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HomeMy WebLinkAbout22-102 Resolution No. 22-102 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO ANNEXATION AGREEMENT WITH BOWES CENTER LLC,AN ILLINOIS LIMITED LIABILITY COMPANY, AS OWNER AND MID-AMERICA GREEN ENERGY, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY,AS DEVELOPER (3451 Bowes Road—Milne Property) WHEREAS, City and the successor owner of certain property located near the southwest corner of Bowes Road and Nolan Road commonly known as 3451 Bowes Road—Milne Property have proposed that the annexation agreement between such successor owner and the City of Elgin be amended; and WHEREAS,after due notice as required by law,a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS,the proposed First Amendment to Annexation Agreement with Bowes Center LLC, as successor owner and Mid-America Green Energy, LLC, as developer is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that David J. Kaptain, Mayor,and Kimberly A. Dewis, City Clerk,be and are hereby authorized and directed to execute, on behalf of the City of Elgin,the First Amendment to Annexation Agreement with Bowes Center LLC, as owner and Mid-America Green Energy,LLC, as developer, a copy of which is attached hereto. s/David J. Kaptain David J. Kaptain, Mayor Presented: June 22, 2022 Adopted: June 22, 2022 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk FIRST AMENDMENT TO ANNEXATION AGREEMENT Milne Property THIS FIRST AMENDMENT TO THE ANNEXATION AGREEMENT (the "First Amendment"), made and entered into this 22nd day of June, 2022, by and between THE CITY OF ELGIN,ILLINOIS,a municipal corporation of the Counties of Cook and Kane, in the State of Illinois (hereinafter referred to as the "City"), BOWES CENTER LLC, an Illinois limited liability company (hereinafter referred to as the "Owner"), and MID-AMERICA GREEN ENERGY,LLC,an Illinois limited liability company(hereinafter referred to as the"Developer"). The City,the Owner, and the Developer are also sometimes hereinafter individually referred to as a"Party" or collectively as the"Parties"). WITNESSETH• WHEREAS, the Owner is the owner of record of the real property described within Exhibit A-1 attached hereto and incorporated herein by this reference (the "Subject Property"); and WHEREAS,the City entered into an Annexation Agreement dated June 25,2003 with the predecessor in title to the Subject Property (the "Annexation Agreement"). The terms and provisions of the Annexation Agreement are incorporated herein by reference, and capitalized terms used but not otherwise defined herein shall have the meanings as set forth in the Annexation Agreement; and WHEREAS, Paragraph TWENTY-NINE of the Annexation Agreement establishes that the Annexation Agreement is a covenant running with the land, binding upon all grantees, successors, and assigns of the respective parties thereto; and WHEREAS,the Owner is the successor in title to the Subject Property; and WHEREAS,the Developer or its affiliate is the contract purchaser of the Subject Property from the Owner,but, as of the date of this First Amendment, the Developer has not yet purchased and acquired fee simple title to the Subject Property from the Owner. In the event the Developer or an affiliate or a Successor Developer(as hereafter defined)does purchase and acquire fee simple title to the Subject Property and the Fox Valley Saddle Association Property from the Owner, the date of such purchase and acquisition of fee simple title to the Subject Property and the Fox Valley Saddle Association Property is herein referred to as the"Title Transfer Date; and WHEREAS, the Owner is also the owner of record of the real property located immediately adjacent to the western edge of the Subject Property and legally described within Exhibit B-1 attached hereto and incorporated herein by reference (the "Fox Valley Saddle Association Property"); and WHEREAS, the Developer or its affiliate is the contract purchaser of the Fox Valley Saddle Association Property from the Owner, and Developer(itself or through an affiliate entity) anticipates acquiring fee simple title to the Fox Valley Saddle Association Property; and WHEREAS, the Developer intends to the develop both the Subject Property and the Fox Valley Saddle Association Property (collectively the "Development Property") together as one, unified development consisting of a utility-scale solar energy system(the"Development"); and WHEREAS,the Owner and the Developer desire to amend the Annexation Agreement so as to thereby obtain approval by the City of certain amended development entitlements as to the Subject Property as more fully set forth herein,so as to thereby develop the Development Property in a manner that will be more market-accepted; and WHEREAS, the entire Subject Property has been previously annexed into the corporate limits of the City pursuant to the Annexation Agreement and the ordinances previously adopted pursuant thereto; and WHEREAS, the City desires to accommodate the Development so as to promote the development of the Development Property; and WHEREAS,it is necessary to amend the Annexation Agreement to the extent it applies to the Development Property in order to accommodate the Development as now proposed by the Developer; WHEREAS,the Mayor and City Council of the City(the"Corporate Authorities")have duly set a date, time and place for a public hearing on this First Amendment to the Annexation Agreement, and have caused due notice to be made of said public hearing through publication in the Daily Herald, a newspaper of general circulation in the community, and the City has held such public hearing; and WHEREAS, the Corporate Authorities, after due and careful consideration, have concluded that this First Amendment to the Annexation Agreement on the terms and conditions hereinafter set forth is in the best interests of the City; and WHEREAS,pursuant to notice as required by statute and ordinance, a public hearing was held by the Planning &Zoning Commission of the City on the requested zoning of the amended land plan. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. This First Amendment to the Annexation Agreement is made pursuant to and in accordance with the provisions of Section 11 of the Illinois Municipal Code (65 ILCS 5/11-15.1-1 et. seq.) and in the exercise of the home rule power of the City. 2 2. The preamble and whereas clauses are terms of this First Amendment to the Annexation Agreement as though fully set forth hereunder. 