===== PDF PAGE 79 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: __ ©: @. Resolution No, 20-R-0057 — Partial Property Tax Abatement — Scannell Properties #371 LLC FILE NUMBER: COMMITTEE AGENDA DATE: N/A COUNCIL AGENDA DATE: 12/7/2020 STAFF REVIEW: SIGNATURE APPROVED BY CITY ADMINISTRATOR: SIGNATURE ITEM SUMMARY: Attached is a request for a partial property tax abatement from a representative of Scannell Properties for a 250,000 square foot building in the DuPage Business Center. Also included is a property tax analysis and an IGA. This is a speculative building for which Shorr Packaging is interested in signing an eight year lease for the entire facility. This IGA is nearly identical to the one done with Midwest Industrial Funds, the other speculative building in the DuPage Business Center. STAFF RECOMMENDATION: Staff recommends approval of Resolution No. 20-R-0057. COMMITTEE RECOMMENDATION: This item did not go to Committee because it falls within the parameters already established by the City Council and it is nearly identical to the one done with Midwest Industrial Funds. ===== PDF PAGE 80 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 20-R-0057 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WEST CHICAGO, DUPAGE AIRPORT AUTHORITY, WEST CHICAGO LIBRARY DISTRICT, WEST CHICAGO FIRE PROTECTION DISTRICT, WEST CHICAGO ELEMENTARY DISTRICT 33, COMMUNITY HIGH SCHOOL DISTRICT 94 AND SCANNELL PROPERTIES #371, LLC IN REGARD TO A PROPERTY TAX ABATEMENT RELATIVE TO THE DEVELOPMENT OF THE SCANNELL PROPERTY BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute an Intergovernmental Agreement Between the City of West Chicago, DuPage Airport Authority, West Chicago Library District, West Chicago Fire Protection District, West Chicago Elementary District 33, Community High School District 94 and Scannell Properties #371, LLC in Regard to a Property Tax Abatement Relative to the Development of the Scannell Property, a copy of which, in substantially the same form, is attached hereto and incorporated herein as Exhibit “A”. APPROVED this 7" day of December, 2020. AYES: NAYES: ABSTAIN: ABSENT: Mayor Ruben Pineda ATTEST: City Clerk Nancy M. Smith ===== PDF PAGE 81 ===== [Extraction: OCR (rendered-page OCR)] 800 East 96" Street, Suite 175 ff fl Indianapolis, Indiana 46240 T 317.843.5959 SCANNELL F 317.843.5957 PROPERTIES October 1, 2020 EMAIL DELIVERY Mr. Michael Guttman West Chicago City Manager City of West Chicago 435 Main Street West Chicago, IL 60185 Re: Real Estate Tax Abatement Incentive — 555 Innovation Drive Dear Mr. Guttman: Please accept this letter as a request of the City of West Chicago for consideration of real estate tax abatements in cooperation with other local taxing bodies. We have a potential tenant, Shorr Packaging, that is growing rapidly and is in need of a second facility in the Chicagoland area to support their customers. Among the existing buildings under consideration is the 250,000 square foot speculative warehouse developed by Scannell Properties located at 555 Innovation Drive in West Chicago. If Shorr Packaging decides to expand at 555 Innovation Drive in West Chicago, they are anticipated to sign a seven year and four month lease for the 250,000 square foot facility which would obligate them to pay a minimum of $8.75 million in base rent and the landlord to fund $2 million in additional improvements to the shell of the building. Additionally, they anticipate purchasing $1.5 million in fixtures, furniture and equipment to build out the new space and plan to create 16 (growing to 22) new full-time jobs, expected to be filled by DuPage County residents. In addition, they will employ 30 (growing to 50) contract workers to support thier peak business season between October and January. Subject to tax abatement approval, the lease will commence on January 1, 2021. ===== PDF PAGE 82 ===== [Extraction: OCR (rendered-page OCR)] 800 East 96" Street, Suite 175 ff fl Indianapolis, Indiana 46240 T 317.843.5959 SCANNELL F 317.843.5957 PROPERTIES In addition to the new jobs and revenue that Shorr will bring to West Chicago within this 250,000 square foot facility, a further boost to the local economy could be on the horizon via a possible expansion of this facility up to 600,000 square feet. Shorr's current corporate headquarters is located in Aurora, IL, and a relocation of the headquarters to West Chicago is under consideration if the company can make a satisfactory opening of operations within the existing 250,000 square feet at 555 Innovation Drive. Scannell has had preliminary discussions with Shorr on how that expansion might work on the adjacent vacant land parcel. The projections for jobs and revenue noted in this letter can be expected to more than double if/when such an expansion is completed. We are requesting consideration of economic incentives in the form of property tax abatement. Also attached is a spreadsheet illustrating property tax abatement in line with abatements agreed to by the City in support of other projects in the DuPage Technology Park. Shorr Packaging has been a community leader for 95+ years and intends to continue in that role. Further information regarding Shorr and this project accompanies this letter. Sincerely, William Linville Managing Director, Partner ===== PDF PAGE 83 ===== [Extraction: OCR (rendered-page OCR)] 800 East 96" Street, Suite 175 ff (| Indianapolis, Indiana 46240 T 317.843,5959 SCANNELL F 317.843.5957 PROPERTIES Company Background Shorr Packaging Corporation is an industry-leading, award-winning distributor of packaging products, equipment and services. We represent the best-known packaging product manufacturers and brands in the industry and are one of the largest independent packaging distributors in the nation. Founded in 1922, we have established a long history and success record, all attributed to one simple principle - listen to the customer. Our primary customer base includes E.Com distribution, 3PL warehousing and distribution, general manufacturing, pharma and food packaging distribution. We have grown our business organically and expect to grow to a $1 billion-dollar company by 2027. Community Contributions and Support In December of 2012 Shorr Packaging Corp. became 100% ESOP owned and converted to an S-Corp. We were named "Company of the Year" by the Illinois Chapter of the ESOP Association in 2015. We proudly employ over 420 ESOP employee-owners in multiple locations from Los Angeles, California to Allentown, Pennsylvania. Shorr has committed to growing our local footprint within DuPage County. In 2016, we consolidated our corporate headquarters and warehouse at 800 N. Commerce Street in Aurora along with four other locations into a newly constructed facility at 4000 Ferry Road in Aurora. Because of our significant growth, we have already outgrown this building. Our new building will expand our capacity to support the growing needs of our local customers. We plan to continue to hire and train additional employees in DuPage County as we build out our footprint here in the western suburbs. Upon expiration of our existing local building leases (2028), we plan to build a new corporate headquarters and consolidate into one building once again. ===== PDF PAGE 84 ===== [Extraction: OCR (rendered-page OCR)] 800 East 96" Street, Suite 175 A C Indianapolis, Indiana 46240 T 317.843.5959 SCANNELL F 317.843.5957 PROPERTIES Project Specifics Shorr estimates its employment and capital investments as follows: ¢ Lease: $8.75 million (base rent) e Building Construction: $2.0 million (interior improvements) e Equipment and Machinery Purchases: $1.5 million e Annual Equipment leases $59,000.00 If the project is located in West Chicago, Shorr also expects to hire approximately 16 growing to 22 new full-time employees and 30 growing to 50 seasonal contract workers. Shorr plans to pay average total compensation of $43,000, plus the value of ESOP retirement contributions and benefits. ===== PDF PAGE 85 ===== [Extraction: OCR (rendered-page OCR)] 555 Innovation Drive West Chicago, IL Real Estate 04-07-102-018 Square Feet Assessment Tax Rate Incremental Tax Due to Development Breakout Grade School District 33 Grade School District 33 Pension High School District 94 High School District 94 Pension West Chicago Fire District West Chicago Fire District Pension City of West Chicago West Chicago Library District West Chicago Library District Pension Dupage Airport Authority Warrenville Park District College of Dupage County of Dupage County of Dupage Pension Winfield Township Road Winfield Township