Planning & Zoning Commission

DeKalb Municipal Building Council Chambers 200 S. Fourth St., 2nd Floor DeKalb, IL 60115 AGENDA Planning and Zoning Commission July 3, 2019 6:00 PM A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. APPROVAL OF MINUTES D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Public Hearing – Petition by Park 88 Group, LLC for approval of an amendment to the development agreement for Park 88 approved by Ordinance No. 04-53 and the annexation agreement approved by Ordinance 07-61 to accommodate changes to the land use, setbacks, building height, interior roadway alignments, Peace Road improvements, roadways costs, building appearance and landscape standards, signage, lighting, fences and pedestrian/bicycle paths for an approximately 570 acre site located generally on the west side of Peace Road, south of E. Lincoln Highway and north of Fairview Drive. The petitioner is also requesting the rezoning of approximately 102 acres from “SFR1” Single-Family Residential to “PD-I” Planned Development Industrial and “PD-C” Planned Development Commercial zoning. F. REPORTS 1. Relocation of City Hall G. ADJOURNMENT  STAFF REPORT June 28, 2019 TO: Planning and Zoning Commission FROM: Dan Olson, Principal Planner RE: Approval of an amendment to the annexation and development agreement for Park 88 to accommodate future growth; rezoning from “SFR1” Single- Family Residential to “PD-I” Planned Development Industrial and “PD-C” Planned Development Commercial. (Park 88 Group, LLC) I. GENERAL INFORMATION A. Purpose Amend the Park 88 annexation and development agreement to facilitate the development of the remaining undeveloped lands within the project B. Owner/Applicant Park 88 Group, LLC C. Location and Size West side of Peace Road between E. Lincoln Hwy and Fairview Dr.; 570 acres D. Existing Zoning and Land Use “PD-I” and “SFR1”; distribution centers E. Proposed Zoning and Land Use “PD-I” and “PD-C”; additional warehouse, office, manufacturing, & commercial uses F. Surrounding Zoning and Land Use North– Unincorporated, HI, GC, LC; various commercial/industrial uses South – ORI, SFR1; office, warehouse, single family East – Unincorporated, PDC, PDI; vacant, agriculture West – Unincorporated, LI; RR, various commercial uses G. Comprehensive Plan Designation Commercial, Office/Research, Light Ind. I. BACKGROUND AND ANALYSIS The applicant, Park 88 Group, LLC, is requesting approval of an amendment to the development agreement for Park 88 approved by Ordinance No. 04-53 and the annexation agreement approved by Ordinance 07-61 to accommodate future growth in the Park 88 development. The Park 88 is approximately 570 acres in size and located generally on the west side of Peace Road, south of E. Lincoln Highway and north of Fairview Drive. The petitioner is also requesting that approximately 102 acres of property (Orr Parcel) in the northeast portion of the development be rezoned from “SFR1” Single-Family Residential to “PD-I” Planned Development Industrial and “PD-C” Planned Development Commercial. At the present time, Park 88 Group, LLC is the owner of the remaining undeveloped parcels within Park 88, including the Orr Parcel. Park 88 Group, LLC is proposing to amend and restate the original development agreement in its entirety to facilitate the development of the remaining undeveloped lands within Park 88 as a modern commercial and industrial property. The applicant proposes to update the standards related to land use, setbacks, building height, interior roadway alignments, Peace Road improvements, roadways costs and maintenance, building appearance, landscape standards, signage, lighting, fences and pedestrian/bicycle paths. Previously developed properties within Park 88 will remain governed by the provisions of the original development agreement from 2004. There are no new buildings proposed with this request, just amendments to the existing agreements to facilitate future development. The development agreement includes the approval of a new Concept Plan for the area including potential building pads, parking/loading areas and access points. Preliminary and Final Plans for the individual undeveloped lots will require review and approval by the Planning and Zoning Commission and City Council In order to facilitate the development of the undeveloped properties remaining within Park 88 (in particular the Orr Parcel), the applicant is also requesting to amend the terms of the 2007 Annexation Agreement (Orr Parcel). Accordingly, to be consistent with the zoning of the developed parcels in Park 88, the Orr Parcel (which is currently zoned SRF1) is requested to be rezoned to the PD-C and PD-I classifications. The PD- C zoning is proposed to apply to the area within 400 feet of the southerly right-of-way of E. Lincoln Highway, with the remaining being rezoned to PD-I. A summary of the approval history of Park 88 is provided below: Ord 04-53; Passed June 28, 2004: Authorized the Execution of a development agreement with DeKalb Associates regarding Park 88 for property generally bounded by the UP RR on the west, Fairview Dr. on the south, Peace Rd. on the east, and the north property line of the existing Target Distribution Center. Established PD-I zoning for the site and approved a Preliminary Development Plan and Plat for Park 88. Agreement did not include property currently shown on the City’s zoning map as SFR1 (Orr Property). The agreement approved the Target Distribution Center and included the extension of Macom Dr. Page 2 of 8 Ord 04-71 and Ord.04-72; Passed July 26, 2004: Approved the Final Plat for the lots west and north of Macom Drive, but not all the way to Peace Road. Approved the Final Plat and Final Development Plans for the Target Distribution Center. Ord 07-39; Passed April 9, 2007: Approved the Final Plat and Final Plan for the first 3M building along Fairview Dr. Ord 07-61 and Ord. 07-62; Passed July 16, 2007: Authorized the execution of an Annexation Agreement with Park 88, LLC and annexed property (Orr Property) located west of Peace Road, south of E. Lincoln Highway and to the north of the existing Park 88 development. Ord 10-40; Passed June 28, 2010: Approved the Final Plan and Plat for the second 3M building. Ord 2015-035; Passed July 27, 2015: Approved the Final Plan and Plat for the third 3M building. A brief summary of the changes between the 2004 and 2007 Ordinances and the proposed development and annexation agreement is below: Land Uses The list of permitted uses was expanded and is more specific. The allowable uses are more reflective with the current UDO list of uses. For the area of the site within 400 feet of E. Lincoln Highway (to be rezoned PD-C), retail and service uses are added. Bulk Regulations - Setbacks, Building Height Establishes setback standards for buildings and parking lots from the ComEd right-of-way (along the west side of Peace Road) that are more consistent with the setbacks in the agreement from a street right-of-way. Maximum building height remains at 100 feet; however, an amendment increases the height from 40 feet to 60 feet when additional setbacks apply. The maximum site coverage (75% - 90%) in the 2004 Ordinance is proposed to be amended to 70%. The floor area ratio (FAR) will remain at 75%. Interior Roadway Alignments Potential future building and roadway layouts are better defined in the northeast portion of the site, east of Target (Orr Parcel). An area of smaller lots and an internal public roadway at the northwest corner of Peace Road and Fairview Drive is proposed for removal. The area is to be replaced with one large building with private roadway access points. Page 3 of 8 Peace Road Improvements and Roadways Costs The City has presently programmed the portion of Peace Road from I-88 to Illinois Route 38 (Lincoln Highway) for improvements at an estimated total cost of 10 million dollars and it is presently included within a federal and state grant program that results in the provision of eighty percent (80%) of the costs of designing and constructing the improvements from grant funding, with a twenty percent (20%) local funding obligation. The owner has agreed to be responsible for the payment of $750,000.00 for any local share of the cost of designing and constructing this portion of Peace Road. The agreement also stipulates the City will perform maintenance work on Macom Drive in 2020. Although not mentioned specifically in the agreement, the City is working with ComEd on obtaining an access easement across the ComEd right-of-way next to Peace Road so adequate access can be provided to the northeast portion of the site (area east of Target). Architectural Standards and Building Appearance Proposed language establishes architectural guidelines with acceptable materials, prohibited materials and compatibility between buildings. Removes private development guidelines and Development Review Committee that was in the 2004 Ordinance. Landscape Standards Landscaping standards are being modified for easier understanding and to be more consistent with the current UDO standards. Language is also included to ensure that proper screening of semi/truck parking from adjacent roadways is obtained. Landscaping details and cross section profiles are included as exhibits to agreement to provide clear guidance on requirements. Signage, Lighting and Fences For signage, the language is proposed to be more in-line with the current UDO standards and contains more specific language regarding allowable wall signage and address features on buildings. Overall maximum wall sign sizes for non-retail and service uses are proposed instead of maximum sizes based upon lineal feet of building frontage. Lighting standards were expanded to be “dark sky” compliant and to be more consistent with the current UDO regulations. Maximum pole heights are proposed at 35 feet compared to a 30-foot maximum in the UDO. Justification is warranted for higher poles based on larger buildings and parking areas associated with typical warehouse and distribution centers. More specific language was added for fencing including allowing fencing up to eight feet Page 4 of 8 in height in the front yards if 10 feet away from the right-of-way. Fences must also have a “wrought iron look” with powder coated black color. Fencing in the side and rear yards will be allowed up to eight feet in height with a “wrought iron look” or black vinyl coated chain-link fences. Due to the large outdoor parking areas and security needs of potential users of Park 88, the proposed standards are justified. Pedestrian/Bicycle Paths The 2004 agreement waived the requirement for sidewalks along Fairview Drive and Peace Road provided that a 10 foot wide path was constructed. For the other streets, a sidewalk or path on one side of the street was approved. A sidewalk was constructed along the north and west sides of Macom Dr. The amended agreement requires the owner to make a on-time contribution to the City of $120,000 for a public bike path. It is anticiapted the City will construct a path on the north side of Fairview Dr. to allow for the safe movement of employees who walk or ride bikes to the various employers along the roadway. III. STANDARDS OF REZONING (Orr Parcel – 102 Acres) 1. The proposed rezoning conforms to the Comprehensive Plan, or conditions have changed to warrant the need for different types of land uses in that area. The proposed rezoning is appropriate considering the length of time the property has been vacant, as originally zoned, and taking into account the surrounding areas trend in development. The 2005 Comprehensive Plan recommends commercial uses on the northern portion of the “Orr” site fronting on E. Lincoln Highway and Light Industrial and Office/Research uses for the remainder of the site. The trend of development in the area over the last few years has been commercial including the construction of the 978,000 sq. ft. 3M Distribution Center and a Casey’s General Store at the northwest corner of Peace Road and E. Lincoln Highway. The rezoning of the 102 acre “Orr Property” to the PD-I and PD- C zoning districts meets the intent of the Comprehensive Plan and is compatible with the trend of development in the area. 2. The proposed rezoning conforms to the intent and purpose of the Unified Development Ordinance. Re-zoning of the subject site to the PD-I and PD-C Districts will allow the project to comply with the regulations of the UDO except as stated in the development agreement. The “PD-C” and “PD-I” zoning districts, as provided under the City of DeKalb’s Unified Development Ordinance, will be the most appropriate zoning classifications for the remaining undeveloped properties within Park 88. 3. The proposed rezoning will not have a significantly detrimental effect on the long-range development of adjacent properties or adjacent land uses. Page 5 of 8 Areas to the north, west and south are mostly developed. The proposed zoning and land uses are consistent with and compatible with the surrounding area and the Comprehensive Plan. The proposed rezoning to PD-I and PD-C should not have a detrimental effect on the adjacent properties or land uses. 4. The proposed rezoning constitutes an expansion of an existing zoning district that, due to the lack of undeveloped land, can no longer meet the demand for the intended land uses. The subject property is proposed for “PD-C” Planned Development - Commercial and “PD-I” Planned Development – Industrial zoning. The “PD-C” and “PD-I” district designations will allow uses on the site that will be compatible with the surrounding area. In addition, the rezoning will enhance the Park 88 area with higher standards of design than other adjacent properties and will be consistent with the Comprehensive Plan recommendations. 5. Adequate public facilities and services exist or can be provided. Existing utilities already serve the site or will be extended to meet the needs of future development. IV. STANDARDS FOR PLANNED DEVELOPMENT General Standards: The approval of the Development Plan may provide for such exceptions from the regulations associated with traditional zoning districts as may be necessary or desirable to achieve the objectives of the proposed planned development. However, such exceptions shall consistent with the City's Comprehensive Plan and the standards contained in this Section and have been specifically requested in the application for a planned development; and further, that no planned development shall be allowed which would result in: 1. Inadequate or unsafe access to the planned development; The subject site abuts Peace Road and will have access to Macom Drive, which connects to Fairview Drive and Peace Road (signalized intersection). 2. Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity; Provisions are included in the development agreement to provide improvements along Peace Road and Macom Drive to accommodate future growth. 3. An undue burden on public parks, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development; Page 6 of 8 The Planned Development designation will not have any undue impact on public parks, recreation areas, schools, fire and police protection or other public facilities. The zoning of the site to PD-I and PD-C will have a positive impact on these public facilities due to the increased property taxes that will be generated. 4. A development which will be incompatible with the intent and purposes of this Ordinance; The applicant is requesting PD-I and PD-C zoning, which allows the City to approve regulations that will control the zoning, development and maintenance, operations and other property improvement related issues. 