Loading...
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by the Village of Plainfield that conflict with or are inconsistent with the provisions of this Ordinance are hereby repealed.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 cria l z Z D 1 1 S8T40'29"W(M) 2635 .04'N NORTH HALF OF NORTH HALF OF NORTHEAST QUARTER PAR CEL 1 HEREBY e o"f 9 A NF1G� Vt`�Gpp 21 Pokes SOUTH HALF OF NORTH HALF OF NORTHEAST QUARTER PARC EL 3 NORTHNHALF OF ORTH HALF RTH HALF OF OF SOUTH HALF OF /--- OF NORTHEAST QUARTER PA RCEL 2 N87'43'45"E(M) 2636.77'(M) F r- 0 0 0 Z GRAPHIC SCALE 00 0 200 400 ( IN FEET ) 1 inch = 400 ft . J: \Psdata\2022 Projects\22.0064\22.0064-01 Annexati on\22.0064-01 POAnn ex_dw a 0 U 0 0. z Z 0 m N co W U 2- 00 Q 00 a 0 N rn z 0 Ih 5 20 SCAL E 1 - 400' PER CLIENT COMMENTS 1- 2 U 3,4 1 OF 1 P RO1. NO.: 22.0064-01 J:Psdat a\2022 Pmj ect s\22.024\22.0064-01 A nnexati on122.0004-01 POAnnex d 5, 0/192022 1:45'07 PM 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. 12 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. 13 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 14 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 15 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. 16 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. 19 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. 20 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 OD 4 R ECORD BEARING OR DISTANCE i µACU AT BAM NG OORDIDS TANCE eo51_ DEEPUp AGNGORCKO UANE" NT cEAEAXMEEUENT C URUTY EASEMENT P °u vcaKALAcuF LINE LEG END — IgggE oN BDUNDARYLUNEE - LOT LINE --- EASEMENT UNE CENTERLINE -_- BUILD. SETBACK U NE 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. ° 1"V N8740'29'EM 2635.04 '(6) 2585 Da' HEREBY DEDIC ATED TO THE VILLAGE OF PLAINFIELD R OppSED 143RD STREET R=9220.00' tZZei25B ' CH=21]694' CB.NBS'$'q>' W EXTENSION AR EA SUMM ARY GROSS 4. 365.070 SQUARE FEET OR 100. 208 ACRES R.O.W. DEDICATO R 317. 726 SQUAR E FEET OR 7.294 ACRES NET A REA 4 .04 7. 344 SWAB FEET 92.914 ACRES (BASE(TO HEAVTEUNESJ OR D ON MEASURED VALUES) P.I .N. 06-12-200-002 P.I .N. 06-12-200-007 GRAPHIC SCALE Iw rzsrW all IRO R. E eg ss E war SC ALE 100' 1 OF 2 \PSD.T.U2022 PB 05 075 z 2DDz4\220DG-D1 S UBDIVISIO N u2 .0004-02 Pov5D.DM:I u rv 0: 22 .0064-02 ZO-P900 zz ZAOZ 190 oO 2 FA Ea S 11 ZZOZ/01/11 S3819 03 3SN3Jn 60Sf ON a0A3o8n5 own 10NO5 5308d moor 03388 O 110^5 9 50330 3O 83080038 [0010/Of/9 538131(3 351(309 3.d NO 51013 30 - 30�03080 03H S. nor "W- 1(001110 --- lb BLLZ00-09t ON NO1.0d.03 80131895 ONVI OL `O"v 00 30 AVO 3111 NO 501(111'01(0 00 SNI11VS. a133lNONu0lYNOISY.021d 30 301130 583080338 3. NI 080038 903 0310 S. 1N3W981sN1 S. 895 SS 0 ( 1100033 30 A15003 SS( 0Z 30 A-0 S. ( SIONITI 30 31015 510011331 - 80990 lb 1035 ONV ONVH AW a30Nn NI NO • nOZ '8 0911/91(02 A 3100 035193 INO/100 3081 3100 301(011150) tl 00013 301 A810301130 SY (1(10 311S S 3JNYHJ'33053Y 8 0 3.1 3015190 38 01 0301103130 5-38/) X 3NOZ :503900 113010 . 1(111 01\ S1104 SI. ON/ '0305311- 91313032130 000 38030138311 SO 9 -Z1 -11/S 5311 59 01 9011080030 SONT1 . 