and collectively the "PARTIES."
WITNES SETH:
WHEREAS, the VILLAGE is an Illinois municipal corporation; and,
WHEREAS, the OWNER is the owner of record of the real property legally described in Exhibit
"A" (said property referred to herein as the "SUBJECT PROPERTY"), and depicted on the Plat of
Annexation, attached hereto as Exhibit B and hereby incorporated and made a part of this
AGREEMENT, which SUBJECT PROPERTY is not within the corporate limits of any municipality
and which constitutes the subject premises to be annexed to the Village; and
WHEREAS, the SUBJECT PROPERTY is contiguous or may become contiguous with the
corporate limits of the VILLAGE; and
WHEREAS, it is the intention of the parties that the annexation of the SUBJECT PROPERTY
to the VILLAGE be upon the terms and conditions of this agreement; and
WHEREAS, in accordance with 65 ILCS 5/11-15.1-1 et seq. of the Illinois Compiled Statutes
and pursuant to lawful notice, the VILLAGE has placed this AGREEMENT before the public for
comment and hearing by its Corporate Authorities; and
WHEREAS, the VILLAGE, by its Corporate Authorities, shall consider an ordinance adopting
this AGREEMENT in the manner provided by law; and
WHEREAS, the adoption and approval of this AGREEMENT is an exercise of the powers
vested in the VILLAGE by the Illinois Compiled Statutes.
1
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements herein contained, it is hereby agreed as follows:
1. INCORPORATION OF RECITALS AND EXHIBITS.
The foregoing recitals are hereby incorporated into the body of this AGREEMENT as if fully set
forth and repeated herein.
Any exhibit referred to in this AGREEMENT and attached hereto shall also be considered
incorporated herein by express reference.
2. ANNEXATION AND ZONING.
OWNER agrees within seven (7) days after the execution of this AGREEMENT to file properly
executed petitions for annexing and zoning said premises, if said petitions have not already been filed.
Within thirty (30) days of contiguity the VILLAGE agrees, pursuant to requisite notice having
been given, and in accordance with law, to enact and adopt ordinances annexing and zoning the
premises designated in Exhibit A, attached hereto and made a part of this AGREEMENT, to zoning
classification I-1, Office, Research and Light Industrial District.
OWNER and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in
accordance with the ordinances of the VILLAGE, as approved or subsequently amended, and agree to
follow all of the policies and procedures of the VILLAGE in connection with such development except
as modified in this AGREEMENT and shall develop the SUBJECT PROPERTY in accordance with the
general uses and locations of such uses indicated in the I-1 Zoning District.
3. PARK AND LIBRARY DISTRICT ANNEXATION.
Upon annexation of the SUBJECT PROPERTY to the VILLAGE, the OWNER agrees to file
petitions to annex the SUBJECT PROPERTY to the Plainfield Township Park District. The SUBJECT
PROPERTY is in the Plainfield Library District.
The OWNER agrees to annex the SUBJECT PROPERTY to the Plainfield Township Park
District within 30 days of contiguity with the District.
4. PARK AND SCHOOL DONATIONS.
The OWNER and DEVELOPER agree to comply with the Village Ordinance on land/cash donations
for park and school sites. The DEVELOPER agrees to pay all fees identified in the School Facility
Impact Fee schedule and School Transition Fee schedule attached. A letter from the School District
confirming acceptance of the proposed fees and timing of payment is included as Exhibit "D". Fees
paid in lieu of park land are required prior to the release of the final plat. The DEVELOPER shall be
required to enter into a Park Dedication and Improvement Agreement with the Park District to
formalize the terms of meeting the park obligation for development of the SUBJECT PROPERTY. A
letter from the Park District outlining the general terms of how the park obligation will be met is
included as Exhibit "E".
2
The OWNER and DEVELOPER agree to comply with the Village Ordinance on land/cash
donations for park and school sites. Fees paid in lieu of park land are required prior to the release of
the final plat. The DEVELOPER agrees to pay all fees identified in the school facility impact fee
schedule attached. The Village must approve all park designs and reserves the right to hire a
landscape architect to design any park or open space area. The developer/owner agrees to pay any fee
associated with the design.
The DEVELOPER agrees to pay all fees identified in the School Transition Fee table attached.
The school transition fee shall be paid not later than at building permit issuance and shall be based on
the fee then in effect at the time of payment. For building permits issued after July 1, 2007, the
required transition fee shall be the fee then in effect as approved by the VILLAGE.
The OWNER and DEVELOPER agree to pay a fee at building permit set by the junior college
within which district the development occurs and approved by the VILLAGE.
5. FIRE PROTECTION DISTRICT DONATION
The OWNER and DEVELOPER agree to pay $100.00 contribution per residential unit to the
Fire Protection District in which the unit is located and $0.15 per square foot for commercial
development. The fee will be paid at the time of building permit issuance.
6. LIBRARY IMPACT FEE.
The OWNER and DEVELOPER agree to pay the applicable contribution per unit, as set forth in
the inter -governmental agreement between the VILLAGE and the Plainfield Library District. The fee
will be paid at the time of building permit issuance.
7. WATER AND SEWER SERVICE.
VILLAGE represents and warrants that the 100.02 acres of the SUBJECT PROPERTY
described in Exhibit A is currently within the FPA (Facilities Planning Area) of the VILLAGE or if
not presently in the FPA, the VILLAGE will submit all required applications to include the SUBJECT
PROPERTY into the VILLAGE'S FPA. All application and associated costs to amend the FPA shall
be the responsibility of the DEVELOPER.
8. WATER AND SANITARY SEWER FEES.
Connection fees required for connection to the Village's sanitary sewer system are as
established by Village Ordinance. The minimum connection fees to the Village's water supply system
are as follows:
Water Meter size (inches) Water Connection Fee
5/8 $2,760.00
3/4 $2,760.00
1 $3,305.00
1 %2 $3,810.00
2 $4,280.00
3
3 $4,775.00
4 $5,250.00
6 $6,230.00
All sanitary sewer construction requiring an Illinois Environmental Protection Agency construction
permit, upon receipt of required IEPA Sewer Permit, but before any sewer main construction, the
property owner or OWNER shall be required to pay the Village the total sewer connection fee for the
entire area served by said permit. The population equivalent stated on the IEPA permit shall be the
basis for calculating the required connection fees. Substantial sanitary sewer construction shall begin
within ninety (90) days of receiving required IEPA sewer construction permits or ROW/easement
acquisition.
9. SANITARY SEWER OVERSIZING IMPACT FEE
The OWNER and DEVELOPER recognize that certain sanitary sewer oversizing is required
pursuant to the Sanitary Sewer Recapture Map. Said Map outlines the estimated cost per acre of
sewer oversizing according to zones. The oversizing will be constructed by either the OWNER and
DEVELOPER or the VILLAGE, at the VILLAGE's discretion. If constructed by the OWNER and
DEVELOPER, recapture will follow the provisions of Section 10 of this ANNEXATION
AGREEMENT. If constructed by the VILLAGE, OWNER and DEVELOPER will reimburse all
VILLAGE expenses related to the sewer construction, including engineering, easement acquisition,
administration and legal fees. The percentage of the total project cost to be reimbursed by
DEVELOPER shall be calculated based on the acreage of the development within the recapture area.
Any applicable fees shall be payable at the time of final plat or if no platting is necessary, prior to
building permit.
10. RECAPTURE FEES.
Upon development, OWNER or DEVELOPER shall be obligated to pay any recapture fees as
applicable to the annexed property for municipal water, sanitary sewers, storm water, roadways, traffic
signals or improvements or any other improvements as set forth in 65 ILCS 5/9-5-1.
VILLAGE may adopt any necessary ordinances to provide for recapture to OWNER for
streets, water, sanitary sewer or storm sewer lines constructed by OWNER, which benefit other
properties by the installation and/or over sizing of said improvements. Such recapture ordinances
shall only be adopted upon satisfactory demonstration by the OWNER or DEVELOPER that the
recapture is fair and equitable and that provision of notice of the proposed recapture fees is provided
to affected property OWNER. The determination that a proposed recapture is fair and equitable shall
be solely that of the Village. Fees are due upon Village request.
In the event benefiting property subject to recapture is owned by a government agency (e.g.,
fire protection district, park district, school district), such government entity shall not be required to
pay recapture, thus reducing the total amount the DEVELOPER and/or VILLAGE are entitled to
recapture.
Any recapture ordinances shall be for a maximum of ten (10) years from the date of adoption
of said ordinance with 4% interest payable to the OWNER or DEVELOPER commencing two (2)
years from the date of completion of said improvement. An administrative fee shall be charged at the
4
rate of two percent (2%) of the total recapturable amount payable to the VILLAGE to cover
administrative costs of the recapture agreement. The costs to be recaptured shall not exceed 110
percent of the estimated costs per the approved engineer's opinion of probable construction costs
(EOPC). Any increase in cost of more than 5 percent of the EOPC (but in no event more than 10
percent of the EOPC) shall not be permitted unless a detailed explanation of the increase in costs is
submitted by the DEVELOPER and approved by the VILLAGE.
