===== PDF PAGE 30 =====
[Extraction: OCR (rendered-page OCR)]
CITY OF WEST CHICAGO
FINANCE COMMITTEE
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: _©-A+ ©.
Greco/DeRosa and Crest Hill Investment LLC
FILE NUMBER:
Resolution No. 21-R-0002 — Partial Property Tax COMMITTEE AGENDA DATE: 9/22/2020
Abatement
COUNCIL AGENDA DATE: 2/1/2021
Resolution No. 21-R-0003 — Economic Incentives _|
STAFF REVIEW: SIGNATURE
APPROVED BY CITY ADMINISTRATOR:
SIGNATURE.
ITEM SUMMARY:
In 2015, the Finance Committee endorsed a package of incentives to attract larger businesses to our community,
which included a partial property tax abatement, partial rebates of utility taxes and a partial waiver of building
permit fees.
Greco/DeRose Investment Group is wanting to locate a subsidiary of Greco (The Cheese Merchants) at 2595
Enterprise Drive on apportion of 46+ acres it purchased; the building is approximately 295,600 square feet, and
project costs are expected to exceed $15 million. About 40 employees will be working in this building.
The incentives tentatively agreed to by the parties include the following: (1) a 50% property tax abatement for 10
years, up to $4,000,000 by District 33, District 94, the Fire Protection District, the Library District, the DuPage
Airport Authority and the City; (2) a waiver of 50% of the building permit fees by the City (excluding the sewer
capacity charge and third party fees paid for by the City); and (3) a rebate of the City’s electric use tax, up to
$200,000, when a manufacturing component is added to this development.
In return for the incentives, the building would need to remain operational for 15 years, or else there are clawback
provisions that would result in portions of the incentives being repaid, the amount determined by the number of
years the building was occupied.
The lawyers from all parties are still sorting through the documents, but all parties have agreed upon the material
terms. The goal would be to have all approvals done by the end of March.
ACTIONS PROPOSED:
Staff recommends approval of Resolutions No. 21-R-0002 and 21-R-0003.
COMMITTEE RECOMMENDATION:
The Finance Committee unanimously recommends approval of Resolutions No. 21-R-0002 and 21-R-0003.

===== PDF PAGE 31 =====
[Extraction: OCR (rendered-page OCR)]
1307 Schiferl Rd.
Bartlett, IL 60103
wl
GRECO | DEROSA
INVESTMENT GROUP
Via E-mail & US Mail
9/14/2020
Mr. Michael Guttman
West Chicago City Manager
435 Main Street
West Chicago, IL, 60185
Dear Mr. Guttman;
Please accept this letter as a request of the City of West Chicago for Real Estate Tax Abatements and
Municipal Fee Credits, in cooperation with other local taxing bodies. $5,306,695.23 in Property Taxes will
be generated over the next 10 years by this project. $2,330,063.56 would be abated, Net to various taxing
bodies $2,976,63 1.68. When incentive expires at least $5,306,695,23 will be collected. Number could
increase based on changes to assessment, tax rates,
Municipal Fees of $65,005.85; $94,593.28; $249,934.22 have been paid. Municipal Fee Credit would
refund $100,000,
Projecting Annual Utility Costs will be $350K, 50% of local clectric tax credit should be about $15K.
Attached is Project Profile.
Also attached is a spread sheet illustrating property tax abatement in line with abatements agreed to by City
of West Chicago in other instances.
Any questions, please contact Rory O’Conor at 224 436 0235. Thank you for support and cooperation.
Ron DeRosa
Principal
Greco/DeRosa Investment Group, LLC
Sincerely,
Rory O’Conor, Taxpayer's Agent
www.gdinvestmentgroup.com + Main: 630.580.0750 + Fax; 630.580.0749

===== PDF PAGE 32 =====
[Extraction: OCR (rendered-page OCR)]
Project Description for 2595 Enterprise Drive, West Chicago IL
46.839 Acres purchased from DuPage Airport Authority.
295,641 SF. Pre-Cast Warehouse. ’36 Clear Ceiling Height. 41 Truck Docks, 4 Drive in Doors, 21 Future
Truck Docks.
Construction Costs $15MM. G4 Construction, General Contractor. Local Sub-Contractors have been used.
Projected completion date 9/1/2020.
In final lease negotiations with Tenant. Occupancy early next year after Tenant Improvements complete.
50 employees at average salary of $40,000 per anum. All Illinois residents.
Benefits including:
Medical, Dental, Life, Health Sharing.
401 / Profit Sharing Retirement Plan.
Paid Vacations and Holidays.