31000 3.1 A8 3ZI80 10 51130 13 1/0335 3.0 01(151583X3 51 ON 01003ld 3AISN3H38dW.0 03 1013810 N0 0318300 0311101 011080 3833 30 300110 3111 01.10 51 N0519108n5 SIN! B 39NVIIN00 01(9003 S-1(0 011( 1 001035 330/`11S0001201( 311 30100/1101100 300 3012/311190513111 130803 '51101(11 NI '^10000 00 013 0 1^505 0035 30 9/1315 0 30150 N 301 30111/1 H1005J30 1d30 0/1301000 301 30 0%11(011100 301 1339103 50 9111 '2110000 111VON3N ' 0' 30 001 105-m--1( NI "3017P01%111 0 0/ 0 0129 1(3 01 71/ 301 30 1503 8 301(08 110901( 9f 311151( 1(01 ' Ll 1(011035 30 1/I 1550 3111901( 3110 30 Z/I 110901( 3110 l 110901( 3110 133803 �utl3aoaa 9rvw. o193 3110 03019 10905 ON- 03^3150115 3505011 '6051 ' ON 500^3 11195 01(00 1-N01553 30tld 5101(111 '513381( '0 11005 I ( 3NYN 30 A1Nn0J 55( NOIIV JIIIJ.0 3J S.0OA TA00 S 6051 ON 8003,10S0000/00/11 015381.3 3503000 58381( 11005 0 61 9LLZ00-1131 ON NOLLb80d8J3 80031811 ON0l 19813 1(0530 1-N05S3 083 011 ON0 34an5 SS -31103 sa .n11 'ALNnon 39901 '080801/ I1/ OL 5353101N3538d3a080/300 AB 031( 101391 30 AVO SI. 03.0 01 30000 N33B 3100 30 SbH 1101110 30 Ad00 3981 b '10 83 22 0800311 011 0383111 310005 30 ^ 1330311 1 0210330 Oi N OLLV ZI0IOH. 10V 5.00A3A 011S 31VOL8LLO3O 8.0 000 03121 A IN10J 821313 uNno n 0011 S. 03.0 3 NYl 3111 3O ANY 15NIV. 53105 %111 313019 33038 ON ON0 s 03 01031(9 -O N 5 3%111 1N388ro Oro dNn010N 53X01 1093030 1N3fA NT0 ON 3910 383X1 10111 .11030 AB383H 00 5 101(111 '^11(900 11001(31( 30 1(83 10 011(000 ' I ( TYON3N 30 0.003 55( 5051111 30 31015 NMONS 3131130 N slo ns 3111 30 ON10b033a 01 511(351(03 A80 8391311838W9N 153Wn000 5-o 'morn 'uonon 11V OULL0 33 5.)70313 A ZNI10J 30 30030 58308 0030 301 NI 0335000350 000 - 03100 30501002 0 01033 V SNOIS NOad 8301(9 33.918091 SY ]nand ABYlON Ae 30 AVO SH 1135 ltllatllON ONV ONVH AN 830,111 5 3119 N080803803 0105 40 0330 NV 130 AB.Nola, 0010 3383 301 S0 111003 130 0083111 5350.11d ON/ 5359 301 903 3110 803 0130.3 813. NI 1N3Wn81SNI SIN/ 30 NOLLn03X3 3110 03003 1'001(1(30 ONV NOS83d NI AVO SIHI 319 380338 0380333- 3003.11 833 533.0180n ONa03803 3111 01 0381805895 380 OHM SN0583d 3010S 3110 38 01 311 01 NM 003 0110195833 380 0110 '(0003200) 30 (33111) (31011) ON Y 31b1S ONV 011(903 3111 NI anew ABYlON b 1001 0311833 083839 00 '010539030 ( - A 3131N1103Ss ( sI ONmI 30 31015 310 0 73 11010 S,AOVI.ON 31111 33111 08 3E1 30 AVO SI. 153015390 300110 35039 300 110 153110 -0Z 0'11 3o Ara -- SI. 'SIONI111 '0101003 TIM 0131.101-ld 30 533159111 A 09008 3111 AB 03133000 ONV 03008330 ( TIM 30 0101100 55 ( 51 ONI111 30 31.15 S33SS113LL 3O 00V O9 8350950381 OZ 0 V 30 AVO 51110 SION111 O1N900 TW '01313NIvld NI OIL. 1033 3111 NI 03011131(1 0001 30 13-81 3X11501/91/ 031(011110330 N33B 31YH 1001 30383111 SIN3I 11( 03.0330 ANY 80 5311553550 109315 031131003 500 1N388n0 010100 110 1N303Nm0 ON 381 38301011 10111, A3LL 833 AB383H 00 01313NIVld 30 300110 3. 30 113811.381 55( TVA 30 31/1003 510 181331 30 31015 S.I. NalAISSHSS V T+I33dS 01 SV HINDIALOIHD NVONlblu 0131301111/ 30 30011 0 3.1 30 NOISSIYI NCO NO Nd 3N1 AB 03 808d. Allla S. 005 1010905 30 1Vld 5111 -- -AO 300 .1 -- 3 N0 10.0 0311833 AB383H 00 NOISSIWW03 N-ld 013131(10!3 30 3050310 3110 30 N-119 roH3-- SS ( 'SIONmmI 'A1Nf100 TT0ON3N 'IIHSNMOI 0105-00-0N NI 201019321 10/02183 0011/1 3111 30 1503 9 30209 '(81802 92 /19519901 '21 NOLL335 30 0/1 15039100N 3141 30 180d TW 30 AlNroO SIONITI 30 30V1S NOISSIWINO3 NV13 MI LLNIJ SIIISID O1 Q EIIdNIV Id NIOISInIagns AO Pvild A2IVNII"IITThd OZ 0 1/ 55 ( 111 031VO 30 310900 SONNA 30 3.15 31 V 3031103 0 5.310 V Oi 301N (3110. 