===== PDF PAGE 101 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: _7.«.+L. First Amendment to the Boundary Line Agreement with St. Charles and a Development Agreement for Disconnection with DuPage Airport Authority and St. Charles FILE NUMBER: COMMITTEE AGENDA DATE: COUNCIL AGENDA DATE: April 21, 2025 SIGNATURE ¢ 4 ——— APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE Resolution No. 25-R-0032 Resolution No. 25-R-0033 STAFF REVIEW: Tom Dabareiner, AICP ITEM SUMMARY: GSI Family Investments of Arizona, LLC, is developing property west of and adjacent to DuPage Airport along North Avenue. Related to this is the need to provide additional access to North Avenue along Keil Road from the development, which passes through a section of the Airport, as well as add stormwater detention. That portion of the Airport cannot be developed due to its proximity to runways and the height restrictions that go with them. The City of West Chicago’s zoning ordinance does not allow roadways as a primary use. Consequently, for the GSI development to occur and be served by Keil Road, the solution is to disconnect the related parcel and have it annexed by St. Charles, which will support the development and allow roadways as a primary use. However, it is critical that access to the City of West Chicago’s utilities along the west side of Keil Road be preserved. To accomplish this, two documents were prepared by the City Attorney: (1) First Amendment to the Intergovernmental Agreement Providing for a Jurisdictional Boundary Line Agreement; (2) Development Agreement between the City of West Chicago, the DuPage Airport Authority and the GSI Family Investments of Arizona LLC. Resolutions were drafted allowing the Mayor to sign the Amendment (25-R-0032) and Agreement (25-R-0033). The Agreement will protect West Chicago’s rights to access, repair and maintain key utilities, even on an emergency basis (with notice). ACTION PROPOSED: Recommend that the Mayor sign the two Resolutions and the (1) the Boundary Line Amendment with St. Charles and the (2) Development Agreement with St. Charles and the DuPage Airport Authority. COMMITTEE RECOMMENDATION: This did not go to a Committee because of prior direction given to Staff. Attachments: Draft Resolutions 25-R-0032 and 25-R-0033 First Amendment to the IGA for a Boundary Line Agreement Development Agreement ===== PDF PAGE 102 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 25-R-0032 A RESOLUTION OF THE CITY OF WEST CHICAGO, DUPAGE COUNTY, ILLINOIS AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT PROVIDING FOR A JURISDICTIONAL BOUNDARY LINE AGREEMENT WHEREAS, The City of West Chicago (hereinafter referred to as the “City”) is a home rule body politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1, et seq.; and WHEREAS, the City, is an Illinois Home Rule Municipality pursuant to the provisions of Article VII, Section 6, of the Illinois Constitution of 1970; and as such the City may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City possesses the authority, pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq., to adopt ordinances pertaining to the public health, safety and welfare; and WHEREAS, the City Council of the City (hereinafter referred to as the “City Council”) is the corporate authority for the City and is authorized by law to exercise all powers and to control the affairs of the City; and WHEREAS, the City Council possesses full power and authority to approve and pass all necessary ordinances, resolutions, rules and regulations necessary for carrying into effect the objects for which the City was formed, in accordance with the Illinois Municipal Code; and WHEREAS, Section 11-12-9 of the Illinois Municipal Code (65 ILCS 5/1-1-1, et seq.), authorizes corporate authorities of municipalities to agree upon boundaries for the exercise of their respective jurisdictions within unincorporated territory that lies within one and one-half miles of the boundaries of such municipalities; and WHEREAS, Section 10 of Article VII of the Constitution of the State of Illinois of 1970 authorizes units of local government, including municipalities, to contract to exercise, combine, or transfer any power or function not prohibited to them by law or ordinance; and WHEREAS, the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1, et seq.), authorizes municipalities to exercise jointly with any public agency of the State, including other units of local government, any power, privilege, or authority which may be exercised by a unit of local government individually, and to enter into contracts for the performance of governmental services, activities, and undertakings; and WHEREAS, the City of West Chicago and the City of St. Charles have previously entered into an Intergovernmental Agreement Providing for a Jurisdictional Boundary Line Agreement on or about November 17, 2014; and ===== PDF PAGE 103 ===== [Extraction: OCR (rendered-page OCR)] WHEREAS, the City of West Chicago and the City of St. Charles have negotiated the terms of a First Amendment to the Intergovernmental Agreement Providing for a revision to the Jurisdictional Boundary Line Agreement, a copy of which is attached hereto as Exhibit “A” and is, by this reference, incorporated herein; and WHEREAS, the City of West Chicago desires to enter into the First Amendment to the Intergovernmental Agreement Providing for a Jurisdictional Boundary Line Agreement as an exercise of its intergovernmental cooperation authority under the Constitution and Statutes of Illinois, and its authority to enter into jurisdictional boundary agreements pursuant to Section 11-12- 9 of the Illinois Municipal Code; and WHEREAS, all Public Notices required by law to be given have been given. NOW, THEREFORE, BEIT RESOLVED by the Corporate Authorities of the City of West Chicago, Illinois, in regular session assembled: Section 1. That the recitals set forth above are incorporated herein in their entirety. Section 2. That the Mayor is hereby authorized to execute, and the Executive Office Manager is hereby directed to attest to, the First Amendment to Intergovernmental Agreement Providing for a Jurisdictional Boundary Line Agreement between the City of West Chicago and the City of St. Charles, a copy of which has previously been incorporated herein as Exhibit “A.” Section 3. A Certified copy of this