3. Paragraph TWO of the Annexation Agreement is hereby deleted in its entirety and replaced with the following: "TWO: A portion of the Subject Property has been previously annexed into the Fox River Water Reclamation District (FRWRD)by its ordinance 75B dated June 27, 2005. Because the Subject Property is now being proposed for development as a solar farm, with no potable water or sanitary service required, FRWRD has advised the City that it does not require the remainder of the Subject Property to be annexed to FRWRD before its development as a solar farm. As such,the City shall not require the annexation of any additional portions of the Subject Property to FRWRD as a condition to the issuance of a building permit for the construction of a solar farm not involving any potable water or sanitary sewer service. However, prior to any other development of the Subject Property that requires potable water or sanitary sewer service and prior to the issuance of any permit for such a development,the entirety of the Subject Property shall be annexed to the Fox River Water Reclamation District and such annexation is established to the City's satisfaction. This provision shall be included in the New PCF Ordinance. 4. Paragraph THREE of the Annexation Agreement is hereby deleted in its entirety and replaced with the following: "A. Within thirty (30) days of the confirmation of the arrival of the Title Transfer Date(as documented to the City by the Developer or Successor Developer, as the case may be, and confirmed by Bowes Center, LLC), the Corporate Authorities shall pass or adopt an ordinance in the form attached hereto as Exhibit C=1 (the "New PCF Ordinance") amending Ordinance No. G53-03, which classified the Subject Property in the PSFR2 Planned Single-Family Residence District. In the event the Title Transfer Date (as documented to the City by the Developer and confirmed by Bowes Center,LLC)has not unconditionally occurred on or before June 1, 2023, the City or the Owner may elect to terminate this First Amendment by providing written notice to all of the other parties to this First Amendment. In the event such written notice is given in accordance with the proceeding sentence, then, with the exception of Section 17 of this First Amendment which adds a new paragraph 36 to the Annexation Agreement regarding certain easement grants to the City over the Subject Property, this First Amendment shall be deemed terminated without further obligations of the parties hereunder. The provisions of Section 17 of this First Amendment adding a new paragraph 36 to the Annexation Agreement shall survive any such termination of the First Amendment. 3 B. Except as otherwise provided for in this First Amendment to the Annexation Agreement, no changes or amendments in the zoning ordinance of the City which shall directly or indirectly adversely affect the use or development of the Subject Property shall be of any effect unless applicable to all comparable areas of the City. C. The Subject Property shall be developed in substantial conformance with the documents and development plan(s) defined in Section 5G of the New PCF Ordinance (collectively the "Development Plans"). Engineering for the development of the Subject Property shall be provided for in final engineering plans as approved by the City Engineer.Notwithstanding the foregoing: 1. The City and the Developer agree that reasonable modifications to the site plan,construction documents,and/or landscape plan to solve engineering, layout, and/or design problems not reasonably foreseeable at the time of the execution of this First Amendment to the Annexation Agreement may be approved by the City's Development Administrator as "minor amendments" pursuant to Section 19.60.200 of the Elgin Municipal Code, 1976 (and in addition to the changes enumerated in said Code section), each and all without public hearings and without formal amendment to this Agreement or the underlying New PCF Ordinance; and 2. In the event the Development Property is developed as a utility-scale solar energy system by anyone other than the originally-named Developer or an affiliate set forth in the first paragraph of this First Amendment (hereinafter a "Successor Developer") then the Development Plans may be modified in terms of proposed solar panel lay-out and the number of solar panels (with the result being a "Substitute Development Plans") without public hearings and without formal amendment to this Agreement or the underlying New PCF Ordinance, but only with the prior written consent of the City's Development Administrator, and then only if the said Development Administrator reasonably determines that (A) the Substitute Development Plans do not materially change the essential character of the project contemplated by the originally approved Development Plans with respect to visual impact, setbacks, access, traffic impact,the generation of noise,or materially diminish public safety, and (B) that the level and type of screening, fencing and landscaping contemplated by the Substitute Development Plans are comparable to the screening, fencing and landscaping provided for in the Original Development Plans. D. Developer shall be responsible at its cost for the construction and installation of those on-site public improvements and utilities consisting of storm 4 sewers, sanitary sewers, water mains, streets, and appurtenant structures, if any, required for the Development and as are needed to adequately service the Subject Property in accordance with applicable City ordinances and requirements. Notwithstanding anything to the contrary in this First Amendment to the Annexation Agreement, all newly-installed utilities including, but not limited to, water, sanitary sewer, storm sewer, telephone, electric, gas and cable television lines, if any,required for the Development and as are needed to service the Subject Property, whether offsite or onsite, shall be installed underground at Developer's cost,but the Developer shall not be required to bury existing above-ground utilities. Adequate security as provided by law shall also be furnished by Developer for any such improvements. E. After the Title Transfer Date,but prior to the issuance of a building permit or any development of the Subject Property, Owner shall submit a signed plat of dedication of for a portion of the Subject Property dedicating additional property to the City for Nolan Road which will result in dedicated right-of-way for Nolan Road of seventy feet(70)in width. For the avoidance of doubt, and by way of example only, if the existing dedicated Nolan Road right of way adjacent to the Subject Property is fifty-one (51) feet, then the additional dedication required from the Subject Property would be nineteen (19)feet. Such plat of dedication shall be in a form as approved by the City. F. After the Title Transfer Date,but prior to the issuance of a building permit or any development of the Subject Property., Owner shall submit a signed plat of dedication of the northerly 27 feet of the Subject Property in a form approved by the City whereby a right-of-way dedication is offered to Kane County along the south side of Bowes Road. The Owner can satisfy this requirement of this First Amendment to the Annexation Agreement by also providing a letter from Kane County stating that Kane County does not want additional right-of-way along Bowes Road. The amount of the dedication may also be amended to be less by a letter from Kane County. 