10193) 3911 1101(95 OM, 091010N 30 AVO - S. 3035 3108b10N ONV ONVH AW 9130/113 N3813 141103 13S N1383H1 53503893 nob 30513 3110 803 'AN.V103 A1NBYn 031101(1 OIVS 30 13V A8b1Nn00A ONV 3383 3. SY ON1 13 V A8Y1Nn10N O 3383 .MO 813. Stl 1 N311n815N1 Oros 3111 0383^10 ONV 0311015 A3H1 10110 030031 .01(1(31 ^11083/135 0NY AlLN102 ONb N0593d NI AYO SIHI 319 58se38 038503330 '^11911033538 O0b -- 300 1N3Wn8L5Nl 01(0 05 '03 321 01 /381005/331 381 IOSS311.301 35019^ 51(051133 3 19505 3111 38 01 32 01 1(0101(1( ZIlYNO5b3d 35050 OHM '^1(031900 AlniBtln 0301191! OIvS 30 (311 1) (3110) (31101( 1NIBd) ONV (30109 1N19d) 31015 3110 NI 011(913 01-5 3110 1103 ONY NI 31180d 080111( V 31/11 1018d 3 8915035 -- OL '0 '1/ - 33111 1531150 1-110 ^311 833 A93a3H 00 010538030' s5 ( 30 A1Nn0J 31Y1S 31 VDHIJ3I1 3 S,AOVI ON 31111 11( 1(d 3 1111 3aNYN01S AB A/0 SW IV O ILVO 31101( 913 1(00 011002200 013 00101/ 30 511199 3.1 011 1110 01391113 S311 001S11110005J010S '331139 000 300333000 5831100 30 1538 3. Ol 'ONV 0105310 34 030 09805 DONS 0933093 301 0011 ^311233 01 51 SI. TSIY 01YS380. TILL ON- 3U. E 3. 913131111110 38145 3 13000 ONV 3003 M10NN3v AB383H 5300 AN-dW03 09111-1!01(10111 OIVS ONV 'S31111V1S A8 030108d ONV 0300110 S- ON/ 8.03 H1 135 N1383 535 05003 ON- s n 3111 303 ' 311 1(00115 SV 0300 9895 ON- 130 095 3B 01 ^1113305033. 03 0.3 SY H ' 83 1(/00 HJ9S SYSONV 1(038311 00005 ONY 038180530 A1N3d0ad 3111 30 831(00 3111 SI ANVdY103 OnIB-n 0311 Wn Nb/ Y 10..11830 01 SI 5. 30 010003 55 ( 30 31015 ;11 .03131.1813 SaIO NN O EXHIBIT 2 SITE PLAN 22 le 17 1.8 75. ROW DEDICAIION PROPO SE!, 5 0' RI PROPOSED 143RD STREET EXTE NSION DETE NTION IANL-840.00 NWL-IM OD 1111\ BOTTOM .1..00 IIIIII'll IIIIIIIII 111111111 111111111 111111)111 111111111 PR OPOSED BUILDIN G f t t 1.222.640 SF FFE = 665 .00 111111111 1111111111 FIR ox 1 t PARKI NG 11111 1111111111) GRAPHIC SCALE M f0E1 50 1� // / 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 NWL. 636 .00 9OTTOM.68400 I GC I DO 9 B ourc Y ou 1400492-0123 rr 144 w JgJ ga w 0 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 0 c 0 m 0) (D a S 0n 17 0 -•I 0 3 0) D) in -0 0 m 0 D 0) 0 5- 0 (P a O 0 O n O 0) mT V 0 77 -n 3 0 ED CL 3 glY .9 £ PART OF SECTION 1112, TOWNSHIP 36 NORTH, RANGE 8 EAST, OF THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS See Sheet 13 sad, lf-3 S ta.. 97 65 1.4131.0522.011R01121] yNMM13.38 .Loa Lln Tn 0, JO HNSO N �oonx r",'R0 KD 0004 19 57. 957. 90 41 66 0636E SY. 513111 0 11 80.00, ‘1 M. 50.10 00,4 0004 y 11 3.1 SM. _0.00,00 TYM. Rwtl - — ----------1 - 0y 41W21' N66 40R W E) M-_�.----�-t- y - zv.l. 900000 Bm23 Ser 6p2ew -__ _--- -- BO.Op R 09-01-900003 µ1W 0004 HOLDING 10.353Aoes 0004PE 4.9441.M) Ste 59 .8..53 o=x 3ra' ,aO.� . L, .1.100 OE .30 36 -----CN _00.58'06 W 630.92' W -y T 191191.7.3.iB i? *" T2eSM . 1 8 1 la I sy nt' RL � llq bl I ft..P.40 W For Senn. n .*.ebr TAmm., I IY Italwlrl Remmza0zo0ot9Oz9 1 1 'III I 9s� g T mil hl L!J 1 5I Qgl'•I Oa h .— - 0006 IIfe l 4I llg l $OI =o F I 1 ' 1 g' B..BRBM,s Pe rCMrenx6 mn See Sheet 12 PrOpOSa d Permanent Ea se.. - - - ti -.131.0--97-N-67. 1626.7 "' --- S M.���— 8 PIN. 0313203002 TO TAL NOD DING 3.9313.4. 9Y 5.315 32 10030 12. pn•Sp60 • Propo.ed ROIof-Way 1.9,900 6 6.43020 0.3 05910 E NS0 .1T' 143 RD 57 STREET - - --Pr op osed R!ght-AY'hy- PO. 0W4PE S M. SMSO .M 30 .00 LL PI N 06-01d1C1 1002 Pen. ac05 T OT AI HOLDING 125.971 /na ve G RAPHIC SCA LE FEE T VklEf S EC TION DORMER LEGEND OIMmER C ORNER SECGO N / QUA RTER SECTI ON UNE PR OPE RTY (0 LOT UN. APPARENT PROPERT Y IDE 061911 90 CE NTERLINE Eg3G. IM OwF WA Y LIN E --------------'-- For IPR OPOSER n ERAs EXISTING ACCESS CONTR OL LI NE E AS EMENT CONTROL LINE P RO P0.3E0 ACCE SS 129 3E SEAM/RED DI MENSIO N 10130(C OMP) C ONFUTED MIENS. 029 EC ORDEDRI ME.. ..i 0 I RON PIPE OR ROD FOU ND N ' X613- xAL BET k CUT CR OSSFO UND OR SET 9S B M•RE BAR SET ■ STANN O OF PR OP OS ED MOIWW AY. IDENTIFIED BY INS CRIPTI ON DATA AND S URVE YOR* RE GI STRA TION NUMBER6H OwN MI W ANIN G OF MO NT OF WAY IN CULIWATE O A D.