Resolution, along with a certified copy of the First Amendment to the Intergovernmental Agreement Providing for a Jurisdictional Boundary Line Agreement, shall be recorded with the DuPage County Recorder of Deeds and the Kane County Recorder of Deeds and shall be made available in the Office of the City. Section 4. That all ordinances and resolutions, or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed. Section 5. That this Ordinance shall be in full force and effect from and after its adoption, approval and publication in pamphlet form as provided by law. PASSED this 21“ day of April, 2025. Alderman D. Beebe Alderman L. Chassee Alderman J. Sheahan Alderman H. Brown Alderman A. Hallett Alderman C. Dettmann Alderman M. Birch-Ferguson Alderman S. Dimas Alderman J. Smith Alderman C. Swiatek Alderman R. Stout Alderman J. Short Alderman J. Morano Alderman J. Banas ===== PDF PAGE 104 ===== [Extraction: OCR (rendered-page OCR)] APPROVED as to form: City Attorney APPROVED this 21st day of April, 2025. Mayor Ruben Pineda ATTEST: Valeria Perez, Executive Office Manager PUBLISHED: April, 2025 ===== PDF PAGE 105 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “A” First Amendment to Intergovernmental Agreement Providing for a Jurisdictional Boundary Line Agreement (City of West Chicago and City of St. Charles, Illinois) ===== PDF PAGE 106 ===== [Extraction: OCR (rendered-page OCR)] FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT PROVIDING FOR A JURISDICTIONAL BOUNDARY LINE AGREEMENT THIS FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT PROVIDING FOR A JURISDICTIONAL BOUNDARY LINE AGREEMENT (“First day of , 2025, by and between the CITY OF ST. CHARLES, an Illinois municipal corporation (“St. Charles”), and the CITY OF WEST CHICAGO, an Illinois municipal corporation (“West Chicago”) (St. Amendment”) is entered into this Charles and West Chicago may be referred to individually herein as a “Party” and collectively as the “Parties”). WHEREAS, St. Charles and West Chicago have previously entered into an Intergovernmental Agreement Providing for a Jurisdictional Boundary Line Agreement on or about November 17, 2014 (“Agreement”); and WHEREAS, pursuant to the Agreement, the property legally described on Exhibit A attached hereto and made a part hereof (the “Subject Realty”) is currently within the jurisdictional area of West Chicago; and WHEREAS, the owner of the Subject Realty desires to disconnect from West Chicago and voluntarily annex the Subject Realty into St. Charles; and WHEREAS, the City of West Chicago has installed and currently maintains and operates various utility services in the Subject Realty; and WHEREAS, the Subject Realty is currently subject to the DuPage County Stormwater Ordinance; and WHEREAS, the disconnection and annexation contemplated must allow for by all owners and users of the Subject Realty to have access to Keil Road and IJlinois Route 64; and WHEREAS, the Parties desire to amend the Agreement by this First Amendment so that (1) the Subject Realty is disconnected from the jurisdictional area of West Chicago and thereafter through annexation placed within the jurisdictional area of St. Charles, (2) to require that the Subject Realty, to the extent permitted by law, is developed in compliance with all applicable stormwater, wetland, floodway and/or floodplain regulations, utilizing either the regulations of DuPage County or Kane County, whichever are the most restrictive at the time of development, and (4) to provide that the Subject Realty will be provided access to Keil Road and Illinois Route 64 ; and ===== PDF PAGE 107 ===== [Extraction: OCR (rendered-page OCR)] WHEREAS, Section 11-12-9 of the Illinois Municipal Code (65 ILCS 5/11-12-9) authorizes the corporate authorities of municipalities to agree upon boundaries for the exercise of their respective jurisdiction within unincorporated territory that lies within one and one-half miles of the boundaries of such municipalities; and WHEREAS, Section 10 of Article VII of the Illinois Constitution of 1970 authorizes units of local government, including municipalities, to contract to exercise, combine or transfer any power or function not prohibited to them by law or ordinance; and WHEREAS, the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorizes municipalities to exercise jointly with any public agency of the State, including other units of local government, any power, privilege, or authority which may be exercised by a unit of local government individually, and to enter into contracts for the performance of governmental services, activities, and undertakings; and WHEREAS, this First Amendment constitutes the lawful exercise of intergovernmental cooperation between the Parties and constitutes the lawful exercise of the Parties’ rights to enter into jurisdictional boundary agreements. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises hereinafter contained, the adequacy and sufficiency of which the Parties stipulate, St. Charles and West Chicago agree as follows: 1. Incorporation of Recitals. The above-stated Recitals are hereby restated and incorporated into this Section 1 as though fully set forth herein as substantive provisions. 2. Integration. The provisions of this First Amendment shall be deemed by the parties to be fully integrated into the Agreement. The Agreement shall remain in full force and effect, except to the extent that it is expressly modified by the terms of this First Amendment. Should any provision or exhibit of the Agreement conflict with any provision of this First Amendment, the provisions of this First Amendment shall control. 3. Jurisdictional Boundary Line. The boundary line between St. Charles and West Chicago, for the purpose of establishing their respective jurisdictions for land use planning, official map purposes, subdivision control and annexation of unincorporated territory, all as provided for in the Agreement, shall be depicted upon the map attached hereto as Exhibit B and made a part hereof. Said map reflects that the Subject Realty, which is legally described in ===== PDF PAGE 108 ===== [Extraction: OCR (rendered-page OCR)] Exhibit A, attached hereto and made a part hereof, is excluded from the jurisdictional area of West Chicago and is within the jurisdictional area of St. Charles. 