11. ANNEXATION FEES.
The OWNER and DEVELOPER agrees to pay an annexation fee to the VILLAGE of $2,500
unit for any residential development or $4,000 per gross acre for commercial development, payable at
the time of final plat or if no platting is necessary, prior to building permit.
12. TRAFFIC IMPROVEMENT FEE
The OWNER and DEVELOPER agrees to pay a traffic improvement fee to the VILLAGE of
$2,000.00 per unit of residential development and $.10 per square foot of buildings for commercial
development. Square footage for commercial development is based on gross building area. Said fees
shall be payable at the time of final plat or if no platting is necessary, prior to building permit.
13. MUNICIPAL FACILITY FEE
The OWNER and DEVELOPER agrees to pay $2,000.00 per unit for future municipal
facilities. Said fees shall be payable at the time of final plat or if no platting is necessary, prior to
building permit.
14. MULTI -MODAL FEE
DEVELOPER agrees to pay a fee of $250 per dwelling unit to help fund regional, non -vehicular
transportation and recreation improvements, such as multi -use path connections and extensions. Said
fees shall be payable at the time of final plat or if no platting is necessary, prior to building permit
issuance. This fee shall be set at this rate for a period of five (5) years following execution of this
AGREEMENT, after which time the fee shall be as set by Village policy per adopted Resolution then
in effect.
15. EMERGENCY SERVICES FEE
The DEVELOPER agrees to pay a fee of $50 per dwelling unit to help fund emergency service
infrastructure, such as tornado sirens and traffic signal emergency pre-emption devices. Said fees shall
be payable at the time of final plat or if no platting is necessary, prior to building permit issuance. This
fee shall be set at this rate for a period of five (5) years following execution of this AGREEMENT,
after which time the fee shall be as set by Village policy per adopted Resolution then in effect.
16. EASEMENTS
The OWNER agrees to dedicate right-of-way or grant utility easements within thirty days of
written request by the VILLAGE.
5
17 SIDEWALKS AND PARKWAY TREES
The VILLAGE may require the OWNER to install sidewalks and parkway trees on any platted
lot upon notice by the VILLAGE after a period of two (2) years from the date of recording of the final
plat which includes that lot. The VILLAGE may also require installation of sidewalks and parkway
trees on or any platted lot that is consolidated with an adjacent lot.
18. ARCHITECTURAL DESIGN PROVISIONS.
The OWNER and DEVELOPER agree to provide a variety of architectural designs for residential
dwelling units for the purpose of discouraging excessive similarity between units, including but not
limited to single family, duplexes, and multi -family developments. The OWNER and DEVELOPER
agree to establish appropriate policies and procedures to provide distinction between surrounding
dwelling units, including front, rear and side elevations, for the purpose of anti -monotony as defined
in Exhibit C.
The Village is looking to better control monotony and to encourage character within subdivisions
including all four sides of residential structures, roof pitches, heights, and materials. The developer
agrees to develop the subject property in accordance with the Pattern Book attached as Exhibit F.
This exhibit identifies architecture for all homes including facades for all four sides of each model
proposed and materials. The Pattern Book will show a breakdown of the number of each model used
and will identify the separation in the location of each model type.
19. VARIANCES.
No variances will be necessary to develop the SUBJECT PROPERTY. If variances are
required, they shall be described and attached as an Amendment, Exhibit C.
20. MISCELLANEOUS FEES.
All other fees provided for by ordinance and uniformly applied and collected in connection
with the development of the property within the corporate limits of Plainfield, except as otherwise
specified in this AGREEMENT shall be applicable to the SUBJECT PROPERTY. Payment of all
fees due under the Village Ordinances, together with the posting of any and all letters of credit and
other guarantees shall be a pre -condition to the approval by the VILLAGE of any final plan, plat or
site plan submitted by OWNER and DEVELOPER under this AGREEMENT.
21. AMENDMENTS.
This AGREEMENT, including the attached exhibits, may be amended only with the mutual
consent of the parties by a duly executed written instrument. In the case of the VILLAGE, the written
instrument may only be in the form of an ordinance duly adopted in accordance with applicable laws.
Modifications subsequent to this AGREEMENT'S adoption shall require a public hearing and
procedures consistent with law.
22. EXHIBIT C.
Any modifications to the VILLAGE'S standard annexation agreement provisions are set forth
6
in Exhibit C. The OWNER, DEVELOPER and VILLAGE agree that should any conflicts between
Exhibit C and the text of this AGREEMENT exist, the provisions of Exhibit C shall supersede those
of this text.
23. DORMANT SPECIAL SERVICE AREA (SSA)
OWNER and DEVELOPER agree to the VILLAGE enacting a dormant Special Service Area
(SSA) to act as a back-up in the event that the Homeowner's Association fails to maintain the private
common areas, private detention ponds, perimeter landscaping features, and entrance signage within
the SUBJECT PROPERTY. The special service area will be completed as part of the first phase of
development.
24. ENFORCEMENT.
This AGREEMENT shall be enforceable by any action at law or in equity, including actions
for specific performance and injunctive relief. The laws of the State of Illinois shall control the
construction and enforcement of this AGREEMENT. The parties agree that all actions instituted on
this AGREEMENT shall be commenced and heard in the Circuit Court of Will County, Illinois, and
hereby waive venue in any other court of competent jurisdiction. Before any failure of any party to
perform any obligation arising from this AGREEMENT shall be deemed to constitute a breach, the
party claiming the breach shall notify the defaulting party and demand performance. No breach of this
AGREEMENT shall have been found to have occurred if performance is commenced to the
satisfaction of the complaining party within thirty (30) days of the receipt of such notice.
25. EFFECT OF SUCCESSORS.
This AGREEMENT shall be binding upon and inure to the benefit of the VILLAGE and its
successor municipal corporations and corporate authorities. This AGREEMENT shall be binding
upon and inure to the benefit of OWNER and DEVELOPER and their grantees, lessees, assigns,
successors and heirs.
26. CONSTRUCTION OF AGREEMENT.
This AGREEMENT shall be interpreted and construed in accordance with the principles
applicable to the construction of contracts. Provided, however, that the parties stipulate that they
participated equally in the negotiation and drafting of the AGREEMENT and that no ambiguity
contained in this AGREEMENT shall be construed against a particular PARTY.
27. 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 provision, covenants, agreement or portions of this AGREEMENT, and this
AGREEMENT is declared to be severable.
28. EFFECT OF THIS AGREEMENT.
The provisions of this AGREEMENT shall supersede the provisions of any ordinances, codes,
7
policies or regulations of the VILLAGE which may be in conflict with the provisions of this
AGREEMENT.
29. DURATION.
This AGREEMENT shall remain in full force and effect for a term of twelve (12) years from
the date of its execution, or for such longer period provided by law.
30. NOTICE.
Any notice or demand hereunder from one PARTY to another PARTY or to an assignee or
successor in interest of either PARTY or from an assignee or successor in interest of either PARTY to
another PARTY, or between assignees or successors in interest, either PARTY shall provide such
notice or demand in writing and shall be deemed duly served if mailed by prepaid registered or
certified mail addressed as follows:
If to the VILLAGE:
John F. Argoudelis
Village President
24401 W. Lockport Street
Plainfield, IL 60544
With copies to:
Jim Harvey, Village Attorney
Tracy, Johnson & Wilson
2801 Black Road, 2nd Floor
Joliet, IL 60435
Joshua Blakemore
Village Administrator
24401 W. Lockport Street
Plainfield, IL 60544
If to any owner of record of any real property located within the subject property, or the
OWNER:
And
BALM, LLC
6369 Whitetail Ridge Ct.
Yorkville, IL 60560
Betzwiser Family, L.L.C.
24431 W. Fraser Road
Plainfield, IL 60544
If to Developer:
Exel, Inc. d/b/a DHL Supply Chain (USA)
360 Westar Boulevard
Westerville, OH 43082
With copies to:
Vince Rosanova
Rosanova & Whitaker, Ltd,
8
127 Aurora Avenue
Naperville, IL 60540
Or to such address as any party hereto or an assignee or successor in interest of a party hereto may
from time to time designate by notice to the other party hereto or their successors in interest.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and
year first above written.