Road Pension Forest Preserve District Forest Preserve District Pension Winfield Township County Health Department County Health Department Pension Total Abated Taxes Grade School District 33 Grade School District 33 Pension High School District 94 High School District 94 Pension West Chicago Fire District West Chicago Fire District Pension City of West Chicago West Chicago Library District West Chicago Library District Pension Dupage Airport Authority Total Total Tax Collected Total Incremental Tax Collected Grade School District 33 Grade School District 33 Pension High School District 94 High School District 94 Pension West Chicago Fire District West Chicago Fire District Pension City of West Chicago West Chicago Library District West Chicago Library District Pension Dupage Airport Authority Total Non Abated Taxing Authorties Sheet1 2021, pay 2022 2022, pay 2023 2023, pay 2024 2024, pay2025 2025,pay2026 2026,pay2027 2027,pay 2028 2028,pay2029 2029,pay2030 2030,pay2031 2031,pay2032 2032,pay2033 2033, pay 2034 2034,pay2035 2035, pay 2036 Totals 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 $5,197,500 $5,197,500 $5,197,500 $5,197,500 $5,197,500 $5,197,500 $5,197,500 $5,197,500 $5,197,500 $5,197,500 $5,197,500 $5,197,500 $5,197,500 $5,197,500 $5,197,500 $5,197,500 0.09877700 0.09877700 0.09877700 0.09877700 0.09877700 0.09877700 0.09877700 0.09877700 0.09877700 0.09877700 0.09877700 0.09877700 0.09877700 0.09877700 0.09877700 0.09877700 $513,393.46 $513,393.46 $513,393.46 $513,393.46 $513,393.46 $513,393.46 $513,393.46 $513,393.46 $513,393.46 $513,393.46 $513,393.46 $513,393.46 $513,393.46 $513,393.46 $513,393.46 $3,593,754.20 0.0443 $230,270.04 $230,270.04 $230,270.04 $230,270.04 $230,270.04 $230,270.04 $230,270.04 $230,270.04 $230,270.04 $230,270.04 $230,270.04 $230,270.04 $230,270.04 $230,270.04 $230,270.04 $3,223,780.56 0.002502 $13,004.15 $13,004.15 $13,004.15 $13,004.15 $13,004.15 $13,004.15 $13,004.15 $13,004 $13,004 $13,004 $13,004.15 $13,004.15 $13,004 $13,004 $13,004.15 $182,058.03 0.021888 $113,762.88 $113,762.88 $113,762.88 $113,762.88 $113,762.88 $113,762.88 $113,762.88 $113,762.88 $113,762.88 $113,762.88 $113,762.88 $113,762.88 $113,762.88 $113,762.88 $113,762.88 $1,592,680.32 0.000685 $3,560.29 $3,560.29 $3,560.29 $3,560.29 $3,560.29 $3,560.29 $3,560.29 $3,560.29 $3,560 $3,560 $3,560.29 $3,560.29 $3,560 $3,560 $3,560.29 $49,844.03 0.008135 $42,281.66 $42,281.66 $42,281.66 $42,281.66 $42,281.66 $42,281.66 $42,281.66 $42,282 $42,281.66 $42,281.66 $42,281.66 $42,281.66 $42,281.66 $42,281.66 $42,281.66 $591,943.28 0.00116 $6,029.10 $6,029.10 $6,029.10 $6,029.10 $6,029.10 $6,029.10 $6,029.10 $6,029.10 $6,029 $6,029 $6,029.10 $6,029.10 $6,029 $6,029 $6,029.10 $84,407.40 0.005034 $26,164.22 $26,164.22 $26,164.22 $26,164.22 $26,164.22 $26,164.22 $26,164.22 $26,164.22 $26,164.22 $26,164.22 $26,164.22 $26,164.22 $26,164.22 $26,164.22 $26,164.22 $366,299.01 0.002728 $14,178.78 $14,178.78 $14,178.78 $14,178.78 $14,178.78 $14,178.78 $14,178.78 $14,179 $14,179 $14,179 $14,178.78 $14,178.78 $14,179 $14,179 $14,178.78 $198,502.92 0.000165 $857.59 $857.59 $857.59 $857.59 $857.59 $857.59 $857.59 $857.59 $857.59 $857.59 $857.59 $857.59 $857.59 $857.59 $857.59 $12,006.23 0.000141 $732.85 $732.85 $732.85 $732.85 $732.85 $732.85 $732.85 $732.85 $733 $733 $732.85 $732.85 $733 $733 $732.85 $10,259.87 0.004577 $23,788.96 $23,788.96 $23,788.96 $23,788.96 $23,788.96 $23,788.96 $23,788.96 $23,789 $23,788.96 $23,788.96 $23,788.96 $23,788.96 $23,788.96 $23,788.96 $23,788.96 $333,045.41 0.002112 $10,977.12 $10,977.12 $10,977.12 $10,977.12 $10,977.12 $10,977.12 $10,977.12 $10,977.12 $10,977 $10,977 $10,977.12 $10,977.12 $10,977 $10,977 $10,977.12 $153,679.68 0.001002 $5,207.90 $5,207.90 $5,207.90 $5,207.90 $5,207.90 $5,207.90 $5,207.90 $5,207.90 $5,207.90 $5,207.90 $5,207.90 $5,207.90 $5,207.90 $5,207.90 $5,207.90 $72,910.53 0.000209 $1,086.28 $1,086.28 $1,086.28 $1,086.28 $1,086.28 $1,086.28 $1,086.28 $1,086 $1,086 $1,086 $1,086.28 $1,086.28 $1,086 $1,086 $1,086.28 $15,207.89 0.001452 $7,546.77 $7,546.77 $7,546.77 $7,546.77 $7,546.77 $7,546.77 $7,546.77 $7,546.77 $7,546.77 $7,546.77 $7,546.77 $7,546.77 $7,546.77 $7,546.77 $7,546.77 $105,654.78 0.000058 $301.46 $301.46 $301.46 $301.46 $301.46 $301.46 $301.46 $301.46 $301 $301 $301.46 $301.46 $301 $301 $301.46 $4,220.37 0.001141 $5,930.35 $5,930.35 $5,930.35 $5,930.35 $5,930.35 $5,930.35 $5,930.35 $5,930 $5,930.35 $5,930.35 $5,930.35 $5,930.35 $5,930.35 $5,930.35 $5,930.35 $83,024.87 0.000101 $524.95 $524.95 $524.95 $524.95 $524.95 $524.95 $524.95 $524.95 $525 $525 $524.95 $524.95 $525 $525 $524.95 $7,349.27 0.000939 $4,880.45 $4,880.45 $4,880.45 $4,880.45 $4,880.45 $4,880.45 $4,880.45 $4,880.45 $4,880.45 $4,880.45 $4,880.45 $4,880.45 $4,880.45 $4,880.45 $4,880.45 $68,326.34 0.000331 $1,720.37 $1,720.37 $1,720.37 $1,720.37 $1,720.37 $1,720.37 $1,720.37 $1,720 $1,720 $1,720 $1,720.37 $1,720.37 $1,720 $1,720 $1,720.37 $24,085.22 0.000113 $587.32 $587.32 $587.32 $587.32 $587.32 $587.32 $587.32 $587.32 $587.32 $587.32 $587.32 $587.32 $587.32 $587.32 $587.32 $8,222.45 0.098777 = $513,393.46 $513,393.46 $513,393.46 $513,393.46 $513,393.46 $513,393.46 $513,393.46 $513,393 $513,393.46 $513,393.46 $513,393.46 $513,393.46 $513,393.46 $513,393.46 $513,393.46 $7,187,508.41 0.044304 $92,108.02 $92,108.02 $92,108.02 $92,108.02 $92,108.02 $92,108.02 $92,108.02 $92,108.02 $92,108.02 $92,108.02 $921,080.16 0.002502 $5,201.66 $5,201.66 $5,201.66 $5,201.66 $5,201.66 $5,201.66 $5,201.66 $5,201.66 $5,201.66 $5,201.66 $52,016.58 0.021888 $45,505.15 $45,505.15 $45,505.15 $45,505.15 $45,505.15 $45,505.15 $45,505.15 $45,505.15 $45,505.15 $45,505.15 $455,051.52 0.000685 $1,424.12 $1,424.12 $1,424.12 $1,424.12 $1,424.12 $1,424.12 $1,424.12 $1,424.12 $1,424.12 $1,424.12 $14,241.15 0.008135 $16,912.67 $16,912.67 $16,912.67 $16,912.67 $16,912.67 $16,912.67 $16,912.67 $16,912.67 $16,912.67 $16,912.67 $169,126.65 0.00116 $2,411.64 $2,411.64 $2,411.64 $2,411.64 $2,411.64 $2,411.64 $2,411.64 $2,411.64 $2,411.64 $2,411.64 $24,116.40 0.005034 $10,465.69 $10,465.69 $10,465.69 $10,465.69 $10,465.69 $10,465.69 $10,465.69 $10,465.69 $10,465.69 $10,465.69 $104,656.86 0.002728 $5,671.51 $5,671.51 $5,671.51 $5,671.51 $5,671.51 $5,671.51 $5,671.51 $5,671.51 $5,671.51 $5,671.51 $56,715.12 0.000165 $343.04 $343.04 $343.04 $343.04 $343.04 $343.04 $343.04 $343.04 $343.04 $343.04 $3,430.35 0.000141 $293.14 $293.14 $293.14 $293.14 $293.14 $293.14 $293.14 $293.14 $293.14 $293.14 $2,931.39 0.086742 $180,336.62 $180,336.62 $180,336.62 $180,336.62 $180,336.62 $180,336.62 $180,336.62 $180,336.62 $180,336.62 $180,336.62 $1,803,366.18 $333,056.84 $333,056.84 $333,056.84 $333,056.84 $333,056.84 $333,056.84 $333,056.84 $333,056.84 $333,056.84 $333,056.84 $3,330,568.40 0.044304 $138,162.02 $138,162.02 $138,162.02 $138,162.02 $138,162.02 $138,162.02 $138,162.02 $138,162.02 $138,162.02 $138,162.02 $230,270.04 $230,270.04 $230,270.04 $230,270.04 $230,270.04 $2,302,700.40 0.002502 $7,802.49 $7,802.49 $7,802.49 $7,802.49 $7,802.49 $7,802.49 $7,802.49 $7,802.49 $7,802.49 $7,802.49 $13,004.15 $13,004.15 $13,004.15 $13,004.15 $13,004.15 $130,041.45 0.021888 $68,257.73 $68,257.73 $68,257.73 $68,257.73 $68,257.73 $68,257.73 $68,257.73 $68,257.73 $68,257.73 $68,257.73 $113,762.88 $113,762.88 $113,762.88 $113,762.88 $113,762.88 $1,137,628.80 0.000685 $2,136.17 $2,136.17 $2,136.17 $2,136.17 $2,136.17 $2,136.17 $2,136.17 $2,136.17 $2,136.17 $2,136.17 $3,560.29 $3,560.29 $3,560.29 $3,560.29 $3,560.29 $35,602.88 0.008135 $25,369.00 $25,369.00 $25,369.00 $25,369.00 $25,369.00 $25,369.00 $25,369.00 $25,369.00 $25,369.00 $25,369.00 $42,281.66 $42,281.66 $42,281.66 $42,281.66 $42,281.66 $422,816.63 0.00116 $3,617.46 $3,617.46 $3,617.46 $3,617.46 $3,617.46 $3,617.46 $3,617.46 $3,617.46 $3,617.46 $3,617.46 $6,029.10 $6,029.10 $6,029.10 $6,029.10 $6,029.10 $60,291.00 0.005034 $15,698.53 $15,698.53 $15,698.53 $15,698.53 $15,698.53 $15,698.53 $15,698.53 $15,698.53 $15,698.53 $15,698.53 $26,164.22 $26,164.22 $26,164.22 $26,164.22 $26,164.22 $261,642.15 0.002728 $8,507.27 $8,507.27 $8,507.27 $8,507.27 $8,507.27 $8,507.27 $8,507.27 $8,507.27 $8,507.27 $8,507.27 $14,178.78 $14,178.78 $14,178.78 $14,178.78 $14,178.78 $141,787.80 0.000165 $514.55 $514.55 $514.55 $514.55 $514.55 $514.55 $514.55 $514.55 $514.55 $514.55 $857.59 $857.59 $857.59 $857.59 $857.59 $8,575.88 0.000141 $439.71 $439.71 $439.71 $439.71 $439.71 $439.71 $439.71 $439.71 $439.71 $439.71 $732.85 $732.85 $732.85 $732.85 $732.85 $7,328.48 0.086742 $270,504.93 $270,504.93 $270,504.93 $270,504.93 $270,504.93 $270,504.93 $270,504.93 $270,504.93 $270,504.93 $270,504.93 $450,841.55 $450,841.55 $450,841.55 $450,841.55 $450,841.55 $4,508,415.45 $62,551.91 $62,551.91 $62,551.91 $62,551.91 $62,551.91 $62,551.91 $62,551.91 $62,551.91 $62,551.91 $62,551.91 $62,551.91 $62,551.91 $62,551.91 $62,551.91 $62,551.91 $875,726.78 Page 1 ===== PDF PAGE 86 ===== [Extraction: OCR (rendered-page OCR)] INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WEST CHICAGO, DUPAGE AIRPORT AUTHORITY, WEST CHICAGO LIBRARY DISTRICT, WEST CHICAGO FIRE PROTECTION DISTRICT, WEST CHICAGO ELEMENTARY SCHOOL DISTRICT 33, COMMUNITY HIGH SCHOOL DISTRICT 94 AND SCANNELL PROPERTIES #371, LLC INREGARD TO A PROPERTY TAX ABATEMENT RELATIVE TO THE DEVELOPMENT OF THE SCANNELL PROPERTY This INTERGOVERNMENTAL AGREEMENT (“Agreement”) is entered into this day of , 2020 (“Effective Date”), by and between the CITY OF WEST CHICAGO, an Illinois home rule municipal corporation (“CITY”), the DUPAGE AIRPORT AUTHORITY, an Illinois airport authority (“AIRPORT”), the WEST CHICAGO LIBRARY DISTRICT, an Illinois library district (“LIBRARY”), the WEST CHICAGO FIRE PROTECTION DISTRICT, an Illinois fire protection district (“FIRE PROTECTION DISTRICT”), the WEST CHICAGO ELEMENTARY SCHOOL DISTRICT 33, an Illinois school district (“ELEMENTARY SCHOOL DISTRICT”), the COMMUNITY HIGH SCHOOL DISTRICT 94, an Illinois school district (“HIGH SCHOOL DISTRICT”), and SCANNELL PROPERTIES #371, LLC, an Indiana limited liability company authorized to conduct business in the State of Illinois (‘DEVELOPER’). The CITY, the AIRPORT, the LIBRARY, the FIRE PROTECTION DISTRICT, the ELEMENTARY SCHOOL DISTRICT, the HIGH SCHOOL DISTRICT, and the DEVELOPER are sometimes individually referred to herein as a “Party” and collectively referred to as the “Parties.” WITNESSETH WHEREAS, DEVELOPER has acquired approximately 21.14 acres of land in the DuPage Business Park located in West Chicago, Illinois, with said property being legally described on EXHIBIT A-1 attached hereto and made part hereof, and depicted on EXHIBIT A-2 attached hereto and made part hereof (“Subject Property”); and 454988_2 4 ===== PDF PAGE 87 ===== [Extraction: OCR (rendered-page OCR)] WHEREAS, the DEVELOPER desires to develop the Subject Property into a warehouse operation consisting of a building of approximately two hundred fifty thousand (250,000) square feet, as depicted on and further described in EXHIBIT B-1 and EXHIBIT B-2, respectively, attached hereto and made a part hereof (“Project”); and WHEREAS, subject to the approval of this Agreement, Shorr Packaging Corp. (“Shorr”) is intended to be the initial tenant the building to be built as part of the Project, which space shall be used for warehousing and distributing Shorr’s products; and WHEREAS, it is anticipated Shorr, or a future tenant on the Subject Property in the event that Shorr is no longer in possession of the Subject Property, will employ no less than sixteen (16) full-time employees at the building developed as part of the Project; and WHEREAS, the DEVELOPER now owns and desires to develop and operate the Project on the Subject Property; and WHEREAS, in order to induce the DEVELOPER to proceed with the Project, the CITY, the AIRPORT, the LIBRARY, the FIRE PROTECTION DISTRICT, the ELEMENTARY SCHOOL DISTRICT, and the HIGH SCHOOL DISTRICT (collectively the “UNITS OF GOVERNMENT") agree to provide the DEVELOPER with a partial real estate tax abatement in regard to certain of the real estate taxes assessed by the UNITS OF GOVERNMENT against the Subject Property (“Tax Abatement’); and WHEREAS, the Tax Abatement will provide a real estate tax abatement from the UNITS OF GOVERNMENT to the DEVELOPER pursuant to 35 ILCS 200/18-165 (“Abatement Law”); and WHEREAS, the UNITS OF GOVERNMENT have agreed to provide the Tax 454988_2 2 ===== PDF PAGE 88 ===== [Extraction: OCR (rendered-page OCR)] Abatement to the DEVELOPER, pursuant to the terms and conditions as set forth in this Agreement, provided the DEVELOPER agrees to refrain from taking any actions, either directly or indirectly, to lower the equalized assessed valuation of the Subject Property, including the Project located thereon, for a period of fifteen (15) years after the Project commences operation, below those equalized assessed valuations as set forth on EXHIBIT C, attached hereto and made part hereof (“Anticipated Assessed Values’); and WHEREAS, the DEVELOPER is in agreement with the restriction set forth above, relative to refraining from taking any actions, either directly or indirectly, to lower the equalized assessed valuation of the Subject Property below the Anticipated Assessed Values for the Subject Property; and WHEREAS, by providing the Tax Abatement, in exchange for the DEVELOPER agreeing to refrain from taking any actions, either directly or indirectly, to lower the equalized assessed valuation of the Subject Property below the Anticipated Assessed Values for the Subject Property, the UNITS OF GOVERNMENT will induce the DEVELOPER to cause the Project to be constructed and operated, which the UNITS OF GOVERNMENT anticipate will provide future financial benefits for the UNITS OF GOVERNMENT; and WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution, 5 ILCS 220/1 et seq. and the CITY’S home rule powers provide the authority for this Agreement; and WHEREAS, it is in the best interests of the Parties to enter into this Agreement. NOW, THEREFORE, in consideration of the foregoing, and the mutual covenants and agreements contained herein, the Parties hereto agree as follows: 4; INCORPORATION OF PREAMBLES. The preambles hereto, as set forth above, are incorporated herein by reference and are made part hereof. 454988_2 3 ===== PDF PAGE 89 ===== [Extraction: OCR (rendered-page OCR)] DEVELOPER CONDITIONS. The DEVELOPER'S right to receive the Tax Abatement under this Agreement is expressly conditioned upon the satisfaction by the DEVELOPER, or the DEVELOPER’s tenant on the Subject Property, of the following conditions. The DEVELOPER, or the DEVELOPER’s tenant on the Subject Property, shall: A. 454988_2 Construct and operate the Project on the Subject Property substantially in accordance with EXHIBITS B-1 and B-2; Obtain certificates of occupancy, or final approvals, for the Project from all governmental entities having jurisdiction over the design and construction of the Project, on or before January 1, 2022. The date the DEVELOPER receives the last of the certificates of occupancy or final approvals for the Project from all governmental entities having jurisdiction over the design and construction of the Project shall be the “Commencement Date.” The DEVELOPER shall notify each of the UNITS OF GOVERNMENT of the Commencement Date within fourteen (14) days after the Commencement Date has occurred; During the first ten (10) years following the Commencement Date, obtain the CITY’S prior written consent before any user, licensee, tenant or occupant, other than Shorr, takes possession, by license, lease or otherwise (“Occupant”), of any portion of the Subject Property. The CITY may withhold its consent if, in its sole discretion, the CITY determines that: (i) the contemplated use by such Occupant may have an adverse and harmful effect on the environment, (ii) the contemplated use by such Occupant may contribute to the CITY having a negative identity or image, (iii) the contemplated use by such Occupant, or the Occupant, is deemed undesirable, or (iv) the Occupant is a non-taxable entity. Prior to allowing any Occupant, other than Shorr, to take possession, by license, lease or otherwise, of any portion of the Project, the DEVELOPER shall provide the CITY with a written request for the CITY’S consent. The CITY shall review the request and respond within thirty (30) calendar days from the date the request was received by the CITY. The DEVELOPER shall provide the CITY with information and documents reasonably requested by the CITY regarding the DEVELOPER'S request. Each calendar day between the time of the CITY’S request for information and documents, and the DEVELOPER providing the information and documents, shall extend the thirty (30) calendar day period for the CITY'S response by an equal number of calendar days. If the CITY does not respond within thirty (30) calendar days from the date the request was received by the CITY, or such greater number of calendar days as extended due to days passing before DEVELOPER has provided the CITY the requested information and documents, the CITY’S prior written consent shall not be needed with regard to the Occupant set ===== PDF PAGE 90 ===== [Extraction: OCR (rendered-page OCR)] forth in the DEVELOPER’S request; Dz. Comply with the real estate tax obligations set forth in Section 4. below; and Notwithstanding any provision in this Agreement to the contrary, if the DEVELOPER, or any of the DEVELOPER’s tenant on the Subject Property, fails to meet any of its obligations in Section 2. of this Agreement, the Agreement shall be terminated and be null and void. 3. REAL ESTATE TAX ABATEMENT. A. Subject to the DEVELOPER, or the DEVELOPER’s tenant on the Subject Property, being in full compliance with Section 2. above, and Section 4.A. below, the UNITS OF GOVERNMENT shall provide the DEVELOPER with the Tax Abatement pursuant to the Abatement Law, relative to the real estate taxes assessed against the Subject Property, including the Project located thereon, with said Tax Abatement being: 1. For amaximum of ten (10) years, beginning with the real estate taxes levied on the Subject Property, including the Project located thereon, for the full calendar year after the calendar year in which the Commencement Date occurs, which real estate taxes are payable in the year thereafter, even if the full amount referenced in Subsection 3.4.2. below has not been abated (the Parties anticipate a Commencement Date in calendar year 2021, with real estate taxes first being abated under this Agreement for calendar year 2022, said taxes being payable in calendar year 2023); 2 Limited to a total cumulative amount from the UNITS OF GOVERNMENT combined of Four Million and No/100 Dollars ($4,000,000.00), even if the Tax Abatement has not occurred for the full ten (10) year period referenced in Subsection 3.A.1. above; 3; Limited to Forty Percent (40%) of the real estate taxes to be received by the UNITS OF GOVERNMENT from the Subject Property, including the Project located thereon, exclusive of real estate taxes received to satisfy any debt service tax levy of general applicability to all property within any one or more of the respective UNITS OF GOVERNMENT, in any given year; and 4. Limited by excluding amounts levied by each of the UNITS OF GOVERNMENT for debt service, and limited in the Abatement Law, and any amendments thereto after the Effective Date. Within sixty (60) days of the Commencement Date, each of the UNITS OF GOVERNMENT shall adopt the ordinance, or resolution, attached hereto as EXHIBIT D and made a part hereof (“Abatement Ordinance / Resolution’), 454988_2 5 ===== PDF PAGE 91 ===== [Extraction: OCR (rendered-page OCR)] 454988_2 and send a certified copy of the Abatement Ordinance / Resolution to the DuPage County Clerk (“Clerk”), with such changes to the Abatement Ordinance / Resolution being made to tailor the Abatement Ordinance / Resolution to the specific ordinance, or resolution, form requirements of each of the UNITS OF GOVERNMENT, and after updating the current P.I.N.s and legal description(s) for the Subject Property, including the Project located thereon, if any. The Parties acknowledge that under the Abatement Law, the Clerk administers the Tax Abatement. The Parties acknowledge that as of the Effective Date, the process for administering the Tax Abatement as is described in EXHIBIT E, attached hereto and made a part hereof, and that the process described in EXHIBIT E may change after the Effective Date. If the process for administering the Tax Abatement as described in EXHIBIT E is changed after the Effective Date, the Parties shall update EXHIBIT E to reflect the new process, which update may occur upon agreement of the chief administrative officers of each of the UNITS OF GOVERNMENT and the DEVELOPER. The Parties shall cooperate with one another, and the Clerk, in administering the Tax Abatement. Upon a reasonable request of the Clerk, or any other Party, the Parties shall timely respond to requests for information and documents related to the Tax Abatement, and the Parties shall take all reasonable steps in a timely manner needed to administer the Tax Abatement consistent with the terms of this Agreement. During the term of this Agreement, if the DEVELOPER ceases operating the Project on the Subject Property, or if the DEVELOPER breaches any of its obligations under Section 4.A., the UNITS OF GOVERNMENT shall provide written notice of such cessation (a “Default Notice”) to the DEVELOPER. If the DEVELOPER does not recommence operation of the Project within thirty (30) days of the DEVELOPER’s receipt of a Default Notice, or if the DEVELOPER does not cure the breach of its obligations under Section 4.A.within thirty (30) days of the DEVELOPER’s receipt of a Default Notice, then the UNITS OF GOVERNMENT may elect, by written notice to the DEVELOPER delivered following such thirty (30) day period, to terminate this Agreement (a “Termination”), whereupon the DEVELOPER shall reimburse the UNITS OF GOVERNMENT the Tax Abatement as follows: 1 If a Termination occurs within five (5) years from the Commencement Date, the DEVELOPER shall pay each of the UNITS OF GOVERNMENT its pro rata amount of Seventy Five Percent (75%) of the Tax Abatement realized by the DEVELOPER; or 2. If a Termination occurs after five (5) years from the Commencement Date, the DEVELOPER shall pay each of the UNITS OF ===== PDF PAGE 92 ===== [Extraction: OCR (rendered-page OCR)] GOVERNMENT its pro rata amount of Fifty Percent (50%) of the Tax Abatement realized by the DEVELOPER. The DEVELOPER’s reimbursement obligations herein shall survive, and be binding upon the DEVELOPER, regardless of the termination or expiration of this Agreement, until fifteen (15) years after the Commencement Date. The DEVELOPER shall reimburse the UNITS OF GOVERNMENT within thirty (30) days of a written demand from the UNITS OF GOVERNMENT for such reimbursement. 4. REAL ESTATE TAX OBLIGATIONS OF THE DEVELOPER. A. 454988_2 The DEVELOPER agrees to pay, or cause to be paid, all general and special real estate taxes levied against its respective interest in the Subject Property, including the Project located thereon, on or prior to the date same is due, and said real estate taxes shall not become delinquent. The DEVELOPER shall deliver evidence of payment of such real estate taxes to the UNITS OF GOVERNMENT upon request. The DEVELOPER agrees: 1 to not, and shall not permit or allow and of its affiliates or employees, to challenge, contest, or seek a reduction in, or assert tax-exempt status in relation to, the real estate taxes assessed against the Subject Property, including the Project located thereon, below the Anticipated Assessed Values, as shown on EXHIBIT C; to prohibit any third party obligated to pay the real estate taxes, in whole or in part, assessed against the Subject Property, including the Project located thereon, or any portion thereof, from challenging, contesting, seeking a reduction in or asserting tax-exempt status in relation to the real estate taxes assessed against the Subject Property, including the Project located thereon, below the Anticipated Assessed Values, as shown on EXHIBIT C; and to not file, participate in, or allow any of its affiliates or employees to file or participate in a tax rate objection, contest or other challenge to the taxes and/or levies of the taxing districts authorized by law to levy property taxes against the Subject Property, including the Project located thereon, below the Anticipated Assessed Values, as shown on EXHIBIT C. The sole remedy to each of the UNITS OF GOVERNMENT, in the event of a breach by DEVELOPER of its obligations in Subsection 4.B. above, shall be for the DEVELOPER to pay to each of the UNITS OF GOVERNMENT, on an annual basis, the difference between (1) the actual real estate taxes payable with respect to the Subject Property, including the Project located ===== PDF PAGE 93 ===== [Extraction: OCR (rendered-page OCR)] 454988_2 thereon, resulting from any such successful challenge, contest, or reduction of or exemption from real estate taxes assessed against the Subject Property, including the Project located thereon, below the Anticipated Assessed Values, as shown on EXHIBIT C, and (2) the lesser of (a) the amount of real estate taxes that would have been due and owing on the Subject Property, including the Project located thereon, for such year, after the Tax Abatement for such year, had such successful challenge contest, or reduction of or exemption from real estate taxes assessed against the Subject Property not occurred, and (b) the amount of real estate taxes that would have been due and owing on the Anticipated Assessed Values for such year, after the Tax Abatement for such year (said