===== PDF PAGE 33 =====
[Extraction: OCR (rendered-page OCR)]
Sheet
2595 Enterprise Drive ~~ L t |
West Chicago, IL |
Real Estate 2021, pay 2022 | 2022, pay 2023 | 2023, pay 2024 | 2024, pay 2025 | 2025, pay 2026 | 2026, pay2027 | 2027, pay 2028 | 2028, pay 2029 | 2029, pay 2030 | 2030, pay 2031 Totals Long Term Debt | Net of new taxes {Long Term Debt Reduction
|
04-18-100-012 | |
Square Feet 296000 296000 296000 296000 296000 296000 4 296000 296000 296000 296000
Assessment $5,372,400 $5,372,400 $5,372,400 $5,372,400 $5,372,400 [_ $5,372,400 $5,372,400 | $5,372,400 |__—-$5,372,400 $5,372,400
Tax Rate 0.09875000 0.09875000 | 0.09875000 0.09875000 0.09875000 0.09875000 0.09875000 0.09875000 0.09875000 0.09875000
Incremental Tax Due to Development $530,524.50 $530,524.50 $530,524.50 $530,524.50 $530,524.50 $530,524.50 | $530,524.50 $530,524.50 $530,524.50 $530,524.50 $5,305,245.00
Breakout
|
Grade School District 33 0.0443| $238,018.81 $238,018.81 $238,018.81 $238,018.81 | $238,018.81 | $238,018.81 $238,018.81 $238,018.81 $238,018.81 $238,018.81 $2,380,188.10
Grade School District 33 Pension 0.002502 $13,441.74 $13,441.74 $13,441.74 $13,441.74 $13,441.74 $13,441.74 $13,441.74 $13,441.74 $13,441.74 $13,441.74 $134,417.40
High School District 94 0.021888 $117,591.09 $117,591.09 $117,591.09 $117,591.09 $117,591.09 $117,591.09 $117,591.09 $117,591.09 $117,591.09 $117,591.09 $1,175,910.90
High School District 94 Pension 0.000685 $3,680.09 $3,680.09 $3,680.09 $3,680.09 $3,680.09 $3,680.09 $3,680.09 $3,680.09 $3,680.09 | $3,680.09 $36,800.90
West Chicago Fire District 0.008135) $43,704.47 $43,704.47 $43,704.47 $43,704.47 $43,704.47 $43,704.47 $43,704.47 $43,704.47 $43,704.47 $43,704.47 $437,044.70
West Chicago Fire District Pension 0.00116 $6,231.98 $6,231.98 $6,231.98 $6,231.98 $6,231.98 $6,231.98 $6,231.98 $6,231.98 $6,231.98 $6,231.98 $62,319.80
City of West Chicago 0.005034 $27,044.66 $27,044.66 $27,044.66 $27,044.66 $27,044.66 $27,044.66 $27,044.66 $27,044.66 $27,044.66 $27,044.66 $270,446.60
West Chicago Library District 0.002728 $14,655.91 $14,655.91 $14,655.91 $14,655.91 $14,655.91 $14,655.91 $14,655.91 $14,655.91 $14,655.91 $14,655.91 $146,559.10
West Chicago Library District Pension 0.000165 $886.45 $886.45 $886.45 $886.45 $886.45 $886.45 $886.45 $886.45 $886.45 $886.45 $8,864.50
Dupage Airport Authority 0.000141 $757.51 $757.51 $757.51 $757.51 $757.51 $757.51 $757.51 $757.51 $757.51 $757.51 $7,575.10
Warrenville Park District 0.004577 $24,589.47 | $24,589.47 $24,589.47 $24,589.47 $24,589.47 $24,589.47 $24,589.47 $24,589.47 $24,589.47 $24,589.47 $245,894.70
College of Dupage 0.002112 $11,346.51 $11,346.51 $11,346.51 $11,346.51 $11,346.51 $11,346.51 $11,346.51 $11,346.51 $11,346.51 $11,346.51 $113,465.10
County of Dupage 0.001002 $5,383.14 $5,383.14 | $5,383.14 $5,383.14 $5,383.14 $5,383.14 $5,383.14 $5,383.14 $5,383.14 $5,383.14 $53,831.40
County of Dupage Pension 0.000209 $1,122.83 $1,122.83 $1,122.83 $1,122.83 $1,122.83 $1,122.83 $1,122.83 $1,122.83 $1,122.83 $1,122.83 $11,228.30
Winfield Township Road 0.001452] $7,800.72 $7,800.72 $7,800.72 $7,800.72 $7,800.72 $7,800.72 $7,800.72 $7,800.72 $7,800.72 $7,800.72 $78,007.20
Winfield Township Road Pension 0.000058 $311.60 $311.60 $311.60 $311.60 $311.60 $311.60 $311.60 $311.60 $311.60 $311.60 $3,116.00:
Forest Preserve District 0.001141 $6,129.91 $6,129.91 $6,129.91 $6,129.91 $6,129.91 $6,129.91 $6,129.91 $6,129.91 $6,129.91 $6,129.91 $61,299.10
Forest Preserve District Pension 0.000104 $542.61 | $542.61 $542.61 $542.61 $542.61 $542.61 $542.61 $542.61 $542.61 $542.61 $5,426.10
Winfield Township 0.000939 $5,044.68 $5,044.68 $5,044.68 | $5,044.68 $5,044.68 $5,044.68 $5,044.68 $5,044.68 $5,044.68 $5,044.68 $50,446.80
County Health Department 0.000331 $1,778.26 $1,778.26 $1,778.26 $1,778.26 $1,778.26 $1,778.26 $1,778.26 $1,778.26 $1,778.26 $1,778.26 $17,782.60
County Health Department Pension 0.000113 $607.08 $607.08 $607.08 $607.08 $607.08 $607.08 $607.08 $607.08 $607.08 $607.08 $6,070.80
es et
Total 0.098777} _ $530,669.55 $530,669.52 $530,669.52 $530,669.52 $530,669.52 $530,669.52 $530,669.52 $530,669.52 $530,669.52 $530,669.52 $5,306,695.23
Abated Taxes ~
Srade School District 33 0.044304 $119,009.40 $119,009.41 $119,009.41 $119,009.41 $119,009.41 $119,009.41 $119,009.41 $119,009.41 $119,009.41 $119,009.41 $1,190,094.05] $30,990,000 $29,799,905.95 -3.8%
Srade School District 33 Pension 0.002502 $6,720.87 $6,720.87 $6,720.87 $6,720.87 $6,720.87 $6,720.87; $6,720.87 $6,720.87 $6,720.87 $6,720.87 $67,208.70
digh School District 94 0.021888. $58,795.55 $58,795.55 $58,795.55 $58,795.55 $58,795.55 $58,795.55 $58,795.55 $58,795.55 $58,795.55 $58,795.55 $587,955.45| $45,708,500 $45,120,544.55 -1.3%
igh School District 94 Pension 0.000685 $1,840.05 $1,840.05 $1,840.05 $1,840.05 $1,840.05 $1,840.05 $1,840.05 $1,840.05 $1,840.05 $1,840.05 $18,400.45
Nest Chicago Fire District 0.008135: $21,852.24 $21,852.24 $21,852.24 $21,852.24 $21,852.24 $21,852.24 $21,852.24 $21,852.24 $21,852.24 $21,852.24 $218,522.35 $9,301,252 $9,082,729.65 -2.3%
Nest Chicago Fire District Pension 0.00116 $3,115.99 $3,115.99 $3,115.99 $3,115.99 $3,115.99 $3,115.99} $3,115.99 $3,115.99 $3,115.99 $3,115.99 $31,159.90
dity of West Chicago 0.005034 $13,522.33 $13,522.33 $13,522.33 $13,522.33 $13,522.33 $13,522.33 $13,522.33 $13,522.33 $13,522.33 $13,522.33 $135,223.30 $2,985,000 $2,849,776.70 4.5%
Nest Chicago Library District 0.002728 $7,327.95 $7,327.96 $7,327.96 $7,327.96 $7,327.96 $7,327.96 $7,327.96 $7,327.96 $7,327.96 $7,327.96} $73,279.55
Nest Chicago Library District Pension 0.000165 $443.22 $443.23 $443.23 $443.23 $443.23 $443.23 $443.23 $443.23 $443.23 $443.23 $4,432.25 _|
upage Airport Authority 0.000141 $378.75 $378.76 $378.76 $378.76 $378.76) $378.76 $378.76 $378.76 $378.76 $378.76 $3,787.55
‘otal 0.086742 $233,006.36 $233,006.36 $233,006.36 $233,006.36 $233,006.36] $233,006.36 $233,006.36 $233,006.36 $233,006.36 $233,006.36 $2,330,063.56] $88,984,752.00| $86,852,956.85 $2,131,795.15
‘otal Tax Collected $297,663.19 $297,663.17 $297,663.17 $297,663.17 $297,663.17 $297,663.17|_ $297,663.17 $297,663.17 $297,663.17| $297,663.17 $2,976,631.68
‘otal Incremental Tax Collected
=
irade School District 33 0.044304 $119,009.40 $119,009.41 $119,009.41 $119,009.41 $119,009.41 $119,009.41 $119,009.41 $119,009.41] $119,009.44 $119,009.41 $1,190,094.05
irade School District 33 Pension 0.002502 $6,720.87 $6,720.87 $6,720.87 $6,720.87 $6,720.87 $6,720.87 $6,720.87 $6,720.87 $6,720.87 $6,720.87 $67,208.70
ligh School District 94 0.021888 $58,795.55 $58,795.55} $58,795.55 $58,795.55 $58,795.55 $58,795.55 $58,795.55 $58,795.55 $58,795.55 $58,795.55 $587,955.45
‘igh School District 94 Pension 0.000685, $1,840.05 $1,840.05 $1,840.05 $1,840.05 $1,840.05 $1,840.05 $1,840.05 $1,840.05 $1,840.05 $1,840.05) $18,400.45
Jest Chicago Fire District 0.008135 $21,852.24 $21,852.24 $21,852.24 $21,852.24 $21,852.24 $21,852.24 $21,852.24 $21,852.24 $21,852.24 $21,852.24 $218,522.35
Jest Chicago Fire District Pension 0.00116] $3,115.99 $3,115.99 $3,115.99 $3,115.99 $3,115.99 $3,115.99 $3,115.99 $3,115.99 $3,115.99 $3,115.99 $31,159.90
ity of West Chicago 0.005034 $13,522.33 $13,522.33, $13,522.33 $13,522.33 $13,522.33] $13,522.33 $13,522.33 $13,522.33 $13,522.33 $13,522.33 $135,223.30,
Jest Chicago Library District 0.002728 $7,327.95 $7,327.96 $7,327.96 $7,327.96 $7,327.96 $7,327.96 $7,327.96 $7,327.96 $7,327.96. $7,327.96 $73,279.55
lest Chicago Library District Pension 0.000165 $443.22 $443.23 $443.23 $443.23 $443.23) $443.23 $443.23 $443.23 $443.23 $443.23] $4,432.25 |
upage Airport Authority _| 0.000141 $378.75 $378.76 $378.76 $378.76 $378.76 $378.76 $378.76 $378.76 $378.76 $378.76 $3,787.55
otal t 0.086742 $233,006.36 $233,006.36 $233,006.36 $233,006.36 $233,006.36 $233,006.36 $233,006.36 $233,006.36, $233,006.36 $233,006.36 $2,330,063.56:
on Abated Taxing Authorties $64,656.83 $64,656.81 $64,656.81 $64,656.81 $64,656.81 $64,656.81 $64,656.81 $64,656.81 $64,656.81 $64,656.81 $646,568.12
_{
Page 1