* BURIE D SIB INCH METALRODROD 20 IN.. BELOW GR OUND TOWNS F UT URE SU RVEY ISOMER PONTON IUENTIMED BY COLORED PLASTIC TA D BEARING SURVEY OR* REGISTRATON NUMBER . S PERMANENT SURVEY DARN ER. 1.0 03. STANDA RD 2135 (T O BE SET BY OTHER S) ❑ RI GHT OF WAY STRONG P ROP OSED TO BESET See Sheet TO COMlfuslon A 4P RN A0r A-1,, "r •rqr-S 38'W'31 •E 1,193 11' B•T•' no r R. ,350.00' 6-1 1929' CO ero ' E 1391. AMY 646 RS .9BO.0 0 A'3057 Or•N Br2005-w 730 39' 0005A .1i •• 1 .• 6361230 N 'WNS 'E • r/1 ..�- Ne10rleR NlM1e NwsW402l3rNm,x l3B BM SMM.10 --. 28956,' SS66O 3YW •••• SOAP A< - ..12 15 • Ro 12o.W A-=,039 .10 Gems E - _ 2029 M' REVISIO N DATE: - REVISION MADE BY. - See Sheol T for Continuation • 3Ns.. .ntl 41.1.9.118 en r ebana.0I nra 8 Coordi nat e St eam, EM Zar a, N oce. 11,11.711111 Datum or144. X30011 Met e R en e • C oordinate s Ea Ewe,N�,Amerc an • AI<Imono4 Mas arem(301r.901 49 1) • All rneesurtel E nd calculated [late ncy are o dd mo ro am 904 990741Took/e n m ou nd 11 4 001578 u.Ynce . 1 try BAXTE OODMAN CawN1g ER G.. PLAT OF HIGHWAYS ST ATE OF ILLINOIS DEPARTMENT OF TR ANSP ORT ATION 143rd STREET ,4 Iwe el EUR 3nel nn) LIMITS: m94 . 7.el neo .0l.IPmpM COO 71 0 KEND ALL.* IDOT USE ONLY BE cn °N J OB x°.' R- STAgS30 TO STA61.00 SCALE: T"=50' SHEET 8 OF 15 SHEET S BURE AU OF L AND ACQUISITION 201 WEST CENTER C OU RT SCHAUMBURG, ILLJNOIS 60196 0 c 0 1 m 0) (0 0_ _- (0 1 0 71 R'' 0 3 co n D) -O 0 D) a 7 S 0) N. o n (0 7 (0 (0 CL 1 O 7 O D) 0 m 1 7 CD 1 --... .! O TD CL 0 O 3 WI PA RT OF SECTION 1112, TOWNSHIP 36 NORTH, RAN GE 8 EAST, OF THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS 8 0 Sas Sheet 6 for Co ntinuation 00 0 V] 0) MOM 32 0005PE-A 200,• N m•saxW sI _______________ a-r1 S4v RO.40Oa n WI .11.01' ClF aeaOSsre e..0sne .D9 ION RW3380.00. A:10 .92. Ch, N S00323 W ST Poe O.P� er2evo w iWOO' LL 0.14 -00-032 PaaLOANA T OTAL H OLDIN G 0005A sow n L. Nm.SNmmMY.al fSa .a2--8 _ - — ""— ---NVP 8m o 1MMNmmra k ul8eadan •• • S01.28.32140.30e1 ••• • 2, 895,41' SSr0016W No,h URO f Nanh.e008 ofS.Ion 12-50 -0 0 320110 ——----—— See Shee t for Coalman _ --------- .010008 T 3B.E98 AawC I4L N GRAPHIC SCAL E fEET 0 50 SC ALE:1 -ESP -------_OCOeeaVemle ------------- ---------------------- --------- LL 20 10.63 100.00' Lt 08,20.52 eO .OGu—___—_— —_ von tau WINIV SEC TIO N C ONNER LEGEND SMART ER 1 5 CORNER SECTI ON I °MARTEN SECTI ON UNE TATTED L OT LINE S P ROPERTY (DUD) UNE A PPAR ENT P ROP ERTY U NE EXTINC CENTE RLINE M —_ — P ROP OSED R E NO RKINT OC Of T UNE WAX ME ___ EXISTING E ASEMMENT W P RO POSED E ASEME NT An E XIS TIN G ACCESS UNE CONTROL 12E-221 C UNE 12sIMMU RED IN MEIGIIO N 129a2.100MPI C OWUTED DI MENSION f aa,T RECORDED DIMENSI ON 0005A EXIISEIN O eML OP ° a 1'032.68.0 . A\ 143RD '— STREET 0006 m. ieo_ou � O IR ON PARE OR ROD FOUND 0 - NAG- N W L SET ♦ wor CROBSFWXD OR SET f , 7-RmAR SET ■ SE AME D OF PR OP OSED RA NT OF W A, SET DIVISI ON OF HIG HWAYS SURVEY MARKER TO MONUMENT THE P OSITI ON SHO WN. IDENTIFIED BY INSCRI PTI ON DATA AN D SU RVEY ORS REGISTR ATI ON N UMBER. M STAKING OF PROPOSED RKIIROF W AY M CULTI VATED ARMS BURIED. I NCH METAL R OO. SURVEY MARKER P OSITI ON IDENTIFIED BY C OLIN CHES O NS° L LASTI C CAP BEARI NG SURVEFUT URE BELOW G ROUND TO MA RK SUR VE YOR'S REGISTR ATIO N NU MB ER 6 PER MANENT SURVEY NA RKE R I.0. 0.T . STA NDM02136(T O BE SET BY OTHE RS) ❑ RIGHT OF WA Y STAKIN G PROPOSED TO BESET St e R=16.11 160 22. Lt N WIN D, De I�s N. i1.2 e5t 64 eLL P ON 0606A M. 21•22 .01- 68 11 . LL BAXTEOODMAN R EV ISIO N DATE: - REVISION MADE NY: - C ons ulting Engineers Na n • Bearnnts E NS*P . Ca llaBY. N, Ad Maa s a • asforme os . Nat Nada DoS, of 1w, bdd (N MI ER UEMmMI • Coalman Me N,.N O0ID.a SUN P Ua . 