deficiency shall herein be referred to as the “Tax Deficiency”) plus interest thereon at the prime rate charged by BMO Harris Bank (or its successor) plus Three Percent (3%) per annum for the period beginning on the date the real estate taxes are received by each of the UNITS OF GOVERNMENT for any given year and ending on the date the Tax Deficiency is paid to each of the UNITS OF GOVERNMENT, which shall be due within thirty (30) days of written notice from any one (1) of the UNITS OF GOVERNMENT. The DEVELOPER agrees to not pursue, permit or allow any of its affiliates or employees to agree to, pursue or permit the disconnection or detachment of the Subject Property from any of the UNITS OF GOVERNMENT. GENERAL CONDITIONS/REQUIREMENTS. A. This Agreement is entered into for the benefit of each of the Parties, solely, and not for the benefit of any third party. Nothing contained in this Agreement shall constitute a waiver of any privileges, defenses or immunities which the UNITS OF GOVERNMENT may have under the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101, ef seq., with respect to any claim brought by a third party. The rights and obligations of the DEVELOPER shall constitute covenants running with the land legally described in Exhibit A-1 and shall be binding on successors and assigns of the DEVELOPER and shall bind all owners of the Subject Property, including the Project located thereon, or any portion thereof during the term of the Agreement. This Agreement shall be recorded on title to the Subject Property at the expense of the DEVELOPER upon taking effect. Upon a breach of this Agreement by DEVELOPER, any of the UNITS OF GOVERNMENT may repeal their respective Abatement Ordinance / Resolution, and any Party, by an action or proceeding solely in equity ===== PDF PAGE 94 ===== [Extraction: OCR (rendered-page OCR)] 454988_2 brought in the 18th Judicial Circuit Court, in DuPage County, Illinois, may secure the specific performance of the covenants and agreements herein contained, for failure of performance. In the event of a default by any of the Parties, the defaulting Party, as adjudicated by a court of competent jurisdiction, shall pay to the non- defaulting Party / Parties, upon demand, all of the non-defaulting Party's / Parties’ reasonable costs, charges and expenses, including, but not limited to, the costs of accountants, consultants, attorneys and others retained by the non-defaulting Party / Parties for the purpose of enforcing any of the obligations of the defaulting Party under this Agreement. The failure of any Party to insist upon the strict and prompt performance of the terms, covenants, agreements and conditions herein contained, or any of them, by any other Party, shall not constitute or be construed as a waiver or relinquishment of any Party’s right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. If the performance by any Party hereunder is delayed as a result of circumstances which are beyond the reasonable control of such Party (which circumstances shall only include acts of God, war, strikes or similar acts of force majeure), the time for such performance shall be extended by the amount of time of such delay. This Agreement shall remain in full force and effect for fifteen (15) years after the Commencement Date unless sooner terminated in accordance with the terms of this Agreement. In the event that any UNIT OF GOVERNMENT’s authority under the Abatement Law to carry out its obligation in this Agreement is repealed, becomes null and void or otherwise becomes invalid, then (i) such UNIT OF GOVERNMENT’s obligations hereunder shall cease and no further obligations of any sort shall be required of the UNIT OF GOVERNMENT, and (ii) the DEVELOPER’s obligations to such UNIT OF GOVERNMENT hereunder (including, without limitation, DEVELOPER’s obligations to such UNIT OF GOVERNMENT under Section 3.B.) shall cease as of the date on which any such UNIT OF GOVERNMENT’s authority under the Abatement Law to carry out its obligation in this Agreement is repealed, becomes null and void or otherwise becomes invalid. The DEVELOPER shall have no recourse against the affected UNIT OF GOVERNMENT(s) in such event and such affected UNIT(s) OF GOVERNMENT shall have no recourse against the DEVELOPER. No amendment to, or modification of, this Agreement shall be effective unless and until it is in writing and approved by the authorized ===== PDF PAGE 95 ===== [Extraction: OCR (rendered-page OCR)] 454988_2 representative of the DEVELOPER and by each of the UNITS OF GOVERNMENT's corporate authorities, and executed and delivered by the authorized representatives of each Party. If, during the term of this Agreement, any lawsuits or other proceedings are filed or initiated against any Party before any court, commission, board, bureau, agency, unit of government or sub-unit thereof, arbitrator, or other instrumentality, that may materially affect or inhibit the ability of any Party to perform its obligations under, or otherwise to comply with, this Agreement (“Litigation”), the Party against which the Litigation is filed or initiated shall promptly deliver a copy of the complaint or charge related thereto to the other Parties and shall thereafter keep the other Parties fully informed concerning all aspects of the Litigation. Each Party shall, to the extent necessary, cooperate with the other Parties in this event. The Parties each agree to use their respective best efforts to defend the validity of this Agreement and the Abatement Ordinances / Resolutions adopted pursuant to this Agreement, including every portion thereof and every approval given, and every action taken, pursuant thereto. The DEVELOPER shall and hereby agrees to defend, hold harmless and indemnify the UNITS OF GOVERNMENT, and their respective elected Officials, appointed officials, employees, agents and attorneys (collectively the “UNITS OF GOVERNMENT Affiliates”) from and against any and all third-party claims, demands, suits, damages, liabilities, losses, expenses, and judgments against any UNITS OF GOVERNMENT Affiliates resulting from the DEVELOPER’s breach of its obligations hereunder. The obligation of the DEVELOPER in this regard shall include, but shall not be limited, to all costs and expenses, including reasonable attorneys' fees, incurred by the UNITS OF GOVERNMENT Affiliates in responding to, defending against, or settling any such claims, demands, suits, damages, liabilities, losses, expenses or judgments. The DEVELOPER covenants that it will reimburse the UNITS OF GOVERNMENT Affiliates, or pay over to the UNITS OF GOVERNMENT Affiliates, all sums of money the UNITS OF GOVERNMENT Affiliates pays, or becomes liable to pay to any such third party, by reason of any of the foregoing; provided, however, that the DEVELOPER’s liability under this Section 5.M. shall be limited to the total amount of Tax Abatement that the DEVELOPER has been received pursuant to this Agreement as of the date of any such claim, demand, suit, damage, liability, loss, expense, or judgment. In any suit or proceeding brought hereunder, the UNITS OF GOVERNMENT Affiliates shall have the right to appoint counsel of their own choosing to represent it, the reasonable costs and expenses of which shall be paid by the DEVELOPER. The DEVELOPER shall maintain the Subject Property, and operate the Project, in compliance with all Federal, State, County, and UNITS OF GOVERNMENT laws, ordinances, resolutions, rules and regulations. 