4. Upon the disconnection and annexation of the Subject Realty as contemplated herein, the Parties hereto agree that (1) the Subject Realty shall be under the jurisdictional control of St. Charles, (2) to the extent permitted by law, require that the Subject Realty be developed in compliance with all applicable stormwater, wetland, floodway and/or floodplain regulations, utilizing either the regulations of DuPage County or Kane County, whichever are the most restrictive at the time of development, and (3) the Subject Realty will be provided access to Keil Road and Illinois Route 64. [SIGNATURES ON NEXT PAGE] ===== PDF PAGE 109 ===== [Extraction: OCR (rendered-page OCR)] IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date first above written. CITY OF ST. CHARLES, CITY OF WEST CHICAGO, an Illinois municipal corporation an Illinois municipal corporation By: By: Mayor Mayor Attest: Attest: City Clerk City Clerk ===== PDF PAGE 110 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT A LEGAL DESCRIPTION OF SUBJECT REALTY THAT PART OF LOTS 17, 18, 19, 20, 21 AND 22 IN WAYNE TOWNSHIP SUPERVISORS ASSESSMENT PLAT NUMBER TWO, ALSO KNOWN AS WAYNE ACRES, A PART OF THE NORTHEAST QUARTER AND SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 40 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31, 1945 AS DOCUMENT 475538, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 17; THENCE NORTH 00 DEGREES 32 MINUTES 43 SECONDS EAST, ALONG THE WEST LINE OF SAID WAYNE TOWNSHIP SUPERVISORS ASSESSMENT PLAT NUMBER TWO, A DISTANCE OF 1073.17 FEET; THENCE SOUTH 89 DEGREES 27 MINUTES 17 SECONDS EAST, PERPENDICULAR TO THE WEST LINE OF SAID WAYNE TOWNSHIP SUPERVISORS ASSESSMENT PLAT NUMBER TWO, A DISTANCE OF 472.10 FEET; THENCE NORTH 45 DEGREES 32 MINUTES 43 SECONDS EAST, 64.41 FEET TO A POINT ON A LINE 8 FEET WESTERLY OF AND PARALLEL WITH THE EXISTING WESTERLY EDGE OF PAVEMENT OF KEIL ROAD; THENCE SOUTHERLY ALONG A LINE 8 FEET WESTERLY OF AND PARALLEL WITH THE EXISTING WESTERLY EDGE OF PAVEMENT OF KEIL ROAD FOR THE NEXT SEVEN COURSES; THENCE SOUTH 01 DEGREES 03 MINUTES 09 SECONDS WEST, 114.99 FEET; THENCE SOUTH 00 DEGREES 59 MINUTES 02 SECONDS WEST, 199.34 FEET; THENCE SOUTH 00 DEGREES 30 MINUTES 55 SECONDS WEST, 259.41 FEET; THENCE SOUTH 01 DEGREES 29 MINUTES 58 SECONDS WEST, 48.38 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 36 SECONDS WEST, 87.29 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY 83.03 FEET, ALONG THE ARC OF A TANGENT CIRCLE TO THE RIGHT, HAVING A RADIUS OF 283.00 FEET AND WHOSE CHORD BEARS SOUTH 08 DEGREES 46 MINUTES 57 SECONDS WEST, 82.73 FEET TO A POINT OF TANGENCY; THENCE SOUTH 17 DEGREES 11 MINUTES 17 SECONDS WEST, 341.75 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 17; THENCE NORTH 89 DEGREES 27 MINUTES 17 SECONDS WEST, ALONG SAID SOUTH LINE, 404.95 FEET TO THE POINT OF BEGINNING, IN DUPAGE COUNTY, ILLINOIS. CONTAINING 533,658 SQUARE FEET OR 12.251 ACRES, MORE OR LESS. ===== PDF PAGE 111 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT B BOUNDARY MAP J | _f[LLINOIS ROUTE 64 (NORTH AVE) 4 i cag? ie SCALE 1* = 300° 472.10", ° m0 $89°27'17°E =$01°03'09"w 114.99" |-S00°59'02"W [199.34 "E 1073.17' $00°30/55"W CITY OF WEST CHICAGO -—$01°29'58"W 48.38' +——$00°22'36"W 87.29' L=83.03' R=283.00'" CITY OF SAINT CHARLES SAINT CHARLES AND THE CITY OF WEST CHICAGO NG0°32' o oO oS w x= - z w é a w 2 a > iia < fal 2 5 3 a Q < - 2 bad a | PROPOSED AMENDED N89°27'17"W BOUNDARY LINE 404.95' ig, Spaceco BOUNDARY LINE AGREEMENT EXHIBIT ===== PDF PAGE 112 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 25-R-0033 A RESOLUTION OF THE CITY OF WEST CHICAGO, DUPAGE COUNTY, ILLINOIS AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF WEST CHICAGO, DUPAGE AIRPORT AUTHORITY, AND GSI FAMILY INVESTMENTS OF ARIZONA LLC WHEREAS, The City of West Chicago (hereinafter referred to as the “City”) is a home rule body politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1, et seq.; and WHEREAS, the City, is an Illinois Home Rule Municipality pursuant to the provisions of Article VII, Section 6, of the Illinois Constitution of 1970; and as such the City may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City possesses the authority, pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq., to adopt ordinances pertaining to the public health, safety and welfare; and WHEREAS, the City Council of the City (hereinafter referred to as the “City Council”) is the corporate authority for the City and is authorized by law to exercise all powers and to control the affairs of the City; and WHEREAS, the City Council possesses full power and authority to approve and pass all necessary ordinances, resolutions, rules and regulations necessary for carrying into effect the objects for which the City was formed, in accordance with the Illinois Municipal Code; and WHEREAS, the DuPage Airport Authority (“DAA”) is a duly organized and existing body politic and corporate under the laws of the State of Illinois and governed by the provisions of the Airport Authorities Act, 70 ILCS 5/1-1-1 et seq.; and WHEREAS, GSI Family Investments of Arizona LLC (“GSI Family”) is a Delaware limited liability company, which owns approximately 84.6 acres of property commonly identified as the former Pheasant Run Golf Course in the City of St. Charles, Illinois; and WHEREAS, the DAA owns property which is the subject of an Intergovernmental Agreement with the City, approved by the City pursuant to Ordinance No. 1603, as amended from time to time (“Intergovernmental Agreement”); and WHEREAS, the Intergovernmental Agreement controls the zoning, use and development of certain property owned by the DAA; and WHEREAS, the DAA desires to sell a portion of its property to GSI Family, for GSI Family’s use and development; and WHEREAS, the DAA desires to allow a portion of the DAA property to be used by GSI Family for stormwater purposes (“DAA/GSI Family Property”); and ===== PDF PAGE 113 ===== [Extraction: OCR (rendered-page OCR)] WHEREAS, the City desires to enter into a Development Agreement with DAA and GSI Family, a copy of which attached hereto as Exhibit “A” and is, by this reference, incorporated herein, to facilitate the sale of a portion of DAA’s property to GSI Family and to allow GSI Family to develop and use a portion of the DAA/GSI Family Property for stormwater purposes; and WHEREAS, the City finds that entering into the Development