5. Detrimental impact on surrounding area including, but not limited to, visual pollution; The surrounding area is mostly developed to the west, north and south. The proposed zoning and land uses are consistent and compatible with the surrounding area and Comprehensive Plan. The proposed rezoning should not have a detrimental effect on the adjacent properties or land uses. Development restrictions will be placed on the site to ensure there is no detrimental effect to surrounding areas. V. Citizen Comments The City received a Citizen Response Form from Gary Tadd representing 407 Industrial Drive (Pinkston-Tadd Roofing Services) indicating their support for the rezoning and amendments (copy provided in packet). We also received a Citizen Response Form from Panduit (1700 E. Fairview Dr.) containing some comments/questions regarding the petition. Staff responded to the questions posed and a copy is provided in the Commissioner’s packet. VI. CONCLUSIONS AND RECOMMENDATION Staff believes that Park 88 Group LLC’s proposed use of the remaining undeveloped properties within Park 88 will be compatible with and will further the planning objectives of the City and the redevelopment of those properties will be of benefit to the community, will permit orderly growth, increase the tax base, and will promote and enhance the general welfare of the City and its residents. Sample Motion: Based upon the submitted petition and testimony presented, I move that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of an amendment to the development agreement for Park 88 approved by Ordinance No. 04-53 and the annexation agreement approved by Ordinance 07-61 to accommodate future growth on the subject site and to recommend approval of the rezoning from “SFR1” Single-Family Residential to “PD-I” Planned Development Page 7 of 8 Industrial and “PD-C” Planned Development Commercial for approximately 102 acres per the Amended and Restated Park 88 Development Agreement attached as Exhibit A to the report, with PD-C zoning applying to the area within 400 feet of the southerly right-of- way of E. Lincoln Highway. Page 8 of 8  EXHIBIT A Document prepared by and after recording return to: ________________________________ _________________________________ _______________________________ _______________________________ AMENDED AND RESTATED PARK 88 DEVELOPMENT AGREEMENT  AMENDED AND RESTATED PARK 88 DEVELOPMENT AGREEMENT This Amended and Restated Park 88 Development Agreement (the "Agreement") is made and entered the____ day of , 2019 by and among the City of DeKalb, an Illinois municipal corporation located in DeKalb County, Illinois, (the "City"), and Park 88 Group, LLC, a Delaware limited liability company (the “Owner”). The City and Owner are collectively referred to as “Parties” and individually referred to as a “Party.” RECITALS A. Situated at the southeastern end of the City of DeKalb is a parcel of property of approximately 465 acres, which property is legally described on Exhibit A attached hereto and incorporated herein by reference as the “Property”. B. The City and Owner (as successor to DeKalb Associates, an Illinois partnership) entered into a certain Park 88 Development Agreement dated as of June 28, 2004 and recorded with the DeKalb County Recorder’s Office on August 5, 2004 as Document No. 2004016020 (“Original Agreement”). Under the terms of the Original Agreement, one or more amendments may be entered into by and between the owner of a parcel or parcels and the City of DeKalb, without requiring the consent of all owners of all parcels subject to the Original Agreement. C. The City and Owner (as successor to Park 88, LLC, an Illinois limited liability company) entered into a certain Annexation Agreement dated as of July 9, 2007 and recorded with the DeKalb County Recorder’s Office on August 15, 2007 as Document No. 2007014519 regarding that certain portion of the Owner Properties (defined below) commonly referred to as the “Orr Parcel” (“Orr Parcel Annexation Agreement”). D. At the present time, Owner is the owner of those parcels of property legally described and identified in the attached Exhibit B-1 and depicted in Exhibit B-2 (the “Owner Properties”). Owner and the City have agreed to amend and restate the Original Agreement in its entirety with respect to the Owner Properties only in order to facilitate the development of the Owner Properties as a commercial and industrial property in accordance with the Development Standards attached hereto as Exhibit C, and incorporated herein by reference (the "Development Standards"). The Parties acknowledge that any portion of the Property which is not within the Owner Properties (referred to herein as the “Previously Developed Properties”) shall remain governed by the provisions of the Original Agreement and its accompanying standards. E. In order to facilitate the development of the Owner Properties as a commercial and industrial property in accordance with the Development Standards, Owner and the City also desire to amend the terms of the Orr Parcel Annexation Agreement, subject to and in accordance with the terms and conditions of this Agreement. F. The portion of the Owner Properties identified on Exhibit L hereto is currently zoned SRF1 and Owner seeks to provide for the immediate rezoning of the entire Owner Properties by the City as set forth herein and in the Development Standards, and the City has agreed to so  Page 2 of 30 rezone of the Owner Properties as PD-C / PD-I with a list of permitted, prohibited and special uses as provided in the Development Standards. G. The City acknowledges that Owner's proposed use of the Owner Properties, as set forth in this Agreement, will be compatible with and will further the planning objectives of the City and that the redevelopment of the Owner Properties will be of benefit to the City, will permit orderly growth, planning and development of the City, will increase the tax base of the City, and will promote and enhance the general welfare of the City and its residents. Owner acknowledges that the City is not obligated to amend the Original Agreement or the Orr Parcel Annexation Agreement, and that the City’s agreement to amend the Original Agreement and the Orr Parcel Annexation Agreement, to rezone the Owner Properties in accordance with the provisions of this Agreement, to provide access to public utility services and other City services, and to otherwise perform the City’s obligations under this Agreement constitutes valuable, bargained-for consideration that benefits Owner and the Owner Properties. H. The City acknowledges and Owner agrees that the “PD-C” and “PD-I” Planned Development-Commercial and Industrial Zoning District, as provided under the City of DeKalb Unified Development Ordinance (the “UDO”) will be the most appropriate zoning classifications for the development of the respective portions of the Owner Properties as regulated within the Development Standards. I. The City has agreed to zone the Owner Properties as hereinafter described, upon the appropriate petition(s) of Owner being duly filed with the City Clerk, including all necessary supporting materials and documentation as outlined herein and in the City’s UDO. J. Pursuant to notice, as required by statute and ordinance, public hearings were held by the City’s Planning and Zoning Commission on the requested zoning of the Owner Properties, and the findings of fact and recommendations made by said body relative to such requests have been forwarded to the Mayor and City Council of the City (collectively, “Corporate Authorities”). K. All other and further notices, publications, procedures, public hearings and other matters attendant to the consideration and approval of this Agreement and the rezoning of the Owner Properties have been given, made, held and performed by the City as required by the Illinois Municipal Code, and all other applicable statutes, and all applicable ordinances, regulations and procedures of the City. L. The Corporate Authorities have duly considered all necessary matters to enter into this Agreement, have considered the recommendations of the City’s Planning and Zoning Commission in connection with the proposed zoning of the Owner Properties and have further duly considered the terms and provisions of this Agreement and have, by a resolution or ordinance duly adopted by a vote of two-thirds (2/3) of the Corporate Authorities then holding office, authorized the Mayor to execute, and the City Clerk to attest, this Agreement on behalf of the City. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and agreements herein made, the Parties hereby agree as follows:  Page 3 of 30 ARTICLE I RECITALS The Parties acknowledge that the statements and representations contained in the recitals, both inclusive of the foregoing recitals are true and accurate and incorporate such recitals into this Agreement as if fully set forth in this Article I. ARTICLE II AMENDMENT AND RESTATEMENT OF THE ORIGINAL AGREEMENT A. Amendment and Restatement of Original Agreement: This Agreement is an amendment and restatement of the Original Agreement in its entirety with respect to the Owner Properties only. The Original Agreement is terminated and will be of no further force or effect regarding the Owner Properties. B. Original Entitlements: Contemporaneous Approvals: The Property was previously annexed to the City. The Parties acknowledge that at the time of the Original Agreement and thereafter, there were zoning approvals, plan approvals, and related approvals granted to the Property which may or may not have complied with the then-applicable requirements (hereafter, the “Original Entitlements”). At the present date, the Parties acknowledge that there is this Agreement, the ordinances passing this Agreement, the Development Standards approved herewith, the Exhibits attached hereto (hereafter, the “Contemporaneous Approvals”). The Parties expressly agree and acknowledge that the Contemporaneous Approvals shall supersede the Original Entitlements regarding the Owner Properties, shall supersede the Original Agreement regarding the Owner Properties, and shall govern the future development of the Owner Properties. The Parties also acknowledge that this Agreement shall affirm and ratify the Original Entitlements and all previous approvals granted by the City for the Previously Developed Properties, even to the extent that they may be inconsistent with the Contemporaneous Approvals. Upon approval of this Agreement, the Corporate Authorities shall proceed, subject to the terms and conditions set forth in this Agreement, to rezone the Owner Properties in accordance with the terms of this Agreement. All ordinances, plats, affidavits and other documents necessary to accomplish said rezoning and approvals contemplated by this Agreement shall be recorded by the City at Owner's expense. Owner shall hereafter develop the Owner Properties in accordance with this Agreement and shall not petition to disconnect any portion or all of said Owner Properties from the City hereafter. C. Conveyance of Public Use Site: Owner shall convey to the City of DeKalb by general warranty deed, with clear title free of any exceptions or liens that are not reasonably acceptable to the City, the municipal site described in Section 4.03A of the Original Agreement, which site is legally described on Exhibit D hereto (“Public Use Site”). That conveyance will occur within ninety (90) days of the date of approval of this Agreement and will satisfy the obligations of the Developer under Section 4.03A of the Original Agreement. Owner represents and warrants to the City that Owner has no actual knowledge of any environmental contamination on the Public Use Site.  Page 4 of 30 D. Future Development of Previously Developed Properties: The Parties agree and acknowledge that the Previously Developed Properties have been improved and sold to third parties, which third parties are not signatories to this Agreement. Accordingly, this Agreement shall not serve to modify or amend any provision of the Original Agreement as relating to the Previously Developed Properties or to bind or otherwise encumber the Previously Developed Properties, nor shall it serve to amend any previously granted approvals relating to such properties. In the event that any party seeks to undertake future development of one or more of the Previously Developed Properties, such party may either undertake such development pursuant to the Original Agreement and standards contained therein, or may request that the City entertain an amendment to the Original Agreement as pertaining to said parcel or parcels. E. CCR’s: The City hereby approves that certain Declaration of Protective Covenants for Park 88 Business Park recorded with the DeKalb County Recorder on September 24, 2004 as Document No. 2004019754 (“CCR’s”) and waives the requirement in the Original Agreement that the Declaration of Covenants, Conditions and Restrictions attached to the Original Agreement as Exhibit D be recorded against the Property. Owner will cause the CCR’s to encumber any portion of the Owner Properties not presently encumbered by the CCR’s by executing a Supplemental Declaration of Protective Covenants for Park 88 Business Park in the form attached hereto as Exhibit J and will cause that document to be recorded with the DeKalb County, Illinois Recorder, at Owner’s expense, concurrently with the recording of this Agreement with the DeKalb County, Illinois Recorder. The CCRs provided for the creation of a property owners’ association (“Owners Association”), which shall, after the amendment of the CCR’s referred to above, include the current or future owners of the Owner Properties. Owner shall also take such steps as shall be reasonably necessary to cause fee title to the parcel identified as PIN 08-25-100-022 to be conveyed to the Owners Association. ARTICLE III ZONING OF THE PROPERTY A. Default Zoning. The Corporate Authority shall enact such ordinances as are necessary to rezone the Owner Properties to “PD-C PD-I” Planned Development-Commercial, in accordance with the Development Standards and the terms of this Agreement. The Development Standards shall serve as the basis of development for the Owner Properties, and all future development of the Owner Properties shall be in conformity with the Development Standards and the terms and conditions of this Agreement. No residential housing or occupancy shall be permitted anywhere on the Owner Properties. B. “PD-C / PD-I” Provisions. It is herein agreed that except as provided below, the PD-I zoning, which shall apply to the entirety of the Owner Properties, shall conform to the Development Standards with regard to permitted, prohibited and special uses. Any use not specifically approved therein as a Permitted or Special Use shall be a Prohibited Use. Parking, Outdoor Storage, Setbacks and related zoning considerations shall be governed by the Development Standards. 1. Lincoln Highway Frontage: With regard to that portion of the Owner Properties which are within four hundred feet of the southerly right of way of Lincoln  Page 5 of 30 Highway (hereafter, the “Lincoln Highway Frontage”), the following zoning and use restrictions shall apply: a. Lincoln Highway Frontage Needed for Development of Lot 20: The Parties acknowledge that between the Commonwealth Edison Right of Way adjacent to the westerly right of way of Peace Road (hereafter, the “COMED ROW”) and the portion of the Previously Developed Properties currently in use as a Target Distribution Center, a portion of the Owner Properties is comprised of a large parcel identified as Lot 20 on the Concept Plan attached hereto as Exhibit F (“Lot 20”). In the event that Owner is able to demonstrate to the City’s reasonable satisfaction that the Lincoln Highway Frontage should be used in connection with the development of Lot 20 or any portion thereof (for example, for stormwater detention, signage/monumentation, parking or landscape buffer), then, after reasonable approval by the City, the Lincoln Highway Frontage may be utilized for any such purpose and Owner shall provide a proposed development plan for said areas including enhanced landscaping and signage amenities, in form and content reasonably acceptable to the City. b. Lincoln Highway Frontage Not Needed for Development of Lot 20: In the event that the Lincoln Highway Frontage will not be used in connection with the development of Lot 20 or any portion thereof (for example, for stormwater detention, signage/monumentation, parking or landscape buffer), as determined under subsection III(B)(1)(a) above, then Owner shall locate its drainage and stormwater detention in such a fashion as to preserve the Lincoln Highway Frontage for development with commercial uses in accordance with the permitted, special and prohibited uses afforded under the PD-C zoning designation contemplated herein. c. Zoning: The Lincoln Highway Frontage shall be zoned PD-C and shall have the permitted, special and prohibited uses and development restrictions as contemplated by the Development Standards. The balance of the Owner Properties (other than the Lincoln Highway Frontage) shall be zoned PD-I and shall be subject to the Permitted Land Uses described under Section II(A) of the Development Standards. C. Development Standards 1. Compliance with Development Standards: The Owner Properties shall be developed in a fashion consistent with the Development Standards. At the time of submission of any preliminary or final plat or plans or the submission of any site plan contemplating the construction of a structure, or at the time of application for any building permit that does not require the separate approval of final plats or plans, Owner shall submit building elevations to demonstrate compliance with the Development Standards. Prior to issuance of building permits, such elevations shall be modified to comply with the Development Standards. Provided that the  Page 6 of 30 elevations comply with the Development Standards, the City shall not unreasonably condition or withhold approval. The Community Development Director shall be authorized to provide such approval or may, at her discretion, refer the approval to the City Council for consideration. 2. Signage: Any permanent signs of any form on the Owner Properties shall hereafter be installed only in strict compliance with the applicable provisions of the Development Standards. Said signage may be installed and maintained for the period that this PD-C / PD-I zoning designation remains effective for the Property. a. Temporary Signage: Any marketing signs, off-site signage, temporary signs or other non-permanent signs shall be permitted only as authorized under the then-current UDO. 3. Fencing and Landscaping: All fencing and landscaping installed hereafter on the Owner Properties shall conform to the requirements outlined in the Development Standards, and fences shall be installed where required by said Development Standards. 