10 ===== PDF PAGE 96 ===== [Extraction: OCR (rendered-page OCR)] 6. NOTICES. Notice or other writings which any Party is required to, or may wish to, serve upon any other Party in connection with this Agreement shall be in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: A. If to the CITY: B. If to the LIBRARY: 454988_2 City of West Chicago 475 Main Street West Chicago, Illinois 60185 Attn: Mayor With copies to: City of West Chicago 475 Main Street West Chicago, Illinois 60185 Attn: City Administrator Bond, Dickson & Associates 400 Knoll Street Wheaton, Illinois 60187 Attn: Patrick Bond C. If to the ELEMENTARY SCHOOL DISTRICT: West Chicago Elementary School District 33 312 East Forest Avenue West Chicago, Illinois 60185 Attn: President With copies to: West Chicago Elementary School District 33 312 East Forest Avenue West Chicago, Illinois 60185 Attn: Superintendent Robbins Schwartz 55 W. Monroe Street, Suite 800 Chicago, Illinois 60603 Attn: Kenneth M. Florey 11 West Chicago Library District 118 West Washington Street West Chicago, Illinois 60185 Attn: President With copies to: West Chicago Library District 118 West Washington Street West Chicago, Illinois 60185 Attn: Executive Director Peregrine, Stime, Newman, Ritzman, & Bruckner, Ltd. 221 East Illinois Street Wheaton, Illinois 60187 Attn: Mark Ritzman D. If to the HIGH SCHOOL DISTRICT: Community High School District 94 157 West Washington Street West Chicago, Illinois 60185 Attn: President With copies to: Community High School District 94 157 West Washington Street West Chicago, Illinois 60185 Attn: Superintendent Hauser, Izzo, Petrarca, Gleason & Stillman, LLC 19730 Governors Hwy, Suite 10 Flossmor, Illinois 60422 Attn: John |zzo ===== PDF PAGE 97 ===== [Extraction: OCR (rendered-page OCR)] E. If to the DUPAGE AIRPORT F. If to the DEVELOPER: AUTHORITY: DuPage Airport Authority Scannell Properties #371, LLC 2700 International Drive, Suite 200 8801 River Crossing Boulevard, West Chicago, Illinois 60185 Suite, 300 Attn: Chairman Indianapolis, Indiana 46240 Attn: Drew Strobel With copies to With a copy to: DuPage Airport Authority Rosanova & Whitaker, Ltd. 2700 International Drive, Suite 200 127 Aurora Avenue West Chicago, Illinois 60185 Naperville, Illinois 60540 Attn: Executive Director Attn: Russ Whitaker Luetkehans, Brady, Garner & Armstrong, LLC 105 E. Irving Park Rd. Itasca, Illinois 60143 Attn: Phillip A. Luetkehans G. If to the FIRE PROTECTION DISTRICT: West Chicago Fire Protection District 200 Freemont Street West Chicago, Illinois 60185 Attn: President With copies to: West Chicago Fire Protection District 200 Freemont Street West Chicago, Illinois 60185 Attn: Fire Chief Ottosen Britz Kelly Cooper Gilbert & DiNolfo, Ltd. 1804 N. Naper Boulevard #350 Naperville, Illinois 60563 Attn: Joseph Miller or to such other address, or additional individuals/entities, as any Party may from time to time designate in a written notice to the other Parties. Service by personal delivery shall be deemed given when delivery occurs, and service by certified or 454988_2 12 ===== PDF PAGE 98 ===== [Extraction: OCR (rendered-page OCR)] registered mail shall be deemed given three (3) days after depositing same in the mail. 73 COUNTERPARTS. This Agreement may be executed simultaneously in up to seven (7) counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. 8. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the Parties and supersedes any prior understanding or written or oral agreements between them regarding the within subject matter. There are no representations, agreements, arrangements or understandings, oral or written, between and among the Parties hereto relating to the subject matter of this Agreement which are not fully expressed herein. 9. EFFECTIVE DATE. This Agreement shall be deemed dated and become effective on the date the last of the Parties executes this Agreement as set forth below, which date shall be filled in on page 1 hereof. IN WITNESS WHEREOF, the CITY, pursuant to authority granted by the adoption of a Motion/Resolution by its City Council, has caused this Agreement to be executed by its Mayor and attested by its Clerk; the AIRPORT, pursuant to authority granted by the adoption of a Motion/Resolution by its Board of Commissioners, has caused this Agreement to be signed by its Chairman and attested by its Secretary; the LIBRARY, pursuant to the authority granted by the adoption of a Motion/Resolution by its Board of Trustees, has caused this Agreement to be signed by its President and attested by its Secretary; the FIRE PROTECTION DISTRICT, pursuant to the authority granted by the adoption of a Motion/Resolution by its Board of Trustees, has caused this Agreement to be signed by its President and attested by its Secretary; the ELEMENTARY SCHOOL DISTRICT, pursuant to the authority granted by the adoption of a Motion/Resolution by its Board of Education, has caused this Agreement to be signed by its President and attested by its Secretary; the HIGH SCHOOL DISTRICT, pursuant to the authority granted by the adoption of a Motion/Resolution by its Board of Education, has caused this 454988_2 13 ===== PDF PAGE 99 ===== [Extraction: OCR (rendered-page OCR)] Agreement to be signed by its President and attested by its Secretary; and DEVELOPER, pursuant to proper authority granted in accordance with its organizational documents, has caused this Agreement to be executed by its President and attested by its Secretary. [THIS SPACE INTENTIONALLY LEFT BLANK] 454988_2 14 ===== PDF PAGE 100 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO By: , Mayor ATTEST: , City Clerk Dated: WEST CHICAGO ELEMENTARY SCHOOL DISTRICT 33 WEST CHICAGO PUBLIC LIBRARY DISTRICT By: , President ATTEST: , Secretary Dated: WEST CHICAGO COMMUNITY HIGH SCHOOL DISTRICT 94 By: By: , President , President ATTEST: ATTEST: , Secretary , Secretary Dated: Dated: DUPAGE AIRPORT AUTHORITY SCANNELL PROPERTIES #371, LLC By: By: , Chairman , ATTEST: ATTEST: , Secretary : Dated: Dated: 454988_2 15 ===== PDF PAGE 101 ===== [Extraction: OCR (rendered-page OCR)] WEST CHICAGO FIRE PROTECTION DISTRICT By: , President ATTEST: , Secretary Dated: 454988_2 16 ===== PDF PAGE 102 ===== [Extraction: OCR (rendered-page OCR)] STATE OF ILLINOIS ) ) SS COUNTY OF DUPAGE _) |, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that the above-named and , personally known to me to be the Mayor and City Clerk of the City of West Chicago, and also known to me to be the same persons whose names are subscribed to the foregoing instrument as such Mayor and City Clerk, respectively, appeared before me this day in person and severally acknowledged that, as such Mayor and City Clerk, they signed and delivered the signed instrument, pursuant to authority given by the City of West Chicago, as their free and voluntary act, and as the free and voluntary act and deed of said City of West Chicago, for the uses and purposes therein set forth. GIVEN under my hand and Notary Seal, this day of F 2020. Notary Public My Commission Expires: 454988_2 tif ===== PDF PAGE 103 ===== [Extraction: OCR (rendered-page OCR)] STATE OF ILLINOIS _) )ss COUNTY OF DUPAGE _ ) |, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that the above-named and ; personally known to me to be the President and Secretary of the West Chicago Public Library District, and also known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Secretary, respectively, appeared before me this day in person and severally acknowledged that, as such President and Secretary, they signed and delivered the signed instrument, pursuant to authority given by the West Chicago Public Library District, as their free and voluntary act, and as the free and voluntary act and deed of said West Chicago Public Library District, for the uses and purposes therein set forth. GIVEN under my hand and Notary Seal, this day of P 2020. Notary Public My Commission Expires: 454988_2 18 ===== PDF PAGE 104 ===== [Extraction: OCR (rendered-page OCR)] STATE OF ILLINOIS ) )Ss COUNTY OF DUPAGE ) |, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that the above-named and . personally known to me to be the President and Secretary of the West Chicago Fire Protection District, and also known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Secretary, respectively, appeared before me this day in person and severally acknowledged that, as such President and Secretary, they signed and delivered the signed instrument, pursuant to authority given by the West Chicago Fire Protection District, as their free and voluntary act, and as the free and voluntary act and deed of said West Chicago Fire Protection District, for the uses and purposes therein set forth. GIVEN under my hand and Notary Seal, this day of , 2020. Notary Public My Commission Expires: 454988_2 19 ===== PDF PAGE 105 ===== [Extraction: OCR (rendered-page OCR)] STATE OF ILLINOIS ) ) Ss COUNTY OF DUPAGE _) |, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that the above-named and personally known to me to be the President and Secretary of the West Chicago Elementary School District 33, and also known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Secretary, respectively, appeared before me this day in person and severally acknowledged that, as such President and Secretary, they signed and delivered the signed instrument, pursuant to authority given by the West Chicago Elementary School District 33, as their free and voluntary act, and as the free and voluntary act and deed of said West Chicago Elementary School District 33, for the uses and purposes therein set forth. GIVEN under my hand and Notary Seal, this day of , 2020. Notary Public My Commission