THE VILLAGE OF PLAINFIELD
a Municipal Corporation
BY
Village Pres
ATTEST
BY
Village Clerk
OWNER:
Betzwiser Farm, L.L.C., an Illinois limited
liability company,
By: X)de '
Robert E. Betzwiser, Man r
By:
Brian A. Betzwiser, Manager
By:
Eric Buhle, Manager
BALM, LLC, an Illinois limited liability
company,
By: Brian Betzwiser Trust dated 5/2/2002
DEVELOPER:
EXEL, INC. D/B/A DHL SUPPLY CHAIN (USA)
By:
Attest:
9
127 Aurora Avenue
Naperville. IL 60540
Or to such address as any party hereto or an assignee or successor in interest of a party hereto may
from time to time designate by notice to the other party hereto or their successors in interest.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and
year first above written.
THE VILLAGE OF PLAINFIELD
a Municipal Corporation
BY
Village President
ATTEST:
BY
Village Clerk
DEVELOPER:
EXEL, INC. D/B/A DHL SUPPLY CHAIN (USA)
By:
Attest:
9
OWNER:
Betzwiser Farm, L.L.C., an Illinois limited
liability company,
By:
Robert E. Betzwiser, Manager
By:
Brian A. Betzwiser, Manager
By:
Eric Buhle, Ma Lager
BALM, LLC, an Illinois limited liability
company,
By: Brian Betzwiser Trust dated 5/2/2002
By:
Brian Betzwiser, Trustee
127 Aurora Avenue
Naperville, IL 60540
Or to such address as any party hereto or an assignee or successor in interest of a party hereto may
from time to time designate by notice to the other party hereto or their successors in interest.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and
year first above written.
THE VILLAGE OF PLAINFIELD
a Municipal Corporation
OWNER:
Betzwiser Farm, L.L.C., an Illinois (united
liability company,
BY By:
Village President Robert E. Betzwiser, Manager
ATTEST:
BY
Village Clerk
DEVELOPER:
EXEL, INC. D/Bf A DHL SUPPLY CHAIN (USA)
By:
Attest:
By:
Brian A. Betzwiser, Manager
By:
Eric Buhle, Manager
BALM, LLC, an Illinois limited liability
company,
By: Brian Betzwiser Trust dated 5/2/2002
By:
Brian Betzwiser, Trustee
9
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1:
THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP
36 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN IN NA -AU -SAY
TOWNSHIP, KENDALL COUNTY, ILLINOIS.
PARCEL 2:
THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF
SECTION 12, TOWNSHIP 36 NORTH, RANGE 8, EAST, OF THE THIRD PRINCIPAL
MERIDIAN, IN THE TOWNSHIP OF NA -AU -SAY, KENDALL COUNTY, ILLINOIS.
PARCEL 3:
THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP
36 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF
NA -AU -SAY, KENDALL COUNTY, ILLINOIS.
Commonly known as: 7076 & 7150 Ridge Road
Plainfield, IL
PIN: 06-12-200-002 and
06-12-200-007
10
EXHIBIT B
PLAT OF ANNEXATION
11
LEGA L DESCRIPTION
PARCEL 1:
THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST
1/4 OF SECTION 12, TOWN SHIP 36 NORTH, RANGE 8 EAST
OF THE THIRD PRINCIPAL MERIDIAN, IN NA -AU -SAY
TOWNSHIP, KENDALL COUNTY, ILLINO IS.
PARCEL 2:
THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF
THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 36 NORTH,
RANG E 8, EAST, OF THE THIRD PRINCIPAL MERIDIAN, IN THE
TOWNSHIP OF NA -AU -SAY, KENDALL COUNTY, ILLINOIS.
PARCEL 3:
THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST
1/4 OF SECTION 12, TOWNSHIP 36 NORTH, RANGE 8, EAST
OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF
NA -AU -SAY, KENDALL COUNTY, ILLINOIS.
TOGETHER WITH THAT PART OF RIDGE ROAD LYING WEST OF
AND ADJOINING THE ABOVE DESCRIBED LAND, EXCEPT THAT
PART PREVIO USLY ANNEXED IF ANY.
- EXISTING CORPORATE
UMITS OF THE VILLAGE
OF PLAINFIELD
ABBREV IA TIONS
(R) = RECORD BEARING OR DISTANCE
(M) = MEASURED BEARING OR DISTANCE
LINE LEGEN D
OMITS OF LAND PER
LEGAL DESCRIPTION
ADJACENT LAND
PARCEL LINE
PLAT OF ANNEXATION
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EXHIBIT C
TO THE ANNEXATION AGREEMENT
FOR THE PLAINFIELD LOGISTICS CENTRE
Pursuant to paragraph 20 of the Annexation Agreement for the Plainfield Logistics Centre (the
"AGREEMENT") by and between the Village of Plainfield, an Illinois municipal corporation
("VILLAGE"), and BALM, LLC, an Illinois limited liability company, and Betzwiser Family, L.L.C.,
an Illinois limited liability company (hereinafter collectively referred to as "OWNER"), and Exel, Inc.
d/b/a DHL Supply Chain (USA), its successors and assigns (hereinafter referred to as
"DEVELOPER"). VILLAGE, OWNER, and DEVELOPER agree to supplement the standard form
Village Annexation Agreement with the following modifications and additions (the "ADDENDUM"),
the terms of which shall supersede those of the AGREEMENT. VILLAGE, OWNER, and
DEVELOPER may each individually be referred to as a "Party" and collectively, as the "Parties").
Capitalized terms used herein without definition shall have the meaning set forth in the
AGREEMENT. VILLAGE agrees that OWNER as is the term is used in this AGREEMENT and
ADDENDUM shall mean the current OWNER and any subsequent owner. VILLAGE agrees that it
will look to the current owner of the SUBJECT PROPERTY to satisfy any OWNER obligations
required in the AGREEMENT or this ADDENDUM, and look to the DEVELOPER to satisfy any
DEVELOPER obligations required in the AGREEMENT and ADDENDUM
ARTICLE I
MUTUAL ASSISTANCE
The Parties shall do all things necessary or appropriate to carry out the terms and provisions of the
AGREEMENT and this ADDENDUM and to aid and assist each other in furthering the objectives of
the AGREEMENT and the ADDENDUM and the intent of the Parties as reflected hereby including,
without limitation, the giving of such notices, the holding of such public hearings and the enactment
by VILLAGE of such resolutions and ordinances, the execution of such permits, application and
agreements and the taking of such other actions as may be necessary to enable the Parties' compliance
with the terms and provision of the AGREEMENT and this ADDENDUM and as may be necessary to
give effect to the objectives of the AGREEMENT and the intention of the parties as reflected by the
terms of this ADDENDUM.
ARTICLE II
ANNEXATION
A. Should any person bring a cause of action challenging VILLAGE'S lawful authority to annex
the SUBJECT PROPERTY or challenge the method or procedures by or through which the Parties
purported to cause the SUBJECT PROPERTY to be annexed to VILLAGE, specifically including the
approval of the AGREEMENT and this ADDENDUM, 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 or the provisions of the AGREEMENT and this
ADDENDUM were 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 reannexed to VILLAGE in a manner which
satisfies all procedural requirements and on terms consistent with the AGREEMENT and this
ADDENDUM.
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B. Notwithstanding the terms in Paragraph 2 of the AGREEMENT to the contrary, the
VILLAGE and DEVELOPER acknowledge that as of the time of approval of this AGREEMENT,
DEVELOPER is a contract purchaser. It is the intent of the OWNER and DEVELOPER that the
AGREEMENT, this ADDENDUM, the ordinance annexing the SUBJECT PROPERTY, approving
the AGREEMENT and this ADDENDUM, and rezoning the SUBJECT PROPERTY to I-1, Office,
Research and Light Industrial District classification of the VILLAGE ("Annexation Ordinance"), and
any entitlement ordinances approving the Preliminary Plat attached hereto and incorporated herein at
Exhibit 1, the Site Plan attached hereto and incorporated herein as Exhibit 2, and the Parking Variance
("Entitlement Ordinances") be approved and executed by the Parties. If DEVELOPER does not take
title to the SUBJECT PROPERTY, the OWNER will not be required to pay any of the fees under this
AGREEMENT or ADDENDUM until the SUBJECT PROPERTY is developed.
C. Upon recording of this AGREEMENT, it shall become effective ("Effective Date").
Notwithstanding any language contained herein to the contrary, the OWNER shall have no obligation
under this AGREEMENT or this ADDENDUM to pay any fees, costs, or expenses of any type, it
being the intention of the Parties that the DEVELOPER shall be responsible for said payment
obligations.
D. Notwithstanding the terms in Paragraph 3 of the AGREEMENT to the contrary, DEVELOPER
agrees to petition to annex the SUBJECT PROPERTY to the Plainfield Township Park District after
the Effective Date. The SUBJECT PROPERTY is already annexed to the Plainfield Library District.