04 . area E. E .M Nor . Sara n DamDm M 1 Ea. -.dd- D0111 d) N.MN nt) • AN Maas are alai. ma n saran • All masa and caeca. am en.00,1 E Yo obtmln ground 0 0... O N. grid damn Pao ealnal en Asa of ANDIENS . Se e Sheet! for c ontinuation Pr op os ed Permanent Easem ent 68i '4026•W - Prapwed R pHat-0Iall 00 S ae Sheets ler Co ntinuation PL AT OF HIGHWAYS ST ATE OF ILLINOIS DEPA RTMENT OF TRANSPORTATI ON 143rd STREET (1Vool E Xt en.(On) L.T.: TU.Un IS0401. m OP,V !DOT USE ONLY EE CT ON:. SY&56+50 TO ST A.T3.00 COUNT Y: XEND ALLI'Ml l JO G NO.: R - SC ALE : I•=50' SHEET_ OF SHEETS BURE AU OF LAND ACQUISITION 201 WEST CENTER COURT S CHAUMBUR G, ILLINOIS 60196 You created this PDF from an application that is not licensed to print to novaPDF printer (htt 1/12 8 KEND ALL PA RT OF SECTI ON 6/7 , TOWNSHIP 36 NORTH, RAN GE 9 EAST, OF THIRD PRINCIPAL MERIDIAN, IN WILL C OUNTY, ILLINOIS 3 n b � I5 � KENDALL See sheet for Continua tion 0.1400-002 Porten 0005 T OTAL HOLDING 1299 24 Acre s 0005A 0005PE-A I R-9. 9DD,00 law• I , , cnsee'mer e'f.tM. or Sa .TwTeR 9s/ �4 G r1T11�—______ ,00.WLL� NAM LL71• 2St —TFIr W r 19 Nj". ------- r- oMO LL --_ PmpRMaO Permanen t Ea semen t R1.00.0 208.9ru. 647 141 M•NOZr E • 123 5%' NBr9D%' E--�_-__.__._ ._�___ __— M ua Lk* ..—. pwpoesd RiOM o,-WRY S9e.n' -S WORE.. B ,I MOO— Ms ofh NUBI.N %ae. n 12-90-0 2.9959 000M .. . . ..-A SSN.. "ce TtU NO MU 114 - 17) m fQ m�Neiy-ij See Sheet fitr Con tImalion — R y�012 A PI.x . .8-12.200-002 PaNa l OON MG 00.000AaM 070. 0006 143RD COUNTY 11101 1212113. E NOB OCA SPE B 0 00 6 . ».00 .94 SIN Ma 76 •27.P1 1 STREET P p�� w ¢hrarw�, - - es 10;9189 MU SIM Ge n On e Section lava WI 19. N 117190201E Te.a.a 21JS9'Lt Found K. Pm Me e et N oti on Coma es per Ninnum. R ea. It IF �m .aou .w 0008PE -------7s+row-a{}y�� ----z , 99 RP PrO008°O Rlpht 0{wy—_--^`+:•ie3p: �'Z�'' •w '+ .B�T gb Se e S M. S—�BBbBZp-E� A<+.BTS.g M I Or COIMMI etlon d+tOg0j2 .+.1 `_i __ rM 717 ' SU' _— N WILL . LL 0 1 Pl. CB m 0 01 Panien 000B T OTAL HOL DIN G 175 702 Acres itest SE NT. CORN ER LEGEND T EN 5 C ORNER PLATTED LOT U N. DPE RTY(OEM)LINEP P, APPA RENT PR OPERT Y E EnSn xb m ow OF my UNE PR OP OSED M OT • EASEMENT YLME P ROPCMEIT EAS EMENT Ac ecisnNO AC CE SS C ONTR OL UNE 1$B' = ACCESS C ONTROL LINE ME ASURED DI MENSIO N E.OT (C OMP) C OMPUTED OIMENSIO5 L1N .,2 REC ORUEo Dew. -0. i //1 111 / EXPIRING B uiTteM3 O ION PIPE OR ROO FOU ND } C UT CROSS F OUND OR SET ■ ST AI ON O Or P ROPOS ED FRONT CE W AY. . W S ET • Me RE AM SET SPr oi vI SION OF RIO... SURV EY KAMER TO IDENTIFIE D BY M SCRIPT ON DATA MO SURVE YOR'S EN T TI E POSI TI ON S HOWN RE GISTRATION NUMBER . EN STA ND.. P ROPOSED RI O. OF WA Y IN CULTIVATED AREAS . BURIED. INCH MET. ROD. INCHES BEL OW GROUND TO MARK FUTURE SU RVEY MARKER POSITION IDFNKFIED BY CO OREO PLASTIC CAP BEARMO SURVE YOR'S RE GISTRATION NUMBE R 50 PER MA NENT SURVE Y .RKER, LO .O.T. STANDARD 21% (T O BE SETB Y OTHERS) ❑ RIpR OF WAY ST AKING PROP OSED TO BE SET 0008 POO DOOR POD 0008 aR nwD.o m R•S9w" ChWi S Tf=waO q{ BT 1.2[1. 