Expires: 454988_2 20 ===== PDF PAGE 106 ===== [Extraction: OCR (rendered-page OCR)] STATE OF ILLINOIS ) )Ss COUNTY OF DUPAGE _ ) |, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that the above-named and j personally known to me to be the President and Secretary of the West Community High School District 94, and also known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Secretary, respectively, appeared before me this day in person and severally acknowledged that, as such President and Secretary, they signed and delivered the signed instrument, pursuant to authority given by the West Chicago Community High School District 94, as their free and voluntary act, and as the free and voluntary act and deed of said West Chicago Community High School District 94, for the uses and purposes therein set forth. GIVEN under my hand and Notary Seal, this day of ; 2020. Notary Public My Commission Expires: 454988_2 21 ===== PDF PAGE 107 ===== [Extraction: OCR (rendered-page OCR)] STATE OF ILLINOIS ) )Ss COUNTY OF DUPAGE ) |, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that the above-named and , personally known to me to be the Chairman and Secretary of the DuPage Airport Authority, and also known to me to be the same persons whose names are subscribed to the foregoing instrument as such Chairman and Secretary, respectively, appeared before me this day in person and severally acknowledged that, as such Chairman and Secretary, they signed and delivered the signed instrument, pursuant to authority given by the DuPage Airport Authority, as their free and voluntary act, and as the free and voluntary act and deed of said DuPage Airport Authority, for the uses and purposes therein set forth. GIVEN under my hand and Notary Seal, this day of , 2020. Notary Public My Commission Expires: 454988_2 22 ===== PDF PAGE 108 ===== [Extraction: OCR (rendered-page OCR)] STATE OF ) )ss COUNTY OF ) |, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that the above-named and ‘ personally known to me to be the Manager and of Scannell Properties #371, LLC, and also known to me to be the same persons whose names are subscribed to the foregoing instrument as such Manager and , respectively, appeared before me this day in person and severally acknowledged that, as such Manager and , they signed and delivered the signed instrument, pursuant to authority given by said limited liability company, as their 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 Notary Seal, this day of , 2020. Notary Public My Commission Expires: 454988_2 23 ===== PDF PAGE 109 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT A-1 Legal Description of Subject Property (attached) 454988_2 24 ===== PDF PAGE 110 ===== [Extraction: OCR (rendered-page OCR)] Cz Z ee6psy GS°98S LSAM SGNOOAS Fl SALNNIW €€ SAANOAG 98 HLNOS SUVA GYOHO ASOHM GNV L334 80'S6r 4O SNIGVY V ONIAVH L437 SHL OL JIOMIO LNAONVL VY sO OV FHL ONOW 1354 22229 ATYSLSAM AONSHL (€) ‘SYNLVAYNO ASYAARY JO LNIOd V OL L354 S622 LSAM SGNOOFS 80 SALNNIW 92 SASYOAa 6S HLYON SYV3d GYOHO SSOHM ANY LAS 26796 JO SNIGVY V ONIAVH LHOIM FHL OL ATIONIO LNADNVL V 4O ONV SHL SNOW LISS 86°22 ATMYSLSSMHLYON FONSHL (Z) ‘AAYND GNNOdWOD JO LNIOd V OL L354 99°91 LSAM SGNOODGS €L SALNNIW €Z SHSAYOAC ZI HLYON SUHVAG GNOHD ASOHM GNV L334 00°0SZ 40 SNIGVY V ONIAVH LHOIY SHL OL SIONIO LNSDNVL-NON V 4O OV SJHL SNOTV 1344 99°91 ATYSALSAMHLYON SONSHL (1) ‘SSSYHNOD (€) LXSN SHL YOS SANG NOILVAONNI GIVS 43O SNIT ATYSHLYON SHL ONOW AONSHL '9E6LEL-Z2007Y LNSWND9O”d Y3d G3ALVOIGSC SAING NOILVAONNI JO SNIT ATYSHLYON SHL NO LNIOd V OL L534 0¢°2Z1 JO JONVLSIC V ‘Z LOT GIVS 4O ANIT LSAM AHL ONO LSAM SGNOO3S SO SALNNIW 80 SASYOAC 1Z HLNOS AONSHL ‘Z LOT alvs dO YSNYOO LSAMH.LYON SHL OL L554 68'S81 JO JONVLSIG V Z LOT alvs 4O SANIT HLYON SHL ONOW LSAM SGNOOFS LS SSLNNIW ¥S SASNODAG 68 HLNOS FONSHL ‘vSPZZ1-2007H YASWNN LNSWNOOG SV Z00Z ‘OL AINC GAqGYOOsY AOSYSHL LV1d SHL OL ONIGNYOOOV ‘Z LOT LV1ld LNSIWSSSSSV HLYNON WYVd ADOIONHOSL IWNOILVN 39VdNG NI Z@ LO] JO YSANYOO LSVSHLYON FHL OL LASS SL'188 4O AONVLSIC V ‘€ LOT GIVS 4O SANIT LSSAM AHL SNOT LSAM SGNOOFS OF SALANIW 8b SSSYDSAC 00 HLNOS AONSAHL 'SZ9r8L-Z2007Y YSAENNN LNAWNOOG SV 2002 ‘Ol H3EOLOO GAGHYOOSY JOSYSHL LW1d FHL OL ONIGUOODOV ‘€ LOT LW1d LNSWSSASSV HLYON WYVd ADOTONHOAL TWNOILVN 39vdNd Ni € LOT SO SANIT LSSM SHL NO LNIOd V OL 15354 €v'bZZ SANIT HLNOS IVS ONOW LSV3 SGNOOFS 9r SALNNIN 6L SASYOAG 18 HLNOS AONSHL ‘LNIOd MNIM V OL L354 ZS°SSZ ANIT HLNOS dIVS SNOW LSV3 SGNOO3S €L SHLANIN €y SSSNDSG 78 HLYON ONINNILNOO SONSHL ‘ONINNIDAE 4O LNIOd SHL OL 1554 €9°8S1 LSVA SGNOOSS €l SSLNNIN ey SaayOFG v8 HLYON SONSHL (€) ‘L554 00°0S LSAM SGNOODAS 9F SALNNIW 9L SASYOAC SO HLYON SONSHL (2) ‘LSSs4 fv OLE LSVA SGNODFS €1 SALNNIW €v SAAN +8 HLYON SONFHL (1) ‘SASUNOD (€) LXAN SHL GNV SIHL NOS (GVO LTISASZSOOU VV) 8€ ALNOY SIONITI 4JO SANIT HLNOS SHL ONISG OSIV ANI alvs ‘L334 S9°00r ‘ALNSdOUd IVS 4O SANIT HLNOS SHL ONOW LSVA SGNODFS OF SALANIW ZO SAAYOAC €8 HLNOS JONSHL ‘8Z9S91-ZL0Z7Y NASWNAN LNAWNOOG SV ZL0Z ‘LZ YAEWSAON GSAGYOOSY G3SC WIVIO LIND Yad NOILVLYOdSNVULL 4O LNSWLYVd3Sd ‘SIONITI 43O SLVLS SHL OL GSASANOO ALYSdONd AHL JO YANYOO LSSMHLNOS SHL OL 6ZZLEL (€8-GVN ANOZ LSV3 WALSAS ALVNIGHOOD SANV1id SLVLS SIONITI SHL NO GaSVa ONINVS) NOILOZS YALYVNO dIvS 4O ANIT LSAM SHL ONOW LSV3 SGNOODAS 0S SALANIW ZO SHAYODAC 00 HLYON SONSHL ‘62ZZE1-€00Z7Y GNYOOAY LNAWANOW Yad ‘YALYVNO LSSMHLYON GIVS JO YSANYOO LSAMHLNOS SHL LY ONIONAWWOO ‘SMOTIOA4 SV G3gIYOS3d ‘NVIGINSW WdlONIdd GYIHL SHL AO LSVS 6 JONVY ‘'HLYON 6€ dIHSNMOL ‘2 NOILOSS SO YSLYVNO LSSAMHLYON SHL AO LYVd LVHL ===== PDF PAGE 111 ===== [Extraction: OCR (rendered-page OCR)] FEET TO A POINT; THENCE NORTH 39 DEGREES 46 MINUTES 18 SECONDS WEST 77.83 FEET; THENCE NORTH 00 DEGREES 01 MINUTES 39 SECONDS EAST 938.73 FEET, TO THE POINT OF BEGINNING; BEGINNING, IN DUPAGE COUNTY, ILLINOIS. P.I.N.: 04-07-102-018 Common address: 555 Innovation Drive Circle, West Chicago, Illinois 60185 454988_2 26 ===== PDF PAGE 112 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT A-2 Depiction of Subject Property (attached) 454988_2 ey ===== PDF PAGE 113 ===== [Extraction: OCR (rendered-page OCR)] 454988_2 28 ===== PDF PAGE 114 ===== [Extraction: OCR (rendered-page OCR)] EXHIBITB-1 Project SitePlan (attached) 454988_2 29 ===== PDF PAGE 115 ===== [Extraction: OCR (rendered-page OCR)] 454988_2 30 Ta ee nt os oe io me ors eee ===== PDF PAGE 116 ===== [Extraction: OCR (rendered-page OCR)] 454988_2 31 ===== PDF PAGE 117 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT B-2 Project Description and Depiction The Developer shall construct an approximately two hundred fifty thousand (250,000) square foot warehouse on approximately twenty-one (21) acres of land purchased from the DuPage Airport Authority as set forth in the Site Plan and rendering in EXHIBIT B-1. Sixteen (16) or more full-time employees shall work in the building constructed as part of the Project with a combined average total compensation of Forty-Three Thousand and No/100 Dollars ($43,000.00). The tenant of the building shall be Shorr Packaging Corp., or another tenant approved by the City of West Chicago in writing, as set forth in Section 2.C. of the Agreement. 454988_2 32 ===== PDF PAGE 118 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT C Anticipated Assessed Values Anticipated Assessed Year Valuation Year 1 $5,197,500.00 Year 2 $5,197,500.00 Year 3 $5,197 ,500.00 Year 4 $5,301,450.00 Year 5 $5,301,450.00 Year 6 $5,301,450.00 Year 7 $5,407,479.00 Year 8 $5,407,479.00 Year 9 $5,515,628.58 Year 10 $5,515,628.58 Year 11 $5,625,941.14 Year 12 $5,625,941.14 Year 13 $5,738,459.97 Year 14 $5,738,459.97 Year 15 $5,853,229.17 Total $81,925,096.59 454988_2 33 ===== PDF PAGE 119 ===== [Extraction: OCR (rendered-page OCR)] EXHIBITD AbatementOrdinance/Resolution (attached) 454988_2 34 ===== PDF PAGE 120 ===== [Extraction: OCR (rendered-page OCR)] [ORDINANCE / RESOLUTION] PROVIDING FOR REAL ESTATE TAX ABATEMENT WHEREAS, the Illinois Property Tax Code, 35 ILCS 200/18-165, authorizes any taxing district to abate its taxes in relation to a specific property; and WHEREAS, in “An Intergovernmental Agreement Between the City of West Chicago, DuPage Airport Authority, West Chicago Library District, West Chicago Fire Protection District, West Chicago Elementary School District 33, Community High School District 94 and Scannell Properties #371, LLC in Regard to a Property Tax Abatement Relative to the Development of the Scannell Property,” dated __, 2020 (“IGA”), the [City Council / Board of Trustees / Board of Commissioners / Board of Education] of