4. Stormwater Detention: Subject to the terms of this Agreement, any future development of the Owner Properties shall be required to comply with the then- current and applicable stormwater-related standards of the City, including but not limited to stormwater discharge rate standards. Stormwater detention basins constructed on the Owner Properties will be maintained in substantial accordance with the standards described on Exhibit I hereto. D. Density of the Project: Individual lots shall be allowed site coverage (as defined in Article 3 of the UDO) of up to seventy percent (70%). The Floor Area Ratio (as defined in the UDO) shall not exceed seventy-five percent (75%) for any individual lot containing a single-story building. Any future development of the Owner Properties contemplating greater density or site coverage shall require an amendment of this Agreement and the PD-I / PD-C zoning on terms and conditions mutually acceptable to the Parties. E. City Right of Entry Under CCR’s: The rights of the City to enter portions of the Owner Properties under Section 4.13 or Section 7.4 of the CCR’s, including without limitation, those provisions that permit the City to enter such areas and perform maintenance thereon, will not be amended without the City’s prior written consent. F. Special Service Area: Owner acknowledges that a portion of the Owner Properties are currently subject to Park 88 Special Service Area (City of DeKalb SSA No. 8 as described by Ordinance 04-78 recorded October 6, 2004 as Document No. 2004020709). Owner and its respective successors, assignees and grantees, shall not object to and agree to cooperate with the City in establishing a special service area (“SSA”) for areas of the Owner Properties which are not currently subject to an appropriate backup SSA. Such an SSA will provide the City with a source of revenue for maintaining, repairing, reconstructing or replacing the storm water drainage system, detention and retention areas, common areas, special management areas or other improvements  Page 7 of 30 located on the Owner Properties, should the Owners Association fail to perform its responsibility in accordance with City Codes, other applicable requirements of law, or pursuant to the CCR’s. Owner and Owner’s successors or assigns, in interest or otherwise, agree to and do hereby waive any and all protests, objections and/or rights to petition for disconnection regarding any such SSA. The SSA is for the exclusive purpose of creating a revenue source for the City for said maintenance, and is not intended and shall not be construed to create an obligation of the City to provide such maintenance. The City agrees that it will only levy against said SSA in the instance that, after notice and opportunity to correct, the Owners Association has failed to fulfill the obligations stated herein in accordance with the terms of the CCR’s. G. Excavation and Grading 1. At-Risk Work: Owner shall have the right, prior to obtaining approval of final engineering drawings and prior to approval of a Final Development Plan of any phase of the Owner Properties, to undertake excavation, preliminary grading work, filling and soil stockpiling on the Owner Properties in preparation for the development of the Owner Properties, upon reasonable approval of preliminary engineering, grading, soil erosion and sedimentation control plans by the Community Development Director, and the posting of security in form required by City codes and ordinances (collectively, “City Code”), in an amount not less than 120% of the engineer’s estimate of probable cost of such work. All permits related to IEPA NPDES Construction Activities will be procured prior to the start of any work. Such work shall be undertaken at Owner’s sole risk and without injury to the property of surrounding property owners. Authorization for at-risk work shall not constitute approval of the development proposed therein. 2. IEPA Violations: The Parties agree that, to the best of their knowledge, as of the date of this Agreement there are no pending IEPA investigations of or environmental contamination issues with the Owner Properties. Owner shall immediately notify the City of any future written notices of environmental contamination regarding any portion of the Owner Properties which are received by Owner from any governmental agency having jurisdiction over the Owner Properties prior to the issuance of a certificate of occupancy for that portion of the Owner Properties. 3. Truck Staging, Lane Closure: During any period of time after the issuance of permits for excavation, preliminary grading work, filling or soil stockpiling regarding any portion of the Owner Properties but before the issuance of a final certificate of occupancy for that portion of the Owner Properties (the “Construction Period”), (a) Owner shall provide adequate space on the Owner Properties at all times for staging of trucks on the property, and construction deliveries or pickups shall not be permitted to queue on any public street, and (b) Owner shall provide a designated on-site location for stockpiling of construction materials that permits trucks to load and unload entirely on the Owner Properties, without obstructing the flow of traffic on any public street or sidewalk. In the event that Owner’s construction plans require the temporary closure of any public street  Page 8 of 30 or sidewalk, prior to such closure, Owner shall submit a traffic control plan to the Community Development Director, shall modify such plan to be reasonably acceptable to the Community Development Director in accordance with the requirements of City Code, and shall thereafter abide by such plan in all material respects. Owner shall not engage in any truck staging or lane closure on public rights-of-way outside of the Construction Period without the City’s prior approval, not to be unreasonably withheld or conditioned. 4. Stockpiles: Owner will cause the existing stockpile of dirt and fill located on Lot 13 (as Lot 13 is identified on the Concept Plan attached hereto as Exhibit F) (“Lot 13”) to be removed within twelve (12) months after the date of execution and delivery of this Agreement by both Owner and the City. The location of any stockpiles of dirt, fill or other similar materials on the Owner Properties (other than the existing stockpile referred to above) will be determined during the site plan approval process for a particular project. The configuration and location of such stockpiles shall be required to be approved through City approval of preliminary or final engineering plans prior to their establishment, which approval shall not be unreasonably withheld or conditioned. Owner will provide security to the City in accordance with Section III.H to ensure removal of such stockpile in accordance with the requirements of this Section. All stockpiles shall be maintained with sedimentation control in accordance with applicable laws, and with weed control in accordance with City Code, while in place. All such stockpiles, other than stockpiles of clay reasonably necessary for future development of the Owner Properties, shall be removed from the Owner Properties within thirty-six (36) months after the issuance of a temporary certificate of occupancy for the project to which they relate. Stockpiles of clay reasonably necessary for future development of the Owner Properties may remain beyond such thirty-six (36) month period, subject to the maintenance requirements of this section. 5. Construction Trailers; Marketing Trailers, Advertising Trailers: Prior to locating any construction or marketing trailer on-site, Owner shall provide the City with a plan showing the location of any proposed construction or marketing trailer and any utility connections for said trailer. No construction or marketing trailer shall be located on the Owner Properties prior to approval of a plan showing the proposed location, access route, utility services and parking facilities for the proposed trailers by the Community Development Director (such approval not to be unreasonably conditioned or withheld), nor prior to obtaining any required permits for the trailer or utility services for said trailer. Nothing in this Agreement will prohibit Owner from maintaining one marketing trailer served by power at the Owner Properties at a location designated by Owner and approved by the City (which approval will not be unreasonably conditioned or withheld). Owner will provide security to the City in accordance with Section III.H to ensure removal of any construction or marketing trailers and their related improvements in accordance with the requirements of this Section. The existing marketing trailer on Lot 20 will be relocated to another site on the Owner Properties prior to the issuance of a temporary certificate of occupancy of a building on Lot 20. The existing  Page 9 of 30 advertising trailer located on Lot 20 will be removed prior to the issuance of a temporary certificate of occupancy of a building on Lot 20 and will not be replaced. All marketing trailers on the Owner Properties shall be removed within three (3) months of the date of issuance of a building permit for the last developable lot in the Owner Properties. All construction trailers on the Owner Properties shall be removed within three (3) months of the date of issuance of a final certificate of occupancy for the lot to which they relate. H. Security for Public Improvements Security to be provided by Owner for the completion of the public improvements benefitting the Owner Properties or related public off-site improvements benefitting the Owner Properties, including but not limited to the curbing, striping, utility connections, drainage improvements and related improvements within the public right of way shall be provided prior to the commencement of construction and shall be in accordance with the terms of this Agreement and applicable City ordinances, as modified by this Agreement. Owner shall provide such security to the City in the form of cash, irrevocable letters of credit or performance bonds (“Completion Guaranty”). Bonds and letters of credit shall be in a form reasonably acceptable to the City Attorney and be issued by an entity reasonably acceptable to the City Manager from a bank or financial institution located in the United States of America. Any bonds required under City Code or this Agreement shall be from a company licensed to do business in the State of Illinois. Any letters of credit required under City Code or this Agreement shall be from a financial institution reasonably acceptable to the City Manager, and Owner shall provide such information or documentation as to the status of the proposed financial institution as the City Manager shall reasonably require, to demonstrate its creditworthiness and stability. The amount of a Completion Guaranty posted with the City shall at all times equal one hundred twenty percent (120%) of the cost of completing required public improvements. The City Council shall authorize the reduction of such Completion Guaranty from time to time, but no more than once every one hundred and eighty (180) days, as related offsite work or public improvements within the Owner Properties are completed and reasonably approved by the Community Development Director and prior to their acceptance of such improvements by the City. Owner will also be required to provide a Completion Guaranty to the City in accordance with this paragraph, to secure Owner’s obligation to remove stockpiles of dirt, fill or other similar materials under Section III.G.4 and removal of trailers under Section III.G.5 above. In the event that Owner determines to undertake at-risk work in accordance with the terms of this Agreement, Owner shall provide Security in accordance with the requirements of this Section prior to initiating such work. Where any obligation of this Agreement contemplates the provision of security for a multi-year period (e.g. trailer security under Section III.G.5 above), Owner shall provide security with a minimum term equal to or longer than the applicable period being secured, and shall maintain such security with a term extending to or beyond the applicable period, 1. Acceptance of Public Improvements and Maintenance Bond for Public Improvements: Upon completion of public improvements and acceptance by the City, Owner shall provide a signed bill of sale for any items of personal property to be transferred to the City, and shall execute all documentation reasonably required to denote acceptance and transfer of ownership, warranties, and similar interests.  Page 10 of 30 Prior to the acceptance of the streets by the City, the streets shall be in a condition acceptable to the City in accordance with the requirements of the UDO and completed with the final lift of asphalt and any other required final improvements, and all punchlist items previously identified by the City shall be satisfied. Upon acceptance of any public improvement by the City in accordance with this Agreement, Owner shall be entitled to a corresponding release or reduction of any Completion Guaranty. For a 12 month period following acceptance of any public improvement, Owner shall guarantee the workmanship of any public improvements constructed, and shall be responsible for the performance of any repairs or remediation required on such public improvements, as reasonably determined by the Community Development Director, to return them to a condition in which they would be appropriate for initial acceptance by the City, including the repair of any ordinary wear and tear on the aforesaid improvements or the repair of any broken or damaged improvements. To secure the performance of this obligation, Owner shall provide a maintenance bond which shall remain in place for a 12 month period from date of acceptance by the City. Said maintenance bond shall be equivalent to five percent (5%) of the value of the improvement constructed, and shall be in the form of a cash escrow, letter of credit, bond or other security acceptable in form and content to the City. Owner shall also be responsible for the repair of damage to any public improvement caused through the intentional or negligent conduct of Owner, its contractors, subcontractors, agents, successors and assignees, and for the repair of any design or construction defect in any public improvement that is identified prior to or during the 12 month maintenance period (e.g. sagging sewer, sinkhole in roadway, etc.). I. Plan Review and Construction Supervision: Owner shall establish an escrow account with the City pursuant to a professional fee reimbursement agreement substantially in the form attached hereto as Exhibit E, and shall be responsible for the payment of all reasonable third party planning and civil engineering fees incurred by the City with respect to the plan review, inspection or construction observation associated with the Property. Owner shall maintain a minimum balance in said escrow account of not less than Ten Thousand Dollars ($10,000) until all initial development on the Owner Properties is completed. J. Plat and Plan Approval: Any development on the Owner Properties shall be subject to this Agreement, including, without limitation, the Development Standards attached hereto and applicable City Code. In the event of a conflict between the Development Standards, this Agreement, and City Code, this Agreement shall prevail over the Development Standards and the City Code, and the Development Standards shall prevail over City Code. The City reserves review and approval of all preliminary and final plats, stormwater and engineering plans, landscaping plans, proposed architectural designs, elevations, renderings or plans, mass grading plans, and all related development or design plans which the City shall seek review and approval of during the time of development, proposal of concept plans, preliminary or final plat review, building permit application, or any other aspect of site development, which approval shall not be unreasonably conditioned or withheld provided that the submittal is in compliance with this Agreement and applicable provisions of the City Code.  