5. Paragraph FIVE of the Annexation Agreement is hereby deleted in its entirety and replaced with the following: "Owner shall comply with the Elgin Municipal Code (E.M.C.) Title 17 — Development Impact Fees. To the extent it may lawfully do so, the City shall administer and apply the provisions of Title 17 in a uniform manner. Payment of such fees shall be made prior to the issuance of any building permits relating to any development upon the Subject Property. Owner and Developer on behalf of themselves and their successors, assigns and grantees of the Subject Property, further hereby acknowledge the propriety,the necessity and legality of the fees and contributions provided for in this paragraph and in this Agreement and do hereby further agree and do waive any and all rights to any and all legal or challenges or 5 defenses to the fees and contributions provided for in this paragraph and in this Agreement and hereby agree and covenant on behalf of themselves and their successors, assigns and the grantees of the Subject Property, not to sue the City or maintain any other legal action or defense against the City with respect to such fees and contributions." 6. Paragraph SIX of the Annexation Agreement is hereby deleted in its entirety and replaced with the following: "The Subject Property shall be developed in conformance with the open space policies and other like provisions of the 2018 Elgin Comprehensive Plan, as that document may be amended from time to time." 7. Paragraph SEVEN of the Annexation Agreement is hereby deleted in its entirety and replaced with the following: "Owner shall retain ownership of all portions of Subject Property depicted on the Development Plans as wetlands, landscape screening, screening berms and entry ponds, common open space areas, storm water retention areas, and dry detention areas. Such areas, associated improvements including but not limited to fencing, and landscape material shall be maintained in accordance with the Development Plans and all applicable City codes and ordinances." 8. Paragraph FOURTEEN of the Annexation Agreement is hereby amended by adding the following to the end of such paragraph: "For the purposes of certainty, in the event the Development is a utility-scale solar energy system, then the amount of land covered by solar panels and the amount of building square footage associated with any structures accessory to the solar panels shall not be counted as non-residential building development for the purposes of calculating a cash contribution." 9. Paragraph TWENTY-TWO of the Annexation Agreement is hereby deleted in its entirety. 10. Paragraph TWENTY-SIX of the Annexation Agreement is hereby deleted in its entirety and replaced with the following: "Notices or other writings which any party is required 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,or by a nationally recognized overnight courier,prepaid,addressed as follows: 6 If to the City or to the Corporate Authorities: City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: City Clerk With a copy to: City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: Corporation Counsel If to Owner: Bowes Center LLC Attn: Michael J. Anderson 1250 Larkin Avenue, Suite 100 Elgin, IL 60123 With a copy to: Peter C. Bazos, Esq. Bazos, Freeman, Schuster&Pope, LLC 1250 Larkin Avenue, Suite 100 Elgin, Illinois 60123 If to Developer: Mid-America Green Energy, LLC Attn: Dan Hanson One Parkview Plaza, 91h Floor Oakbrook Terrace, IL 60181 With a copy to: Tomasz A. Sobieraj SATC Law 222 West Adams Street, Suite 3050 Chicago, Illinois 60606 Notices shall be deemed received on the fifth business day following receipt in the U.S. Mail, if given by certified mail as aforesaid, and upon receipt or refusal of personal delivery." 11. Paragraph TWENTY-EIGHT of the Annexation Agreement is hereby deleted in its entirety and replaced with the following: "This First Amendment to the Annexation Agreement may be executed in multiple counter-parts, all of which together, shall constitute one and the same agreement. Further, photocopies, facsimile transmissions, email transmissions, and other reproductions of this First Amendment and/or the signatures hereon shall be the equivalent of originals." 7 12. Paragraph TWENTY-NINE of the Annexation Agreement is hereby deleted in its entirety and replaced with the following: "This Annexation Agreement constitutes a covenant running with the land composing the Subject Property,binding upon the parties hereto,the successors in title of the Developer and each of them, all grantees, successors, and assigns of the respective parties hereto, including successor corporate authorities and successor municipalities of the City. The City may record a memorandum of annexation agreement placing of record the terms, provisions, and obligations of this Agreement. 13. Paragraph THIRTY of the Annexation Agreement is hereby deleted in its entirety and replaced with the following: "It is agreed that in the event the Subject Property is proposed by the Owner to be rezoned after the passage of the PCF zoning ordinance referred to in paragraph THREE of this First Amendment to the Annexation Agreement, or in the event it is proposed by the Owner that the subject PCF zoning ordinance be amended, that any such proposed rezoning or amendment to the subject PCF zoning ordinance require the prior amendment of this First Amendment to the Annexation Agreement upon terms and conditions which are acceptable to the City." 14. Paragraph THIRTY-THREE of the Annexation Agreement is hereby created as follows: "That in the event of any conflict between the terms of this First Amendment to the Annexation Agreement and the terms of the Annexation Agreement, the First Amendment to the Annexation Agreement shall control. That unless expressly amended in this First Amendment to the Annexation Agreement, the terms of the Annexation Agreement shall remain in full force and effect." 15. Paragraph THIRTY-FOUR of the Annexation Agreement is hereby created as follows: "This Agreement is and shall be deemed and construed to be the joint and collective work product of the City,Owner, and Developer and,as such,this Agreement shall not be construed against any party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity,vagueness or conflict in terms or provisions, if any, contained herein." 16. Paragraph THIRTY-FIVE of the Annexation Agreement is hereby created as follows: 8 "In the event any phrase, paragraph, article or portion of this Agreement is found to be invalid or illegal by any court of competent jurisdiction, such finding of invalidity as to that portion shall not affect the validity,legality or enforceability of the remaining portions of this Agreement." 