the [Unit of Government] previously determined it to be in its best interests to abate a portion of its taxes on the real estate legally described in Exhibit 1, attached hereto and made a part hereof (“Subject Property”), in order to encourage a commercial firm to redevelop the Subject Property; and WHEREAS, the conditions of the IGA for the abatement of a portion of the taxes on the Subject Property have been met; and WHEREAS, in the IGA, this [City Council / Board of Trustees / Board of Commissioners / Board of Education] previously determined such abatement of taxes to be in the best interests of its tax payers in order to encourage a commercial firm to redevelop the Subject Property, increase the tax base, and increase employment opportunities; and NOW, THEREFORE, BE IT [ORDAINED / RESOLVED] [by the [Mayor / Chairman / President] and [City Council / Board of Trustees / Board of Commissioners / Board of Education] of the [Unit of Government], DuPage County, Illinois, as follows: Section 1. This [City Council / Board of Trustees / Board of Commissioners / Board of Education] hereby finds that all of the recitals contained in the preambles to this [Ordinance / Resolution] are full, true and correct and does now incorporate the same herein by reference. Section 2. The County Clerk of DuPage County, Illinois is hereby ordered to abate the real estate taxes to be extended on the Subject Property, on behalf of the [Unit of Government] according to the rate set forth in Section 3 below, but excluding any levy or levies for debt service (“Abatement Rate”), commencing at the start of the next calendar year after the year in which this [Ordinance / Resolution] is passed. However, in no event shall the aggregate abatement of real estate taxes levied against the Subject Property by the [Unit of Government], together with real estate taxes levied against the Subject Property and abated in previous and future years by all other taxing districts, exceed the total of Four Million and No/100 Dollars ($4,000,000.00). 454988_2 35 ===== PDF PAGE 121 ===== [Extraction: OCR (rendered-page OCR)] Section 3. The Abatement Rate shall be Forty Percent (40%) of the real estate taxes to be extended on the Subject Property on behalf of the [Unit of Government]. Section 4. The [Mayor / Chairman / President] and [Clerk / Secretary] of this [Unit of Government] are hereby authorized and directed to execute this [Ordinance / Resolution] and cause a certified copy of the same to be filed with the County Clerk of DuPage County, Illinois. Section 5. This [Ordinance / Resolution] shall be in full force and effect upon its adoption and publication. ADOPTED this day of , 20__ by a majority vote of the Corporate Authorities of the [Unit of Government] on a roll call vote as follows: AYES: NAYS: ABSENT: APPROVED by the [Mayor / Chairman / President] of the [Unit of Government] on the day of y20__x [Mayor / Chairman / President] ATTEST: [Clerk / Secretary] [Published in pamphlet form / Published in the newspaper, being a newspaper of general circulation within the [Unit of Government] this __ day of ,20_.] 454988_2 36 ===== PDF PAGE 122 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT 1 LEGAL DESCRIPTION OF THE SUBJECT PROPERTY (attached) 454988_2 37 ===== PDF PAGE 123 ===== [Extraction: OCR (rendered-page OCR)] ge Zee6rsp ISAM SCNOOGS 81 SALNNIW 9¢ SAAYOAG 6E HLYON AONSHL LLNIOd V OL 1334 GS'98S ISAM SGNOOAS +l SSALNNIW €€ SAAYOIG 98 HLNOS SUVA GYOHD ASOHM GNV L334 80'°S6r AO SNIGVY V ONIAVH L457 SHL OL AIONIO LNJONVL V dO OV FHL ONOW L354 22279 ATYSLSSM JAONSHL (e) ‘SYNLWAYND ASYSARY 4O LNIOd V OL L554 S622 LSAM SGNOOS 80 SALNNIW 9z SASNOAa 6S HLYON SYV3d GHOHD SSOHM GNV L334 Z6'796 JO SNIGVY V ONIAVH LHOIY FHL OL FIOUIO LNAONVL V JO OV SHL ONONW L354 86'ZZ ATYSALSSAMHLYON FONAHLL (Z) ‘AAYND GNNOdNOD JO LNIOd V OL LASS 99°91 ISAM SGNOOZS £1 SSLANIN €% SASYOAC ZY HLYON SYV3E GYOHD ASOHM GNV L334 00'0SZ 4O SNIGVY V ONIAVH LHOIYM AHL OL SIOUMIO LNSDNVL-NON V 4O ONV SHL ONOTV L354 99°91 ATHSLSAMHLYON SONSHL (L) SASHNOD (€) LXAN SHL NOS JAIMG NOLLVAONNI GIVS 3O SANIT ATHSHLYON SHL SNOW SONSHL ‘9E6LEL-200zY LNSWN9O”d Yad G3SLVOIGSC SAIMG NOLLVAONNI JO SANIT ATYSHLYON SHL NO ALNIOd V OL L554 08°22) JO JONVLSIG V 'Z LOT GIVS 4O SANIT LSAM JHL ONO 1SSM SGNOOAS SO SALNNIW 80 SSSYDAC LZ HLNOS AONAHL 'Z LOT alvs 4O YSNYHOO LSSMHLYON SHL OL 1554 68'S8l JO JONVISIC V Zz LOT Alvs 4O SANIT HLYON SHL SNOW LSSM SGNOOSS 1S SALNNIN 7S SASNOAC 68 HLNOS FONSHL ‘vS7ZZ1-2007H YAEWNN LNSWNOOG SV ZO0z ‘OL AINfF GaqHOoosY AOSYSHL LVW1d AHL OL ONIGHOOOV ‘Z LOT LWld LNAWSSASSV HLYON MYVd ADOIONHOAL IWNOILVN 39VdNd NI Z LOT JO YSNNOO LSVAHLYON FHL OL L554 St'l88 JO FONVLSIC V ‘€ LOT GIVS 4O ANIT LSSM SHL ONOTV 1LSSM SGNOOAS 0€ SALNNIA 8b SASYDAG 00 HLNOS AONFHL ‘SzZ9r8l-20074 YAEWNN LNAWNDO SV 2002 ‘Ol YSOLOO GAGHOOAY AOANSHL LW1d SHL OL ONIGUODOV ‘€ LOT LVW1d LNAWSSASSV HLYON WYVd ADOTONHOAL TWNOILVN 39Vvdnd NI € LOT SO SANIT LSSM SHL NO LNIOd V OL L354 €¢'-ZZ SANIT HLNOS IVS ONOW LSV3 SGNOOFS 9% SALNNIW 6L SAANOAG 18 HLNOS AONSHL ‘LNIOd MNIM V OL LA54 ZS°SSZ JN HLNOS GIVS ONOW LSVa SGNODZS €L SALANIN €% SHANOAG ~8 HLYON ONINNILNOO SONSHL ‘ONINNIDZE 4O LNIOd SHL OL L354 €9°8S-L LSV3 SGNOOAS €1 SALNNIW er SaaYNOFa v8 HLYON SONSHL (€) ‘L554 00'0S LSAM SGNOOAS 9% SALANIW 9L SASYOFG So HLYON SONSHL (Z) ‘LB54 €v'OL€ LSVS SGNOOAS €1 SALNNIW €v SASNOAA +8 HLYON SONFHL (L) “SASUNOD (€) LXAN SHL GNV SIHL NOS (GVO LISARZSOON YuV) 8€ ALNOY SIONITI 3O SANIT HLNOS SHL ONIDG OSIV ZNIT alvs ‘1554 $9°00r ‘ALYAdONd GIVS JO SANIT HLNOS SHL ONOTW LSVW3 SGNOOFS OF SSLANIW ZO SASHOAC €8 HLNOS SJONSHL '!8Z9S91-ZL0ZY NAEWAN LNAWNOOG SV ZL0Z ‘LZ NSEWSAON GSCHOOSY G3 WIVIO LIND Yad NOILVLYOdSNVYLL 4O LNSNLYVdS0 ‘SIONITH 43O SLVLS SHL OL GSASANOO ALNSdOUd FHL JO YANYHOO LSAMHLNOS SHL OL 6ZZLEL (€8-GVN SNOZ LSV3 WALSAS ALVNIGNOOD ANVid SLVLS SIONITI SHL NO GaSVa ONINVAg) NOILOZS YSLYVNO GIVS JO ANI LSSM SHL SNOW LSVS SGNOOAS 0S SSLNNIN ZO SSSNODAG 00 HLYON JONSHL ‘6ZZZE1-€007Y GNYOOSY LNAWANOW Yad ‘YALYVNO LSAMHLYON GIVS 4O YSNYNOO LSAMHLNOS SHL LV ONIONSWWOO ‘SMOT1O4 SV G3dINOS3 ‘NVICGINSW WdlONIdd GHIHL SHL AO LSV3 6 SDNVY ‘'HLYON 6€ dIHSNMOL ‘2 NOILOAS JO YALYVNO LSAMHLYON SHL JO LYWd LVHL ===== PDF PAGE 124 ===== [Extraction: OCR (rendered-page OCR)] 77.83 FEET; THENCE NORTH 00 DEGREES 01 MINUTES 39 SECONDS EAST 938.73 FEET, TO THE POINT OF BEGINNING; BEGINNING, IN DUPAGE COUNTY, ILLINOIS. P.I.N.: 04-07-102-018 Common address: 555 Innovation Drive Circle, West Chicago, Illinois 60185 454988_2 39 ===== PDF PAGE 125 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT E ABATEMENT PROCESS Capitalized terms in this EXHIBIT E shall have the meanings as set forth for said terms in the “Intergovernmental Agreement Between the City of West Chicago, DuPage Airport Authority, West Chicago Library District, West Chicago Fire Protection District, West Chicago Elementary School District 33, Community High School District 94 and Scannell Properties #371, LLC in Regard to a Property Tax Abatement Relative to the Development of the Scannell Property” (“IGA”), unless otherwise defined in this EXHIBIT E; As of the Effective Date of the IGA, the process for administering the Tax Abatement is: 4 Within sixty (60) days of the Commencement Date, each UNIT OF GOVERNMENT shall adopt an Abatement Ordinance / Resolution, and send a certified copy of its Abatement Ordinance / Resolution to the Clerk. 2. The Clerk shall, at the time the tentative tax rates are prepared for each year's property tax levy, send to the chief executive officer of each of the UNITS OF GOVERNMENT a letter setting forth, with respect to the Tax Abatement, the parcel(s) affected, the amount of property taxes to be levied, and the amount of the abatement attributable to each of the UNITS OF GOVERNMENT (“Abatement Letter’). o: Each of the UNITS OF GOVERNMENT shall, each year, review the Abatement Letter from the Clerk, note any changes in the information provided, and then sign and return the Abatement Letter to the Clerk, all within seven (7) days of receipt of the Abatement Letter. 4. The Clerk shall track and account for the total Tax Abatement paid to the DEVELOPER. 5; The Clerk shall calculate the property tax levy for each of the UNITS OF GOVERNMENT taking the Tax Abatement into account, as approved by each of the UNITS OF GOVERNMENT with regard to its annual Abatement Letter. 6. The Tax Abatement for the Subject Property abated in previous and future years by all other taxing districts, shall not exceed the total of Four Million and No/100 Dollars ($4,000,000.00). 454988_2 40