===== PDF PAGE 34 =====
[Extraction: OCR (rendered-page OCR)]
RESOLUTION NO. 21-R-0002
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 CREST HILL INVESTMENT LLC IN REGARD TO A PROPERTY TAX
ABATEMENT RELATIVE TO THE DEVELOPMENT OF THE GRECO/DEROSA
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 School District 33, Community High School District 94, and
Crest Hill Investment LLC in regard to a Property Tax Abatement Relative to the
Development of the Greco/DeRosa Property, a copy of which, in substantially the
same form, is attached hereto and incorporated herein as Exhibit “A”.
APPROVED this 1* day of February, 2021.
AYES:
NAYES:
ABSTAIN:
ABSENT:
Mayor Ruben Pineda
ATTEST:
City Clerk Nancy M. Smith

===== PDF PAGE 35 =====
[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 CREST HILL INVESTMENT LLC IN REGARD TO A
PROPERTY TAX ABATEMENT RELATIVE TO THE DEVELOPMENT OF THE
GRECO/DEROSA PROPERTY
This INTERGOVERNMENTAL AGREEMENT (“Agreement”) is entered into this
day of , 2021 (“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 CREST HILL
INVESTMENT LLC, an Illinois limited liability company (‘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 [ ] 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
451926_3 1

===== PDF PAGE 36 =====
[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 ninety-five
thousand (295,000) 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, the DEVELOPER desires to own, develop and lease 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
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
451926_3 2

===== PDF PAGE 37 =====
[Extraction: OCR (rendered-page OCR)]
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:
1. INCORPORATION OF PREAMBLES. The preambles hereto, as set forth above,
are incorporated herein by reference and are made part hereof.
2. 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 tenants on the Subject Property, of the
following conditions. The DEVELOPER, or the DEVELOPER’s tenants on the
Subject Property, shall:
A. Construct and operate the Project on the Subject Property substantially in
accordance with EXHIBITS B-1 and B-2;
B. Obtain certificates of occupancy, or final approvals, for the Project from all
governmental entities having jurisdiction over the design and construction
451926_3 3

===== PDF PAGE 38 =====
[Extraction: OCR (rendered-page OCR)]
451926_3
of the Project, on or before June 30, 2021. 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;
Have Cheese Merchants of America LLC (“Cheese Merchants”) or its
successors and / or assigns, so long as the successors and / or assigns are
another company owned by Greco and Sons, Inc., as a tenant on the
Subject Property, or else during the first ten (10) years following the
Commencement Date, obtain the CITY’S prior written consent before any
other user, licensee, tenant or occupant, 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 Cheese Merchants or its permitted successors
and / or assigns, 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
forth in the DEVELOPER'S request. If the CITY does not consent to an
Occupant, the DEVELOPER may terminate this Agreement, which
termination shall serve as a “Termination” as defined in Section 3.B. below,
and the DEVELOPER shall be required to make any payments to the UNITS
OF GOVERNMENT as set forth in Sections 3.B.1. and 3.B.2.;
Comply with the real estate tax obligations set forth in Section 4. below; and

===== PDF PAGE 39 =====
[Extraction: OCR (rendered-page OCR)]
Notwithstanding any provision in this Agreement to the contrary, if the
DEVELOPER, or any of the DEVELOPER’s tenants 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.
451926_3
Subject to the DEVELOPER, or the DEVELOPER’s tenants 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. Fora maximum 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.A.2. below has not been abated;
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 Fifty Percent (50%) 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”),
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