17. Paragraph THIRTY-SIX of the Annexation Agreement is hereby created as follows: "Not more than thirty(30)days after the passage of a resolution approving this First Amendment to the Annexation Agreement, and prior to the issuance of a building permit or any development of the Subject Property, the Owner shall provide to the City in recordable form the original fully executed Easement Agreement which provides for certain easement grants to the City over the Subject Property, a copy of such Easement Agreement being attached hereto and made a part hereof as Exhibit F-1. The City shall then record such Easement Agreement." 18. Paragraph THIRTY-SEVEN of the Annexation Agreement is hereby created as follows: "Notwithstanding anything to the contrary set forth herein or elsewhere,the Parties agree that: A. This First Amendment may be terminated as provided in Paragraph 3A hereof in the event the Title Transfer Date (as documented to the City by the Developer or Successor Developer, as the case may be) and confirmed by Bowes Center, LLC)has not unconditionally occurred on or before June 1,2023; and B. Until the confirmation of the arrival of the Title Transfer Date, the Parties agree that,with the exception of the Easement Agreement provided for in Paragraph 36 hereof, no dedications of right-of-way or easements (whether to the City or to any other person or governmental body), and no plats of subdivision shall be required, granted or accepted with respect to the Subject Property; and C. Upon the confirmation of the arrival of the Title Transfer Date, Bowes Center, LLC shall be deemed to have been released as a party to the Annexation Agreement as amended by this First Amendment, and the person taking title to the Subject Property by conveyance from Bowes Center, LLC shall be deemed to be the successor"Owner" for all purposes hereunder; and D. Should the Title Transfer Date not occur on or before June 1,2023, and this First Amendment is terminated pursuant to Paragraph 3A hereof,then the City and the Developer will reasonably cooperate with Bowes Center, LLC at its request in documenting the termination and nullification of this First Amendment. 9 19. Paragraph 37 of the Annexation Agreement is hereby created as follows: "This Agreement shall be assignable by the Developer or the Successor Developer (as the case may be) without City's and Owner's prior written consent. This Agreement shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties." SIGNATURE PAGES TO FOLLOW 10 IN WITNESS WHEREOF,the Elgin Corporate Authorities and Owner have hereunto set their hands and seals and have caused this instrument to be executed by their duly authorized officials and the corporate seal affixed hereto, all on the day and year first above written. CITY: OWNER: CITY OF ELGIN, a municipal corporation BOWES CENTER LLC 2 By: By: Mayor 3VnagZe_r : Attest: City Clerk DEVELOPER: MID-AMERICA GREEN ENERGY, LLC By: Manager Legal U"t\Agreement\Milne Property-First Amend Annex Agr-Bowes Center-Redlined-6-8-22.doex Table of Exhibits: Exhibit Description Letter A-1 Legal Description of the Subject Property B-1 Legal Description of the Fox Valley Saddle Association Property C-1 New PCF Ordinance F-1 I Easement Agreement Providing for Utility Easements from Owner to the City 11 IN WITNESS WHEREOF,the Elgin Corporate Authorities and Owner have hereunto set their hands and seals and have caused this instrument to be executed by their duly authorized officials and the corporate seal affixed hereto,all on the day and year first above written. CITY: OWNER: CITY OF ELGIN,a municipal corporation BOWES CENTER LLC By: By: Mayor Manager Attest: City Clerk DEVELOPER: MID-AMERICA GREEN ENERGY, LLC By: ,2, Manager Legal Dept\Agreement\Milne Property-First Amend Annex Agr-Bowes Center-Clean-6-8-22.docx Table of Exhibits: Exhibit Description Letter A-1 Legal Description of the Subject Property B-1 Legal Description of the Fox Valley Saddle Association Property C-1 New PCF Ordinance F-1 Easement Agreement Providing for Utility Easements from Owner to the Ci 11 EXHIBIT A-1 (Legal Description of the Subject Property) That part of the Southwest Fractional Quarter of Section 30, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the West line of said Southwest Fractional Quarter with the centerline of Bowes Road; thence easterly along said centerline, 811.50 feet for the point of beginning; thence southerly parallel with the West Fractional Quarter, 1000.04 feet to the northerly right of way line of the Illinois Central Railroad; thence southeasterly along said northerly right of way line to the East line of said Southwest Fractional Quarter;thence North along said East line to the centerline of said Bowes Road; thence West along said centerline to the point of beginning; (except that part described as follows: Commencing at the intersection of the West line of said Southwest Fractional Quarter with the centerline of Bowes Road;thence easterly along said centerline,811.50 feet;thence southerly along a line parallel with the West Fractional Quarter, 849.44 feet to the intersection with a line 135.00 feet perpendicularly distant northeasterly of and parallel with the northeasterly right of way line of the Illinois Central Gulf Railroad Company, and the point of beginning; thence continuing along the last described line parallel with the West Fractional Quarter, 150.60 feet to the northerly right of way line of the Illinois Central Gulf Railroad Company;thence southeasterly along said northerly right of way line of the railroad to the East line of said Southwest Fractional Quarter; thence North along said East line of the Southwest Fractional Quarter, a distance of 151.20 feet to the intersection with said line 135.00 feet perpendicularly distant northeasterly of and parallel with the northerly right of way line of said railroad; thence northwesterly along said last mentioned parallel line 880.03 feet to the point of beginning), also that part of Bowes Road lying North of the centerline of Bowes Road as described above,also that part of Nolan Road lying East of the East line of the above described property, except that part previously annexed, in the Township of Elgin, Kane County, Illinois. EXHIBIT B-1 (Legal Description of the Fox Valley Saddle Association Property) That part of the Southwest Quarter of Section 30, Township 41 North Range 8 East of the Third Principal Meridian, described as follows: Beginning at the intersection.of the West line of said Southwest Quarter with the centerline of Bowes Road; thence easterly along said centerline, 811.50 feet; thence southerly parallel with the West line of said quarter section, 1000.04 feet to the northerly right of way line of the Illinois Central Railroad;thence northwesterly,along said northerly right of way line, 17.09 feet; thence