Agreement is in the best interests of the City and its residents, as it will promote responsible development, enhance stormwater management infrastructure, and support the orderly and efficient use of land within the City. NOW, THEREFORE, BE IT RESOLVED by the Corporate Authorities of the City of West Chicago, Illinois, in regular session assembled: Section 1. That the recitals set forth above are incorporated herein in their entirety. Section 2. That the Mayor is hereby authorized to execute, and the Executive Office Manager is hereby directed to attest to, the Development Agreement between the City of West Chicago, the DuPage Airport Authority, and GSI Family Investments of Arizona LLC, a copy of which has previously been incorporated herein as Exhibit “A.” Section 3. That all ordinances and resolutions, or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed. Section 4. That this Ordinance shall be in full force and effect from and after its adoption, approval and publication in pamphlet form as provided by law. PASSED this 21% day of April, 2025. Alderman D. Beebe Alderman L. Chassee Alderman J. Sheahan Alderman H. Brown Alderman A. Hallett Alderman C. Dettmann Alderman M. Birch-Ferguson Alderman S. Dimas Alderman J. Smith Alderman C. Swiatek Alderman R. Stout Alderman J. Short Alderman J. Morano Alderman J. Banas ===== PDF PAGE 114 ===== [Extraction: OCR (rendered-page OCR)] APPROVED as to form: City Attorney APPROVED this 21st day of April, 2025. Mayor Ruben Pineda ATTEST: Valeria Perez, Executive Office Manager PUBLISHED: April , 2025 ===== PDF PAGE 115 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “A” Development Agreement (City of West Chicago, DuPage Airport Authority, and GSI Family Investments of Arizona LLC) ===== PDF PAGE 116 ===== [Extraction: OCR (rendered-page OCR)] DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into as ofthe _—_—sday of , 2025, by and between the CITY OF WEST CHICAGO, a municipal corporation organized and incorporated under the laws of the State of Illinois (hereinafter referred to as the "City"), the DUPAGE AIRPORT AUTHORITY (hereinafter referred to as the “DAA”), and GSI FAMILY INVESTMENTS OF ARIZONA LLC, A DELAWARE LLC, (hereinafter referred to as “GSI Family”), with the City, the DAA and GSI Family being sometimes hereinafter referred to collectively as the "Parties". RECITALS WHEREAS, the City is a home rule municipal corporation organized and existing as a body politic and corporate under the laws of the State of Illinois and governed by the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq., and provisions of the Illinois Constitution; and WHEREAS, the DAA is a duly organized and existing body politic and corporate under the laws of the State of Illinois and governed by the provisions of the Airport Authorities Act, 70 ILCS 5/1-1-1 et seq.; and WHEREAS, GSI Family is a Delaware limited liability company, which owns approximately 84.6 acres of property commonly identified as the former Pheasant Run Golf course in the City of St. Charles, Illinois; and WHEREAS, the DAA owns property which is the subject of an Intergovernmental Agreement with the City, approved by the City pursuant to Ordinance No. 1603, as amended from time to time (“Intergovernmental Agreement”); and WHEREAS, the Intergovernmental Agreement controls the zoning, use and development of the property owned by the DAA described in the property depiction attached hereto and incorporated herein by reference as Exhibit A; and WHEREAS, the DAA has notified the City of its desire to (a) sell a portion of the DAA ===== PDF PAGE 117 ===== [Extraction: OCR (rendered-page OCR)] property to GSI Family, for its own use and development (“GSI Family Property”), and (b) allow a portion of the DAA property to be used by GSI Family for stormwater purposes (“DAA/GSI Family Property”); and WHEREAS, both the DAA/GSI Family Property and the GSI Family Property which are subject to this Agreement are identified in Exhibit A; and WHEREAS, to facilitate the DAA’s desire to sell a portion of the DAA/GSI Property to GSI Family, and to allow GSI Family to develop and use a portion of the DAA/GSI Property for GSI Family purposes, the Parties hereto have agreed to enter into this Agreement to set forth all the agreed to terms and conditions to facilitate their interests. NOW, THEREFORE, in consideration of the mutual promises set forth below and all other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties mutually agree as follows: 1. Incorporation of Recitals. The above-stated Recitals are a material part of this Agreement and are incorporated herein by reference, as if fully set forth. 2. Modification of Intergovernmental Agreement. The Intergovernmental Agreement shall be modified to remove reference to the DAA/GSI Property and the GSI Property so that it is no longer governed by the Intergovernmental Agreement. Except as expressly amended by this Agreement, the Intergovernmental Agreement adopted pursuant to Ordinance 4419, as amended from time to time, shall remain in full force and effect, in accordance with its terms, provisions and conditions. 3. City Undertakings. To facilitate the sale, use and development of the DAA/GSI Family Property and GSI Family Property as defined herein in Exhibit A, the City hereby agrees that it will: a. adopt all approvals needed to allow the disconnection of the DAA/GSI Property and the GSI Family Property from the City of West Chicago, upon tender of a ===== PDF PAGE 118 ===== [Extraction: OCR (rendered-page OCR)] Plat of Disconnection describing the property to be disconnected. b. For purposes as set forth in paragraph 3.a., adopt a resolution to approve the First Amendment to the Intergovernmental Agreement for Jurisdictional Boundary Line Agreement between the City and the City of St. Charles, in a form as attached hereto and incorporated herein by reference as Exhibit B. c. Terminate the Economic Incentive Agreement with Crest Hill Investments LLC, which was approved by Crest Hill Investments LLC and approved and adopted by the City by Resolution No. 21-R-0003 on February 1, 2021, and later assigned to by agreement of the City to 280 Westgate Drive Limited Partnership. It is the intent of GSI Family and the City that as a result of this termination, neither Party shall have any obligation due and owing. 