5w Sheet B for COMKIO shan '--_ --_—_ . er ean ,,. . .._ • N ord, L ee of Fm No..32 of SeumnTs.e Fours Fa n Rae M SeoOon Calve COUNTY REVISIO N DATE: - R EVISION M ADE BY: - Se e Sheet 9 • S eanpa Ono Moon. are,eN pmza m n n. a8SYamna E. Tuna. Il e. Am erican Oma n of (MI adj ustment) • Camel.. are b as ed on MAM A NsIe Nene • " .8BBB 0no4pnn,No.w .Hmn Datum of 7 Mlen em eMtle BHtl a ab naa To I NB.obtain t m biI na wn P m, of 0.3 99 9.. BAXTERIANOODMAN ConwMi q m ynas PL AT OF HIGHWAYS STATE OF ILLINOIS DEPA RTMENT OF TRANSPORTATI ON 143rd ST REET (W ave Ext.n.I on) LIMITS : ro� Im am PmP•b C OUNTY: KExAAUiYnu IDOT USE ONLY sECTwN : swMtl J OB N O.: R- ST R89 +00 TO STL 131•50SCALE: I'=50 ' SHEETB OFISSHEETS BUREAU OF LAND AC QUISITION 201 WEST CENTER COU RT SCH AU MBURG, ILLIN OIS 60196 You created this PDF from an application that is not ensed to print to novaPDF printer PART OF SECTION 1112, TOWNSHIP 36 NORTH, R AN GE 8 EAST, OF THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLIN OIS ( PAN . 06-1 5100 60d xee1001 10UHOLDING Aaw (No BUNTIN) Me 19 6.69.30 swSII0 9611 — — — — ___---__ �__ ror comm 0euw, — — -- — ProposeER9ht-of-711___101 ®Ilealrx— ter ena�i0 2..1700 S OMAS •••• •••' - ------- 4ROAD A D '� PC B0007•• v6W.Br x20. 9320. 02 •• RIDGE __ - - - �S93RrA. W • 9TO9S 380,•6333'0 194 __ 191 _ 7�}-y_� Est Line of NedarlY. 11.1 !00 __ :— —_ .. 3 NOrSe , 12-38 6_ -.195 - ___ —_ _ SO1•ASrE V EBB Lt' - M�Noren - I,�a6.io—N ois,mw' _-- Woo9 ,0 Sedate lzse9 4j j 0006 GRA PHI C S.I.E 0 FEE T I See Sh eet 5 iii; 0 5095110915 /b Is = Ce vi t er C onei3 OBtl on E i "c '11-11;11—'— I 81' o— gC S• nu.ti5 � Ilnr conrim 1„ 7 �Y{{�Q kk PLO.09-01 .20 994 Ali I,EA �f' II pi ;$ Ili •I 0 I IR F f/! )I III 1i Sta. 36.63 1i I �L38 .20 I►eni .140 BECTON COR NER LEGEND lea)15 SECII ON CO RNE R - ---- SECTION I WARTER SECTN NI ONE RATTED Lm LN LB P.' APP ARENT ONE UHE ESI.IING CE NR RUNE - EXI SIW O MONT 131F WAY LINE INSOP ONED RIO NT OF W AY LINE PROP OSED E.E NE NT •D FAS O. ACCES S CO NT ROL LNP .- PROPOSE D AC CES S CONT ROL LINE DI MENSION 126321CO MPI C OMP UTED rxiNN 110.33, RECO RDE D Sm.101..98 SE W R N WbSa= = _ PAW �Iyj911tOLW� _ _ — — �N Ot•6.,r W _ _ _ _ _ — _ 03 .700 TEN S RI. L ERASE MpmswryP e Women. o nd Olaupap St e 49.9710 WOO' Rt. FRO Sr Comma MY. Berso n per M on ument Rewtl203'NM1W24 P IN 0.12-20 .10n Peres, 0006 TO TAL HOLDING 9 1' IIIIOB 9001 g OBOW: II FF naaN L� �4 t�Ts BLL 20,49 .38 S SC Id O IR. PPE OR R OD FOUND + CUT GR OSS P OWS OR SET - MAO- 6/P MBA R B ET • SNOW OF PROP OSED RX: NT6 W AN. S. DIVISIO N OF HIG HWAYS SU RVEY MARKER TO MONU ME NT T HE P0615100 SHOWN. IDENTIFIED BY INSCRI PTI ON DATA AN D SU RVE YORS RE GISTRATI ON NUMBER. ✓ STAION O6 P ROP OSED RESEW W AN R CULTNATFD ARE AS. BU RIED .INCH METAL ROD 20 INC HES BEL OW GR OUND TO MASK FUTURE SURVEY M AKER ON IDENTIFIED BY COL ORED PUSTC CAP SEARING SURVE YOR'S RE GISTRATION NU MBER_ Si PERMANENT suave, I10 06 9t,I.O. O.T. STA ND ARD 21]6(T o BE BY OTHER S) ❑ RIOT OF WA Y STAKING PROPOSE D TO BE SET Pa RNUW3 T OTAL HOLDING 9M Aar PAN . 08-01 -3C0.096 (No Stee n N ° 3 •nn)Fl.,. noi .ere reltr.nor e„Deno!. 111.• Pla no Coordi nat e 3S a$"l E.# Eon.. 9 .6*, lim arlr atn Datum.,I ' ..t n:'IN1 ea • 36 5.1wl 2one ,Nor. Am.5onn D at um of . "NM, Ile„ Bxeeme ,O • All ,ImNmer.m neror .p rler oM.N dee • All me as ured a nd calculated dIala no es we grld. nthe camera e. teeter w o .wWTe. 2 0[.1].00 38893 9OI .63'AS •E See Sh eet 1. W LL for C ontinuati on 811 ea RlphMo4Wg1 E 1eple 9WYWr Meamen Nd en60eaP S6 09200 .13 29 I 4 9 Mele Pt381 lMSeeseme e"n Wed SELL B ere.Sms m Y. sMan Lim Ttod' Nree eTee*W .10 31 I2T.31 a64peie IN38-9 mawrlY . 2� N ( -138 201 dtire .-; -67, _ - ---- --- -T ....Sr.) .AMISS WUILLe AA Soutlw e—r 01 .53'NO•W • • 11 A6A3' NOt •fi3'AO 'W MS.. Row Ste •' 1.3829 2 N •Ii . 