northwesterly, along said northerly right of way line, being along a curve to the left, tangent to the last described course, 865.84 feet to the West line of said Southwest Quarter of Section 30; thence northerly along said West line 633.31 feet to the point of beginning, excepting therefrom the following described parcel of land: That part of the Southwest Quarter of Section 30, Township 41 North, Range 8 East of the Third Principal Meridian, bounded and described as follows: Commencing at the intersection of the West line of said Southwest Quarter with the centerline of Bowes Road; thence easterly along a said centerline 811.50 feet to a point; thence southerly along a line,hereinafter known as "Line A", parallel with the West line of said Southwest Quarter of Section 30, 1002.72 feet (deed equals 1000.04 feet) to the northerly right of way line of the Illinois Central Railroad,for the point of beginning;thence northwesterly along said northerly railroad right of way line, hereinafter known as "Line B", 134.63 feet (deed equals 17.09 feet), to a point of curve; thence northwesterly along said northerly right of way line being a curved line, convex to the Northeast, having a radius of 5786.65 feet, an arc distance of 748.49 feet (deed equals 865.84 feet) to the West line of the Southwest Quarter of said Section 30; thence North along the West line of the Southwest Quarter of said Section 30, a distance of 18.67 feet to a point; thence easterly along a line, 423.44 feet to the intersection with the northwesterly extension of a line drawn 135.00 feet perpendicularly distant northeasterly of and parallel with the above described "Line B"; thence southeasterly along the last described parallel line, 433.26 feet to a point on the above described "Line A" thence southerly along the first herein described "Line A", 150.60 feet to the point of beginning, also including that part of Bowes Road lying between the North line of the above described property and the North right of way line of said Bowes Road, in the Township of Elgin, Kane County, Illinois. 13 EXHIBIT C-1 (New PCF Ordinance) 14 Ordinance No. Gxx-22 AN ORDINANCE RECLASSIFYING TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT AND PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT TO A NEW PCF PLANNED COMMUNITY FACILITY DISTRICT (3451 Bowes Road) WHEREAS, the territory legally described herein (the "Subject Property") has been annexed to the City of Elgin; and WHEREAS, the Subject Property has previously been classified in the PSFR2 Planned Single Family Residence District pursuant to Ordinance No.G53-03 and PCF Planned Community Facility District pursuant to Ordinance No. G54-03; and WHEREAS, written application has been made to reclassify the Subject Property located at 3451 Bowes Road from PSFR2 Planned Single Family Residence District and PCF Planned Community Facility District to a new PCF Planned Community Facility District to allow the construction of a solar farm; and WHEREAS, the zoning lot containing the premises at 3451 Bowes Road is legally described herein(the"Subject Property"); and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on April 4,2022, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting a planned development as a map amendment reclassifying property from PSFR2 Planned Single Family Residence District and PCF Planned Community Facility District to a new PCF Planned Community Facility District pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance No. G53-04, entitled "An Ordinance Classifying Newly Annexed Territory in the PSFR2 Planned Single Family Residence District(N.B.C.,L.L.C./Milne Parcel—3201 Bowes Road)passed June 25, 2003, is hereby repealed. Section 2. That Ordinance No. G54-04, entitled "An Ordinance Classifying Newly Annexed Territory in the PCF Planned Community Facility District (Fox Valley Saddle Association—3401 Bowes Road)passed June 25, 2003, is hereby repealed. Section 3. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated April 4, 2022, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 4. That Chapter 19.07 Zoning Districts, Section 19.08.020 entitled "Official Zoning District Map"of the Elgin Municipal Code, as amended,be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the"Zoning District Map", as amended,be and are hereby altered by including in the PCF Planned Community Facility District the following described property: PARCEL I: THAT PART OF THE SOUTHWEST FRACTIONAL QUARTER OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LTh.l E OF SAID SOUTHWEST FRACTIONAL QUARTER WITH THE CENTER LINE OF BOWES ROAD; THENCE EASTERLY ALONG SAID CENTER LINE 811.5 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHERLY PARALLEL WITH THE WEST FRACTIONAL QUARTER 1000.04 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF THE ILLINOIS CENTRAL RAILROAD; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE TO THE EAST LINE OF SAID SOUTHWEST FRACTIONAL QUARTER; THENCE NORTH ALONG SAID EAST LINE TO THE CENTER LINE OF SAID BOWES ROAD; THENCE WEST ALONG SAID CENTER LINE TO THE POINT OF BEGINNING; (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID SOUTHWEST FRACTIONAL QUARTER WITH THE CENTER LINE OF BOWES ROAD; THENCE EASTERLY ALONG SAID CENTER LINE 811.5 FEET; THENCE SOUTHERLY ALONG A LINE PARALLEL WITH THE WEST FRACTIONAL QUARTER 849.44 FEET TO THE INTERSECTION WITH A LINE 135 FEET PERPENDICULARLY DISTANT NORTHEASTERLY OF AND PARALLEL WITH - 2 - THE NORTHEASTERLY RIGHT OF WAY LINE OF THE ILLINOIS CENTRAL GULF RAILROAD COMPANY, AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE LAST DESCRIBED LINE PARALLEL WITH THE WEST FRACTIONAL QUARTER 150.60 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF THE ILLINOIS CENTRAL GULF RAILROAD COMPANY; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE OF THE RAILROAD TO THE EAST LINE OF SAID SOUTHWEST FRACTIONAL QUARTER; THENCE NORTH ALONG SAID EAST LINE OF THE SOUTHWEST FRACTIONAL QUARTER, A DISTANCE OF 151.20 FEET TO THE INTERSECTION WITH SAID LINE 135 FEET PERPENDICULARLY DISTANT NORTHEASTERLY OF AND PARALLEL WITH THE NORTHERLY RIGHT OF WAY LINE OF SAID RAILROAD; THENCE NORTHWESTERLY ALONG SAID LAST MENTIONED PARALLEL LINE, 880.03 FEET TO THE POINT OF BEGINNING), IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 30, TOWNSHIP 41 NORTH, RA. GE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID SOUTHWEST 1/4 WITH THE CENTER LINE OF BOWES ROAD; THENCE EASTERLY ALONG SAID CENTER LINE 811.50 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION 1000.04 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF THE ILLINOIS CENTRAL RAILROAD; THENCE NORTHWESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE 17.09 FEET; THENCE NORTHWESTERLY ALONG SAID NORTHERLY RIGIIT OF WAY LINE, BEING ALONG A CURVE TO THE LEFT TANGENT TO THE LAST DESCRIBED COURSE, 865.84 FEET TO THE WEST LINE OF SAID SOUTHWEST 1/4 OF SECTION 