ARTICLE III
ZONING APPROVAL
A. Zoning Approval. The SUBJECT PROPERTY consists of 100.2 acres. Immediately
following annexation of the SUBJECT PROPERTY, the VILLAGE shall pass one or more ordinances
to: (a) rezone the SUBJECT PROPERTY to the I-1 Office, Research, and Light Industrial District
classification pursuant to the Village Zoning Ordinance; (b) grant site plan approval; (c) grant
preliminary plat approval; and (d) grant a parking variance; and may grant such other relief as may be
necessary to develop the SUBJECT PROPERTY pursuant to the plans and plats attached hereto upon
VILLAGE review and approval of such additional relief as may be requested by DEVELOPER.
OWNER shall be allowed to continue all existing uses of the SUBJECT PROPERTY, including
agricultural uses, and rental of residences or accessory structures on the SUBJECT PROPERTY. All
uses that are legally permitted by Kendall County at the time of enactment of this AGREEMENT shall
be allowed to continue until the OWNER or DEVELOPER requests a building permit for the
SUBJECT PROPERTY.
B. Indemnity. Should any person, bring a cause of action (provided, however, that no party shall
be required to indemnify any other party for attorneys' fees incurred regarding such cooperation)
challenging the notice, annexation of, rezoning of, site plan approval for or preliminary plat approval
for the SUBJECT PROPERTY as provided in the AGREEMENT and this ADDENDUM, and/or the
development of the SUBJECT PROPERTY as set forth herein, the Parties agree that they shall fully
cooperate to defend such cause of action. Further, the Parties specifically agree that to the extent such
defense proves unsuccessful, the VILLAGE shall take such legislative action as then may be lawfully
required to cause the SUBJECT PROPERTY to be annexed and zoned for the purposes herein
contemplated.
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C. Development. The SUBJECT PROPERTY will be developed by DEVELOPER as the
Plainfield Logistics Centre with a site plan that is in substantial conformance with the site plan
attached as Exhibit 2 ("Development"). The proposed site plan includes a 1,222,640 -square foot
warehouse building with 556 vehicle parking spaces and 256 trailer parking spaces for a total of 812
parking spaces. Notwithstanding the terms in paragraph 19 of the AGREEMENT to the contrary,
DEVELOPER will be granted a variance from the parking requirement of 1,223 parking spaces,
which is based on the square footage of the building, as shown on the Site Plan attached hereto as
Exhibit 2. The DEVELOPER agrees to cooperate with the development of final landscape plans and
signage plans that will be compatible with landscaping and signage plans for adjacent properties to
achieve the appearance of a unified business park. Such plans will be in substantial conformance with
the conceptual landscape plan presented as part of the site plan approval for the DEVELOPMENT.
ARTICLE IV
WAIVER OF FEES
A. Waiver of Fees. VILLAGE is extending 143rd Street along north property line of the
SUBJECT PROPERTY as depicted on Exhibit 3, attached hereto and incorporated herein. As an
incentive for OWNER to dedicate right-of-way to the VILLAGE for the 143rd Street extension, and
notwithstanding the terms in paragraphs 4, 5, 6, 9, 11, 12, 13, 14, and 15 of the AGREEMENT to the
contrary, VILLAGE agrees that the only fees DEVELOPER shall be required to pay are listed in
Exhibit 4, attached hereto and incorporated herein. These fees shall be paid by DEVELOPER at the
time of building permit issuance for the warehouse building permit. No Park and School Donations in
Paragraph 4, Library Impact Fees in Paragraph 6, Municipal Facility Fees in Paragraph 13, Multi
Modal Fees in Paragraph 14, Emergency Service Fees in Paragraph 15, will be required since the
SUBJECT PROPERTY will be developed with an industrial use. Paragraph 20, entitled
"Miscellaneous Fees" is only valid if the OWNER transfers ownership of the SUBJECT PROPERTY
to the DEVELOPER. No other fees aside from those outlined in this ADDENDUM shall be
applicable. The fees herein established shall be frozen for the term of this AGREEMENT, after which
time the fees shall be payable at the prevailing rate as set forth in VILLAGE ordinance. In the event
fees or donation requirements as set forth in the AGREEMENT and this ADDENDUM are reduced or
eliminated prior to fees or donations being paid by DEVELOPER, the DEVELOPER shall receive the
benefit of said reduction/elimination. Acreage for fees shall be based on net acreage, not including
land to be utilized by the VILLAGE for the construction of the 143rd Street extension, which includes
land utilized for right-of-way, water main, sanitary sewer main, other utilities, and stormwater
detention. Notwithstanding the terms in the AGREEMENT to the contrary, OWNER shall not be
responsible for the payment of any fees to the VILLAGE delineated in the AGREEMENT or this
ADDENDUM.
B. Capping Fees. The VILLAGE agrees that all outside consultants' engineering review fees
shall be capped at one percent (1%) of the estimated site work costs based on Engineer's Estimate of
Probable Costs submitted by DEVELOPER and approved by VILLAGE. Additional reimbursable
fees, such as engineering fees for construction inspection/construction observation of public
improvements only and attorney's fees, shall be paid pursuant to VILLAGE ordinance.
ARTICLE V
143rd STREET RIGHT-OF-WAY AND CONSTRUCTION
A. VILLAGE intends to build 143rd Street between Ridge Road and the existing terminus
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west of Steiner Road as one project. The ROW dedication as shown on the plat of dedication is one of
nine (9) ROW parcels required to complete the project. VILLAGE attests that it will use its best
efforts to secure ROW through easement and/or dedication from the remaining eight (8) property
owners.
B. OWNER and DEVELOPER agree to dedicate right-of-way (ROW) for the future 143rd
Street as depicted on the plat of dedication attached hereto as Exhibit 3. The ROW shall be dedicated
within 30 days written request by the VILLAGE pursuant to Paragraph 16 of this AGREEMENT.
C. VILLAGE shall construct 143rd Street adjacent to the SUBJECT PROPERTY,
including the installation of the water main from Steiner Road to Ridge Road. VILLAGE agrees to
waive any right to recapture the costs from OWNER or DEVELOPER for the 143rd Street road
improvements, including the water main extension, except as set forth in subsection C below.
D. DEVELOPER shall be required to pay the pro -rata cost of improving the south side of
143rd Street from a rural cross-section to an urban cross-section, including the cost to install curb and
gutter, enclosed storm sewer and pavement shoulders, up to a cost of $225,000.00. Payment of the
incremental cost to upgrade the south side of 143rd Street from a rural to urban cross-section shall be
paid by DEVELOPER at time of building permit issuance for the warehouse building permit.
E. VILLAGE has designed and permitted improvement plans. Any changes to
accommodate developer -initiated changes are to be to be permitted by DEVELOPER.
F. Prior to the start of construction, VILLAGE agrees to provide any certificates of
insurance necessary for any contractors or subcontractors performing any work on the SUBJECT
PROPERTY, naming OWNER as an additional insured. VILLAGE further agrees to enter into an
indemnity agreement, indemnifying OWNER against any losses, claims, or damages resulting from
any work performed for the 143rd Street extension, including court costs and reasonable attorney and
legal fees.
G. VILLAGE agrees that if VILLAGE does not bury existing overhead utilities, they will
be allowed to remain, and VILLAGE will not require OWNER or DEVELOPER to bury said
overhead utilities.
H. VILLAGE agrees that it will at all times allow OWNER or DEVELOPER up to two
access points onto 143rd Street pursuant to the Site Plan attached hereto and incorporated herein at
Exhibit 2. VILLAGE will support proposed Ridge Road access points, which have been approved by
Kendall County. If the SUBJECT PROPERTY is undeveloped when 143rd Street is constructed, the
VILLAGE and OWNER or DEVELOPER will work together to construct access aprons or stubs to
the SUBJECT PROPERTY as shown on Exhibit 2 at no cost to OWNER with two (2) stubs on 143rd
Street and two (2) stubs on Ridge Road, as approved by Kendall County.
I. VILLAGE agrees to enter into easement agreements as necessary for access or
construction on the SUBJECT PROPERTY; the use of or access to the stormwater management
facilities; the installation of the water main; and access stubs to 143rd Street and Ridge Road.
ARTICLE VI
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EXISTING WATER AND SANITARY SYSTEMS
There are existing residences and outbuildings on the SUBJECT PROPERTY, which utilize existing
wells and septic systems. The OWNER may continue to use the existing wells and septic systems and
may repair or replace them if necessary until such time as a permit is applied for on the SUBJECT
PROPERTY, at which time the wells will be capped and use of the septic systems will be
discontinued. Any new use on the SUBJECT PROPERTY will require connection to the VILLAGE'S
water and sewer systems. VILLAGE agrees that as part of its construction of 143rd Street, water main
will be extended to the SUBJECT PROPERTY, and OWNER or DEVELOPER shall connect to said
water main when it is available for use.