2A1S.26' N0159'dOW • ••• m. 2.02020 tPeke R sWmlwn Roep sm, 20o Er Rltlpe R. 0004 r IM SOW, E • Ce I it E Ii to 418 001 0004PE �I r k 1 4iVIg A11 71 Y ce I I 0004 I \ 1 g�I�T � ei I � I, Tr 61I • 5 W trz wo9a2 N PLOP..FU9ht-o0-W0Y — W ASP s2123,2•2_ (/) S ee Sh eet 13 /�s� 1 .38 .46 S10.7f or C onti nuatio n S.. 51 .38.14 See Shee t • See Sheet 6 b re Shee txm ^/ EC M.e1.13 91 oe0 02 523 Sh eet O for Co nsren een REVISION DATE: - REVISION MA DE BY: - —av P 06 61.406-003 1 .03.16 16.383 aTOTAL 000a n nna BAXTE OODMAN Ce nsurs g Engineers PL AT OF HIGHW AYS ST ATE OF ILLINOIS DEP ARTMENT OF T RANS PO RTATI ON 143rd STREET ryZMEt en*I on) LI MITS: •npeC OUNT Y : KExoualwlu .DOT USE ONL Y BECTax: JO B NO .: R- m I a. .o.i STA 192+50 TO STA-203400 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 /Ofconenueeo n _ _ _ PmOG sed RIg'lt-Or 9 — — Sta.1924 79 99 0) — I 0007 See Sheet 11 w0M1' 93 ISacEn1M a M 2 3 —1Gs ro,North east Ye o�19ectlen 239 5 12912; N�1950 13 W G 192+80 47 ST SPIN Sta 194• 18 913 72 EY RI ,00AN G Yra 0 a INaBolelinerd SIa.19&x ,30 82 17' Lt G RA PHIC SGLE FEET 0 40 I See Sheet 5 G Q r. S See She et 5 S' ^ IT ;/ 1s for C ontin uati on I lIg YJ 6r•—frr Se e Sheet $ 'f or C onE nlwtion W�A I2, „py l, IiO%' IA II 9 Ii LEGEND CECTI ORNER 15'9CORNE R SECTION / QUARTE R SECTION LINE PGTTED LOT LINES PROPERTY IDEED)LIN E AAAAA ENT P ROPERTY LINE EXISTING CENTE NO.. P ROP OSE D CeNTER UNE EGGIN G RIGHT OF WAY LINE P ROPOSE D RGHT OF WAY LWE EXISTIN G E ASE MENT PROPOSE D EASE MENT Ac EXI STING ACCESS CONT ROL GM PROPOSE D ACCESS CONTROL LINE 328 ir ME ASURED DI MENSIO N 1221CO ■PI CO MPUTED DIMENSI ON (109.27) RECO RDED 0II.ENSIOR ,;s m z 2, Ids •I0 $11 I1 8 I Z _I2, I00 35' Rt I, I� 0/ Imo= 11 I El Gel 900.ati 39T E---__—_ I ` 0001 I€aran9�i. onla.w ay as wm—a'aa�,ea-- ---11 , Pb c ooBw Sta G• 5143 B Rm M-mo a R oad N emm�a mae area D�nm.a N 911WIEF• •• RIDGE R 0 A D '• . r 005PEn ----=re m . - = — m4rw --- = ==Nm 94 3r ) x0+'9999.0 • 197 199 •• 3 •• 1 N°MVO W 25 N at Sr40 w • •' 9M.H 186 __—__��_ e.• 382, S ectio n031 .131 2)0.31') 201 of 5ea bn 130a aBoeMY 2 O1 —' - - of oltlre Sw M � I J06 Ai' N 097 x 02 lfe0T .5' DI .5340w _ __ ____ ___—__ '�_�_— ice_ ...• Sta. 50.00 .00 143rd StreeabM1nunpRme 6 B52A7 y { 500.0 SOt'68M'F I 11�3U.tO�NOt•61V1• ) 1 Ste209 -K W.00 Rick's R oad— IX„RI9Mof-W ay eaMonumen Na and OCmdaer j_ 0004 EXISTIN G SUIL DINO g,01-300 295 PI NB6 � r g o°GSta Lt ° ste ;0, .3956 UM' Lt . 04 IR ON PIPS OR R OD F OUND ® WIN G. + CUT CR OSS F OUND OR SET • Nr REA R SET ■ MARKERSET DI VISIO N OF HI GHWAYS TO MONUMENT THE POSITI ON SHOWN . IOE NTTIIFIE D BY INSCRIPTION DATA AND SURJE YgYS REGISIGTI ON NUMBER. STAKING YK GRIME/8INCH MP ET.ROO 20 NC KES BELOSE D MINT OF W AY IN LOW GR OUND TOULTIVATED MARKFUTURE SURV EY MARKER P OSITI ON IDENTIRED BY COL ORED PLASTIC CAP BEA RING SURVEYOR'S EGISTRA TON NU MBER . PERMWENT SURUEN ' MARKER, 10. 0. T. STAN DARD 2131 (TO BE SET BY OTHERS) U RI GHT OF WAY STA KING PR OPOSED TO BESET Parcel 0003 H OL DI NG 4.934 A cr es ( N4 Boil dm04) • Be admis and dista nc es ar e r eferen ced to Illinois St a. Pl an e C oordinate American Datum of 1903, a' (2ut Wine, entl • CoordInGs are based on Illin ois State Plane eri ca m00 , 00 7 asl2one .NnAmn • dimen sion s ar e me asured nl eoo s s om) ene s@ St a 992+] 181 598 96 301.63,40E 92 S ee She et 13 for Co ntinuati on 1 0006 L Ste..3.55A9 Z .9DRt. Found PK N ellie, Swam Rt 8.98 Romer 109200OBBmument 9024 Pmpoee d Ritt-of-Wa Y _ 051. 0' NN 01• SOtT M___ _ _ _ _ Ste — — 111930Rt. PI.N G6-12,200,0°° Fe ra coos TO TAL HO LDIN G 38.935Acres Ste 51 +22 23 80 OUR _ .� Proposed 09hl _WaY MARE 90 '5340_ for Continuation 13 1' U7 7.