30; THENCE NORTHERLY ALONG SAID WEST LINE 633.31 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID SOUTHWEST 1/4 WITH THE CENTER LINE OF BOWES ROAD; THENCE EASTERLY ALONG SAID CENTER LINE, 811.50 FEET TO A POINT; THENCE SOUTHERLY ALONG A LINE HEREINAFTER KNOWN AS "LINE A", PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/4 OF DEED) TO THE NORTHERLY RIGHT OF WAY LINE OF THE ILLINOIS CENTRAL RAILROAD, FOR THE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG SAID NORTHERLY RAILROAD RIGHT OF WAY LINE, HEREINAFTER KNOWN AS DEED) TO A POINT OF CURVE; THENCE NORTHWESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE BEING A CURVED LINE, CON'VEX TO THE NORTHEAST, HAVINO A RADIUS OF 5786.65 FEET, AN ARC DEED) TO THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 30; THENCE NORTH ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 30, A DISTANCE OF 18.67 FEET TO A POINT; THENCE EASTERLY ALONG A LINE, - 3 - 423.44 FEET TO THE INTERSECTION WITH THE NORTHWESTERLY EXTENSION OF A LINE DRAWN 135.0 FEET PERPENDICULARLY DISTANT NORTHEASTERLY OF AND PARALLEL WITH THE ABOVE DESCRIBED "LINE B"; THENCE SOUTHEASTERLY ALONG THE LAST DESCRIBED PARALLEL LINE 433.26 FEET TO A POINT ON THE ABOVE DESCRIBED "LINE A"; THENCE SOUTHERLY ALONG THE FIRST HEREIN DESCRIBED"LINE A", 150.60 FEET TO THE POINT OF BEGINNING),IN THE CITY OF ELGIN,KANE COUNTY,ILLINOIS. (Commonly known as 3451 Bowes Road) Section 5. That the City Council of the City of Elgin hereby grants the rezoning from PSFR2 Planned Single Family Residence District and PCF Planned Community Facility District to a new PCF Planned Community Facility District at 3451 Bowes Road which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PCF Planned Community Facility District is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 "Planned Developments" of the Elgin Municipal Code, as amended. In general, community facilities provide governmental,recreational,educational,health,social,religious,and transportation services to the community on a for-profit or on a not-for-profit basis. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol"[SR]",shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90"Supplementary Regulations",of the Elgin Municipal Code,as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PCF Planned Community Facility District,the use and development of land and structures shall be subject to the provisions of Chapter 19.05 "General Provisions", of the Elgin Municipal Code, as amended. D. Zoning Districts; Generally. In this PCF Planned Community Facility District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07 "Zoning Districts", of the Elgin Municipal Code, as amended. E. Location and Size of District. PCF Planned Community Facility Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF Planned Community Facility District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two (2)acres. No departure from the required minimum size of a planned community facility district shall be granted by the City Council. -4- F. Land Use. In this PCF Planned Community Facility District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 "Land Use", of the Elgin Municipal Code, as amended. The following enumerated "land uses" [SR] shall be the only land uses allowed as a "permitted use" [SR] or as a "conditional use" [SR] in this PCF Planned Community Facility District: 1. Permitted Uses. Those land uses enumerated as permitted uses within the CF Community Facility District, Section 19.30.130 A., Land Use, of the Elgin Municipal Code, as it may be amended from time to time. 2. Conditional Uses. Those land uses enumerated as conditional uses within the CF Community Facility District, Section 19.30.130 B., Land Use, of the Elgin Municipal Code, as it may be amended from time to time. G. Site Design. In this PCF Planned Community Facility District, the use and development of land and structures shall be subject to the provisions of Section 19.12, "Site Design", of the Elgin Municipal Code, as amended, and Section 19.30.135 "Site Design" for CF Community Facility District, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following documents: 1. Substantial conformance to the Development Application submitted by Mid- America Green Energy, LLC,as applicant,and Bowes Center LLC,as property owner, received February 16, 2022, and supporting documents including: a. Undated Statement of Purpose,received March 30, 2022; b. Plat of Survey of SW Corner Bowes and Nolan Roads, Elgin, IL, prepared by Cemcon, Ltd., dated May 3, 2018; c. Plat of Easement 3451 Bowes Road Elgin, IL, prepared by Cemcon, Ltd., dated June 2, 2022,last revised June 9,2022,with such further revisions as required by the City Engineer; d. Plat of easement exhibit with details,prepared by Cemcon,Ltd.,dated June 2, 2022, last revised June 10, 2022, with such further revisions as required by the City Engineer; e. Plat of Dedication to the Kane County Division of Transportation 3451 Bowes Road Elgin,IL,prepared by Cemcon,Ltd.,dated February 14,2022, last revised June 8,2022,with such further revisions as required by the City Engineer; f. Plat of Dedication to the City of Elgin 3451 Bowes Road Elgin,IL,prepared by Cemcon Ltd., dated February 14, 2022, last revised June 8, 2022, with such further revisions as required by the City Engineer; g. Site Plan Elgin Solar Farm SWC Bowes Road and Nolan Road Elgin, Illinois, prepared by Spaceco Inc., dated January 27, 2022, last revised - 5 - March 29, 2022,with such further revisions as required by the Community Development Director; h. Elgin Solar Farm SWC Bowes Road and Nolan Road Elgin, IL Landscape Plan,Sheet 1 of 2,prepared by Gary R.Weber Associates,Inc.,dated March 29, 2022, last revised May 23, 2022, such further revisions as required by the Community Development Director; i. Elgin Solar Farm SWC Bowes Road and Nolan Road Elgin, IL Landscape Specifications, Sheet 2 of 2, prepared by Gary R. Weber Associates, Inc., dated March 29, 2022, last revised May 23, 2022, with such further revisions as required by the Community Development Director; j. Landscape Buffer Elevation Elgin Solar Farm Elgin, Illinois, prepared by Gary R. Weber Associates, Inc., dated March 30, 2022, with such further revisions as required by the Community Development Director; and k. Six-page plans titled: `Elgin Community Solar", including sheets: E0.0, E0.1, E0.2, E0.3, E10, and E30, prepared by Verde Solutions LLC, dated March 30,2022,with such further revisions as required by City Engineer. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. A departure is hereby granted to allow the construction of a ground-mounted utility scale solar energy system(solar farm)without a principal building. 3. A departure is hereby granted to allow the construction of multiple ground- mounted solar energy systems on the Subject Property. 