===== PDF PAGE 40 =====
[Extraction: OCR (rendered-page OCR)]
451926_3
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 Project ceases operating 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
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

===== PDF PAGE 41 =====
[Extraction: OCR (rendered-page OCR)]
4.
451926_3
thirty (30) days of a written demand from the UNITS OF GOVERNMENT
for such reimbursement.
REAL ESTATE TAX OBLIGATIONS OF THE DEVELOPER.
A.
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;
2. 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
3. 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
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

===== PDF PAGE 42 =====
[Extraction: OCR (rendered-page OCR)]
451926_3
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, et 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.
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
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-

===== PDF PAGE 43 =====
[Extraction: OCR (rendered-page OCR)]
451926_3
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, a virus,
including COVID-19, pandemic 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.
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
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,

===== PDF PAGE 44 =====
[Extraction: OCR (rendered-page OCR)]
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.
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:
451926_3
10

===== PDF PAGE 45 =====
[Extraction: OCR (rendered-page OCR)]
451926_3
A. If to the CITY:
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
B. If to the LIBRARY:
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 Izzo

===== PDF PAGE 46 =====
[Extraction: OCR (rendered-page OCR)]
E. If to the DUPAGE AIRPORT F. If to the DEVELOPER:
AUTHORITY:
DuPage Airport Authority Crest Hill Investment LLC
2700 International Drive, Suite 200 1307 Schiferl Road
West Chicago, Illinois 60185 Bartlett, Illinois 60103
Attn: Chairman Attn: Ron DeRosa and Brian
Barrett
With copies to With a copy to:
DuPage Airport Authority Honigman LLP
2700 International Drive, Suite 200 155 N. Wacker Drive, Suite 3100
West Chicago, Illinois 60185 Chicago, Illinois 60606
Attn: Executive Director Attn: Marcia Owens
Schirott, Luetkehans & Garner, 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
registered mail shall be deemed given three (3) days after depositing same in the
mail.
451926_3 12

===== PDF PAGE 47 =====
[Extraction: OCR (rendered-page OCR)]
7. 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. ASSIGNMENT. Upon prior written notice to the CITY, DEVELOPER shall have the
right to assign all rights, duties and obligations under this Agreement to any entity
that is an affiliate or subsidiary of Greco and Sons, Inc. which takes title to the
Subject Property. All other assignments of this Agreement by DEVELOPER shall
require the CITY’s consent, which may be withheld in the CITY’s sole discretion.
9. 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.
10. 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
451926_3 13

===== PDF PAGE 48 =====
[Extraction: OCR (rendered-page OCR)]
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
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]
451926_3 14

===== PDF PAGE 49 =====
[Extraction: OCR (rendered-page OCR)]
CITY OF WEST CHICAGO
By:
Ruben Pineda, Mayor
ATTEST:
WEST CHICAGO PUBLIC LIBRARY
DISTRICT
Nancy M. Smith, City Clerk
By:
, President
ATTEST:
, Secretary
Dated:
WEST CHICAGO COMMUNITY HIGH
SCHOOL DISTRICT 94
By:
, President
ATTEST:
, Secretary
Dated:
CREST HILL INVESTMENT LLC
By:
ATTEST:
Dated:
WEST CHICAGO ELEMENTARY
SCHOOL DISTRICT 33
By:
, President
ATTEST:
, Secretary
Dated:
DUPAGE AIRPORT AUTHORITY
By:
, Chairman
ATTEST:
, Secretary
Dated:
451926_3
15
Dated:

===== PDF PAGE 50 =====
[Extraction: OCR (rendered-page OCR)]
WEST CHICAGO FIRE PROTECTION
DISTRICT
By:
, President
ATTEST:
, Secretary
Dated:
451926_3 16

===== PDF PAGE 51 =====
[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 ;
2021.
Notary Public
My Commission Expires:
451926_3 17

===== PDF PAGE 52 =====
[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 i
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 '
2021.
Notary Public
My Commission Expires:
451926_3 18

===== PDF PAGE 53 =====
[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 '
2021.
Notary Public
My Commission Expires:
451926_3 19

===== PDF PAGE 54 =====
[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 Schoo! 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 ;
2021.
Notary Public
My Commission Expires:
451926_3 20

===== PDF PAGE 55 =====
[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 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 ;
2021.
Notary Public
My Commission Expires:
451926_3 21

===== PDF PAGE 56 =====
[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 ;
2021.
Notary Public
My Commission Expires:
451926_3 22

===== PDF PAGE 57 =====
[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 Eduardo Greco, personally known to me to be
the Manager of Crest Hill Investment LLC, and also known to me to be the same person
whose names is subscribed to the foregoing instrument as such Manager, respectively,
appeared before me this day in person and severally acknowledged that, as such
Manager, he 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 ;
2021.
Notary Public
My Commission Expires:
451926_3 20

===== PDF PAGE 58 =====
[Extraction: OCR (rendered-page OCR)]
EXHIBIT A-1
Legal Description of Subject Property
(attached)
451926_3 24