Page 11 of 30 1. Review Process for Development: The City agrees that it shall take all reasonable steps possible to ensure that any areas of the Owner Properties undergo a streamlined review process. In order to ensure such streamlined review process, Owner agrees that it shall comply with the professional fee reimbursement obligation described in subsection (I) above. a. Concept Plans / Staff Review Only: The City hereby approves the Concept Plan attached hereto as Exhibit F (“Concept Plan”) as a conceptual site development plan with the understanding and agreement that, notwithstanding anything in this Agreement to the contrary, so long as Owner submits preliminary and final plans and plats in general conformance with the Concept Plan, such plans and plats shall be approved by the City in the ordinary course of the development plan review procedure; provided, however, it is understood that Owner may in the course of development of the Owner Properties make changes to the Concept Plan at its own risk including, without limitation, changes in lot configuration and size, buildings and signs, and provisions for certain amenities so long as such changes do not conflict with a specific provision contained elsewhere in this Agreement or affect the essential character of the proposed development. Owner may submit changes to the Concept Plan for review and consideration by City Staff. Such review shall be performed at Owner’s request and shall be utilized to provide preliminary review comments regarding conformity with the Development Standards. However, any final staff comments shall be reserved pending the submission of Preliminary Plans or Final Plans that are submitted for formal approval. No Owner initiated changes to the Concept Plan shall be deemed approved by the City until the Preliminary Plans or Final Plans relating to the area in question have been approved by the City. b. Preliminary Plans: Owner may submit Preliminary Plans for approval. Preliminary Plans shall be subject to a staff review and following such review and completion of requested revisions, shall be forwarded to the Planning and Zoning Commission for review and recommendation. Such Planning and Zoning Commission review and recommendation shall be completed at a public meeting, but shall not require the conduct of a public hearing. Following the issuance of a written recommendation by the Planning and Zoning Commission, the preliminary plans and the recommendation shall be forwarded to the City Council for review and approval, rejection, or conditional approval subject to the impositions of such conditions and restrictions as the City Council shall determine to be appropriate. If Owner elects to submit Preliminary Plans, all reasonable comments and conditions imposed by the City Council in accordance with City Code shall be addressed prior to the submittal of Final Plans. If Preliminary Plans are approved, the City shall approve any Final Plans that are submitted in conformance therewith. Preliminary Plans shall include, at minimum, the following documents: 1) An ALTA survey for the portion of the Owner Properties at issue; 2) A preliminary plat of subdivision; 3) Preliminary engineering plans (including lighting and photometric  Page 12 of 30 plans, topographical survey, proposed grading, and details of any proposed public improvements, water mains/services, sewer mains/services, and stormwater conveyance or detention improvements); 4) A site plan, fully dimensionalized, inclusive of setbacks and improvements; 5) Preliminary landscaping plans, including on-site and adjoining right-of-way landscaping as required by the Development Standards; 6) Conceptual building elevations; 7) To the extend required under Section IV.B.3, an updated traffic study addressing such portion of the Owner Properties as is proposed to be developed; 8) Any off-site drainage, utility or traffic improvements necessary to facilitate the proposed development; 9) Any other documents required under the UDO or other applicable laws, ordinances or regulations (e.g. FAA regulations, IDNR regulations, etc.); and 10) Such other documents as shall be reasonably requested by the Community Development Director. c. Final Plans: Owner may submit Final Plans following the review of Concept and/or Preliminary Plans (in which case the Final Plans shall reflect modifications consistent with all comments, conditions and approvals previously provided), or may elect to submit Final Plans without having previously submitted Preliminary Plans, in the event that expedited review and approval is necessary. In either case, Final Plans shall be reviewed utilizing the same mechanism as Preliminary Plans (i.e. staff review, Planning and Zoning Commission recommendation at a public meeting, and City Council approval, conditional approval or rejection). In the event that any Final Plan is approved subject to any condition requiring revision, Owner shall submit revised Final Plans as required. The Community Development Director is thereafter authorized to review and to approve the revised Final Plans, if revised in conformity with the applicable requirements or conditions. In the event that the Community Development Director does not conclude that the Final Plans have been revised as required, the Community Development Director shall reject such plans. If Owner wishes to proceed with development of the rejected Final Plans at such time, Owner shall resubmit the Final Plans and they shall be subject to a new review process and for approval or rejection by the City Council. All final plats shall have signature blocks included in form and content reasonably acceptable to the Community Development Director. Once approved, Final Plans shall be valid for a period of thirty-six (36) months. In the event that Owner fails to develop the subject lots within that period, Final Plans shall be re-submitted for review and approval prior to construction. d. Site Plans: In the case of any portion of the Owner Properties that has a  Page 13 of 30 previously approved Final Plan that Owner intends to build in compliance with, and which is served by existing public and private utilities including water, sewer, storm sewer, stormwater detention and similar facilities, Owner may submit a Site Plan for review and approval. In the event that staff review of the Site Plan concludes that the Site Plan meets all applicable standards and is in accordance with a previously approved Final Plan, the Site Plan may be approved at the staff level without requirement of consideration by the Planning and Zoning Commission or City Council. e. Buildings on Platted Lot: One or more principal buildings may be placed upon any platted lot without any requirement of subdivision or resubdivision; provided that the entire affected platted lot is owned by the same owner or owners. Separation and conveyance of one building on such a platted lot to a separate owner is allowed only if authorized by the City as part of a lawful subdivision process after confirming that the separate lots conform individually to City Codes and the terms of this Agreement, and provide for adequate cross-access easements and common area maintenance. 2. Overlay Zoning District: The Parties acknowledge that the entirety of the Owner Properties shall have overlay zoning as contemplated above, and thus that configuration or reconfiguration of portions or the entirety of the Owner Properties with varying uses which are permissible under this Agreement shall not require a rezoning. Accordingly, following the initial rezoning of the Owner Properties, use of the Owner Properties in accordance with this Agreement and the overlay PD-C / PD-I zoning imposed hereunder shall not require a public hearing or the other statutory processes associated with a rezoning. Notwithstanding the foregoing, the provisions of this Agreement relating to commercial uses being required on the Lincoln Highway Frontage shall remain in full force and effect. 3. Phasing of Development: The Owner Properties may be developed in one or more phases. Such phases shall be configured in such a manner that each such phase shall be served by all utilities, including adequate service capacity and looping within that particular phase (and contained solely within the Property). Owner shall provide not less than one point of access, comprised of a full access point to a public road, for each phase, unless waived by the City. To the extent that roadway and utility improvements may be developed or installed in phases, the City shall inspect and accept the same on a phase by phase basis provided that such improvements are sufficient to service the phase developed on a stand alone basis, as reasonably determined by the Community Development Director. Each phase shall be required to adhere to all applicable provisions of this Agreement. K. Rezoning of Property: The Parties agree that, for the term of this Agreement, the Owner Properties shall not be rezoned to any zoning other than that imposed under this Agreement without the approval of the City and Owner, with such rezoning requiring consent from the City in the sole and absolute discretion of the City and the agreement of Owner to an amendment of this Agreement on terms and conditions acceptable to Owner, and further agree that the approvals described in this Agreement are based upon Owner and Owner’s agreement with the zoning imposed under this  Page 14 of 30 Agreement; any amendment of said zoning shall require an amendment to this Agreement, on terms and conditions acceptable to the Parties. L. Building Permits: The City shall issue building permits for which Owner applies within twenty-one (21) days of the City’s receipt of the last of the documents required by the UDO, this Agreement (such as final plat and plan approval) or the City Code to support such application. If the application is denied, the City shall provide the applicant with a written statement specifying the reasons for denial of the application and a list of additional materials and information required to obtain approval, including specifications of the requirements of law which the application or supporting documents fail to meet. An applicant may apply for building permits for portions of the Owner Properties prior to the availability of storm sewer and sanitary sewer service to such portion of the Owner Properties, provided that applicant installs those minimum life safety improvements as identified and required by the City. Notwithstanding the foregoing, no temporary occupancy permits shall be issued for such portions of the Owner Properties until the availability and connection of such utilities is demonstrated to the reasonable satisfaction of the City. Notwithstanding anything in this Agreement to the contrary, the City agrees to issue necessary permits to the applicant, upon application by the applicant, prior to applicant’s submission of plans for any entire building to allow (i) grading or the installation of drainage and utility facilities on the Owner Properties, provided that the applicant submits a mass grading plan which complies with applicable City Code, and (ii) construction of building foundations, provided the applicant submits exterior enclosure drawings and foundation drawings which comply with applicable City Code; provided, however, that the issuance of any such permits shall not authorize nor be construed to authorize or to permit the construction of any portion of a building or an improvement, the plans for which have not been reviewed and approved by the City and all such construction shall be at Owner’s sole risk, it being acknowledged that until approval by the City, the plans for the entire building (inclusive of work that was previously permitted and/or installed) may require revision. ARTICLE IV INFRASTRUCTURE A. Water Mains and Potable Water Supply 1. City Water Supply: The City shall assist Owner in obtaining all required permission to have access to any City water mains, at Owner’s sole expense. Provided that there remains adequate pressure and flow at the time of proposed connection, Owner shall have the right to connect to and use such system and mains upon payment of those capital, tap-on and user fees required by the then-current City ordinance or resolution. Tap-on / connection and capital fees shall otherwise be due on a unit by unit basis at the time of building permit application in accordance with the requirements established by then-current City Code. Said fees may be changed by the City from time to time in the City’s sole and absolute discretion, and Owner agrees to pay the amount as required by the City at the time such payment is due as long as such amount is payable by similarly situated owners generally and is not being applied on a discriminatory basis. Owner has verified that there is current volume and pressure available in the water mains to service the  Page 15 of 30 Owner Properties, as of the date of this Agreement, for the potable water and fire suppression needs of the Owner Properties. Owner shall be responsible for constructing all on-site and off-site improvements necessary to connect to the Owner Properties and any development on the Owner Properties to the presently existing water mains and potable water supply of the City, in the fashion and orientation contemplated by the then-approved Final Plans. Owner shall be exclusively responsible for the payment of all costs, expenses and charges associated with the design, construction and permitting of such improvements, including but not limited to any security required under this Agreement or applicable law, any permits required by the City, the Illinois Environmental Protection Agency, the Illinois Department of Transportation, or any other agency having jurisdiction. B. Streets, Access and Public Rights of Way 1. ROW Dedications: Relative to the Owner Properties, all right-of-way dedications shall be made at the time of Final Plat and shall conform to the widths, dimensions and amounts as approved in the Final Plans. The roadway specifications for the Owner Properties shall be in accordance with the Development Standards or, if not identified therein, in accordance with the requirements of the UDO and the approvals of the City Council. 2. Road Improvements: Owner shall be responsible for the construction of all on- site public and private road improvements reflected on any approved Final Plans, and for the construction of those off-site public road improvements reflected on any approved Final Plans. 3. Traffic Controls: a. New Traffic Study. To the extent that proposed development of the Owner Properties is consistent with the underlying assumptions of that certain traffic study commissioned by the City through Kimley-Horn and Associates, Inc. to evaluate traffic operation along Peace Road and dated June 14, 2016, which traffic study is the subject of an independent review by Sam Schwartz Consulting, L.L.C. dated June 16, 2016 (“Existing Traffic Study”), no new traffic study or further update of the Existing Traffic Study will be required. To the extent that proposed development of the Owner Properties exceeds or is materially different from the underlying assumptions of the Existing Traffic Study or contemplates an additional access point to Peace Road at the Peace Road Intersection (defined below) for the benefit of that development, then as a component of such new plan submittals, Owner shall submit a traffic study to the City (which may be an update of the Existing Traffic Study) for review in form and content reasonably acceptable to the Community Development Director, or alternatively request that City prepare such a study at Owner’s cost. Where said study (or the City’s reasonable review of the same) determines that the proposed development of the Owner Properties will warrant traffic control devices or signalization, a traffic control and signalization  Page 16 of 30 plan, potentially including plans for off-site traffic control devices and stoplights on perimeter roads adjacent to the Property (including but not limited to Peace Road adjacent to the COMED ROW), shall be submitted for review and approval by the Community Development Director prior to final plat approval, and Owner shall be responsible for installing all such improvements pursuant to the schedule indicated in the plan. Under those circumstances, Owner will be entitled to recapture from other properties benefitting from those traffic improvements. 4. Bike Path Contribution: Owner shall, within ninety (90) days of the date of approval of this Agreement, make a one-time contribution of $120,000, which funding may be utilized by the City towards the costs of constructing a public bike path to service the Property and surrounding development. 5. Internal Roadways: All concept, preliminary and final plans shall comply with the following requirements. a. Access to Fairview Road: Owner shall be only granted one additional access point to Fairview Road, to be located at the lot line between existing Lots 12 and 13. Said access point shall be restricted to use as an emergency access point only, and shall be controlled with a gate and fence in configuration reasonably acceptable to the Community Development Director, with the City’s Police and Fire Department having use of said access point. This access point shall be controlled by an emergency access system reasonably acceptable to the Community Development Director. b. Internal Roads: The Parties acknowledge that Owner shall not be required to construct “Hartman Road” or any other previously contemplated internal roads identified in various previous concept plans regarding both the Owner Properties and the Property generally and that the City will not require such construction of “Hartman Road” or any other such contemplated internal roads under the Original Agreement, including, without limitation, a North/South internal road extending from Macom Drive to Industrial Drive or an internal East/West road (“East/West Road”) commencing at Peace Road (aligning with the currently proposed signalized intersection entrance into the development on the Easterly side of Peace Road commonly referred to as DeKalb Commons (“Peace Road Intersection”)) and terminating at the westerly edge of the Property, at the boundary line with that certain parcel of property identified in the Original Agreement as the Algus Retained Property. c. Dedication of Additional Rights-of-Way: Owner shall, at the time of approval of any preliminary or final plat for Lot 20, dedicate to the City rights of way in final configuration, form and content reasonably acceptable to the City but substantially similar to those depicted on the plan attached hereto as Exhibit K as the “Industrial Drive Cul-de-Sac,” the “Industrial Drive Southern Extension” and the “Algus Extension,” respectively.  