4. DAA and GSI Family Undertakings. To facilitate the sale, use and development of the DAA/GSI Family Property and GSI Family Property as defined herein in Exhibit A, DAA and GSI Family will take the following action: a. Work with and encourage the City of St. Charles to adopt an agreement to annex the DAA/GSI Property and the GSI Family Property to the City of St. Charles, upon its disconnection from the City. b. Work with and encourage the City of St. Charles to adopt a resolution approving the First Amendment to the Intergovernmental Agreement Providing for Jurisdictional Boundary Line Agreement, in the form set forth in Exhibit B. Cc. Tender to the City, at no cost to the City, the appropriate Plat of Disconnection to allow the disconnection of the GSI Family Property and the DAA/GSI Family Property from the City. 5. DAA Undertakings. To facilitate the sale, use and development of the DAA/GSI Family Property and GSI Family Property as depicted in Exhibit A, the DAA will take the ===== PDF PAGE 119 ===== [Extraction: OCR (rendered-page OCR)] following actions: a. Tender to the City, at no cost to the City, non-exclusive water and sanitary easements throughout the DAA/GSI Family Property for existing City utilities (sanitary sewer and water). The easements granted will allow access to the easements for the purpose of maintaining, repairing and replacing such utility facilities located therein , including but not limited to future expansion of the utilities. DAA will record the easement following its acceptance by the City. A copy of the proposed non-exclusive easement areas is attached hereto and incorporated herein as Exhibit C. b. To the extent required under the applicable stormwater regulations and the Intergovernmental Agreements between the City and the DAA, secure a stormwater permit from the City for any portion of the roadway and land located within the boundaries of the City disturbed for purposes of the GSI Family Property development contemplated herein. Information required for such purposes shall include calculations for stormwater leaving the City for a pond outside the City limits, to ensure that the plan meets DuPage Stormwater Requirements. c. In the deed of sale to GSI Family of the GSI Family Property, insert a restriction on the use of the GSI Property, such that there shall be no material tax or income producing structure built or operated on the GSI Property other than roadways and the installation of certain signage. 6. GSI Family Undertakings. To facilitate the sale, use and development of the DAA/GSI Family Property and GSI Family Property as defined herein in Exhibit A, GSI Family makes the following representations and agreements: a. GSI Family will secure all appropriate signatures from 280 Westgate Drive Limited Partnership to the termination of the Economic Incentive Agreement as may be required by the City. ===== PDF PAGE 120 ===== [Extraction: OCR (rendered-page OCR)] b. GSI Family agrees to a restriction on the use of the GSI Family Property such that there shall be no material tax or income producing use or structure building or operation on the GSI Family Property other than roadways, detention ponds and the installation of signage. 7. Mutual Understandings. In execution of this Agreement, the Parties specifically acknowledge and agree: a. The City shall not be financially responsible in any way for any improvements which may be sought or required to the intersection of Keil Road and Illinois Route 64, notwithstanding any other agreement or requirement calling for same. b. GSI Family shall, within fourteen (14) days of tender of an invoice for same, reimburse the City for all legal expenses and costs reasonably incurred by the City commencing in 2022 to the date of payment for its agreement to the terms set forth therein in connection with the negotiation of this Agreement and the resulting disconnection of the GSI Family Property and the DAA/GSI Family Property. Payment shall be made to the City of West Chicago, c/o City Administrator, 475 Main Street, West Chicago, IL 60185. c. The City, the DAA and GSI Family agree to do all things reasonably necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out the terms hereof. 8. Notice. All notices required to be given hereunder shall be in writing and shall be given by registered or certified mail, return receipt requested, or by a nationally recognized overnight courier with a copy sent by first class mail, or by email transmission to the addresses set forth hereinbelow. Notices given by registered or certified mail shall be deemed to have been received five days after such notices are mailed addressed to the Parties at the addresses set forth below. Any notice which is sent by overnight courier, hand-delivered or sent by email transmission shall be deemed to have been received on the date of delivery or, as the case may be, on the date of transmission. Any of the Parties may change their address, for purpose of receiving notice, by ===== PDF PAGE 121 ===== [Extraction: OCR (rendered-page OCR)] notice to the other of the Parties given in compliance with this with this paragraph. Notices to the Parties shall be addressed to the respective addresses set forth below: ===== PDF PAGE 122 ===== [Extraction: OCR (rendered-page OCR)] If to the City: City of West Chicago 475 Main Street West Chicago, Illinois 60185 Attn: City Administrator Phone: (630) 232-2200 Email address: mguttman@westchicago.org With a copy to: Bond Conway Law Firm, Ltd. 400 S. Knoll Street, Unit C Wheaton, Illinois 60187 Attn: Sarah Kallas Phone: (630) 681-1000 Email address: sarahkallas@bond-dickson.com If to the DAA: DuPage Airport Authority 2700 International Dr. West Chicago, IL 60185 Attn: Executive Director Phone: (630) 584-2211 Email address: mdoles@dupageairpot.com With a copy to: Luetkehans, Brady, Garner & Armstrong, LLC 2700 International Drive Suite 305 West Chicago, IL 60185 Attn: Philip A. Luetkehans Phone: (630) 760-4604 Email address: pal@|bgalaw.com If to the GSI Family: GSI Family Investments of Arizona, LLC 1307 Schiferl Road Bartlett, IL 60103 Attn: Pat Greco Phone: (630) 580-0344 Email address: pat@gsifamily.com ===== PDF PAGE 123 ===== [Extraction: OCR (rendered-page OCR)] With a copy to: Honigman LLP 321 N. Clark Street, Suite 500 Chicago, IL 60654 Attn: Marcia Owens (312) 701-9347 Email address: mowens@honigman.com 9. General Provisions. a. Entire Agreement. This Agreement, including all exhibits attached hereto, constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants by and between the Parties that are not contained herein. b. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, after exhaustion of all appeals or periods for such, or in the event such a court shall determine that the City does not have the power to perform any such provision, after exhaustion of all appeals or periods for such appeals, such provision shall be deemed to be excised here-from, and the invalidity thereof shall not affect any of the other provisions contained herein, and such judgment or decree shall relieve the City from performance under such invalid provision of this Agreement. At its sole expense, each of the Parties agrees to defend any court action that may be brought attacking their power or authority to enter into this Agreement or perform any of its provisions, including any appeals therefrom reasonably required by law. c. Waiver. No waiver of any condition or provision of this Agreement by the City, DAA and/or GSI Family shall be valid unless in writing signed by the City, DAA and/or GSI Family. No such waiver shall be deemed or construed as a waiver of any other or similar provision or of any future event, act or default. ===== PDF PAGE 124 ===== [Extraction: OCR (rendered-page OCR)] d. Amendment. This Agreement may be amended only by a written instrument executed by the Parties. e. Section and Other Headings. Section or other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. f. Assignment. This Agreement shall not be assigned to any person or entity without the prior written consent of the City, which may be withheld in the City’s reasonable discretion. No such assignment shall be effective, even if consented to by the City, unless and until the assignee assumes in writing the obligations of any of the other Parties hereunder. g. Authorization to Execute. GSI Family warrants that the Manager that has executed this Agreement on its behalf has been lawfully authorized to execute this Agreement on behalf of the Limited Liability Company. The Mayor and Executive Office Manager of the City hereby warrant that they have been lawfully authorized by the City’s Corporate Authorities to execute this Agreement. The Executive Director of the DAA and the Assistant Secretary of the Board of the DAA hereby warrant that they have been lawfully authorized by the DAA’s Board of Directors to execute this Agreement. The Parties shall deliver, upon request, to each other at the respective time such entities cause their authorized agents to affix their signatures hereto, copies of all articles of incorporation, by-laws, resolutions, ordinances, or other documents required to legally evidence the authority to so execute this Agreement on behalf of the respective Parties. h. Defaults. Failure on the part of any of the Parties to comply with any term, representation, warranty, provision or condition of this Agreement, after written notice thereof from the other Parties and failure to cure within fifteen (15) Business Days thereafter shall constitute an event of default unless such default is caused by the action or inaction of the other Parties or cannot be cured within such time period and, in which event, the Party in default diligently and continuously exerts its best efforts to cure such default, in which event the cure ===== PDF PAGE 125 ===== [Extraction: OCR (rendered-page OCR)] period shall be extended by such period of time required to cure the default upon the written agreement of the non-defaulting Party. (“Event of Default”) Upon an occurrence of an Event of Default by any of the Parties, the non-defaulting Parties (unless such default is a result of the action or non-action of the non-defaulting Parties) shall be relieved of any and all of its obligations arising pursuant to this Agreement, and such obligations shall be immediately canceled and without any force or effect, and the non-defaulting Party may take whatever action at law or in equity to enforce the performance and observance of any obligation, understanding, covenant, or agreement as aforesaid, including, but not limited to, costs incurred by use of its employees, officers and attorneys. i. Governing Laws and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. and any legal proceeding of any kind arising from this Agreement shall be filed in the Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois. j. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute a single instrument. ===== PDF PAGE 126 ===== [Extraction: OCR (rendered-page OCR)] IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first written above. CITY OF WEST CHICAGO DUPAGE AIRPORT AUTHORITY BY: BY: ATTEST: ATTEST: GSI FAMILY INVESTMENTS OF ARIZONA LLC BY: Name: Title: ATTEST: ===== PDF PAGE 127 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT A DAA PROPERTY/GSI PROPERTY DEPICTION ILLINOIS ROUTE 64 (MAIN STREET) 200 FOGHT OF WAY HERETOFORE DEDICATED \ — yo . — q —~ i a PAT COMMER Md FOUND ROW MARKER orsasw Bas Lor 25 Lorze ‘ATCORER ‘TRUE NOR" Lor 23 yw i259 userag 175.7509 i699 14g ben ok ‘SANTTITEM SIRI) TOD f g28 oe wz e235 Se 58 3e8 PART OF Lor 22 [eee naan as sronne Caio $3 NA5*374sE| Fe go 88 64.41'(M) ‘eS So WaT $89°271 472.10 (M) AT COMER fon sere PART OF peas LOT 22 ! = sesso oe - vor? ‘SFITITER SETS ATOR) re = Aue © wey OF BD 2OTW. ONLINE Fou sa al | a a PARALLEL watH THE (Dusting wy EDGE OF PAVEMENT OF HL ROAD i El. ROAD AS SHOWN partor | On DOCUMENT 473838 LOT 21 33 sis 1 ‘On-Line 20% Founo sa" bene th rad neszrizwl ] Sarina Se Tre ST | jOOCUMENT 475530 1 Lor2 | part oF | LoT 20 | AUNE F WrLy OF A200 | PARALLEL witH To ‘asting wy EDCE OF | PAVEMENT OF KER ROAD OPE, OHNE rome ye | 5 Petia es Sa * &l a i315) 32 Lor3 &| PART OF Re BS S| LOT19 ess ERS ! ‘Oh DOCUMENT a75538 1. ROAD AS shown ols Ble se 35 | Pre Fite rove v1 m IT rika cero ore $3) 8. 