===== PDF PAGE 59 =====
[Extraction: OCR (rendered-page OCR)]
THAT PART OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 39
NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS: BEGINNING AT THE WESTERLY MOST CORNER OF DUPAGE
NATIONAL TECHNOLOGY PARK SOUTH ASSESSMENT PLAT LOT 2, ACCORDING
TO THE PLAT THEREOF RECORDED OCTOBER 10, 2007 AS DOCUMENT NUMBER
R2007-184627, ALSO BEING A POINT ON THE SOUTHEASTERLY LINE OF
ENTERPRISE CIRCLE, ACCORDING TO THE PLAT RECORDED JULY 17, 2007 AS
DOCUMENT R2007-131936; THENCE ALONG THE WEST LINE OF SAID LOT 2 FOR
THE NEXT 6 COURSES: 1) THENCE SOUTH 50 DEGREES 56 MINUTES 58
SECONDS EAST 100.80 FEET TO A POINT OF CURVATURE; 2) THENCE
SOUTHEASTERLY 169.54 FEET ALONG THE ARC OF A TANGENT CIRCLE TO THE
RIGHT HAVING A RADIUS OF 380.60 FEET AND WHOSE CHORD BEARS SOUTH 38
DEGREES 11 MINUTES 17 SECONDS EAST 168.14 FEET TO A POINT OF
COMPOUND CURVATURE; 3) THENCE SOUTHERLY 40.33 FEET ALONG THE ARC
OF A TANGENT CIRCLE TO THE RIGHT HAVING A RADIUS OF 90.00 FEET AND
WHOSE CHORD BEARS SOUTH 12 DEGREES 35 MINUTES 21 SECONDS EAST
39.99 FEET TO A POINT OF TANGENCY; 4) THENCE SOUTH 00 DEGREES 14
MINUTES 55 SECONDS WEST 465.21 FEET; 5) THENCE SOUTH 28 DEGREES 34
MINUTES 09 SECONDS WEST 28.65 FEET; 6) THENCE SOUTH 00 DEGREES 14
MINUTES 55 SECONDS WEST 111.38 FEET TO THE SOUTH WEST CORNER OF
SAID LOT 2; THENCE SOUTH 00 DEGREES 46 MINUTES 59 SECONDS WEST 227.53
TO A POINT ON SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH
89 DEGREES 06 MINUTES 02 SECONDS WEST ALONG SAID SOUTH LINE 1959.41
FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER PER
MONUMENT RECORD 1633400 AS RECORDED IN KANE COUNTY ON MARCH 23,
1983; THENCE NORTH 00 DEGREES 02 MINUTES 57 SECONDS WEST ALONG THE
WEST LINE OF SAID NORTHWEST QUARTER SECTION 1050.31 FEET; THENCE
NORTH 89 DEGREES 57 MINUTES 03 SECONDS EAST PERPENDICULAR TO SAID
WEST LINE 646.05 FEET; THENCE NORTH 33 DEGREES 16 MINUTES 29 SECONDS
EAST 84.39 FEET TOA POINT ON THE SOUTH LINE OF SAID ENTERPRISE CIRCLE;
THENCE ALONG THE SOUTH LINE OF SAID ENTERPRISE CIRCLE FOR THE NEXT
3 COURSES: 1) THENCE EASTERLY 241.54 FEET ALONG THE ARC OF A NON
TANGENT CIRCLE TO THE LEFT HAVING A RADIUS OF 385.00 FEET AND WHOSE
CHORD BEARS SOUTH 72 DEGREES 00 MINUTES 08 SECONDS EAST 237.60 FEET
TO A POINT OF TANGENCY; 2) THENCE SOUTH 89 DEGREES 58 MINUTES 31
SECONDS EAST 685.58 FEET TO A POINT OF CURVATURE; 3) THENCE EASTERLY
192.41 FEET ALONG THE ARC OF A TANGENT CIRCLE TO THE LEFT HAVING A
RADIUS OF 385.08 FEET AND WHOSE CHORD BEARS NORTH 75 DEGREES 42
MINUTES 38 SECONDS EAST 190.42 FEET TO THE POINT OF BEGINNING, IN
DUPAGE COUNTY, ILLINOIS.
P.I.N.: 04-18-100-012
Common address: 2520 Enterprise Circle, West Chicago, Illinois
451926_3 25

===== PDF PAGE 60 =====
[Extraction: OCR (rendered-page OCR)]
EXHIBIT A-2
Depiction of Subject Property
(attached)
451926_3 26

===== PDF PAGE 61 =====
[Extraction: OCR (rendered-page OCR)]
N
1inch=890feet
451926_3
27

===== PDF PAGE 62 =====
[Extraction: OCR (rendered-page OCR)]
EXHIBITB-1
ProjectSite Plan
(attached)
451926_3
28

===== PDF PAGE 63 =====
[Extraction: OCR (rendered-page OCR)]
ENTERPRISECOURTINDUSTRIAL
HEGIONAL
OVERALLSITEPLAN
DETENIION
1CNO4
BUELDENG1
SLL"MASS GRADINGPUACSICR
ENTERPRBECOURTNOUSTAL
CULE
M43.$:V17
FET
OVST
cru
451926_3

===== PDF PAGE 64 =====
[Extraction: OCR (rendered-page OCR)]
EXHIBIT B-2
Project Description
The Developer shall construct an approximately two hundred ninety five thousand
(295,000) square foot pre-cast warehouse on approximately acres of land
purchased from the DuPage Airport Authority. Forty (40) or more employees will be
working in the building at an average annual salary of Forty Thousand and No/100 Dollars
($40,000.00) once open and operating at full capacity.
451926_3 30

===== PDF PAGE 65 =====
[Extraction: OCR (rendered-page OCR)]
EXHIBIT C
Anticipated Assessed Values
Anticipated
Assessed
Year Valuation
Year 1 $5,372,400
Year 2 $5,533,600
Year 3 $5,699,700
Year 4 $5,870,700
Year 5 $6,046,900
Year 6 $6,228,400
Year 7 $6,415,300
Year 8 $6,607,800
Year 9 $6,806,100
Year 10 $7,010,300
Year 11 $7,220,700
Year 12 $7,437,400
Year 13 $7,660,600
Year 14 $7,890,500
Year 15 $8,127,300
Total $99,927,700
451926_3 31

===== PDF PAGE 66 =====
[Extraction: OCR (rendered-page OCR)]
EXHIBITD
AbatementOrdinance/Resolution
(attached)
451926_3
32

===== PDF PAGE 67 =====
[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 Crest Hill Investment LLC in Regard to a Property Tax Abatement Relative
to the Development of the Greco/DeRosa Property,” dated __, 2021 (“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).
451926_3 33

===== PDF PAGE 68 =====
[Extraction: OCR (rendered-page OCR)]
Section 3. The Abatement Rate shall be Fifty Percent (50%) 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 ,20_.
[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_.]
451926_3 34

===== PDF PAGE 69 =====
[Extraction: OCR (rendered-page OCR)]
EXHIBIT 1
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY
(attached)
451926_3 35