4. A departure is hereby granted to allow the construction of ground-mounted solar energy systems within the street yards along Bowes Road and Nolan Road. 5. A departure is hereby granted to allow the construction of a fence on the property without a principal building. 6. A departure is hereby granted to allow the construction of an 8-foot-high solid trex (composite) fence, color Woodland Brown, within the street yards along Bowes Road and Nolan Road. 7. This planned development contemplates and allows the applicant to expand the rows of solar panels to the west, no closer than within 45 feet of the west lot line, in so long as the applicant provides a tree preservation easement over the western 45 feet of the property from which trees may not be removed without prior written consent from the City of Elgin. The expanded area must be fenced in a like manner to the originally approved area(see condition number 6 above), but additional landscaping is not required. The tree preservation easement must - 6- be protected during such expansion in accordance with Section 19.16.070 of the zoning ordinance, as it may be amended from time to time. Dangerous trees may be removed from the tree preservation easement in the manner authorized by Section 19.16.080 of the zoning ordinance, as it may be amended from time to time. 8. Prior to the issuance of a building permit, the applicant shall provide a written correspondence from Commonwealth Edison (ComEd) authorizing the connection of the proposed solar farm to the ComEd energy grid. 9. Any proposed outdoor lighting shall be installed in compliance with the zoning ordinance. 10. Any accessory equipment proposed to be installed, shall be located within fully enclosed buildings. A departure is hereby granted to allow the construction of such accessory buildings on the Subject Property without a principal building. The exterior of such accessory buildings shall be constructed of traditional masonry materials as approved by the Community Development Director. 11. The existing building with its accessory parking area and access driveway, all located on the western portion of the Subject Property, shall be removed and restored at the time of solar farm construction. 12. A portion of the Subject Property has been previously annexed into the Fox River Water Reclamation District (FRWRD) by its ordinance 75B dated June 27,2005. Because the Subject Property is now being proposed for development as a solar farm,with no potable water or sanitary service required,FRWRD has advised the City that it does not require the remainder of the Subject Property to be annexed to FRY-ID before its development as a solar farm. As such, the City shall not require the annexation of any additional portions of the Subject Property to FRWRD as a condition to the issuance of a building permit for the construction of a solar farm not involving any potable water or sanitary sewer service. However, prior to any other development of the Subject Property that requires potable water or sanitary sewer service and prior to the issuance of any permit for such a development, the entirety of the Subject Property shall be annexed to the Fox River Water Reclamation District and such annexation is established to the City's satisfaction. 13. In conjunction with the development of the Subject Property the applicant/ developer shall construct at its cost a ten (10) foot wide multipurpose path according to plans therefore approved by the City Engineer. Such multipurpose path shall be constructed in the thirty-five (35) foot City Easement Premises along the northerly portion of the Subject Property to be granted to the City by the Owner of the Subject Property. Upon completion of the construction of the - 7- multipurpose path by the applicant/developer, and upon review and recommendation by the City Engineer,the City shall accept such multipurpose path as a public improvement for future ownership and maintenance and for use by the public. Acceptance of such multipurpose path as a public improvement shall be consistent with applicable City ordinances. 14. Compliance with all applicable codes and ordinances. H. Off Street Parking. In this PCF Planned Community Facility District, off-street parking shall be subject to the provisions of Chapter 19.45 "Off Street Parking",of the Elgin Municipal Code, as amended. I. Off Street Loading. In this PCF Planned Community Facility District, off-street loading shall be subject to the provisions of Chapter 19.47"Off Street Loading",of the Elgin Municipal Code, as amended. J. Signs. In this PCF Planned Community Facility District, signs shall be subject to the provisions of 19.50 "Street Graphics", of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following: 1. A departure is hereby granted to allow the construction of one monument graphic on the property without a principal building. Notwithstanding, such monument graphic shall comply with all requirements of the zoning ordinance, including but not limited to the maximum permitted height, sign surface area, and required landscaping. K. Nonconforming Uses and Structures. In this PCF Planned Community Facility District, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52"Nonconforming Uses and Structures"of the Elgin Municipal Code, as amended. L. Amendments. In this PCF Planned Community Facility District, text and map amendments shall be subject to the provisions of Chapter 19.55 "Amendments" of the Elgin Municipal Code, as amended M. Planned Developments. In this PCF Planned Community Facility District,the use and development of the land and structures shall be subject to the provisions of Chapter 19.60"Planned Developments"of the Elgin Municipal Code, as amended. A conditional use for a planned development may be requested by the property owner without requiring an amendment to this PCF zoning district. N. Conditional Uses. In this PCF Planned Community Facility District, conditional uses shall be subject to the provisions of Chapter 19.65 "Conditional Uses", of the - 8 - Elgin Municipal Code, as amended. A conditional use may be requested by the property owner without requiring an amendment to this PCF zoning district. O. Variations. In this PCF Planned Community Facility District, variations shall be subject to the provisions of Chapter 19.10.500"Authorized Land Use Variations", Chapter 19.12.800 "Authorized Site Design Variations", and Chapter 19.70 "Variations", of the Elgin Municipal Code, as amended. A variation may be requested by the property owner without requiring an amendment to this PCF zoning district. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75"Appeals",of the Elgin Municipal Code, as amended. Section 6. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. David J. Kaptain, Mayor Presented: Passed: Vote: Yeas Nays: Recorded: Published: Attest: Kimberly A. Dewis, City Clerk - 9- EXHIBIT F-1 (Easement Agreement Providing for Utility Easements from Owner to the City) 15 EXHIBIT F-1 This Instrument Prepared By and Return After Recording to: William A. Cogley City of Elgin Legal Department 150 Dexter Court Elgin, IL 60120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Agreement") is made and entered into this day of ,2022,by and between the CITY OF ELGIN,an Illinois municipal corporation, (hereinafter referred to as the "City"), and Bowes Center, LLC, an Illinois limited liability company (hereinafter referred to as the "Grantor"). Grantor and Grantee are also sometimes referred to herein individually as a"Party"or collectively as the"Parties". WITNESSETH WHEREAS, Grantor owns the real property located at the southwest corner of Bowes Road and Nolan Road, in the City of Elgin, Illinois, legally described in the Plat of Easement prepared by Cemcon Ltd.,dated ,2022,attached hereto as Exhibit A and made a part hereof by this reference (such property is hereinafter referred to as the "Subject Property"); WHEREAS,the Parties have determined that it is in their best interests for Grantor to grant to the City an Easement(as hereinafter defined) over the portions of the Subject Property depicted in the attached Exhibit A as the "City Easement Premises" (such portions of the Subject Property depicted on Exhibit A as the "City Easement Premises" are hereinafter collectively referred to as the"City Easement Premises"); and WHEREAS, the Easement shall affect and pertain only those portions of the Subject Property identified in Exhibit A as the City Easement Premises. NOW,THEREFORE,for and in consideration of Ten Dollars($10.00)in hand paid to Grantor, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1. That subject to Section 2 below,the Grantor hereby grants and conveys to the City of Elgin, an Illinois municipal corporation, a permanent and exclusive easement to install, construct, reconstruct, operate, use, maintain, repair, service, upgrade, replace or remove public utilities and public improvements, including but not limited to, a sanitary sewer line, a potable water main, fiber optic lines, multipurpose path, sidewalks and appurtenances relating thereto, in, through, under and upon the City Easement Premises ("Easement"). 2. Any other public utilities(or service lines leading thereto)shall be permitted to cross said City Easement Premises at right angles thereto if approved in writing by the City of Elgin and provided that such is done in a manner that does not then or later unreasonably interfere with the City's intended use of the City Easement Premises; however no electrical transformers, switching equipment, junction boxes, or any other such facilities or equipment, shall be erected either above or below ground on the City Easement Premises due to such crossings. 3. That the Grantor shall not construct any buildings,structures or other physical improvements on the City Easement Premises, nor undertake any other activities which unreasonably interfere with the City Easement Premises and the City's intended use thereof. The right is also hereby granted to the City of Elgin to remove any fences, buildings or structures and to cut down, trim or remove any trees, shrubs, bushes, roots or other plantings that may now or hereafter exist upon the City Easement Premises and which unreasonably interfere with the operation of or access to City facilities in, on, upon, across, under or through said City Easement Premises. The City shall not be responsible for the replacement or repair of any such fences, buildings, structures, trees, shrubs,bushes, roots or other plantings in the City Easement Premises removed during the exercise of the herein given rights. Replacement and/or repair of said items shall be the responsibility of the then property owner. 4. That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the City Easement Premises to the same conditions as existed immediately prior to the exercise of such rights as are reasonably practicable. 5. That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all of the Parties hereto. 6. That this Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. - 2 - Page 7. That it is understood and agreed that the City may utilize the services of third party contractors, employees or other agents to perform work in the City Easement Premises. 8. That the Grantor hereby represents and warrants to the City it is the fee simple title holder of the City Easement Premises and that it has the full power and authority to enter into and make the grant of easement as provided herein. 9. That this Agreement shall be recorded by the City at the City's cost with the Kane County Recorder. 10. That this Agreement shall be binding on the Parties hereto, their successors and permitted assigns and shall run with the land. IN WITNESS WHEREOF, the Parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELGIN, an Illinois Bowes Center, LLC municipal corporation an Illinois limited liability company By By David Kaptain, Mayor Peter C. Bazos, a Manager Attest: Kimberly Dewis, City Clerk Legal Dept\AgreententTasement Agr-Bowes Center LLC-Clean 6-10-22.DOCX - 3 - Page STATE OF ILLINOIS ) SS COUNTY OF KANE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that David Kaptain and Kimberly Dewis, personally known to me to be the Mayor and City Clerk,respectively of the City of Elgin,Illinois and to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their and voluntary acts, and as the free and voluntary act of the City of Elgin,for the uses and purposes therein set forth. Given under my hand an official seal, this day of , 2022. Notary Public STATE OF ILLINOIS ) SS COUNTY OF KANE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Peter C. Bazos, personally known to me to be a Manager of Bowes Center, LLC, an Illinois limited liability company,and to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act, and as the free and voluntary act of Bowes Center, LLC, for the uses and purposes therein set forth. Given under my hand an official seal, this day of , 2022. Notary Public 4- Page EXHIBIT F-1 EXHIBIT A PLAT OF EASEMENT The Plat of Easement shall be in a form as approved by the City. The current*draft of the Plat of Easement has been prepared by Cemcon, Ltd., dated June 2, 2022, last revised June 9, 2022, and shall be further revised as required by the City Engineer. The City Easement Premises thereon shall conform to the following general descriptions: 1. North Easement: An easement thirty-five (35) feet in width lying southerly of the new proposed twenty-seven(27) foot right-of-way dedication to Kane County. 2. South Easement: An easement approximately forty-two(42)feet to fifty(50)feet in width lying northerly of the existing Commonwealth Edison right-of-way. 3. Ease Easement: A twenty-five (25) foot wide easement lying westerly of the new seventy (70) foot Nolan Road dedicated right-of-way.