93 arswo263, tors E22 88 2g a “| PART OF LOT 18 UNE 8 wUr OF AMD ‘Srbbecet era SS PARALLEL wATH THe DUSTING WLY EDGE OF PAVEMENT OF KER ROAD &e EN] -| SAIS) 3 FOUND ve SFTP BOTT STORY Le83,03° ‘026W, Lore R=283.00'( ‘$08°46'57°W(M) tors CH=82.73(M) Ex, ROAD AS SHOW ON DOCUMENT 475833 PART OF | LOT 17 gs! e se LoTé ges ip if ee ee ene eee ESE ‘3 ‘PROPOSED INGRESS: CORES AND UTUITY ‘= MENT e Se ra nga as 000 (ON DOCUMENT <75838 Ee 23 Lor? Foun sa». AT CORNER 251" 27 TT-W(M) 404.95°(M) SeFITITIDg 826.2700 827.01) POINT OF BEGINNING ‘SOUTHWEST COMMER OF LOT \7 Lor 16, FOUND Sm ‘wrtM CAP "SPacEco: AT Come EXHIBIT B ===== PDF PAGE 128 ===== [Extraction: OCR (rendered-page OCR)] FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT PROVIDING FOR JURISDICTIONAL BOUNDARY LINE AGREEMENT ===== PDF PAGE 129 ===== [Extraction: OCR (rendered-page OCR)] FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT PROVIDING FOR A JURISDICTIONAL BOUNDARY LINE AGREEMENT THIS FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT PROVIDING FOR A JURISDICTIONAL BOUNDARY LINE AGREEMENT (“First Amendment”) is entered into this day of , 2025, by and between the CITY OF ST. CHARLES, an Illinois municipal corporation (“St. Charles’), and the CITY OF WEST CHICAGO, an Illinois municipal corporation (“West Chicago”) (St. Charles and West Chicago may be referred to individually herein as a “Party” and collectively as the “Parties”). WHEREAS, St. Charles and West Chicago have previously entered into an Intergovernmental Agreement Providing for a Jurisdictional Boundary Line Agreement on or about November 17, 2014 (“Agreement”); and WHEREAS, pursuant to the Agreement, the property legally described on Exhibit A attached hereto and made a part hereof (the “Subject Realty”) is currently within the jurisdictional area of West Chicago; and WHEREAS, the owner of the Subject Realty desires to disconnect from West Chicago and voluntarily annex the Subject Realty into St. Charles; and WHEREAS, the City of West Chicago has installed and currently maintains and operates various utility services in the Subject Realty; and WHEREAS, the Subject Realty is currently subject to the DuPage County Stormwater Ordinance; and WHEREAS, the disconnection and annexation contemplated must allow for by all owners and users of the Subject Realty to have access to Keil Road and Illinois Route 64; and WHEREAS, the Parties desire to amend the Agreement by this First Amendment so that (1) the Subject Realty is disconnected from the jurisdictional area of West Chicago and thereafter through annexation placed within the jurisdictional area of St. Charles, (2) to require that the Subject Realty, to the extent permitted by law, is developed in compliance with all applicable stormwater, wetland, floodway and/or floodplain regulations, utilizing either the regulations of DuPage County or Kane County, whichever are the most restrictive at the time of development, and (4) to provide that the Subject Realty will be provided access to Keil Road and Illinois Route 64 ; and WHEREAS, Section 11-12-9 of the Illinois Municipal Code (65 ILCS 5/11-12-9) authorizes the corporate authorities of municipalities to agree upon boundaries for the exercise of their respective jurisdiction within unincorporated territory that lies within one and one-half miles ===== PDF PAGE 130 ===== [Extraction: OCR (rendered-page OCR)] of the boundaries of such municipalities; and WHEREAS, Section 10 of Article VII of the Illinois Constitution of 1970 authorizes units of local government, including municipalities, to contract to exercise, combine or transfer any power or function not prohibited to them by law or ordinance; and WHEREAS, the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorizes municipalities to exercise jointly with any public agency of the State, including other units of local government, any power, privilege, or authority which may be exercised by a unit of local government individually, and to enter into contracts for the performance of governmental services, activities, and undertakings; and WHEREAS, this First Amendment constitutes the lawful exercise of intergovernmental cooperation between the Parties and constitutes the lawful exercise of the Parties’ rights to enter into jurisdictional boundary agreements. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises hereinafter contained, the adequacy and sufficiency of which the Parties stipulate, St. Charles and West Chicago agree as follows: 1. Incorporation of Recitals. The above-stated Recitals are hereby restated and incorporated into this Section 1 as though fully set forth herein as substantive provisions. 2. Integration. The provisions of this First Amendment shall be deemed by the parties to be fully integrated into the Agreement. The Agreement shall remain in full force and effect, except to the extent that it is expressly modified by the terms of this First Amendment. Should any provision or exhibit of the Agreement conflict with any provision of this First Amendment, the provisions of this First Amendment shall control. 3. Jurisdictional Boundary Line. The boundary line between St. Charles and West Chicago, for the purpose of establishing their respective jurisdictions for land use planning, official map purposes, subdivision control and annexation of unincorporated territory, all as provided for in the Agreement, shall be depicted upon the map attached hereto as Exhibit B and made a part hereof. Said map reflects that the Subject Realty, which is legally described in Exhibit A, attached hereto and made a part hereof, is excluded from the jurisdictional area of West Chicago and is within the jurisdictional area of St. Charles. 4. Upon the disconnection and annexation of the Subject Realty as contemplated herein, the Parties hereto agree that (1) the Subject Realty shall be under the jurisdictional control of St. Charles, (2) to the extent permitted by law, require that the Subject Realty be developed in compliance with all applicable stormwater, wetland, floodway and/or floodplain regulations, ===== PDF PAGE 131 ===== [Extraction: OCR (rendered-page OCR)] utilizing either the regulations of DuPage County or Kane County, whichever are the most restrictive at the time of development, and (3) the Subject Realty will be provided access to Keil Road and Illinois Route 64. [SIGNATURES ON NEXT PAGE] ===== PDF PAGE 132 ===== [Extraction: OCR (rendered-page OCR)] IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date first above written. CITY OF ST. CHARLES, CITY OF WEST CHICAGO, an Illinois municipal corporation an Illinois municipal corporation By: By: Mayor Mayor Attest: Attest: City Clerk City Clerk ===== PDF PAGE 133 ===== [Extraction: OCR (rendered-page OCR)] STATE