===== PDF PAGE 70 =====
[Extraction: OCR (rendered-page OCR)]
THAT PART OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 39
NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS: BEGINNING AT THE WESTERLY MOST CORNER OF DUPAGE
NATIONAL TECHNOLOGY PARK SOUTH ASSESSMENT PLAT LOT 2, ACCORDING
TO THE PLAT THEREOF RECORDED OCTOBER 10, 2007 AS DOCUMENT NUMBER
R2007-184627, ALSO BEING A POINT ON THE SOUTHEASTERLY LINE OF
ENTERPRISE CIRCLE, ACCORDING TO THE PLAT RECORDED JULY 17, 2007 AS
DOCUMENT R2007-131936; THENCE ALONG THE WEST LINE OF SAID LOT 2 FOR
THE NEXT 6 COURSES: 1) THENCE SOUTH 50 DEGREES 56 MINUTES 58
SECONDS EAST 100.80 FEET TO A POINT OF CURVATURE; 2) THENCE
SOUTHEASTERLY 169.54 FEET ALONG THE ARC OF A TANGENT CIRCLE TO THE
RIGHT HAVING A RADIUS OF 380.60 FEET AND WHOSE CHORD BEARS SOUTH 38
DEGREES 11 MINUTES 17 SECONDS EAST 168.14 FEET TO A POINT OF
COMPOUND CURVATURE; 3) THENCE SOUTHERLY 40.33 FEET ALONG THE ARC
OF A TANGENT CIRCLE TO THE RIGHT HAVING A RADIUS OF 90.00 FEET AND
WHOSE CHORD BEARS SOUTH 12 DEGREES 35 MINUTES 21 SECONDS EAST
39.99 FEET TO A POINT OF TANGENCY; 4) THENCE SOUTH 00 DEGREES 14
MINUTES 55 SECONDS WEST 465.21 FEET; 5) THENCE SOUTH 28 DEGREES 34
MINUTES 09 SECONDS WEST 28.65 FEET; 6) THENCE SOUTH 00 DEGREES 14
MINUTES 55 SECONDS WEST 111.38 FEET TO THE SOUTH WEST CORNER OF
SAID LOT 2; THENCE SOUTH 00 DEGREES 46 MINUTES 59 SECONDS WEST 227.53
TO A POINT ON SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH
89 DEGREES 06 MINUTES 02 SECONDS WEST ALONG SAID SOUTH LINE 1959.41
FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER PER
MONUMENT RECORD 1633400 AS RECORDED IN KANE COUNTY ON MARCH 23,
1983; THENCE NORTH 00 DEGREES 02 MINUTES 57 SECONDS WEST ALONG THE
WEST LINE OF SAID NORTHWEST QUARTER SECTION 1050.31 FEET; THENCE
NORTH 89 DEGREES 57 MINUTES 03 SECONDS EAST PERPENDICULAR TO SAID
WEST LINE 646.05 FEET; THENCE NORTH 33 DEGREES 16 MINUTES 29 SECONDS
EAST 84.39 FEET TO A POINT ON THE SOUTH LINE OF SAID ENTERPRISE CIRCLE;
THENCE ALONG THE SOUTH LINE OF SAID ENTERPRISE CIRCLE FOR THE NEXT
3 COURSES: 1) THENCE EASTERLY 241.54 FEET ALONG THE ARC OF A NON
TANGENT CIRCLE TO THE LEFT HAVING A RADIUS OF 385.00 FEET AND WHOSE
CHORD BEARS SOUTH 72 DEGREES 00 MINUTES 08 SECONDS EAST 237.60 FEET
TO A POINT OF TANGENCY; 2) THENCE SOUTH 89 DEGREES 58 MINUTES 31
SECONDS EAST 685.58 FEET TO A POINT OF CURVATURE; 3) THENCE EASTERLY
192.41 FEET ALONG THE ARC OF A TANGENT CIRCLE TO THE LEFT HAVING A
RADIUS OF 385.08 FEET AND WHOSE CHORD BEARS NORTH 75 DEGREES 42
MINUTES 38 SECONDS EAST 190.42 FEET TO THE POINT OF BEGINNING, IN
DUPAGE COUNTY, ILLINOIS.
P.I.N.: 04-18-100-012
Common address: , West Chicago, Illinois
451926_3 36

===== PDF PAGE 71 =====
[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 Crest Hill
Investment LLC In Regard To A Property Tax Abatement Relative To The Development
Of The Greco/Derosa 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:
a, 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’).
3. 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).
451926_3 37

===== PDF PAGE 72 =====
[Extraction: OCR (rendered-page OCR)]
RESOLUTION NO. 21-R-0003
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN ECONOMIC
INCENTIVE AGREEMENT BY AND BETWEEN THE CITY OF WEST
CHICAGO AND CREST HILL INVESTMENT LLC
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
Economic Incentive Agreement by and between the City of West Chicago and Crest
Hill Investment LLC, a copy of which, in substantially the same form, is attached
hereto and incorporated herein as Exhibit “A”.
APPROVED this 1* day of February, 2021.
AYES:
NAYES:
ABSTAIN:
ABSENT:
Mayor Ruben Pineda
ATTEST:
City Clerk Nancy M. Smith

===== PDF PAGE 73 =====
[Extraction: OCR (rendered-page OCR)]
ECONOMIC INCENTIVE AGREEMENT BY AND BETWEEN THE
CITY OF WEST CHICAGO AND CREST HILL INVESTMENT LLC
This ECONOMIC INCENTIVE AGREEMENT (“Agreement”) is entered into this
____ day of , 2021 (“Effective Date”) by and between the City of West
Chicago, an Illinois home rule municipal corporation (“CITY”), and Crest Hill Investment
LLC, an Illinois limited liability company (“DEVELOPER”). The CITY and the
DEVELOPER are sometimes individually referred to herein as a “Party” and collectively
referred to as the “Parties.”
WITNESSETH
WHEREAS, DEVELOPER, the CITY, and certain other units of government,
entered into 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 CREST HILL INVESTMENT LLC IN REGARD TO A PROPERTY TAX
ABATEMENT RELATIVE TO THE DEVELOPMENT OF THE GRECO/DEROSA
PROPERTY” on __, 2021 (“IGA”); and
WHEREAS, as set forth in the IGA, the DEVELOPER acquired approximately
acres of land in the DuPage Business Park located in West Chicago, Illinois, with
said property being legally described on EXHIBIT A-1, attached to the IGA, and depicted
on EXHIBIT A-2, attached to the IGA (“Subject Property”); and
WHEREAS, the DEVELOPER desires to develop the Subject Property into a
warehouse operation consisting of a building of approximately two hundred ninety-five
451928_4 1

===== PDF PAGE 74 =====
[Extraction: OCR (rendered-page OCR)]
thousand (295,000) square feet, as depicted and further described in EXHIBIT B-1 and
EXHIBIT B-2, respectively, attached to the IGA (“Project”); and
WHEREAS, the IGA provides that the DEVELOPER will receive a real estate tax
abatement from the CITY and certain other units of government pursuant to 35 ILCS
200/18-165 (“Tax Abatement”), if the conditions for the Tax Abatement in the IGA are
satisfied; and
WHEREAS, the DEVELOPER has requested that, in addition to the Tax
Abatement, the CITY provide the DEVELOPER with additional incentives set forth in
this Agreement (“Additional Incentives”) to assist the DEVELOPER in acquiring the
Subject Property and improving it with the Project; and
WHEREAS, to induce the DEVELOPER to cause the Project to be constructed
and operated, which will provide future financial benefits for the CITY, the CITY agrees
to provide the DEVELOPER with the Additional Incentives set forth herein, in exchange
for the DEVELOPER’S agreement to (a) comply with the terms of the IGA and the terms
of this this Agreement, and (b) develop the Project on the Subject Property; and
WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution, 65 ILCS 5/8-1-
2.5, 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:
1. INCORPORATION OF PREAMBLES. The preambles hereto, as set forth above,
are incorporated herein by reference and are made part hereof.
451928_4 2