Page 17 of 30 6. Signalized Intersection: To the extent a traffic study reasonably acceptable to the City and Owner demonstrates that minimum warrants therefor are met under the provisions of the then-current Manual on Uniform Traffic Control Devices, a signalized intersection will be constructed at the Peace Road Intersection. To the extent so recommended, the developer of the first to develop of the Peace Road Lots (by Owner) or the DeKalb Commons property (by that owner) shall construct that signalized intersection at the time of improvement of said property (prior to the issuance of final certificates of occupancy for any portion thereof adjacent to the proposed location of the signal (or in the case of the Owner Properties, adjacent to the COMED ROW adjacent thereto)). Said intersection shall be constructed and signalized concurrently with the first to occur of the construction of the East/West Road or the approval of a final plan for the Peace Road Lots if not previously constructed. In the event that a final plan is approved for the Peace Road Lots that does not include a requirement for the East/West Road, then the signalized intersection shall be utilized to provide primary access to the Peace Road Lots. In the event that the owner of the DeKalb Commons property constructs said signalized intersection, Owner agrees that it shall be responsible for the payment of recapture in an amount equal to fifty percent (50%) of the costs of designing and constructing said intersection and signalization, and agrees to dedicate and donate any right of way required for said intersection at no cost. Such recapture cost shall be payable at the time of final platting of the Peace Road Lots and will only be applicable to the owner of the Peace Road Lots at that time. In the event that Owner constructs said signalized intersection, the owner of the DeKalb Commons property shall be responsible for the payment of recapture in an amount equal to fifty percent (50%) of the costs of designing and constructing said intersection and signalization, and will be required to dedicate and donate any right of way required for said intersection at no cost. Such recapture cost shall be payable at the time of final platting of the DeKalb Commons property. Internal roadways constructed on Owner Properties may, in Owner’s discretion, be either private roadways that are privately maintained by Owner or the Property Owners Association, inclusive of all maintenance, snow removal, deicing or other activities, or public roadways. C. Storm Water Retention, Facilities and Improvements 1. Owner Responsibility: Except as provided in Article IV(C)(2) below, Owner shall provide all necessary storm sewers, overland flow routes, detention systems and compensatory storage for the Owner Properties in compliance with the UDO, the existing flood plain ordinance of the City and all other applicable laws and regulations, as modified or amended pursuant to the terms of this Agreement. In determining whether any parcel within the Owner Properties satisfies zoning standards, any part thereof within a detention or retention system may be included as part of the area of said parcel. In the event Owner elects to construct a combined detention or retention system which serves all or a portion of the parcels that comprise the Owner Properties, the land area dedicated to the retention or detention system for a specific parcel shall be included in the land area of the parcel for calculations of zoning standards with regard to maximum site coverage. Owner  Page 18 of 30 shall, at the time of development of any lot within the Owner Properties, encumber with an easement of record any portion of the land area within that lot dedicated to storm water retention or detention for the benefit of any property other than the lot in question. 2. Existing Storm Water Retention, Facilities and Drainage Improvements: Owner and Owner’s predecessors in interest have previously constructed certain existing storm water facilities on the Property in accordance with the terms of a storm water management plan attached hereto as Exhibit G (“Existing Storm Water Plan”), which Existing Storm Water Plan has been approved by the City. Requirements for the construction of future detention or storm water facilities shall be based upon the new needs for storm water detention based upon the impervious surface area generated by any proposed future development of the Owner Properties. In the event of any future modification of the City’s storm water retention and detention codes, any development proposed to occur on the Owner Properties after the effective date of such modification shall comply with the standards outlined therein (but all development completed prior to that date shall comply with the City’s regulations applicable at the time of development). All new development of the Owner Properties shall require new detention facilities and compensable storage other than Lots 2, 3, 5, 8, 10 and 13 (as identified on the Concept Plan, it being acknowledged that Lots 2, 3, 5, 8, 10, 13 and portions of Lot 20 have been provided detention within the Existing Storm Water Plan. 3. Future Detention Basins: Owner shall comply with the following conditions for any future detention basins: a. Lincoln Highway Setback: In the event that the Lincoln Highway Frontage develops with commercial use pursuant to Article III(B)(1)(b) above, no detention basin shall be constructed within four hundred (400) feet of the southerly right of way line of Lincoln Highway. In the event that the Lincoln Highway Frontage is developed as part of the development of all or a portion of Lot 20, as contemplated in Article III(B)(1)(a), the provisions of that section shall govern with regard to the installation of detention, signage and screening. All detention setbacks shall comply with Public Act 86-616. b. Runway Protection Zone: Any detention basin constructed on the Owner Properties within an officially recognized Runway Protection Zone or other similar regulatory area shall include such modifications and improvements as shall be required to comply with then-applicable regulations in a manner reasonably acceptable to the Community Development Director. All storm water basins within such Runway Protection Zones shall comply with FAA Advisory Circular 150- 5200-33B (or the then-current and applicable requirements). Said requirements shall also apply to the existing detention basin located the northwestern corner of Peace Road and Fairview Drive (“Lot 13 Pond”). Owner will either remove the Lot 13 Pond or will modify the Lot 13 Pond to comply with applicable requirements described above within thirty-six (36) months after the date of execution and  Page 19 of 30 delivery of this Agreement by both Owner and the City. c. Future “North” Detention Basin: Owner agrees and acknowledges that there is a present drainage/detention issue on adjacent properties. As a condition of development of the Owner Properties, Owner agrees that it shall provide an oversized northerly detention basin, generally contemplated to be north of the existing Target development, in form and configuration reasonably acceptable to the Community Development Director, to accommodate a release rate of 0.03 CFS/acre, which is lower than the maximum permitted under the then-current storm water ordinance. Such basin shall be oversized in an effort to accommodate existing offsite and onsite stormwater flows and to address a present (and contemplated future) stormwater concern to Owner’s reasonable ability. d. Regional Storm Water Drainage: Owner shall provide all necessary storm sewers, detention systems, and compensatory storage to develop the Owner Properties in compliance with the applicable provisions of the UDO and all other applicable laws and regulations; provided, however, that said sewers and storage facilities may be provided as a phase or part of the regional storm drainage system as the various portions of the region are developed and provided that, at the time a parcel within the Owner Properties is developed, the portion of the storm water drainage and detention system serving that parcel has sufficient capacity (or is expanded to provide such sufficient capacity) to accommodate storm water discharge from that parcel into that system in accordance with the standards outlined above. D. Sanitary Sewers 1. Sanitary Sewer Service: The City shall cooperate with Owner and execute all applications, permit requests and other documents required to obtain sanitary sewage treatment service from the Kishwaukee Water Reclamation District in order to allow Owner’s connection to the existing and future sanitary sewer lines installed on the interior and exterior of the Property. Owner shall pay to the requisite governmental entity its respective shares of all permits, inspection and tap on fees that are required at the time of connection to such sanitary sewer system. The City shall cooperate with Owner in obtaining all necessary easements and shall grant Owner access to all City owned rights of way to enable Owner to access the sanitary sewer service for the Owner Properties, in accordance with the approved Final Plans. 2. Owner Responsibility: It shall be Owner’s responsibility to contact the Kishwaukee Water Reclamation District to ascertain the status of and make the appropriate contributions toward any existing recapture agreements pertaining to sanitary sewer lines, lift stations or other sanitary system infrastructure, or contributions, accommodations, or agreements regarding the oversizing of sanitary sewer lines or other sanitary system improvements required by the Kishwaukee Water Reclamation District. Owner acknowledges that the City shall have no  Page 20 of 30 responsibility or liability for any recapture related to sanitary sewers. No separate sanitary sewer fees are due to the City, except for standard building permits, connection and inspection fees, and any fees collected by the City on behalf of the Kishwaukee Water Reclamation District payable City-wide as a condition to connection to and the use of the system by all properties. ARTICLE V INTENTIONALLY DELETED ARTICLE VI NEW BUILDINGS No new buildings or structures shall be erected on the Property, except in compliance with all applicable provisions of this Agreement. ARTICLE VII FEES A. Fees: Owner shall pay all fees, in the amount and at the time as required by any applicable City Ordinance. B. Peace Road Contribution: The Parties acknowledge that Owner has benefitted substantially from the construction, improvement and maintenance of Peace Road, which road provides the Owner Properties with their primary access to both Lincoln Highway and the I-88 tollway. Owner agrees to contribute to the future improvement of Peace Road as follows: 1. I-88 to IL Route 38 (Lincoln Highway): Owner acknowledges that the City has presently programmed that portion of Peace Road from I-88 to Illinois Route 38 (Lincoln Highway) for improvement, and it is presently included within a federal and state grant program that results in the provision of eighty percent (80%) of the costs of designing and constructing improvements from grant funding, with a twenty percent (20%) local funding obligation. Owner shall be responsible for the payment of Seven Hundred Fifty Thousand and No/100ths Dollars ($750,000.00) as Owner’s portion of any local share of the cost of designing and constructing this portion of Peace Roadway, to be paid to the City in accordance with Section VII(B)(3) below. 2. Macom Drive: The cost of maintaining Macom Drive (which is owned by the City) will be the exclusive responsibility of the City. In calendar year 2020, the City shall perform crack-filling and other necessary surface repairs to Macom Drive (as determined by the City in its sole discretion) at the City’s sole cost. 3. Payment of Obligation: Amounts payable to the City by Owner under Section VII(B)(1) above will be allocated pro rata (determined on a per acre basis) among subdivided lots within the Owner Properties and will be payable into escrow within sixty  Page 21 of 30 (60) days after delivery of written notice to Owner that bids for the programmed improvements to Peace Road from I-88 to Illinois Route 38 have been awarded. That escrow may be with the Chicago, loop office of a nationally recognized title company or with the City pursuant to a form of escrow agreement agreeable to the Parties. 4. Grants Toward Obligation: The Parties agree that Owner may satisfy all or some portion of its obligation towards the above-referenced costs through the identification and provision of other forms of grant funding to satisfy the local match requirement. In the event that the Parties successfully obtain additional grants that can be utilized to satisfy the local match, and said grants are based upon the development or other activities within the Property, such grants shall be applied as a credit against Owner’s obligation, on a prorata basis, up to the full amount of such obligation. If the Parties are able to secure additional grants to cover the full twenty percent (20%) local share based upon the development or activities occurring on the Property, Owner would not be required to make a further contribution towards project costs. C. Other Grants: The Parties shall reasonably cooperate with each other in seeking available financial assistance from available grant programs that may benefit the Owner Properties or which may provide for the funding or construction of public improvements that benefit the Owner Properties. During the Construction Period regarding a particular development site at the Owner Properties, Owner will exercise reasonable efforts to secure the cooperation of prospective occupants of that site regarding available grant programs that may benefit the Owner Properties or which may provide for the funding or construction of public improvements that benefit the Owner Properties. ARTICLE VIII DEVELOPMENT RESTRICTIONS A. Stop Work Orders: The City may issue stop orders in accordance with City Code as necessary to insure development occurs as required by this Agreement and City Ordinances. Unless issued in case of emergency, said stop orders shall be preceded by reasonable notice (not less than three days) and opportunity to comply. B. Compliance with City Ordinances: The City and Owner agree that, except as specifically modified in this Agreement and as shown in applicable Final Plans, the Owner Properties shall be developed in compliance with all ordinances, codes and regulations of the City in effect at the time of development, including but not limited to the City Subdivision Control Ordinance. The Parties acknowledge that it is the ultimate responsibility of Owner to comply with any and all requirements of this Agreement and applicable City Codes. C. Engineering Review and Permits: All construction shall be in accordance with the Final Plans. Any issues not addressed by the Final Plans or any proposed changes to the Final Plans shall be required to comply with the City Codes and any comments which are included within the Final Plan approval. All such comments must be addressed prior to site development. All versions of the plat, including the final plat, shall be subject to the requirements of the Development  Page 22 of 30 Standards. All permits from the Illinois Environmental Protection Agency or any other agency with jurisdiction over the Property must be issued prior to work on water main, sanitary sewer or storm sewer improvements commences; the City will reasonably cooperate with Owner in signing such applications. D. Utility Extensions: The installation of the necessary and appropriate on-site electric, natural gas, cable, television, telephone facilities, future internet access facilities and other utilities (when available) to the Property shall be by underground installation and pursuant to the requirements of such utility companies or pursuant to the agreement of the City with such entities and at no cost to the City. Owner agrees to bury all overhead utility lines existing at the time of development that run within the Property at the time of development of the area in question. E. Traffic Enforcement: Owner will not unreasonably object to the City’s traffic law enforcement on private parking lots, roads and commercial areas of the Owner Properties in accordance with City Code. Owner and the City agree and acknowledge that said enforcement shall be limited to enforcement of accessible parking restrictions and fire lane parking zones. F. Site Control: Owner acknowledges that, depending on weather conditions, construction traffic entering and leaving a construction site creates debris, especially dirt, dust, and mud clots on streets and roadways adjacent to a construction site on the Owner Properties. Owner agrees that during the Construction Period it shall inspect and clean the streets and roadways adjacent to and within 1,000 feet of the entrance to Owner’s construction site on the Owner Properties of debris that came from the Owner Properties or in relation to the development thereof, and take reasonable measures to control dust as needed daily while construction is occurring on said site. Within the Owner Properties, Owner further agrees during the Construction Period to mow vegetation exceeding eight inches, pick up trash and debris and repair and replace soil erosion control fencing so as to comply with applicable ordinances of the City, all of which activities may be contracted to its development trades and contractors. During the Construction Period Owner shall also patch or repair damage to any roadway, path, driveway, sidewalk or other similar improvement within or adjoining the Owner Properties, prior to the conclusion of the maintenance period for any such improvement. As security for such obligations, and as a condition of the issuance of any filling or grading permits, Owner agrees to deposit with the City the sum of twenty thousand ($20,000.00) dollars (“Site Control Escrow”) prior to commencing any development work of any kind on the Owner Properties. In the event Owner, during the Construction Period, fails to clean, snow plow or de-ice the streets, mow weeds, pick-up debris or repair or replace soil erosion control fencing, or fails to patch or repair any street, path, roadway or sidewalk prior to the acceptance of such street, path, roadway or sidewalk as herein provided, within forty-eight (48) hours after receipt of notice from the City of Owner’s failure to comply with this provision, then the City may perform or contract with others to perform such undertaking and deduct the cost thereof from the Site Control Escrow. In the event that the City reasonably determines that the 48 hour waiting period presents an undue hazard to public welfare or safety, the City may take action without satisfying such waiting period. Owner shall, within 15 business days following written notice from the City, replenish the Site Control Escrow as funds are from time to time properly withdrawn there from by the City, so as to maintain the same at a twenty thousand ($20,000.00) dollar balance. All sums remaining on deposit with the City pursuant to this provision shall be credited against