OF ILLINOIS ) ) SS. COUNTY OF DU PAGE _ ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Rueben Pineda, Mayor of the CITY OF WEST CHICAGO, and Valeria Perez, Executive Office Manager of said City, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Mayor and Executive Office Manager, respectively appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said City, for the uses and purposes therein set forth; and the Executive Office Manager then and there acknowledged that she, as custodian of the corporate seal of said City, did affix the corporate seal of said City to said instrument, as her own free and voluntary act and as the free and voluntary act of said City, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 2025. Notary Public ===== PDF PAGE 134 ===== [Extraction: OCR (rendered-page OCR)] STATE OF ILLINOIS ) ) SS. COUNTY OF DU PAGE ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Mark Doles, Executive Director of the DUPAGE AIRPORT AUTHORITY and Dan Barna, Assistant Secretary of said Board of Directors, personally 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 acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said Authority, for the uses and purposes therein set forth; and the said Secretary then and there acknowledged that she, as custodian of the seal of said Authority, did affix the seal of said Authority to said instrument, as her own free and voluntary act and as the free and voluntary act of said Authority, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 2025. Notary Public -19- 55875213.5 ===== PDF PAGE 135 ===== [Extraction: OCR (rendered-page OCR)] STATE OF ILLINOIS ) ) SS. COUNTY OF DU PAGE ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that , of GSI FAMILY INVESTMENTS OF ARIZONA LLC and > of said Limited Liability Company, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such and , tespectively appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said Limited Liability Company, for the uses and purposes therein set forth; and the then and there acknowledged that she, as custodian of the corporate seal of said Limited Liability Company, did affix the corporate seal of said Limited Liability Company to said instrument, as her own free and voluntary act and as the free and voluntary act of said Limited Liability Company, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 2025. Notary Public -20- 55875213.5 ===== PDF PAGE 136 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT A LEGAL DESCRIPTION OF SUBJECT REALTY THAT PART OF LOTS 17, 18, 19, 20, 21 AND 22 IN WAYNE TOWNSHIP SUPERVISORS ASSESSMENT PLAT NUMBER TWO, ALSO KNOWN AS WAYNE ACRES, A PART OF THE NORTHEAST QUARTER AND SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 40 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31, 1945 AS DOCUMENT 475538, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 17; THENCE NORTH 00 DEGREES 32 MINUTES 43 SECONDS EAST, ALONG THE WEST LINE OF SAID WAYNE TOWNSHIP SUPERVISORS ASSESSMENT PLAT NUMBER TWO, A DISTANCE OF 1073.17 FEET; THENCE SOUTH 89 DEGREES 27 MINUTES 17 SECONDS EAST, PERPENDICULAR TO THE WEST LINE OF SAID WAYNE TOWNSHIP SUPERVISORS ASSESSMENT PLAT NUMBER TWO, A DISTANCE OF 472.10 FEET; THENCE NORTH 45 DEGREES 32 MINUTES 43 SECONDS EAST, 64.41 FEET TO A POINT ON A LINE 8 FEET WESTERLY OF AND PARALLEL WITH THE EXISTING WESTERLY EDGE OF PAVEMENT OF KEIL ROAD; THENCE SOUTHERLY ALONG A LINE 8 FEET WESTERLY OF AND PARALLEL WITH THE EXISTING WESTERLY EDGE OF PAVEMENT OF KEIL ROAD FOR THE NEXT SEVEN COURSES; THENCE SOUTH 01 DEGREES 03 MINUTES 09 SECONDS WEST, 114.99 FEET; THENCE SOUTH 00 DEGREES 59 MINUTES 02 SECONDS WEST, 199.34 FEET; THENCE SOUTH 00 DEGREES 30 MINUTES 55 SECONDS WEST, 259.41 FEET; THENCE SOUTH 01 DEGREES 29 MINUTES 58 SECONDS WEST, 48.38 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 36 SECONDS WEST, 87.29 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY 83.03 FEET, ALONG THE ARC OF A TANGENT CIRCLE TO THE RIGHT, HAVING A RADIUS OF 283.00 FEET AND WHOSE CHORD BEARS SOUTH 08 DEGREES 46 MINUTES 57 SECONDS WEST, 82.73 FEET TO A POINT OF TANGENCY; THENCE SOUTH 17 DEGREES 11 MINUTES 17 SECONDS WEST, 341.75 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 17; THENCE NORTH 89 DEGREES 27 MINUTES 17 SECONDS WEST, ALONG SAID SOUTH LINE, 404.95 FEET TO THE POINT OF BEGINNING, IN DUPAGE COUNTY, ILLINOIS. CONTAINING 533,658 SQUARE FEET OR 12.251 ACRES, MORE OR LESS. -Q91- 55875213.5 ===== PDF PAGE 137 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT B BOUNDARY MAP | || _L ILLINOIS ROUTE 64 (NORTH AVE) ae i N45°32'43"E 64.4]! SCALE 1* = 300' an a | 472.10' 9 sao $89°27'17"E -$01°03'09"W 114.99' ¢-S00°59'02"W 199.34 $00°30/55"W CITY OF WEST CHICAGO 7——S01°29'58"W 48.38' $00°22'36"W 87.29' CITY OF SAINT CHARLES NG0°32'43"E 1073.17' \-L=83.03' R=283.00' SAINT CHARLES AND THE CITY OF WEST CHICAGO o fo) 3} x - & é a w z 3 S < 3 5 2 ro) = 2 ing N PROPOSED AMENDED N89°27'17"W BOUNDARY LINE 404.95" Z, Spaceco BOUNDARY LINE AGREEMENT EXHIBIT -99- 55875213.5 ===== PDF PAGE 138 ===== [Extraction: OCR (rendered-page OCR)] - 23- 55875213.5 ===== PDF PAGE 139 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT C EASEMENT - 24 - 55875213.5 ===== PDF PAGE 140 ===== [Extraction: OCR (rendered-page OCR)] PROPOSED __!LLINOIS ROUTE 64 EASEMENT MAI REET) vo El I PROPOSED SANITARY SEWER 1 & WATERMAIN LOT 2 EASEMENT TO PHEASANT RUN RESORT CITY OF WEST ASSESS. PLAT #2 || CHICAGO REC. APRIL 6, 2021 AS DOC. A2021-054229 LOT 22 || 33° ft [fiss far {Lor LoT24 ll \—KEIL ROAD AS DEPICTED ON S poc. 475638 w ASSESS. PLAT #2 WAYNE TOWNSHIP SUPERVISORS ASSESS. PLAT NO. 2 REC. MARCH 31, 194: AS DOC. 475538 REC. APRIL 6, 2021 AS DOC. R2021-054229 - 4 oO a w e ~Z ez of aE rs <= 7) < wi - a EX SANITARY Sa WATERMAIN or MANHOLE LOCATED EASEMENT TO EX. SANITARY SEWER & oe, eheago WATERMAIN EASEMENT i (ESMT “O") PER DOC. LOT 17 LOT6 Ro9s-o3252 EX. SANITARY SEWER AND WATERMA|N EASEMENT (ESMT "O*) PER DOC. R98-03252 PROPOSED R PROPOSED SANITARY i SANITARY SEWE SEWER & WATERMAIN NT TO EASEMENT TO CITY OF CHY OF WEST WEST CHICAGO CHICAGO EX. SANITARY SEWER AND WATERMAIN EASEMENT (ESMT "A PER DOC. R98-0325: Spaceco Civil Engineering & Surveying > Projecis 93509390. 11 ENHIBEL 99350. TEXH WM SAN EASE din Default User=popeck - 95 - 55875213.5 ===== PDF PAGE 141 ===== [Extraction: OCR (rendered-page OCR)] 55875213.5