===== PDF PAGE 75 =====
[Extraction: OCR (rendered-page OCR)]
DEVELOPER CONDITIONS. The DEVELOPER'S right to receive the Additional
Incentives under this Agreement is expressly conditioned upon the performance
by the DEVELOPER, or the DEVELOPER’s tenants on the Subject Property
(collectively the “Tenant”), of the following conditions, to the extent the conditions
can be met prior to the Additional Incentives being granted to the DEVELOPER.
The DEVELOPER shall:
A.
B.
451928_4
Not be in default of its obligations in the IGA.
Operate, or cause the Tenant to operate, the Project on the Subject
Property as ongoing business operation of approximately two hundred
ninety-five thousand (295,000) square feet.
Provide the CITY all documents reasonably requested by the CITY
regarding the matters set forth in the IGA and this Agreement.
No later than when the Project is open and operating at full capacity,
DEVELOPER or the Tenant shall employ at the Subject Property no less
than forty (40) newly created full-time equivalent employees with an
average annual salary of no less than Forty Thousand and No/100 Dollars
($40,000.00), and shall thereafter for the Term of this Agreement, continue
to employ not less than forty (40) full-time equivalent employees during the
remaining term of this Agreement with an average annual salary of no less
than Forty Thousand and No/100 Dollars ($40,000.00).
No less than once per calendar year, on a date selected by the CITY,
provide a written report to the CITY with:
ui A summary of the Project's, the DEVELOPER’s, and the Tenant's
then-current operations at the Subject Property (including the
number of full-time equivalent employees, employed at or as a result
of the Project), and any plans for prospective growth or expansion
at the Subject Property; and
2. Copies of documentation showing the number of square feet of the
Subject Property used for carrying out the Project, including but not
limited to property casualty policy renewal certificate, and/or annual
fire inspection reports.

===== PDF PAGE 76 =====
[Extraction: OCR (rendered-page OCR)]
No more often than once per calendar year, on a date selected by the CITY,
provide a certified payroll summary, or similar documentation acceptable to
the CITY, to verify the DEVELOPER'’s compliance with its obligations in
Section 2.D. above.
3. ADDITIONAL INCENTIVES. The Additional Incentives are:
A.
PARTIAL BUILDING PERMIT COSTS REIMBURSEMENT. Prior to the
Effective Date, the DEVELOPER paid the CITY for a building permit for the
Project. The CITY shall reimburse the DEVELOPER One Hundred
Thousand and No/100 Dollars ($100,000.00) of the building permit fees
paid by the DEVELOPER to the CITY for the Project prior to the Effective
Date. Building permit costs reimbursed herein exclude the sewer capacity
fee and all third party costs paid by the CITY associated with the building
permit for the Project, such as, but not limited to, plan review costs and the
land cash fee to the West Chicago Fire Protection District. The amount of
the building permit costs reimbursed herein shall be the “Building Permit
Waiver Costs.” The CITY shall pay the reimbursement in this Section 3.A.
within ninety (90) days of the later of the execution of this Agreement and
the execution of the IGA.
PARTIAL MUNICIPAL ELECTRICITY UTILITY TAX REBATE. During the
period beginning on January 1* of the calendar year immediately following
the “Commencement Date” (as defined in the IGA) (the “Electric Utility
Rebate Commencement Date”), and ending on the tenth (10) anniversary
thereof, the CITY shall rebate to the DEVELOPER, in the time and manner
described in Section 4 below, Fifty Percent (50%) of the CITY’s municipal
electricity utility tax paid by the DEVELOPER or the Tenant and received
by the CITY for the Subject Property, in an amount not to exceed Two
Hundred Thousand and No/100 Dollars ($200,000.00) in the aggregate.
The amount of the CITY’s municipal electricity utility tax actually rebated to
the DEVELOPER herein shall be the “Electricity Utility Rebate.”
ASSIGNMENT TO TENANT. DEVELOPER shall have the right to
assign any of the Additional Incentives to its Tenant, in which event CITY
agrees that it shall pay all such Additional Incentives directly to Tenant.
4. PARTIAL MUNICIPAL UTILITY TAX REBATE PAYMENT. The CITY shall rebate
the DEVELOPER, or the DEVELOPER’s assignee, which may be the Tenant, the
municipal electricity utility tax as set forth in Section 3.B. above paid by the
DEVELOPER, or the Tenant, no more than two (2) times annually, and covering
451928 _4

===== PDF PAGE 77 =====
[Extraction: OCR (rendered-page OCR)]
no more than six (6) months of electricity consumption on the Project per payment.
The DEVELOPER, or the DEVELOPER’s assignee, shall submit invoices to the
CITY requesting the municipal electricity utility tax rebate, together with
documentation of the payment of the municipal electricity utility taxes paid for the
Subject Property, along proof of payment and such other information and/or
documents reasonably requested by the CITY. Upon the CITY’s receipt of all
supporting documentation and information, and upon confirmation the
DEVELOPER, or the DEVELOPER’s assignee, is entitled to receive the rebate
payment, the CITY shall pay the DEVELOPER, or the DEVELOPER’s assignee,
the rebate within thirty (30) days thereafter.
6. ADDITIONAL INCENTIVES CLAWBACK. If the Project ceases on the Subject
Property, or if the DEVELOPER breaches any of its obligations in this Agreement,
then, in either such instance, the CITY shall provide written notice of such
cessation or breach to DEVELOPER (“Default Notice”). If DEVELOPER does not
(a) recommence (or cause Tenant to recommence) operation of the Project within
thirty (30) days following DEVELOPER’s receipt of a Default Notice, or (b) cure
any such breach of this Agreement within such thirty (30) day period (provided,
that if such cure cannot reasonably be performed in thirty (30) days, then,
DEVELOPER shall have such additional time as may be reasonably required to
effect such cure provided that DEVELOPER commences such cure within such
thirty (30) day period and diligently pursues the same to completion), then the
CITY may elect, by written notice to DEVELOPER, to terminate this Agreement
(“Termination”), whereupon the DEVELOPER shall reimburse the CITY the
451928_4 5