other fees or charges due from Owner upon conclusion of the last of the maintenance periods for public  Page 23 of 30 improvements within the Property, or completion of the development of all lots and units within the Owner Properties in accordance with the last Final Plat thereof, whichever shall be the last to occur. Any unused balance will be returned to Owner. G. Sidewalks: Concrete sidewalks, as required and specified by applicable City Codes and the terms of this Agreement, shall not be installed between November 15th and April 15th of any given year, unless otherwise permitted by the City Building Department or by ACI Code. If Owner constructs the East/West Road, Owner shall construct a public sidewalk as part of that improvement. In addition, to the extent the owner of the COMED ROW grants a recorded easement permitting the extension of the existing sidewalk at the east end of Macom Road to the Peace Road right-of-way, then Owner, at Owner’s expense, will cause the existing sidewalk at the east end of Macom Road to be extended over the COMED ROW to the Peace Road right-of-way in accordance with permits therefore issued by the City and in accordance with the terms of any such recorded easement. Other than the foregoing sidewalks, Owner will not be required to construct any public sidewalks in connection with the Owner Properties. Nothing in this paragraph affects Owner’s obligations under this Agreement to repair or replace any existing or future sidewalks damaged in connection with Owner’s construction activities on the Owner Properties. H. Building Codes: Subject to the terms of this Agreement, all development on the Owner Properties shall conform to the then-current and applicable City Codes. I. Certificates of Occupancy: The City shall issue certificates of occupancy to applicant in a timely fashion, or issue a letter of denial informing applicant specifically what corrections are necessary as a condition to the issuance of a certificate and quoting the section of any applicable code, ordinance or regulation relied upon by the City in its request for correction. The City shall grant individual certificates of occupancy for multi-tenant commercial or industrial buildings on a unit-by-unit or store-by-store basis in accordance with the then-current building code. Owner may request issuance of a Temporary Certificate of Occupancy (TCO) for a structure where the structure and site meet all applicable minimum building, safety and fire code requirements but where not all improvements related to the structure have been completed so as to justify issuance of a final certificate of occupancy. Temporary certificates of occupancy shall not be delayed in the event adverse weather conditions prevent construction of final surface courses on private drives, final landscaping, and final exterior facade improvements (provided that the building is weathertight and passes all applicable inspections for life-safety and occupancy concerns). If Owner seeks a TCO, Owner shall post with the City an irrevocable letter of credit or bond from a financial institution or surety reasonably acceptable to the City, in an amount not less than one hundred and twenty percent (120%) of the anticipated completion costs for any remaining improvements. A TCO shall have a maximum term of ninety (90) days for any interior issue and a maximum term of six (6) months for any exterior issue. Such terms may be extended by the City for up to three successive extensions of not more than thirty (30) days each. The Community Development Director shall be authorized to issue TCOs, to approve of letters of credit or bonds and cost completion estimates, to approve of TCO extensions, and to revoke or terminate a TCO; provided that Owner may appeal any such revocation or termination to the City Council.  Page 24 of 30 J. Utility Easement Encroachments: Owner and Developer will reasonably cooperate with each other in good faith to resolve any public utility encroachments (i.e., public utilities constructed by Owner outside of public utility easements) at the Owner Properties in a mutually agreeable fashion. ARTICLE IX MUTUAL ASSISTANCE A. Mutual Cooperation: The Parties shall do all things necessary or appropriate to carry out the terms and provisions of this Agreement; to aid and assist each other in carrying out the terms and objectives of this Agreement and the intentions of the Parties as reflected by said terms, including, without limitation, the giving of such notices, the holding of such public hearings, the enactment by the City of such resolutions and ordinances and the taking of such other actions as may be necessary to enable the Parties' compliance with the terms and provisions of this Agreement and as may be necessary to give effect to the terms and objectives of this Agreement. ARTICLE X REMEDIES A. Upon a breach of this Agreement, any of the Parties, in any court of competent jurisdiction, by an action or proceedings at law or in equity, may secure the specific performance of the covenants and agreements herein contained, may be awarded damages for failure of performance or both. No action taken by any party hereto pursuant to the provisions of this Article or pursuant to the provisions of any other Article of this Agreement shall be deemed to constitute an election of remedies and all remedies set forth in this Agreement shall be cumulative and nonexclusive of any other remedy either set forth herein or available to any party at law or in equity. B. In the event of a material breach of this Agreement, the Parties agree that the party alleged to be in breach shall have thirty (30) days after written notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein (provided, however, that said thirty (30) day period shall be extended if the defaulting party has initiated the cure of said default and is diligently proceeding to cure the same). C. If any of the Parties shall fail to perform any of its obligations hereunder, and the party affected by such default shall have given written notice of such default to the defaulting party, and such defaulting party shall have failed to cure such default within thirty (30) day of such default notice (provided, however, that said thirty (30) day period shall be extended if the defaulting party has initiated the cure of said default and is diligently proceeding to cure the same), then, in addition to any and all other remedies that may be available, either in law or equity, the party affected by such default shall have the right (but not the obligation) to take such action as in its reasonable discretion and judgment shall be necessary to cure such default. D. The failure of the Parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them, upon any other party  Page 25 of 30 imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. E. If the performance of any covenant to be performed hereunder by any Party is delayed as a result of circumstances which are beyond the reasonable control of such Party (which circumstances may include acts of God, war, acts of civil disobedience, weather, terrorist acts of a direct or indirect nature, material shortages, flooding, strikes or similar acts), the time for such performance shall be extended by the amount of time of such delay. ARTICLE XI TERM This Agreement shall be binding upon the Parties and their respective successors and assigns for forty (40) years, commencing as of the date hereof, and for such further terms as may hereinafter be authorized by statute and by City ordinance. In the event that a Court of competent jurisdiction determines that for any reason a term of forty years is unenforceable, then the preceding sentence of this Article XI shall be severed and stricken from this Agreement and this Agreement shall have a term of twenty (20) years commencing on the date hereof. The expiration of the Term of this Agreement shall not affect the continuing validity of the zoning of the Property or any ordinance enacted by the City pursuant to this Agreement. ARTICLE XII MISCELLANEOUS A. Amendment: This Agreement, and the exhibits attached hereto, may be amended only by mutual consent of the City and owner of an affected parcel, by adoption of an ordinance by the City approving said amendment as provided by law, and by the execution of said amendment by the City and that owner. Notwithstanding the foregoing, the City and Owner may agree to amend the provisions of this Agreement, during its term, without the approval or consent of the owners of individual commercial lots that have been sold during the term of this Agreement, provided that the amendment agreed to by the City and Owner does not create any new obligation or burden for the individual lot owner(s). Purchase of any parcel within the Owner Properties after the recording of this Agreement constitutes acceptance of the provisions of this Agreement, and waiver of the right to object to any amendment authorized under this Article XII(A). B. Severability: If any provision, covenant, agreement or portion of this Agreement or its application to any person, entity or property is held invalid, such invalidity shall not affect the application or validity of any other provisions, covenants, agreements and portions of this Agreement, and to that end, all provisions, covenants, agreements and portions of the Agreement are declared to be severable. If for any reason the zoning of the Owner Properties is ruled invalid, in whole or in part, the Corporate Authorities, as soon as possible, shall take such actions (including the holding of such public hearings and the adoption of such ordinances and resolutions) as may be necessary to give effect to the spirit and intent of this Agreement and the objectives of the Parties, as disclosed by this Agreement, provided that the foregoing shall be undertaken at the expense of Owner, as applicable.  Page 26 of 30 C. Entire Agreement: This Agreement sets forth all agreements, undertakings and covenants between and among the Parties regarding the Owner Properties. This Agreement supersedes all contrary ordinances, prior agreements, negotiations and understandings, written and oral, and is a full integration of the entire agreement of the Parties regarding the Owner Properties. In the event of any conflict between two or more components of this Agreement providing standards, guidelines or requirements for Owner to act upon in or around the Owner Properties, construction or related activities for the Owner Properties, if Owner and City are able to agree upon the applicable standard in a writing acceptable to both parties, said agreed upon standard may be utilized without an amendment to this Agreement. D. Successors and Assigns: This Agreement shall inure to the benefit of, and be binding upon, successors of Owner and its respective successors, grantees, lessees, and assigns, and upon successor corporate authorities of the City and successor municipalities, and shall constitute a covenant running with the land. This Agreement may be assigned without the City's approval, and, subject to the terms and conditions of this section, upon said assignment and acceptance by an assignee, the assignor shall have no further obligations hereunder. Notwithstanding the foregoing, no owner of a Developed Parcel (as defined below) shall have any liability under this Agreement for any “Obligation” (as defined below) except for Obligations relating solely to the use of that Developed Parcel or the construction or maintenance of improvements thereon, and, further, no breach of this Agreement by Owner or any other party will restrict, impair or otherwise affect any Developed Parcel or the owner thereof. For purposes hereof, a “Developed Parcel” means any subdivided parcel of the Owner Properties that has been developed with a building for which a certificate of occupancy has been issued by the City and for which all public improvements required by this Agreement to be completed prior to occupancy of that building have been so completed (such building, public improvements and the related parcel of land being referred to herein as a “Developed Parcel”). All portions of the Owner Properties, other than Developed Parcels, will be subject to and bound by all the terms of and obligations under this Agreement that govern or regulate the use and development of that specific parcel of undeveloped land and the construction of as yet unconstructed public improvements required under this Agreement in connection with the Owner Properties but will not be bound by obligations under this Agreement that only govern or regulate the use and development of other portions of the Owner Properties. Upon a conveyance of any portion of the Owner Properties, the party conveying such portion shall be released from any further obligations under this Agreement related to the Owner Properties conveyed that accrue after the date of that conveyance; provided, however, that, to the extent a bond, letter of credit or other security regarding the construction or maintenance of public improvements (“Improvement Guaranty”) has been delivered to the City in connection with the portion of the Owner Properties being conveyed, the current Owner will not be released from the obligations secured by that Improvement Guaranty until such time as the new owner has delivered a replacement Improvement Guaranty to the City. As used in this Agreement the term “Owner” will mean Park 88 Group, LLC, a Delaware limited  Page 27 of 30 liability company as the owner of the Owner Properties as of the date hereof and any person or entity who acquires fee title to any undeveloped portion of the Owner Properties from Owner. Upon satisfaction of the duties and obligations of Owner under this Agreement to pay recapture, if applicable, and to construct and maintain public and private improvements regarding a Developed Parcel (“Obligations”), the City shall, at the request of Owner, issue a certificate in recordable form confirming that the Obligations have been fully satisfied for purposes of this Agreement regarding that Developed Parcel, and the Parties agree that such Obligations shall be deemed to be fully satisfied regarding that Developed Parcel for all purposes of this Agreement thereafter. E. City Designees: Any reference to a specified City employee or official as contained herein shall be deemed to refer to the specified employee or official, or his or her designee, or in the absence of a specific reference, the City Manager or a designee thereof. F. Notices: Any notice required or permitted by the provisions of this Agreement shall be in writing and sent by certified mail, return receipt requested, or personally delivered, to the Parties at the following addresses, or at such other addresses as the Parties may, by notice, designate: City Clerk City of DeKalb 200 South 4th Street DeKalb, IL 60115 Telephone: 815-748-2095 With copies to: City Manager City of DeKalb 223 South Fourth Street, Suite A DeKalb, IL 60115 Telephone: 815-748-2090 City Attorney City of DeKalb 200 South 4th Street DeKalb, IL 60115 Telephone: 815-748-2093 If to Owner: Park 88 Group, LLC c/o Venture One Real Estate 9500 Bryn Mawr, Suite 340 Rosemont, IL 60018 With a copy to: Howard I. Goldblatt O'Rourke, Hogan, Fowler & Dwyer, LLC 10 S. LaSalle Street, Suite 3700 Chicago, IL 60603  Page 28 of 30 Notices shall be deemed given on the third (3rd) business day following deposit in the U.S. Mail, if given by certified mail as aforesaid, and upon receipt or refusal of delivery, if personally delivered or if delivered via overnight courier. G. Amendment to Orr Parcel Annexation Agreement: Except as modified or amended by this Agreement, the provisions, conditions and terms of the Orr Parcel Annexation Agreement will remain unchanged and in full force and effect. In the case of any inconsistency between any of the provisions of this Agreement and any of the provisions of the Orr Parcel Annexation Agreement, the provisions of this Agreement will govern and control. In particular, (1) Article III and Section XII.K of the Orr Parcel Annexation Agreement are each superseded by the terms of this Agreement and will be of no further force or effect, (2) the concept plan attached as Exhibit B to the Orr Parcel Annexation Agreement is superseded by the Concept Plan attached hereto as Exhibit F and will be of no further force or effect, and (3) Owner will not have any obligation to grant access or utility easements through applicable portions of any of the Owner Properties to serve the “Deegan Property” (as that term is used in the Orr Parcel Annexation Agreement). H. Obligations to Algus Retained Property: Nothing in this Agreement will modify or affect Owner’s obligations for the benefit of the Algus Retained Property under Section 14.09 of the Original Agreement. I. Time of Essence: Time is of the essence of this Agreement and of each and every provision hereof. J. Indemnification: Owner covenants and agrees to pay, at its expense, any and all damages, expenses, liabilities and losses resulting from this Agreement, the construction and development activities of Owner, or its agents, contractors and subcontractors regarding the development of the Owner Properties, and to defend and indemnify and save the City and its officers, elected and appointed agents, employees, engineers and attorneys (collectively, the “Indemnifieds”) harmless of, from and against such damages, expenses, liabilities and losses, except to the extent such damages, expenses, liabilities and losses arise by reason of the gross negligence or willful or wanton act or omission of the Indemnifieds. Owner shall provide satisfactory proof of insurance covering such defense and indemnity of the Indemnifieds. K. Written Assurance: Upon a written request from Owner or the owner of the lot within the Owner Properties, the City will execute and deliver a “Written Assurance” (defined below) to Owner, the owner of that lot or to a prospective purchaser or mortgage lender. A “Written Assurance” is a writing which states that, except as otherwise provided in that Written Assurance: (a) this Agreement has not been amended or modified in any manner not of record with the DeKalb County, Illinois Recorder; (b) to the best knowledge of the party executing and delivering the Written Assurance there are no defaults presently existing under this Agreement by the requesting party; (c) there are no amounts presently due and owing to the party executing and delivering the Written Assurance from the party requesting the Written Assurance under this Agreement; and (d) except as provided in the Written Assurance all duties and obligations of Owner under this Agreement have been satisfied with respect to that portion of the Owner Properties and no duties or obligations remain to be performed by the owner of that portion of the Owner Properties under this Agreement.  