ARTICLE VII
RECAPTURE FEES
A. Recapture. The OWNER and DEVELOPER shall not be obligated to pay any recapture fees
for municipal water, stormwater, roadways, traffic signals or other improvements resulting from the
143rd Street extension or Ridge Road construction as set forth in 65 ILCS 5/9-5-1, except as set forth
in this ADDENDUM. Additionally, there are no other recapture fees applicable to the SUBJECT
PROPERTY.
B. Recapture by OWNER or DEVELOPER. VILLAGE will adopt any necessary ordinances
to provide for recapture to OWNER or DEVELOPER for streets, water, sanitary sewer or storm sewer
lines constructed by OWNER or DEVELOPER, which benefit other properties by the installation
and/or over sizing of said improvements. Such recapture ordinances shall only be adopted upon
satisfactory demonstration by the OWNER or DEVELOPER that the recapture is fair and equitable
and that provision of notice of the proposed recapture fees is provided to the affected property by
OWNER or DEVELOPER. The determination that a proposed recapture is fair and equitable shall be
solely that of the VILLAGE. Fees are due upon the annexation or development of each benefitting
property or any portion thereof the earlier of the following: (1) prior to the recording of any
ordinances affecting the benefitting property, or (2) the submittal for building permit for any portion
of the benefitting property. If VILLAGE agrees to reimburse DEVELOPER for any off -site
installation, DEVELOPER will assign its recapture rights to the VILLAGE.
In the event a benefiting property subject to recapture is owned by a government agency (e.g., fire
protection district, park district, school district), such government entity shall not be required to pay
recapture, thus reducing the total amount the OWNER or DEVELOPER is entitled to recapture.
Any recapture ordinances shall be for a maximum of twenty (20) years from the date of adoption of
said ordinance with four percent (4%) interest payable to the OWNER or DEVELOPER commencing
two (2) years from the date of completion of said improvement. An administrative fee shall be
charged at the rate of two percent (2%) of the recapture fee paid to the VILLAGE to cover
administrative costs of the recapture agreement at the time the VILLAGE collects the recapture fees.
The initial costs to be recaptured shall not exceed one hundred ten percent (110%) of the estimated
costs per the approved engineer's opinion of probable construction costs (EOPC). Any increase in cost
of more than five percent (5%) of the EOPC (but in no event more than 10% of the EOPC) shall not
be permitted unless a detailed explanation of the increase in costs is submitted by the OWNER or
DEVELOPER and approved by the VILLAGE.
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ARTICLE VIII
DEVELOPER OBLIGATIONS
A. DEVELOPER shall contribute $500,000.00 toward future traffic signal improvements to be
installed by VILLAGE pursuant to Exhibit 4, attached hereto and incorporated herein. The intent of
this provision is to provide funding for the VILLAGE to install a traffic signal at the intersection of
143rd Street and Steiner Road. Payment is due prior to issuance of certificate of occupancy for the
warehouse building.
B. DEVELOPER shall contribute funds in lieu of any land dedication to contribute toward a
regional landscape, buffering and potential recreational and stormwater amenity, referred to as the
GREENBELT. The GREENBELT contribution shall be $100,000.00 pursuant to Exhibit 4, payable
prior to issuance of a certificate of occupancy for the warehouse building. In the event the
GREENBELT is not constructed within five (5) years from the date of this AGREEMENT, the
$100,000.00 shall be returned to DEVELOPER.
C. Notwithstanding the terms in paragraph 17 of the AGREEMENT to the contrary,
DEVELOPER shall be responsible for installing a ten -foot (10') wide multi -use path on the south side
of future 143rd Street, including being responsible for the design, permitting and construction. The
multi -use path shall be installed concurrently with or subsequent to (i.e., not prior to) improving 143rd
Street to an urban cross-section. This may occur after construction of the DEVELOPMENT, in which
case DEVELOPER shall, prior to issuance of a final occupancy permit for the DEVELOPMENT, post
a bond or letter of credit, or pay cash in lieu of making the improvements, based on a cost estimate
approved by the VILLAGE. No sidewalks shall be required on Ridge Road adjacent to the SUBJECT
PROPERTY.
D. DEVELOPER agrees to provide an annual contribution toward future funding of the
maintenance of the GREENBELT. The DEVELOPER's annual funding contribution would be limited
to $2,500.00 per year (Greenbelt Maintenance Fee). The Greenbelt Maintenance Fee would begin no
sooner than the first anniversary of the completion of the GREENBELT upon notice from the
VILLAGE. If at any time title to the GREENBELT is transferred to the Plainfield Park District, the
Will County and/or Kendall County Forest Preserve District, or other taxing body, no further
Greenbelt Maintenance Fee will be due from DEVELOPER.
E. Paragraph 18 is not applicable to this industrial use and is therefore stricken from the
AGREEMENT.
ARTICLE IX
AMENDMENTS TO ORDINANCES
A. Amendments. All ordinances, regulations, and codes of the VILLAGE, including, without
limitation, those pertaining to zoning, subdivision, and building codes, as they presently exist, except
as amended, varied, or modified by the terms of the AGREEMENT and this ADDENDUM, shall
apply to the SUBJECT PROPERTY during the term of the AGREEMENT. Any amendments, repeal
or additional regulations, which are subsequently enacted by the VILLAGE, shall not be applied to the
SUBJECT PROPERTY, except upon written consent of the OWNER or DEVELOPER. After the
expiration of this AGREEMENT, the SUBJECT PROPERTY will be considered in compliance with
all ordinances and zoning codes of the VILLAGE, and the OWNER or DEVELOPER may transfer
17
title to the SUBJECT PROPERTY or rebuild or repair any building, structure, or improvement
damaged or destroyed by fire or other casualty without making any further improvements to the
building, structure or improvement in order to come into compliance with any amendments to the
zoning, subdivision, or building codes of the VILLAGE. After the expiration of the term of the
AGREEMENT, the SUBJECT PROPERTY will be subject to all ordinances, regulations and codes of
the VILLAGE adopted after the expiration of the term of the AGREEMENT.
The foregoing to the contrary notwithstanding, in the event the VILLAGE is required to modify,
amend, or enact any ordinance or regulation and apply the same to the SUBJECT PROPERTY
pursuant to the express specific mandate of any superior governmental authority, such ordinance or
regulation shall apply to the SUBJECT PROPERTY and be complied with by the OWNER, provided,
however, that any so-called "grandfather" provisions contained in such superior governmental
mandate which would serve to exempt or delay implementation against the SUBJECT PROPERTY
shall be given full force and effect.
If during the term of the AGREEMENT any existing, amended, modified or new ordinances, codes, or
regulations affecting the zoning, subdivision, development, construction of improvements, buildings,
or appurtenances or other regulatory ordinances regarding public health, safety, and welfare are
amended or modified in any manner to impose less restrictive requirements on the development of or
construction upon properties within the VILLAGE, then the benefit of the less restrictive requirements
shall inure to the benefit of OWNER or DEVELOPER, and anything to the contrary contained herein
notwithstanding, OWNER or DEVELOPER may elect to proceed with the construction or
development upon the less restrictive amendment or modification applicable generally to all properties
within the VILLAGE.
B. Building Codes. The building codes for the VILLAGE as they presently exist, except as
amended, varied or modified by the terms of the AGREEMENT and this ADDENDUM, shall apply to
the SUBJECT PROPERTY and its development during the term of the AGREEMENT. Any
amendments, repeal or additional regulations, which are subsequently enacted by the VILLAGE, shall
not be applied to the SUBJECT PROPERTY, except upon written consent of the OWNER or
DEVELOPER during the term of the AGREEMENT.
If during the term of the AGREEMENT any existing, amended, modified or new ordinances, codes, or
regulations affecting the SUBJECT PROPERTY and/or construction of any improvements, buildings,
or appurtenances upon the SUBJECT PROPERTY are amended or modified in any manner to impose
less restrictive requirements on the SUBJECT PROPERTY or the construction upon properties within
the VILLAGE, then the benefit of the less restrictive requirements shall inure to the benefit of
OWNER or DEVELOPER, and anything to the contrary contained herein notwithstanding, OWNER
or DEVELOPER may elect to proceed with the construction or development upon the less restrictive
amendment or modification applicable generally to all properties within the VILLAGE.
Any improvements or buildings installed by OWNER or DEVELOPER prior to the effective date of
any such additional amendment, deletions, or additions to the building codes of the VILLAGE
pertaining to life/safety considerations shall be considered in compliance or grandfathered under the
prior code such that OWNER shall not be required to make modifications to any improvement,
building, or permit granted for building, prior to the effective date of the amendment, deletion or
addition to the building code. Any amendments, deletions, or additions to the building codes of the
VILLAGE pertaining to life/safety considerations adopted after the date of the AGREEMENT which
18
affect all properties within the VILLAGE shall be applicable to new buildings, structures or
improvements on the SUBJECT PROPERTY upon the expiration of the twelfth (12th) month
following the effective date of such amendment, deletion, or addition during the term of the
AGREEMENT or this ADDENDUM.