\ rA.07 .W43 See Sheet13 0 , 9/ P1 Opoeed Rk5ht -0t WBY1Sta r? 09' Lt 29 ! 10 1 ••• 1 .950 21' x01.63'4040 ' nf4 n3 i— tll 0) 51+ 38 Ste 51+15 SI 90.99 u� 100.00 u. 0I .1 0004 T; See Sheet. 6 See Str eet 6 for Co ner olato n N 92Idln90) BAXTE uV00DMAN C onsult. 515111xs PLAT OF HIGHWAYS ST ATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION 143rd STREET (w2, 51 E.te namn) LI MITS : eo a nee l nau s0el ep.ry IDOT USE ONLY SSTA 192 182 50 TO STA .203 e00 SC ALE: 1"040' SHEET 12 OF 15 SHEETS C OUNTY: KEND ALLAVILL JOB NO.: 5 - BUREAU OF L AND ACQUISITION 201 WEST CENTE R COURT REVISIO N DATE: - REVISION MADE 02: - SCHAUMBURG, ILLINOIS 60196 PART OF SECTI ON 12, T OWNSHIP 36 NORTH, RANGE 8 EAST, OF THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS 66 st Si zi Eat Lire N 1M NwR Ra1 Y. NSa.17, 1R: - Wesl Llre° f �Me Mm�lseest#NSecMon lx - Found PK:r MonC entrem as°b° 20070000 9867 GRAP HIC LE FEET S CALE:16.RP 0208utd62 0) LE GEND S ECTI ON C ORNER CO RNER R 15 SECTI ON SECTI ON / QU ARTE R SE CTI ON LINE PLATTE D LOT LINES FPROPER TY DEDI LINE AAAAA ENT P ROPERTY LINE — EXISTIN G CENTERLINE P ROPOSE D CE NTERLINE EXISTIN G MONT OF WAY LM E PR OPOSED M ONT OF WAY LINE EXISTIN G EASE ME NT P ROP OSED E ASE MENT AC EXISTI NG ACCE SS CONT ROL LINE PROPO SED ACCESS CONTROL LINE 12 8.321 ME ASURED DI ME NSION 105 .0' (C OMP) CO MPUTED DI MEN SION (125 .0) RECORDED DIMENSI ON PI . N. 0B-1 2-10 0 0 04 76688 A wes EXI STING BUI LDING 0 IR ON PIP E OR ROD F OUND CUT CROSS FOUND OR SET • - SET • SDMBAR SET ■ STAKIN G T DI VISION OF PROPOSED HWAYIS GHT OP WAY SEDSU RVEY MARKER TO M ONUME NT THE POSITION SHOWN IDENTIFIED E re INSCRIPTION DATA AND SURVE YOR'S REGISTRATI ON NU MBER. Elm ST AKING OP PR OP OSED RI ON, OP WA Y M CULTIVAT ED AREAS . BURIED 5/8 INCH METAL R OD 20 IN CHES BEL OW GROUND TO MA RK FUTURE S URVEY MARKER P OSI TON IDENTIFIED BY COL ORED PLASTIC CA P BEARING SURVEY OR'S REGISTRATIO N NU MBER . PERMANENT SURVEY MARKER. ID 0.T . STA NDARD 2138 R0 BE SET BY OTHERS) D RI GHT OF WAY STA KIN G PROP OSED TO BE SET State Pl an e Candies . System, East Zone. Nord. a "grid" I2011 adj ustment) Co ordinates are ba sed on Illi noi s State ne C oordinate Sy st em . E ast Z one. Dat um at 198, std" North 12011 adjustme nt,stm ent, Am eri can • All dime nsi ons ar e m ex ur ed u nl es s oth erwise See Sheet 12 for C ontinuation Ste . t88258'2 56 y — Thor." Lt _— -- Lt------�Sa1.6P1YE —_-- WI8 N G . xa,.w no+6Erew •• 0=140° RIDGE R Waa o rwMW E -6 D. • 551 awl c�= 188 180 f00 _ aam •woa'i 2- 891,N01.6Y05• W • y, A 3242 RI SSW 0007 N Ex is ting Right-e 8We1 a° M onu mmded an d O ccupie d $ I J� BRA0000T RI PI N W-12-200007 Prece T 60.0HO LDING49 Awes ND 0001 r 1AES.c/' NO1•ED O9•W •• 0 A D a B7 •W NWW NWt 08c] W •198 184 195 +00 192 tstl Lt _ -=�=--�— * (1,9U.t tl MOt•E1'lT 'W) �___�_�_�_0o150 9S—�_� 186dx NO1•EDYe•W Ma. 102 .80 47 57 56 REVISION DATE: - REVISION MADE 8Y: - 0006 Ma 194+10 98 52 67 RI 15 00' E _ P1oP Os ed Right -Of -Way 451,1r_ N PIN. 06- .002 T OT. HOLDIN G 39 936 Acr es n1 0) 0) 0) U] S ee Sheet 12 for continuation BAXTEfN00DMAN Nitg Engineers PLI NIIIII HLO ROAD • CRYSTAL S AILS IL 60012 PLAT OF HIGHWAYS STATE OF ILLINOIS DEP ARTMENT OF TRANSPORTATION 143rd STREET meal E06 000i 0n) UNITS: m e 1e41nd+0flI ap +M C OUNTY '.K ALUWILL IDOT USE ONLY sT'4; - JOB NO .: R- ST)8187 181 45 TO S TA I%100 S CALE: 1"=40' SHEET 11 OF 15 SHEETS BU REAU OF LAND A CQUISITION 201 WEST CENTER COURT SCHAUMBURG, ILLINOIS 60196 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