Page 29 of 30 L. Exhibits: The following Exhibits referred to herein and attached to this Agreement are hereby made a part of this Agreement: Exhibit A Legal Description of the Property Exhibit B-1 Legal Description of Owner Properties Exhibit B-2 Depiction of Owner Properties Exhibit C Development Standards Exhibit D Legal Description of Public Use Parcel Exhibit E Form of Professional Fee Reimbursement Agreement Exhibit F Approved Concept Plan Exhibit G Existing Storm Water Plan Exhibit H Intentionally Deleted Exhibit I Stormwater Detention Basin Maintenance Standards Exhibit J Supplemental Declaration of Protective Covenants for Park 88 Business Park Exhibit K Depiction of Proposed Internal Road Improvements Exhibit L Depiction of Portion of Owner Properties Currently Zoned SFR1 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written and, by so executing, each of the Parties warrants that it possesses full right and authority to enter into this Agreement. CITY: CITY OF DEKALB, an Illinois Municipal corporation By: Attest STATE OF ILLINOIS ) COUNTY OF DEKALB ) I, ________________________, a Notary Public in and for said County in the State aforesaid, DO HEREBY CERTIFY THAT __________________________, being the _____________ and ________________________ being the _____________ of the City of DeKalb, an Illinois home rule municipal corporation, personally known to me 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 own free and voluntary act, and as the free and voluntary act of said municipal corporation for the uses and purposes therein set forth. Given under my hand and notarial seal this ___ day of ___________________, 2019. . ____________________________________ Notary Public My Commission Expires:__________________ OWNER: PARK 88 GROUP, LLC, a Delaware limited liability company By: _______________________________ Its: ________________________________ STATE OF ILLINOIS ) COUNTY OF ________ ) I, ________________________, a Notary Public in and for said County in the State aforesaid, DO HEREBY CERTIFY THAT Mark Goode, being the Authorized Signatory of Park 88 Group, LLC, a Delaware limited liability company, personally known to me to be the same person whose name is subscribed to the foregoing instrument appeared before me this day in person and acknowledged that he/she signed and delivered the said instrument as his/her own free and voluntary act, and as the free and voluntary act of said company for the uses and purposes therein set forth. Given under my hand and notarial seal this ___ day of ___________________, 2019. ____________________________________ Notary Public My Commission Expires:__________________  Exhibit A Legal Description of Property  Exhibit B-1 Legal Description of Owner Properties  Exhibit B-2 Depiction of Owner Properties  Exhibit F Approved Concept Plan  Exhibit G Existing Storm Water Plan  Exhibit H Intentionally Deleted  Exhibit J Supplemental Declaration of Protective Covenants for Park 88 Business Park Document Prepared by and After Recorded Return to: O’Rourke, Hogan, Fowler & Dwyer, LLC 10 South LaSalle Street, Suite 3700 Chicago, Illinois 60603 Attention: Howard I. Goldblatt, Esq. ______________________________________________________________________________ (Space Above this Line for County Recorder’s Use Only) Supplemental Declaration of Protective Covenants for Park 88 Business Park This Supplemental Declaration of Protective Covenants for Park 88 Business Park (“Supplemental Declaration”) is dated as of ____________, 2019 and is made by Park 88 Group, LLC, a Delaware limited liability company (“Developer”). Recitals: A. Developer is the successor to DeKalb Associates, an Illinois general partnership as the “Developer” under that certain Declaration of Protective Covenants for Park 88 Business Park (“Original Declaration”) dated as of September 21, 2004 and recorded with the DeKalb County Recorder on September 24, 2004 as Document 2004019754. B. Section 1.2 of the Original Declaration gives Developer the right to add to the Property Additional Land that is contiguous or in reasonable proximity to the Property by recording a Supplemental Declaration of Protective Covenants for Park 88 Business Park which satisfies the requirements of that section. C. Developer is the record owner in fee simple of that certain parcel of real property legally described on Exhibit A hereto (“Additional Land”), which Additional Land is contiguous to or in reasonable proximity to the Property and Developer desires to make the Additional Land subject to the terms of the Original Declaration subject to and in accordance with the terms and provisions of this Supplemental Declaration. Now, therefore, in consideration of the foregoing Recitals (all of which are incorporated into and made a part of this Supplemental Declaration, as if fully set forth herein), Developer hereby covenants and agrees as follows: 1. Defined Terms. Terms that are capitalized but not otherwise defined in this Supplemental Declaration but are defined in the Original Declaration will have the same meaning herein as given to them in the Original Declaration.  2. Addition of Additional Land. Developer is the record owner in fee simple of the Additional Land. The Additional Land is contiguous to or in reasonable proximity to the Property. The Additional Land is hereby included in the “Property” and is hereby subjected to all of the terms, provisions and conditions of the Original Declaration as if it were included in the definition of “Property” thereunder and a legal description thereof were included on Exhibit A thereto. The term “Property” as used in the Original Declaration is hereby amended to include the Additional Land. 3. Amendments to the Original Declaration for Additional Land. Section 1.2 of the Original Declaration permits Developer to specify any of the Protective Covenants to which the Additional Land will not be subject and any of the Protective Covenants to which the Additional Land will be subject in modified form. Consequently, the Original Declaration is hereby modified as follows solely as it affects and encumbers the Additional Land: (a) Section 4.11 of the Original Declaration will not apply to the Additional Land. The Additional Property will be subject to that certain Amended and Restated Park 88 Development Agreement dated as of ____________, 2019 and recorded with the DeKalb County Recorder as Document No. _________________ (“Amended Development Agreement”). Each Owner of any portion of the Additional Land will comply with the Amended Development Agreement and no Owner of any portion of the Additional Land will agree to any amendment to or modification of the Amended Development Agreement without the Board’s express prior written consent. (b) Section 4.13 of the Original Declaration will not apply to the Additional Land. (c) Notwithstanding anything in Section 11.11 of the Original Declaration to the contrary, no modification of the terms of this Section 3 will be effective against any portion of the Additional Land without the consent of the Owner thereof. 4. Reaffirmation of Original Declaration. To the extent this Supplemental Declaration is deemed an amendment to the Original Declaration, the Original Declaration, as amended by this Supplemental Declaration, shall continue in full force and effect, subject to the terms and provisions thereof and hereof. [Signatures on Following Pages]  In Witness Whereof, Developer has caused this Supplemental Declaration to be executed and delivered as of the date first written above. “Developer” Park 88 Group, LLC, a Delaware limited liability company By: __________________________ Name: __________________________ Its: __________________________ Acknowledgement STATE OF _______________) ) ss COUNTY OF _____________) I, ________________________________, a notary public in and for said County, in the State of aforesaid, DO HEREBY CERTIFY THAT _________________ is personally known to me to be the ___________________ of Park 88 Group, LLC, a Delaware limited liability company; that the aforementioned person is personally known to me to be the same person whose name is subscribed to the foregoing instrument and appeared before me this day in person and severally acknowledged that as such ______________ he/she signed and delivered this Supplemental Declaration as his/her free and voluntary act, and as the authorized and free and voluntary act and deed of said company, for the uses and purposes therein set forth. Given, under my hand and notarial seal this ____ day of _________, 201__. ____________________________________ NOTARY PUBLIC My Commission Expires: ____________________ [SEAL]  Lender’s Consent to Supplemental Declaration of Protective Covenants for Park 88 Business Park ___________________________________________, a(n) _________________________ (“Lender”) is the holder of a mortgage lien on all or a portion of the Additional Land. Lender hereby consents to the terms and conditions of the foregoing Supplemental Declaration of Protective Covenants for Park 88 Business Park (“Supplemental Declaration”) and agrees that its interest in the Additional Land will be subject and subordinate to the Supplemental Declaration. Lender: ____________________________________ By: ______________________________ Name: ______________________________ Its: ______________________________ Acknowledgement STATE OF _______________) ) ss COUNTY OF ____________ ) I, ________________________________, a notary public in and for said County, in the State of aforesaid, DO HEREBY CERTIFY THAT _________________, personally known to me to be the ___________________ of _______________________________, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that he/she signed and delivered the said instrument on behalf of Lender, as his/her free and voluntary act, and as the authorized and free and voluntary act and deed of Lender, for the uses and purposes therein set forth. Given, under my hand and notarial seal this ____ day of _________, 201__. ____________________________________ NOTARY PUBLIC My Commission Expires: ____________________ [SEAL]  Exhibit A Legal Description of Additional Land  Exhibit K Depiction of Proposed Internal Road Improvements  Exhibit L Depiction of Portion of Owner Properties Currently Zoned SFR1  AMENDED AND RESTATED PARK 88 DEVELOPMENT AGREEMENT SUMMARY A. Situated at the southeastern end of the City of DeKalb, Park 88 is a parcel of property of approximately 465 acres owned by Park 88 Group, LLC. B. The City and Park 88 Group, LLC (as successor to DeKalb Associates, an Illinois partnership) originally entered into a Park 88 Development Agreement dated as of June 28, 2004 and recorded with the DeKalb County Recorder’s Office on August 5, 2004 as Document No. 2004016020. C. The City and Park 88 Group LLC (as successor to Park 88, LLC, an Illinois limited liability company) subsequently entered into an Annexation Agreement dated as of July 9, 2007 and recorded with the DeKalb County Recorder’s Office on August 15, 2007 as Document No. 2007014519 regarding a portion of Park 88 Group LLC’s properties commonly referred to as the “Orr Parcel”. At the time of the annexation, the Orr Parcel automatically came into the City under an SFR1 zoning classification. D. At the present time, Park 88 Group LLC is the owner of the remaining undeveloped lands within Park 88, including the Orr Parcel. Park 88 Group LLC and the City have agreed to amend and restate the original development agreement in its entirety to facilitate the development of the remaining undeveloped lands within Park 88 as a modern commercial and industrial property in accordance with updated provisions and standards addressing matters such as land use, setbacks, building height, interior roadway alignments, Peace Road improvements, roadways costs and maintenance, building appearance/landscape standards, signage, lighting, fences and pedestrian/bicycle paths. Previously developed properties within Park 88 will remain governed by the provisions of the original development agreement. E. In order to facilitate the development of the undeveloped properties remaining within Park 88 (in particular the Orr Parcel) as a modern commercial and industrial property, Park 88 Group LLC and the City desire to amend the terms of the Orr Parcel Annexation Agreement. Accordingly, to be consistent with the zoning of the developed parcels in Park 88, the Orr Parcel (which is currently zoned SRF1) would be immediately rezoned as PD-C/PD-I. G. The City believes that Park 88 Group LLC’s proposed use of the remaining undeveloped properties within Park 88 will be compatible with and will further the planning objectives of the City and that the redevelopment of those properties will be of benefit to the City, will permit orderly growth, planning and development of the City, will increase the tax base of the City, and will promote and enhance the general welfare of the City and its residents. . H. The City believes that the “PD-C” and “PD-I” Planned Development-Commercial and Industrial Zoning District, as provided under the City of DeKalb Unified Development Ordinance (the “UDO”) will be the most appropriate zoning classifications for the development of the remaining undeveloped properties within Park 88 (including the Orr Parcel).  Legal A THAT PART OF THE WEST HALF OF SECTION 25 AND THAT PART OF SECTION 26,AND THAT PART OF THE SOUTHWEST QUARTER OF SECTION 24,ALL IN TOWNSHIP 40 NORTH,RANGE 4 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF OUTLOT A IN PARK 88 UNIT 1, PER DOCUMENT NUMBER 2004019757; THENCE THE FOLLOWING 3 COURSES ALONG THE LIMITS OF SAID PARK 88 UNIT 1: 1) NORTH 00 DEGREES 1S MINUTES 42 SECONDS EAST,A DISTANCE OF 43.94 FEET;2) THENCE NORTH 24 DEGREES 28 MINUTES OS SECONDS EAST,A DISTANCE OF 4176.61 FEET; 3) THENCE SOUTH 89 DEGREES 31 MINUTES 26 SECONDS EAST, A DISTANCE OF 2216.49 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 28 SECONDS EAST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 2S, A DISTANCE OF 651.28 FEETTO THE LIMITS OF LINCOLN INDUSTRIAL PARK SUBDIVISION PER DOCUMENT NUMBER 387022; THENCE THE FOLLOWING 4 COURSES ALONG THE LIMITS OF SAID LINCOLN INDUSTRIAL PARK SUBDIVISION: 1) SOUTH 89 DEGREES 47 MINUTES S4 SECONDS EAST, A DISTANCE OF 908.22 FEET; 2) THENCE NORTH 00 DEGREES 22 MINUTES S6 SECONDS EAST, A DISTANCE OF 1084.85 FEET;THENCE SOUTH 76 DEGREES 47 MINUTES S4 SECONDS EAST,A DISTANCE OF 124.01FEET; 4) THENCE SOUTH 02 DEGREES 07 MINUTES 30 SECONDS WEST ALONG SAID LIMITS AND SAID LIMITS EXTENDED SOUTHERLY, A DISTANCE OF 364.47 FEET; THENCE SOUTH 82 DEGREES 38 MINUTES SO SECONDS EAST, A DISTANCE OF 298.72 FEET; THENCE NORTH 00 DEGREES 22 MINUTES 56 SECONDS EAST,A DISTANCE OF 99.66 FEET;THENCE SOUTH 89 DEGREES 46 MINUTES 01SECONDS EAST,A DISTANCE OF 580.57 FEET;THENCE NORTH 10 DEGREES 57 MINUTES 09 SECONDS EAST, A DISTANCE OF 135.69 FEET; THENCE SOUTH 75 DEGREES 36 MINUTES 07 SECONDS EAST, A DISTANCE OF 186.85 FEET; THENCE NORTH 14 DEGREES 23 MINUTES 51SECONDS EAST,A DISTANCE OF 221.01 FEETTO THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 38 (LINCOLN HIGHWAY); THENCE THE FOLLOWING 2 COURSES ALONG SAID SOUTHERLY RIGHT OF WAY LINE; 1) SOUTH 70 DEGREES 47 MINUTES 28 SECONDS EAST, A DISTANCE OF 22.58 FEET; 2) THENCE SOUTH 74 DEGREES 56 MINUTES 50 SECONDS EAST, A DISTANCE OF 23S.57 FEET; THENCE SOUTH 00 DEGREES 31 MINUTES 01SECONDS WEST, A DISTANCE OF 89.61FEET;THENCE SOUTH 75 DEGREES 40 MINUTES 15 SECONDS EAST,A DISTANCE OF 137.90 FEET TO A LINE 92.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST QUARTER OF SECTION 24;THENCE SOUTH 00 DEGREES 16 MINUTES 41SECONDS WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 111.10 FEET TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 00 DEGREES 26 MINUTES 26 SECONDS WEST ALONG A LINE 92.