ARTICLE X
PERMITTING AND CONSTRUCTION
A. Permitting. Provided that OWNER and DEVELOPER are not in default of the
AGREEMENT or this ADDENDUM, the VILLAGE agrees that within twenty-one (21) business days
after receipt of a complete application for issuance of a building permit, it will either issue such
building and other permits as may, from time to time, be requested by OWNER or DEVELOPER, its
successors and assigns, or issue a letter of denial within said period of time, informing the OWNER or
DEVELOPER as to the specific deficiencies in the application for permits, plans or specifications.
B. Phasing of Improvements. OWNER or DEVELOPER may construct any improvements to
the SUBJECT PROPERTY as shown on Exhibit 2 in one or more phases, pursuant to a phasing plan
to be reviewed and approved by the VILLAGE.
C. Construction Access. Access to the SUBJECT PROPERTY for the purposes of construction
may be off of Ridge Road and/or 143rd Street once it is constructed. VILLAGE acknowledges and
agrees that 143rd Street is being built as a truck route in compliance with VILLAGE standards.
D. Temporary Marketing Signs. OWNER or DEVELOPER, at its option and expense, may
erect and maintain two billboard signs on each right-of-way of the SUBJECT PROPERTY to
advertise the development of the SUBJECT PROPERTY. OWNER or DEVELOPER shall remove
such billboard signs on the first to occur of (i) completion of all construction and/or sales on the
SUBJECT PROPERTY or (ii) the five-year anniversary of the issuance of a building permit for said
billboard signs. Such billboard signs shall be maintained in a good, clean, and sightly condition. The
billboard signs may be (i) a maximum of one hundred and forty-four (144) square feet of sign face per
side; and (ii) two-sided. All costs of installing, maintaining, repairing, and removing such signs
(including costs of land restoration following sign removal) shall be borne by OWNER or
DEVELOPER. OWNER or DEVELOPER shall obtain VILLAGE permits for all signs prior to their
installation, and the location of such signs shall be subject to the written approval of the VILLAGE
Community Development Director.
E. Security. The VILLAGE agrees to accept either (i) a cash deposit, (ii) subdivision
improvement bonds, or (iii) irrevocable letters of credit from a sound and reputable bank acceptable to
the VILLAGE Board (the "Subdivision Security") in amounts equal to one hundred ten percent
(110%) of the cost or estimated cost of constructing the Public Subdivision Improvements.
F. Interim Uses. Interim uses set forth below shall be permitted anywhere on the SUBJECT
PROPERTY during the term of the AGREEMENT, subject to a restoration bond if applicable:
including farming, a residence, farm outbuildings, storing of farm machinery and construction trailers.
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A. Agricultural Use. The SUBJECT PROPERTY is currently utilized for agricultural
purposes. The Parties hereby agree that notwithstanding the zoning and development contemplated by this
AGREEMENT, the SUBJECT PROPERTY, or portions of the SUBJECT PROPERTY, may be utilized
for agricultural purposes for the term of the AGREEMENT, until a building permit is issued by the
VILLAGE.
B. Enforcement. This AGREEMENT shall be enforceable in any court of competent
jurisdiction by either Party by an appropriate action at law or in equity to secure the performance of the
covenants herein described.
C. Amendments. An amendment to the AGREEMENT shall not require the consent of all
owners of the SUBJECT PROPERTY but shall only require the consent of the owners of that portion of
the SUBJECT PROPERTY for which the AGREEMENT is being amended.
D. Invalidity and Severability. If any provision of this or AGREEMENT is held invalid, the
VILLAGE shall immediately make a good faith effort to take such action as may be necessary to readopt
or reaffirm this AGREEMENT or any underlying resolution or ordinance in order to cure such invalidity.
If after such actions by the VILLAGE any provision of this AGREEMENT is held invalid, the VILLAGE
shall take all such actions as may be necessary to provide OWNER or DEVELOPER the practical benefits
and realize the intent of this AGREEMENT. Notwithstanding any determination that a specific section of
this AGREEMENT is invalid, the remainder of the AGREEMENT shall remain in full force and effect.
E. Counterparts. The AGREEMENT may be executed in counterparts, each of which
shall be an original and all of which counterparts taken together shall constitute one and the same
AGREEMENT.
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EXHIBIT 1
PRELIMINARY PLAT
21
KEND ALL COUNTY RIGH T TO FA RM NOTICE
KENDALL COUNTY HAS A LONG. RICH TRADITION IN AGRICULTURE AND
RESPECTS THE ROLE THAT FARMING CONTINUES TO PLA Y IN SHAPING THE
ECONOMIC NABIUTY OF THE COUNTRY. PROPERTY THA T SUPPORTS TTI5
INDUSTRY IS INDICATED BY A ZONING INDICATOR - A-1 OR AG SPECIAL
USE. ANYONE CONSTRUCTING A RESIDENCE OR FACILITY NEAR THIS ZONING
SHOULD BE AWAR E THAT NORMAL AGRICULTURAL PRACTICES M AY RESULT
IN OCCASIONAL SMELLS. DUST. SIGHTS. NOISE AND UNIQUE HOURS OF
OPERATIONS THAT ARE NOT TYPICAL IN OTH ER ZONING AREAS.
LEG END
• 5NLE55B' 0010 u sE NOTED
SET CONCRHEIE MONUMENT
� UNLESS OT ERASE NOTED
� UUNNLESSOOTH ERWSEIN CONCRETE
ABBREVIATION S
TSIDE DIAM ETER IRON PIPE
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LINE LEG END
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CENTERLINE
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34.6Y EAST
PRELIMINARY PL AT OF SUBDIVISION
PLAINFIELD LO GISTICS CENTRE
PART OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHI P 36 NORTH,
RANGE 8 EAST 26 THE THIRD PRINCIPAL MERIDIAN IN NA -AU -SAY
TOWNSHIP, KENDALL COUNTY. ILLINOIS.
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NET A REA 4 .04 7. 344 SWAB FEET 92.914 ACRES
(BASE(TO HEAVTEUNESJ OR D ON MEASURED VALUES)
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EXHIBIT 2
SITE PLAN
22
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17
1.8
75. ROW DEDICAIION
PROPO SE!, 5 0'
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PROPOSED 143RD STREET EXTE NSION
DETE NTION
IANL-840.00
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PR OPOSED BUILDIN G f t t
1.222.640 SF
FFE = 665 .00
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/ DETENTI ON
SITE SUM MARY
GENERAL NOTES
I_ ALL DIMENSIONS PETER TO 1NE FACE OF CURB UNLESS OThIERAISE NOTED
rATR IN:seir giCNS A BET° OUTSIDE FACE OF BUIL DIN G UNLESS
3 IIFE:s ti.0,,N iCiliTECTU RAL A ND ST RUCTUR AL PUNS ID VONFr A U. B UILDING
(3. ,A,,LDL,E1;ROPOSED ON -SITE SIPPING SNAIL BE PAINTED UNLESS 0-NERW SE
HAUL. 640.00
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ORIGINAL1/ ISSUE:
3/31/2022
KRA PROJECT NO.
268146000
SHEET NUMBER
EXH.
EXHIBIT 3
EASEMENT ACQUISITION AGREEMENTS
23
EASEMENT ACOUISITION AGREEMENT
WITNESSETH:
This Right of Way and Easement Acquisition Agreement ("Agreement") is made
and entered into as of this day of , 2022, by and
between the Village of Plainfield, an Illinois Home Rule Municipal Corporation ("Village")
and BALM, LLC ("Owner").
WHEREAS, Village has been and is in the process of coordinating and
constructing various improvements to that portion of 143rd Street, located within the
corporate limits of Village or under Village jurisdiction; and
WHEREAS, in connection therewith, Village will from time to time need to acquire
additional easements from property owners adjacent to 143rd Street as it presently
exists or as it is contemplated to be improved by the Village; and
WHEREAS, Owner owns certain real property, such property being legally
described and/or otherwise depicted in Exhibit A, a copy of which is attached hereto
and incorporated herein by reference (the "Owner Property"); and
WHEREAS, Owner and Village acknowledge that the Village desires to acquire an
easement over a portion of the Owner Property for public roadway purposes and for
public utility purposes for the purpose of constructing future improvements to 143rd
Street and public utility improvements;
WHEREAS, the portion of the Owner Property over which the Village seeks a
public roadway and public utility easement is legally described and/or otherwise
depicted in Exhibit B (the"143rd Street Easement Property"), a copy of which is
attached hereto and incorporated herein by reference; and
WHEREAS, Owner is willing to grant an easement to the Village over the 143rd
Street Easement Property for public roadway purposes and for public utility purposes
for the purpose of constructing future improvements to 143rd Street and public utility
improvements, and the Village is willing to accept a grant of easement over the 143rd
Street Easement Property, all upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereinafter set forth, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby mutually acknowledged, Owner and Village hereby agree
as follows:
1. Recitals. The foregoing recitals are incorporated into this Agreement as if
fully set forth in this Section 1.