===== PDF PAGE 78 =====
[Extraction: OCR (rendered-page OCR)]
Additional Incentives as follows:
A. If a Termination occurs within five (5) years from the “Commencement
Date,” as defined in the IGA, the DEVELOPER shall pay the CITY Seventy
Five Percent (75%) of the Building Permit Waiver Costs and the Electricity
Utility Rebate realized by DEVELOPER prior to the date on which the
Termination occurs, and thereafter the DEVELOPER shall not be entitled
to receive any Additional Incentives pursuant to this Agreement; or
B. If a Termination occurs after five (5) years from the “Commencement Date,”
as defined in the IGA, the DEVELOPER shall pay the CITY Fifty Percent
(50%) of the Building Permit Waiver Costs and the Electricity Utility Rebate,
and thereafter the DEVELOPER shall not be entitled to receive any
Additional Incentives pursuant to this Agreement.
The DEVELOPER’s reimbursement obligations herein shall survive, and be
binding upon the DEVELOPER, regardless of the termination or expiration of this
Agreement. The DEVELOPER shall reimburse the CITY as provided herein within
thirty (30) days of a written demand from the CITY for such reimbursement.
6. INTERVENING ACTIONS. The Parties acknowledge that the Additional
Incentives are predicated upon current law in the State of Illinois, as of the
Effective Date, allowing the CITY to make the Additional Incentives available
to the DEVELOPER. Should the Illinois General Assembly, or a court of
competent jurisdiction, hereafter eliminate or limit the CITY’s authority to make
the Additional Incentives available to the DEVELOPER, or alter the municipal
electricity utility tax formula in a manner which prevents the CITY from paying
the municipal electricity utility tax rebate to the DEVELOPER, or should the CITY’s
ability to make any Additional Incentives to DEVELOPER be limited or eliminated
in any manner, then, upon the occurrence of any of the foregoing events, (a) the
DEVELOPER shall not be entitled to receive the Additional Incentive(s) so limited,
and (b) DEVELOPER may, by written notice delivered to the CITY at any time
451928_4 6

===== PDF PAGE 79 =====
[Extraction: OCR (rendered-page OCR)]
following the occurrence of any of the foregoing events, elect to terminate this
Agreement whereupon this Agreement shall be of no further force or effect
(including, without limitation, the DEVELOPER’s liability under Section 5 above).
451928_4
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 CITY may have under the
Local Governmental and Governmental Employees Tort Immunity Act, 745
ILCS 10/1-101, et 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 of the Subject Property 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.
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 the non-breaching Party, by an action or
proceeding solely in equity 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, upon demand, all of the non-defaulting Party's reasonable
costs, charges and expenses, including, but not limited to, the costs of
accountants, consultants, attorneys and others retained by the non-
defaulting Party 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.

===== PDF PAGE 80 =====
[Extraction: OCR (rendered-page OCR)]
H.
451928_4
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, a virus,
including COVID-19, pandemic 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 so long as the IGA
remains in effect.
In the event that the CITY’s authority to carry out its obligation in this
Agreement is repealed, become null and void or otherwise become
invalid, then the CITY’s obligations hereunder shall cease and no further
obligations of any sort shall be required of the CITY. The DEVELOPER
shall have no recourse against the CITY in such event.
No amendment to, or modification of, this Agreement shall be effective
unless and until it is in writing and approved by the authorized
representative of the DEVELOPER and by the CITY'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 all approvals of the Parties related thereto, 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 CITY, and its respective elected officials, appointed officials,
employees, agents and attorneys (collectively the “CITY Affiliates”) from
and against any and all third-party claims, demands, suits, damages,
liabilities, losses, expenses, and judgments against any CITY Affiliates
resulting from 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 CITY Affiliates in responding to, defending against, or

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settling any such claims, demands, suits, damages, liabilities, losses,
expenses or judgments. The DEVELOPER covenants that it will reimburse
the CITY Affiliates, or pay over to the CITY Affiliates, all reasonable sums
of money the CITY Affiliates pay, or becomes liable to pay, to any such
third-party by reason of any of the foregoing; provided, however, that the
DEVELOPER’ liability under this Section 8.M. shall be limited to the total
amount of the Additional Incentives that the DEVELOPER has 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 for
which DEVELOPER is required to indemnify and hold any CITY Affiliates
harmless hereunder, such CITY 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 or cause it to be
maintained, and operate the Project, in compliance with all Federal, State,
County, and CITY laws, ordinances, resolutions, rules and regulations.
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:
451928 _4
A. If to the CITY: B. If to the DEVELOPER:
City of West Chicago Crest Hill Investment LLC
475 Main Street 1307 Schiferl Road
West Chicago, Illinois 60185 Bartlett, Illinois 60103
Attention: Mayor Attention: Ron DeRosa and
Brian Barrett
With copies to: With a copy to:
City of West Chicago Honigman LLP
475 Main Street 155 N. Wacker Drive #3100
West Chicago, Illinois 60185 Chicago, Illinois 60606
Attn: City Administrator Attn: Marcia Owens
Bond, Dickson & Associates
400 Knoll Street
Wheaton, Illinois 60187
Attn: Patrick Bond

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10.
11.
12.
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
registered mail shall be deemed given three (3) days after depositing same in the
mail.
COUNTERPARTS. This Agreement may be executed simultaneously in two (2)
counterparts, each of which shall be deemed an original, but all of which shall
constitute one and the same Agreement.
ASSIGNMENT. Upon prior written notice to the CITY, DEVELOPER shall have the
right to assign all rights, duties and obligations under this Agreement to any entity
that is an affiliate or subsidiary of Greco and Sons, Inc. which takes title to the
Subject Property. All other assignments of this Agreement by DEVELOPER shall
require the CITY’s consent, which may be withheld in the CITY’s sole discretion.
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.
EFFECTIVE DATE. This Agreement shall be deemed dated and become effective
on the date the last of the Parties execute this Agreement as set forth below, which
date shall be filled in on page 1 hereof.
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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 and DEVELOPER, pursuant to proper
authority granted in accordance with its organizational documents, has caused this
Agreement to be executed by its Manager and attested by its
CITY: DEVELOPER:
CITY OF WEST CHICAGO CREST HILL INVESTMENT LLC
Bye > Bye
Ruben Pineda, Mayor Eduardo Greco, Manager
ATTEST: ATTEST:
Nancy Smith, City Clerk ,
Dated: Dated:
451928_4 11