2. Grant of Easement. Subject to the terms and provisions of this Agreement,
Owner hereby grants to Village a perpetual easement over the 143rd Street
Easement Property described and depicted in Exhibit B for public roadway
and public utility purposes, including but not limited to the purposes of the
use, operation, construction, reconstruction, extension, widening,
enlargement, maintenance and improvement of public roadway
improvements and appurtenances, storm sewer, drainage, sanitary sewer,
potable water, and other Village public utility improvements therein, and also
for the purposes of public utilities operating within the Village by franchise or
like agreement, including but not limited to Commonwealth Edison Company,
Nicor, AT&T, and the local franchised cable operator to construct, install,
maintain, renew and operate all such utility installations and appurtenances
necessary and appropriate to provide their respective services, provided, that
all such franchised public utility installations shall be located underground
unless otherwise approved in writing by the Village. Contemporaneously with
the execution of this Agreement, Owner shall execute and deliver to the
Village a plat of public roadway and utility easement of and for the 143rd
Street Easement Property, to be prepared by the Village, conforming to the
provisions of this Agreement, substantially in the form attached hereto and
incorporated herein collectively as Exhibit C. Owner acknowledges that from
and after the date first above named, it shall not construct or place any
buildings, structures, permanent improvements or obstructions of any kind
within any portion of the 143rd Street Easement Property.
3. Construction Damage. Without otherwise limiting, modifying or affecting any
other provision of this Agreement, the Village or any relevant franchised
public utility shall, at its sole cost and expense, repair and restore any
damage to property owned by Owner located outside of the 143rd Street
Easement Property resulting from construction activities undertaken by the
Village or such relevant franchised public utility.
4. Ownership of Improvements. From and after the date first above named,
Village shall at all times retain title to, ownership of and control over all
improvements of any nature or kind constructed or located by Village within
the 143rd Street Easement Property as contemplated by the provisions of this
Agreement, whether presently existing or hereinafter constructed.
5. Indemnification. Village hereby indemnifies, defends and holds harmless
Owner and its officers, directors, employees and agents of and from any and
all liabilities, claims, damages, costs, expenses or judgments resulting from
Village's use of the 143rd Street Easement Property as contemplated herein.
6. Notice of Work. Except in bona fide emergency situations, Village or any
relevant franchised public utility shall provide Owner with reasonable notice
of its intention to commence construction activities within the 143rd Street
Easement Property.
7. Successors. This Agreement and the right of way to be granted pursuant
hereto shall bind and inure to the benefit of Owner and Village, and their
respective successors, assigns and grantees, and shall be deemed to
constitute covenants running with Owner's Property.
IN WITNESS WHEREOF, Owner and Village have executed this Agreement all as
of the date and year first above named.
"Owner"
BY:
"VILLAGE"
Village of Plainfield, an Illinois Municipal Corporation
BY:
John F. Argoudelis, Village President
ATTEST:
Michelle Gibas, Village Clerk
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 personally known
to me to be the of , and
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 as such signed and delivered the said instrument
as free and voluntary act, and as the free and voluntary act and deed of said
limited liability company, for the uses and purposes therein set forth.
Given under my hand and Notarial Seal this day of
, 2022.
Notary Public
My commission expires on
STATE OF ILLINOIS )
) SS
COUNTY OF WILL )
I, , a notary public in and for said County and
State, certify that John F. Argoudelis, personally known to me to be the Village
President of the Village of Plainfield, Illinois, and Michelle Gibas, personally
known to me to be the Clerk of said Village, and whose names are subscribed to
this instrument, appeared before me this day in person and severally
acknowledged before me that as such President and Clerk of the said Village
they signed and delivered the said instrument and caused the corporate seal of
the Village to be affixed thereto, pursuant to authority given therefor by the
Board of Trustees of said Village, as their free and voluntary act and as the free
and voluntary act of said Village, for the uses and purposes therein set forth.
Given under my hand and seal this day of , 2022.
Notary Public
Exhibit A —Legal Description/Depiction of Owner Property
THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 12,
TOWNSHIP 36 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN
IN NA -AU -SAY TOWNSHIP, KENDALL COUNTY, ILLINOIS.
Exhibit B —Legal description/depiction of 143rd Street Easement
Property
See attached legal description/depiction
Exhibit B —Legal description/depiction of 143rd Street ROW Property
Route: 143rd Street
(West Extension)
County: Kendall
Parcel: 0006
Sta. 77+15.27 to
Sta. 192+79.99
Index No.: 06-12-200-002
That part of the Northeast quarter of Section 12, Township 36 North, Range 8, East of
the Third Principal Meridian, in Kendall County, Illinois, bearings and distances based
on the Illinois State Plane Coordinate System, East Zone, NAD83 (2011 Adjustment),
with a combined factor of 0.999975, described as follows:
Beginning at the Northeast corner of the Northeast quarter of said Section 12;
thence on an Illinois Coordinate System NAD 83 (2011) East Zone, bearing of South 87
degrees 40 minutes 26 seconds West along the North line of the Northeast quarter of
said Section 12, a distance of 2,635.41 feet to the Northwest corner of said Northeast
quarter;
thence South 01 degrees 53 minutes 03 seconds East along the West line of said
Northeast quarter, a distance of 660.00 feet to a point on the South line of the North half
of the North half of said Northeast quarter;
thence North 87 degrees 40 minutes 26 seconds East along said South line, a distance
of 59.46 feet;
thence North 01 degrees 50 minutes 13 seconds West, a distance of 138.52 feet;
thence North 88 degrees 09 minutes 47 seconds East, a distance of 15.00 feet;
thence North 01 degrees 50 minutes 13 seconds West, a distance of 451.61 feet;
thence North 42 degrees 55 minutes 06 seconds East, a distance of 71.01 feet;
thence North 87 degrees 40 minutes 26 seconds East, a distance of 347.31 feet;
thence along an arc to the Right, having a radius of 9,220.00 feet, an arc length of
2,033.16 feet and a chord bearing South 86 degrees 00 minutes 32 seconds East, a
distance of 2,029.04 feet;
thence South 01 degrees 57 minutes 46 seconds East, a distance of 246.72 feet;
thence North 87 degrees 40 minutes 26 seconds East, a distance of 145.00 feet to a
point on the East line of said Northeast quarter;
thence North 01 degrees 57 minutes 46 seconds West along the East line of said
Northeast quarter, a distance of 489.99 feet to the point of beginning, in Kendall County,
Illinois.
Said parcel containing 7.286 Acres, more or less (of which, 0.526 Acres, more or less,
was previously dedicated or used for highway purposes).
Exhibit C -143rd Street Easement Property Plat
See attached plat
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PLAT OF HIGHWAYS
ST ATE OF ILLINOIS
DEPARTMENT OF TR ANSP ORT ATION
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SCALE: T"=50' SHEET 8 OF 15 SHEET S
BURE AU OF L AND ACQUISITION
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SC ALE: 1"=w' SHEET 12 OF �' SHEETS
BUREAU OF L AND ACQUISITION
201 WEST CENTER COURT
SCH AU MBUR G, ILLINOIS 60196
EASEMENT ACQUISITION AGREEMENT
WITNESSETH:
This Right of Way and Easement Acquisition Agreement ('Agreement") is made
and entered into as of this day of , 2022, by and
between the Village of Plainfield, an Illinois Home Rule Municipal Corporation ("Village")
and Betzwiser Family, L.L.C. ("Owner").
WHEREAS, Village has been and is in the process of coordinating and
constructing various improvements to that portion of 143rd Street, located within the
corporate limits of Village or under Village jurisdiction; and
WHEREAS, in connection therewith, Village will from time to time need to acquire
additional easements from property owners adjacent to 143rd Street as it presently
exists or as it is contemplated to be improved by the Village; and
WHEREAS, Owner owns certain real property, such property being legally
described and/or otherwise depicted in Exhibit A, a copy of which is attached hereto
and incorporated herein by reference (the "Owner Property"); and
WHEREAS, Owner and Village acknowledge that the Village desires to acquire an
easement over a portion of the Owner Property for public roadway purposes and for
public utility purposes for the purpose of constructing future improvements to 143rd
Street and public utility improvements;
WHEREAS, the portion of the Owner Property over which the Village seeks a
public roadway and public utility easement is legally described and/or otherwise
depicted in Exhibit B (the "143rd Street Easement Property"), a copy of which is
attached hereto and incorporated herein by reference; and
WHEREAS, Owner is willing to grant an easement to the Village over the 143rd
Street Easement Property for public roadway purposes and for public utility purposes
for the purpose of constructing future improvements to 143rd Street and public utility
improvements, and the Village is willing to accept a grant of easement over the 143rd
Street Easement Property, all upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereinafter set forth, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby mutually acknowledged, Owner and Village hereby agree
as follows:
1. Recitals. The foregoing recitals are incorporated into this Agreement as if
fully set forth in this Section 1.
2. Grant of Easement. Subject to the terms and provisions of this Agreement,
Owner hereby grants to Village a perpetual easement over the 143rd Street
Easement Property described and depicted in Exhibit B for public roadway
and public utility purposes, including but not limited to the purposes of the
use, operation, construction, reconstruction, extension, widening,
enlargement, maintenance and improvement of public roadway
improvements and appurtenances, storm sewer, drainage, sanitary sewer,
potable water, and other Village public utility improvements therein, and also
for the purposes of public utilities operating within the Village by franchise or
like agreement, including but not limited to Commonwealth Edison Company,
Nicor, AT&T, and the local franchised cable operator to construct, install,
maintain, renew and operate all such utility installations and appurtenances
necessary and appropriate to provide their respective services, provided, that
all such franchised public utility installations shall be located underground
unless otherwise approved in writing by the Village. Contemporaneously with
the execution of this Agreement, Owner shall execute and deliver to the
Village a plat of public roadway and utility easement of and for the 143rd
Street Easement Property, to be prepared by the Village, conforming to the
provisions of this Agreement, substantially in the form attached hereto and
incorporated herein collectively as Exhibit C. Owner acknowledges that from
and after the date first above named, it shall not construct or place any
buildings, structures, permanent improvements or obstructions of any kind
within any portion of the 143rd Street Easement Property.
3. Construction Damage. Without otherwise limiting, modifying or affecting any
other provision of this Agreement, the Village or any relevant franchised
public utility shall, at its sole cost and expense, repair and restore any
damage to property owned by Owner located outside of the 143rd Street
Easement Property resulting from construction activities undertaken by the
Village or such relevant franchised public utility.
4. Ownership of Improvements. From and after the date first above named,
Village shall at all times retain title to, ownership of and control over all
improvements of any nature or kind constructed or located by Village within
the 143rd Street Easement Property as contemplated by the provisions of this
Agreement, whether presently existing or hereinafter constructed.
5. Indemnification. Village hereby indemnifies, defends and holds harmless
Owner and its officers, directors, employees and agents of and from any and
all liabilities, claims, damages, costs, expenses or judgments resulting from
Village's use of the 143rd Street Easement Property as contemplated herein.
6. Notice of Work. Except in bona fide emergency situations, Village or any
relevant franchised public utility shall provide Owner with reasonable notice
of its intention to commence construction activities within the 143rd Street
Easement Property.
7. Successors. This Agreement and the right of way to be granted pursuant
hereto shall bind and inure to the benefit of Owner and Village, and their
respective successors, assigns and grantees, and shall be deemed to
constitute covenants running with Owner's Property.
IN WITNESS WHEREOF, Owner and Village have executed this Agreement all as
of the date and year first above named.
"Owner"
BY:
"VILLAGE"
Village of Plainfield, an Illinois Municipal Corporation
BY:
John F. Argoudelis, Village President
ATTEST:
Michelle Gibas, Village Clerk
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 personally known
to me to be the of , and
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 as such , signed and delivered the said instrument
as free and voluntary act, and as the free and voluntary act and deed of said
limited liability company, for the uses and purposes therein set forth.
Given under my hand and Notarial Seal this day of
, 2022.
Notary Public
My commission expires on
STATE OF ILLINOIS )
) SS
COUNTY OF WILL )
I, , a notary public in and for said County and
State, certify that John F. Argoudelis, personally known to me to be the Village
President of the Village of Plainfield, Illinois, and Michelle Gibas, personally
known to me to be the Clerk of said Village, and whose names are subscribed to
this instrument, appeared before me this day in person and severally
acknowledged before me that as such President and Clerk of the said Village
they signed and delivered the said instrument and caused the corporate seal of
the Village to be affixed thereto, pursuant to authority given therefor by the
Board of Trustees of said Village, as their free and voluntary act and as the free
and voluntary act of said Village, for the uses and purposes therein set forth.
Given under my hand and seal this day of , 2022.
Notary Public
Exhibit A —Legal Description/Depiction of Owner Property
PARCEL 2:
THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST
1/4 OF SECTION 12, TOWNSHIP 36 NORTH, RANGE 8, EAST, OF THE THIRD
PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF NA -AU -SAY, KENDALL
COUNTY, ILLINOIS.
PARCEL 3:
THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 12,
TOWNSHIP 36 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN THE TOWNSHIP OF NA -AU -SAY, KENDALL COUNTY, ILLINOIS.
Exhibit B —Legal description/depiction of 143rd Street Easement
Property
See attached legal description/depiction
Exhibit B —Legal description/depiction of 143rd Street ROW Property
Route: 143rd Street
(West Extension)
County: Kendall
Parcel: 0007
Sta. 189+69.00 to
Sta. 192+79.99
Index No.: 06-12-200-007
That part of the Northeast quarter of Section 12, Township 36 North, Range 8, East of
the Third Principal Meridian, in Kendall County, Illinois, bearings and distances based
on the Illinois State Plane Coordinate System, East Zone, NAD83 (2011 Adjustment),
with a combined factor of 0.999975, described as follows:
Commencing at the Northwest corner of the Northeast quarter of said Section 12;
thence on an Illinois Coordinate System NAD 83 (2011) East Zone, bearing of South 01
degrees 53 minutes 03 seconds East along the West line of the Southeast quarter of
said Section 12, a distance of 660.00 feet to a point on the North line of the South half
of the North half of said Northeast quarter and the point of beginning;
thence continuing South 01 degrees 53 minutes 03 seconds East along said West line,
a distance of 310.99 feet;
thence North 88 degrees 08 minutes 13 seconds East, a distance of 59.20 feet;
thence North 01 degrees 50 minutes 13 seconds West, a distance of 311.47 feet to a
point on the North line of the South half of the North half of said Northeast quarter;
thence South 87 degrees 40 minutes 26 seconds West along said North line, a distance
of 59.46 feet to the point of beginning, in Kendall County, Illinois.
Said parcel containing 0.424 Acres, more or less (of which, 0.245 Acres, more or less,
was previously dedicated or used for highway purposes).
Exhibit C -143rd Street Easement Property Plat
See attached plat
WEST Ez1FNS\CAO\DWG\PLATS \180938 - PIATS.OW C Sh..t 12
PART OF SECTION 1/12, TOWNSHIP 36 NORTH, RANGE 8 EAST, OF THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNT Y, ILLIN OIS
See Sheet 11
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201 WEST CENTE R COURT
REVISIO N DATE: - REVISION MADE 02: - SCHAUMBURG, ILLINOIS 60196
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DEP ARTMENT OF TRANSPORTATION
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EXHIBIT 4
DEVELOPER FEES
24
Exhibit 4
Plainfield Logistics Centre
Fee
Fire Protection District
Annexation Fee
Traffic Improvement Fee
South Section -3 Lane; Curb & Gutter
Cap on Engineering Fee
Off -site Traffic Signal - 143rd & Steiner
Greenbelt
10' Multi -Use Path
Water Connection Fee
Sewer Connection Fee
Paid When
Building Permit
Building Permit
Building Permit
Building Permit
DHL Fee
$175,000
$0
$0
$225,000
Progress Payments TBD
Occupancy Permit $500,000
Occupancy Permit $100,000
Construction $200,000
Building Permit $15,000
Building Permit $74,000
Total $1,289,000
EXHIBIT D
SCHOOL FEES
Not applicable
School Facilities Impact Fee — Unit School District (K-12)
Number of
Bedrooms
Fee
Detached Single Family Dwelling Units
4+ bedroom
$5220
3 bedroom
$4233
2 bedroom
$796
Attached Single Family Dwelling Units
4+ bedroom
$2890
3 bedroom
$1575
2 bedroom
$943
A • artments
3+ bedroom
$2160
2 bedroom
$761
1 bedroom
$18
25
Transition Fee Table
Unit School District (K-12)
Number of
Bedrooms
Fee
Detached Single -Family
1 Bedroom
$0
2 Bedrooms
$499
3 Bedrooms
$2,615
4 Bedrooms
$3,284
5+ Bedrooms
$4,091
Attached Single -Family
1 Bedroom
$0
2 Bedrooms
$570
3 Bedrooms
$1,001
4+ Bedrooms
$1,822
Apartments
Efficiency
$0
1 Bedroom
$11
2 Bedrooms
$450
3+ Bedrooms
$1,279
26
EXHIBIT E
PARK DISTRICT LETTER
Not applicable.
27
EXHIBIT F
PATTERN BOOK
Not applicable.
28