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID WEST HALF OF SECTION 25, A DISTANCE OF 5279.33 FEET TO THE NORTH LINE OF FAIRVIEW DRIVE; THENCE THE FOLLOWING 25 COURSES ALONG SAID NORTH LINE: 1) NORTH 89 DEGREES 30 MINUTES 26 SECONDS WEST,A DISTANCE OF 607.26 FEET;2) THENCE NORTH 00 DEGREES 29 MINUTES 34 SECONDS EAST,A DISTANCE OF 7.00 FEET; 3) THENCE NORTH 89 DEGREES 30 MINUTES 26 SECONDS WEST,A DISTANCE OF 60.00 FEET;4) THENCE NORTH 00 DEGREES 29 MINUTES 34 SECONDS EAST, A DISTANCE OF 10.00 FEET; 5) THENCE NORTH 89 DEGREES 30 MINUTES 26 SECONDS WEST,A DISTANCE OF 200.00 FEET; 6) THENCE SOUTH 00 DEGREES 29 MINUTES 34 SECONDS WEST, A DISTANCE OF 10.00 FEET; 7) THENCE NORTH 89 DEGREES 30 MINUTES 26 SECONDS WEST,A DISTANCE OF 100.00 FEET; 8) THENCE SOUTH 00 DEGREES 29 MINUTES 34 SECONDS WEST,A DISTANCE OF 7.00 FEET; 9) THENCE NORTH 89 DEGREES 30 MINUTES 26 SECONDS WEST, A DISTANCE OF 200.00 FEET; 10) THENCE NORTH 00 DEGREES 29 MINUTES 34 SECONDS EAST, A DISTANCE OF 7.00 FEET; 11) THENCE NORTH 89 DEGREES 30 MINUTES 26 SECONDS WEST,A DISTANCE OF 860.00 FEET;12) THENCE SOUTH 00 DEGREES 29 MINUTES 34 SECONDS WEST, A DISTANCE OF 7.00 FEET;13) THENCE NORTH 89 DEGREES 30 MINUTES 26 SECONDS WEST, A DISTANCE OF 130.68 FEET; 14) THENCE NORTH 00 DEGREES 29 MINUTES 34 SECONDS EAST, A DISTANCE OF 2.00 FEET; 15) THENCE NORTH 89 DEGREES 30 MINUTES 26 SECONDS WEST,A DISTANCE OF 60.21 FEET;16) THENCE NORTH 00 DEGREES 29 MINUTES 34 SECONDS EAST,A DISTANCE OF 15.00 FEET;17) THENCE NORTH 89 DEGREES 30 MINUTES 26 SECONDS WEST, A DISTANCE OF 311.18 FEET; 18) THENCE NORTH 89 DEGREES 44 MINUTES 09 SECONDS WEST,A DISTANCE OF 16S8.83 FEET; 19) THENCE SOUTH 00 DEGREES 15 MINUTES 51SECONDS WEST,A DISTANCE OF 17.00 FEET;20) THENCE NORTH 89 DEGREES 44 MINUTES 09 SECONDS WEST, A DISTANCE OF 329.31FEET; 21) THENCE NORTH 00 DEGREES 15 MINUTES 51SECONDS EAST, A DISTANCE OF 7.00 FEET;22) THENCE NORTH 89 DEGREES 44 MINUTES 09 SECONDS WEST, A DISTANCE OF 428.42 FEET; 23) THENCE NORTH 00 DEGREES 15 MINUTES 51SECONDS EAST,A DISTANCE OF 10.00 FEET; 24) THENCE NORTH 89 DEGREES 44 MINUTES 09 SECONDS WEST, A DISTANCE OF 171.4S FEET; 25) THENCE NORTH 89 DEGREES 48 MINUTES 13 SECONDS WEST,A DISTANCE OF 1285.39 FEET TO SAID POINT OF BEGINNING, IN DEKALB COUNTY, ILLINOIS. Legal B THAT PART OF THE SOUTHWEST 1/4 OF SECTION 24 AND PART OF THE NORTHWEST 1/4 OF SECTION 25, TOWNSHIP 40 NORTH, RANGE 4 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST 1/4; THENCE WESTERLY, ALONG THE NORTH LINE OF SAID NORTHWEST 1/4, 92.0 FEET FOR A POINT OF BEGINNING; THENCE NORTHERLY, AT AN ANGLE OF 89 DEGREES 57 MINUTES 05 SECONDS MEASURED COUNTERCLOCKWISE FROM SAID NORTH LINE, PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST 1/4, 111.10 FEET; THENCE NORTHWESTERLY, AT AN ANGLE OF 104 DEGREES 09 MINUTES 08 SECONDS MEASURED CLOCKWISE FROM SAID PARALLEL LINE, 137.62 FEET; THENCE NORTHERLY, AT AN ANGLE OF 104 DEGREES 09 MINUTES 52 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, 89.41 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 38 (LINCOLN HIGHWAY); THENCE NORTHWESTERLY, AT AN ANGLE OF 104 DEGREES 50 MINUTES 53 SECONDS MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, ALONG SAID RIGHT OF WAY LINE, 235.60 FEET; THENCE CONTINUING NORTHWESTERLY, AT AN ANGLE OF 176 DEGREES 19 MINUTES 11 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, ALONG SAID RIGHT OF WAY LINE, 22.63 FEET; THENCE SOUTHWESTERLY, AT AN ANGLE OF 85 DEGREES 33 MINUTES 13 SECONDS MEASURED CLOCKWISE FROM SAID RIGHT OF WAY LINE, 221.15 FEET; THENCE NORTHWESTERLY, AT AN ANGLE OF 89 DEGREES 57 MINUTES 42 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, 186.80 FEET; THENCE SOUTHWESTERLY, AT AN ANGLE OF 86 DEGREES 39 MINUTES 20 SECONDS MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, 135.62 FEET TO THE SOUTH LINE OF SAID SOUTHWEST 1/4; THENCE WESTERLY, AT AN ANGLE OF 100 DEGREES 48 MINUTES 45 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, ALONG SAID SOUTH LINE, 580.48 FEET TO THE WEST LINE OF THE EAST HALF OF SAID NORTHWEST 1/4; THENCE SOUTHERLY, AT AN ANGLE OF 90 DEGREES 09 MINUTES 04 SECONDS MEASURED CLOCKWISE FROM SAID SOUTH LINE, ALONG SAID EAST LINE, 99.66 FEET; THENCE NORTHWESTERLY, AT AN ANGLE OF 83 DEGREES 03 MINUTES 16 SECONDS MEASURED COUNTERCLOCKWISE FROM SAID EAST LINE, 298.72 FEET; THENCE NORTHERLY, AT AN ANGLE OF 95 DEGREES 12 MINUTES 14 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, 364.47 FEET TO THE NORTHEAST CORNER OF OUTLOT "B" OF LINCOLN INDUSTRIAL PARK; THENCE NORTHWESTERLY, AT AN ANGLE OF 101 DEGREES 12 MINUTES 04 SECONDS MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, ALONG THE NORTH LINE OF SAID OUTLOT "B", 124.08 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTHERLY, AT AN ANGLE OF 77 DEGREES 03 MINUTES 27 SECONDS MEASURED CLOCKWISE FROM SAID NORTH LINE, PARALLEL WITH THE EAST LINE OF THE WEST 1/2 OF SAID NORTHWEST 1/4, 2,975.02 FEET TO THE SOUTH LINE OF SAID NORTHWEST 1/4; THENCE EASTERLY, AT AN ANGLE OF 89 DEGREES 54 MINUTES 08 SECONDS MEASURED CLOCKWISE FROM SAID PARALLEL LINE, ALONG SAID SOUTH LINE, 1,627.01 FEET TO A POINT THAT IS 92.0 FEET WESTERLY OF THE SOUTHEAST CORNER OF SAID NORTHWEST 1/4; THENCE NORTHERLY, AT AN ANGLE OF 90 DEGREES 09 MINUTES 27 SECONDS MEASURED CLOCKWISE FROM SAID SOUTH LINE, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST 1/4, 2,646.92 FEET TO THE POINT OF BEGINNING, ALL IN DEKALB TOWNSHIP, DEKALB COUNTY, ILLINOIS. 1. F. As established in the amendment to the development agreement for Park 88 approved by Ordinance No. 04-53 and the annexation agreement approved by Ordinance 07-61 to accommodate changes to the land use, setbacks, building height, interior roadway alignments, Peace Road improvements, roadways costs, building appearance and landscape standards, signage, lighting, fences and pedestrian/bicycle paths the reason for this rezoning request make it so that Owner's Properties will be compatible with and will further the planning objectives of the City and that the redevelopment of the Owner Properties will be of benefit to the City, will permit orderly growth, planning and development of the City, will increase the tax base of the City, and will promote and enhance the general welfare of the City and its residents. “PD-C” and “PD-I” Planned Development-Commercial and Industrial Zoning District, as provided under the City of DeKalb Unified Development Ordinance will be the most appropriate zoning classifications for the development of the respective portions of the Owner Properties as regulated within the Development Standards. a) The proposed zoning change is in conformance with the City’s comprehensive plan, b) will be consistent with and not impact adjacent existing and future land uses. In addition, the proposed rezoning will not negatively impact c) adjacent property values or d) the general public’s health, safety and welfare. From: Lisa Rourke To: Olson, Dan Cc: Nicklas, Bill; Faivre, Bryan; William Murphy; Lisa Rourke Subject: RE: Panduit - 1700 Fairview Drive Response - Park 88 Date: Thursday, June 27, 2019 11:49:06 AM Attachments: image002.png PanduitCityofDK-WDMResponse-2019_06_20_08_02_41 3.pdf [NOTICE: This message originated outside of the City Of DeKalb mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Good morning Dan, Thank you for your quick response on this. Bill Murphy is our Manager for this request. Bill will get back to you if we have any additional questions or concerns. Thanks and kindest regards, Melissa (Lisa) Rourke Administrative Assistant, Sr. - GRE X81343 From: Olson, Dan <Dan.Olson@CITYOFDEKALB.com> Sent: Thursday, June 27, 2019 11:30 AM To: Lisa Rourke <Melissa.Rourke@panduit.com> Cc: Nicklas, Bill <bill.nicklas@CITYOFDEKALB.com>; Faivre, Bryan <BFAIVRE@CITYOFDEKALB.com>; William Murphy <William.Murphy@panduit.com> Subject: FW: Panduit - 1700 Fairview Drive Response - Park 88 Melissa, Thanks for your comments/questions regarding the proposed amendments to the Park 88 project. Please see responses below. A copy will be provided to the Planning and Zoning Commission and the applicant. Variance Requests Park 88 has existing development standards from a 2004 Ordinance, which they are proposing to modifying to accommodate future growth and to be more consistent with the City’s current zoning and development regulations. I’ve attached the proposed development agreement language. Fire Flow Our Assistant Public Works Director indicates there should be no negative impacts on Panduit’s fire flows based on proposed amendments or potential new construction. Additional looping of water mains within Park 88 due to new construction may actually improve fire flows. Looping of 16” water main that is currently stubbed across I-88 to the south of Panduit back to Rt. 23 along Gurler Rd. should also improve fire flows for Panduit. If there are any additional questions regarding your current or future fire flows, you can contact our Asst. PW Director, Bryan Faivre, at 815-748-8131 or BFAIVRE@CITYOFDEKALB.com I’ve cc: Bryan on this e-mail. Impact Fees - Traffic Panduit will not be subject to any impact fees for traffic improvements related to Park 88. If you have any additional questions, please let me know. Dan Olson | Principal Planner City of DeKalb | 200 South Fourth Street | DeKalb, IL 60115 Phone: 815-748-2361 | Fax: 815-748-2091 Email: dan.olson@cityofdekalb.com | Website: www.cityofdekalb.com From: Lisa Rourke <Melissa.Rourke@panduit.com> Sent: Wednesday, June 26, 2019 1:42 PM To: Olson, Dan <Dan.Olson@CITYOFDEKALB.com> Cc: William Murphy <William.Murphy@panduit.com>; Lisa Rourke <Melissa.Rourke@panduit.com> Subject: Panduit - 1700 Fairview Drive Response - Park 88 [NOTICE: This message originated outside of the City Of DeKalb mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Good afternoon Dan, Sending this on behalf of Bill Murphy. Attached is our comments on Park 88. Thanks and Kindest Regards, Melissa (Lisa) Rourke | Administrative Assistant Sr., Global Real Estate 18900 Panduit Drive, Tinley Park, IL 60487 | 708.532.1800 x 81343 |Melissa.rourke@panduit.com Disclaimer: This is a transmission from the City of DeKalb that is confidential and proprietary. If you are not the intended recipient, copying or distributing the contents of this message is expressly prohibited. If you have received this message in error, please destroy it and notify the City immediately. This email is the property of the City of DeKalb and the City reserves the right to retrieve and read any message created, sent or received, including the right to monitor messages of City employees or representatives at any time, without notice. Freedom of Information Act Requests should be submitted on the City’s website at http://www.cityofdekalb.com/.  Panduit, Inc. 1700 E. Fairview Drive, DeKalb, IL 60115 Are there any variance requests in the attached petition or are all of the requirements stated already existing for this type of zoning. Currently, our fire pump flow test are marginally acceptable as far as residual pressure when flowing 150% of the pump capacity Will this new development have any effect on our current water supply for our fire protection system? What steps will the city of DeKalb take to ensure we maintain an adequate water supply to our facility? Will Panduit be subject to any impact fees for traffic improvements. The documents indicate that other companies benefiting from the traffic improvements will be required to share the expense for these improvements. LEGAL NOTICE NOTICE is hereby given that a public hearing will be held before the DeKalb Planning and Zoning Commission at its regular meeting on Wednesday, July 3, 2019 at 6:00 p.m. in the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on the petition by Park 88 Group, LLC for approval of an amendment to the development agreement for Park 88 approved by Ordinance No. 04-53 and the annexation agreement approved by Ordinance 07-61 to accommodate changes to the land use, setbacks, building height, interior roadway alignments, Peace Road improvements, roadways costs, building appearance and landscape standards, signage, lighting, fences and pedestrian/bicycle paths for an approximately 570 acre site located generally on the west side of Peace Road, south of E. Lincoln Highway and north of Fairview Drive and described below in Legal A. The petitioner is also requesting the property described in Legal B below be rezoned from “SFR1” Single-Family Residential to “PD-I” Planned Development Industrial and “PD-C” Planned Development Commercial. Legal A THAT PART OF THE WEST HALF OF SECTION 25 AND THAT PART OF SECTION 26,AND THAT PART OF THE SOUTHWEST QUARTER OF SECTION 24,ALL IN TOWNSHIP 40 NORTH,RANGE 4 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF OUTLOT A IN PARK 88 UNIT 1, PER DOCUMENT NUMBER 2004019757; THENCE THE FOLLOWING 3 COURSES ALONG THE LIMITS OF SAID PARK 88 UNIT 1: 1) NORTH 00 DEGREES 1S MINUTES 42 SECONDS EAST,A DISTANCE OF 43.94 FEET;2) THENCE NORTH 24 DEGREES 28 MINUTES OS SECONDS EAST,A DISTANCE OF 4176.61 FEET; 3) THENCE SOUTH 89 DEGREES 31 MINUTES 26 SECONDS EAST, A DISTANCE OF 2216.49 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 28 SECONDS EAST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 2S, A DISTANCE OF 651.28 FEETTO THE LIMITS OF LINCOLN INDUSTRIAL PARK SUBDIVISION PER DOCUMENT NUMBER 387022; THENCE THE FOLLOWING 4 COURSES ALONG THE LIMITS OF SAID LINCOLN INDUSTRIAL PARK SUBDIVISION: 1) SOUTH 89 DEGREES 47 MINUTES S4 SECONDS EAST, A DISTANCE OF 908.22 FEET; 2) THENCE NORTH 00 DEGREES 22 MINUTES S6 SECONDS EAST, A DISTANCE OF 1084.85 FEET;THENCE SOUTH 76 DEGREES 47 MINUTES S4 SECONDS EAST,A DISTANCE OF 124.01FEET; 4) THENCE SOUTH 02 DEGREES 07 MINUTES 30 SECONDS WEST ALONG SAID LIMITS AND SAID LIMITS EXTENDED SOUTHERLY, A DISTANCE OF 364.47 FEET; THENCE SOUTH 82 DEGREES 38 MINUTES SO SECONDS EAST, A DISTANCE OF 298.72 FEET; THENCE NORTH 00 DEGREES 22 MINUTES 56 SECONDS EAST,A DISTANCE OF 99.66 FEET;THENCE SOUTH 89 DEGREES 46 MINUTES 01SECONDS EAST,A DISTANCE OF 580.57 FEET;THENCE NORTH 10 DEGREES 57 MINUTES 09 SECONDS EAST, A DISTANCE OF 135.69 FEET; THENCE SOUTH 75 DEGREES 36 MINUTES 07 SECONDS EAST, A DISTANCE OF 186.85 FEET; THENCE NORTH 14 DEGREES 23 MINUTES 51SECONDS EAST,A DISTANCE OF 221.01 FEETTO THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 38 (LINCOLN HIGHWAY); THENCE THE FOLLOWING 2 COURSES ALONG SAID SOUTHERLY RIGHT OF WAY LINE; 1) SOUTH 70 DEGREES 47 MINUTES 28 SECONDS EAST, A DISTANCE OF 22.58 FEET; 2) THENCE SOUTH 74 DEGREES 56 MINUTES 50 SECONDS EAST, A DISTANCE OF 23S.57 FEET; THENCE SOUTH 00 DEGREES 31 MINUTES 01SECONDS WEST, A DISTANCE OF 89.61FEET;THENCE SOUTH 75 DEGREES 40 MINUTES 15 SECONDS EAST,A DISTANCE OF 137.90 FEET TO A LINE 92.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST QUARTER OF SECTION 24;THENCE SOUTH 00 DEGREES 16 MINUTES 41SECONDS WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 111.10 FEET TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 00 DEGREES 26 MINUTES 26 SECONDS WEST ALONG A LINE 92.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID WEST HALF OF SECTION 25, A DISTANCE OF 5279.33 FEET TO THE NORTH LINE OF FAIRVIEW DRIVE; THENCE THE FOLLOWING 25 COURSES ALONG SAID NORTH LINE: 1) NORTH 89 DEGREES 30 MINUTES 26 SECONDS WEST,A DISTANCE OF 607.26 FEET;2) THENCE NORTH 00 DEGREES 29 MINUTES 34 SECONDS EAST,A DISTANCE OF 7.00 FEET; 3) THENCE NORTH 89 DEGREES 30 MINUTES 26 SECONDS WEST,A DISTANCE OF 60.00 FEET;4) THENCE NORTH 00 DEGREES 29 MINUTES 34 SECONDS EAST, A DISTANCE OF 10.00 FEET; 5) THENCE NORTH 89 DEGREES 30 MINUTES 26 SECONDS WEST,A DISTANCE OF 200.00 FEET; 6) THENCE SOUTH 00 DEGREES 29 MINUTES 34 SECONDS WEST, A DISTANCE OF 10.00 FEET; 7) THENCE NORTH 89 DEGREES 30 MINUTES 26 SECONDS WEST,A DISTANCE OF 100.00 FEET; 8) THENCE SOUTH 00 DEGREES 29 MINUTES 34 SECONDS WEST,A DISTANCE OF 7.00 FEET; 9) THENCE NORTH 89 DEGREES 30 MINUTES 26 SECONDS WEST, A DISTANCE OF 200.00 FEET; 10) THENCE NORTH 00 DEGREES 29 MINUTES 34 SECONDS EAST, A DISTANCE OF 7.00 FEET; 11) THENCE NORTH 89 DEGREES 30 MINUTES 26 SECONDS WEST,A DISTANCE OF 860.00 FEET;12) THENCE SOUTH 00 DEGREES 29 MINUTES 34 SECONDS WEST, A DISTANCE OF 7.00 FEET;13) THENCE NORTH 89 DEGREES 30 MINUTES 26 SECONDS WEST, A DISTANCE OF 130.68 FEET; 14) THENCE NORTH 00 DEGREES 29 MINUTES 34 SECONDS EAST, A DISTANCE OF 2.00 FEET; 15) THENCE NORTH 89 DEGREES 30 MINUTES 26 SECONDS WEST,A DISTANCE OF 60.21 FEET;16) THENCE NORTH 00 DEGREES 29 MINUTES 34 SECONDS EAST,A DISTANCE OF 15.00 FEET;17) THENCE NORTH 89 DEGREES 30 MINUTES 26 SECONDS WEST, A DISTANCE OF 311.18 FEET; 18) THENCE NORTH 89 DEGREES 44 MINUTES 09 SECONDS WEST,A DISTANCE OF 16S8.83 FEET; 19) THENCE SOUTH 00 DEGREES 15 MINUTES 51SECONDS WEST,A DISTANCE OF 17.00 FEET;20) THENCE NORTH 89 DEGREES 44 MINUTES 09 SECONDS WEST, A DISTANCE OF 329.31FEET; 21) THENCE NORTH 00 DEGREES 15 MINUTES 51SECONDS EAST, A DISTANCE OF 7.00 FEET;22) THENCE NORTH 89 DEGREES 44 MINUTES 09 SECONDS WEST, A DISTANCE OF 428.42 FEET; 23) THENCE NORTH 00 DEGREES 15 MINUTES 51SECONDS EAST,A DISTANCE OF 10.00 FEET; 24) THENCE NORTH 89 DEGREES 44 MINUTES 09 SECONDS WEST, A DISTANCE OF 171.4S FEET; 25) THENCE NORTH 89 DEGREES 48 MINUTES 13 SECONDS WEST,A DISTANCE OF 1285.39 FEET TO SAID POINT OF BEGINNING, IN DEKALB COUNTY, ILLINOIS. Legal B THAT PART OF THE SOUTHWEST 1/4 OF SECTION 24 AND PART OF THE NORTHWEST 1/4 OF SECTION 25, TOWNSHIP 40 NORTH, RANGE 4 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST 1/4; THENCE WESTERLY, ALONG THE NORTH LINE OF SAID NORTHWEST 1/4, 92.0 FEET FOR A POINT OF BEGINNING; THENCE NORTHERLY, AT AN ANGLE OF 89 DEGREES 57 MINUTES 05 SECONDS MEASURED COUNTERCLOCKWISE FROM SAID NORTH LINE, PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST 1/4, 111.10 FEET; THENCE NORTHWESTERLY, AT AN ANGLE OF 104 DEGREES 09 MINUTES 08 SECONDS MEASURED CLOCKWISE FROM SAID PARALLEL LINE, 137.62 FEET; THENCE NORTHERLY, AT AN ANGLE OF 104 DEGREES 09 MINUTES 52 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, 89.41 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 38 (LINCOLN HIGHWAY); THENCE NORTHWESTERLY, AT AN ANGLE OF 104 DEGREES 50 MINUTES 53 SECONDS MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, ALONG SAID RIGHT OF WAY LINE, 235.60 FEET; THENCE CONTINUING NORTHWESTERLY, AT AN ANGLE OF 176 DEGREES 19 MINUTES 11 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, ALONG SAID RIGHT OF WAY LINE, 22.63 FEET; THENCE SOUTHWESTERLY, AT AN ANGLE OF 85 DEGREES 33 MINUTES 13 SECONDS MEASURED CLOCKWISE FROM SAID RIGHT OF WAY LINE, 221.15 FEET; THENCE NORTHWESTERLY, AT AN ANGLE OF 89 DEGREES 57 MINUTES 42 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, 186.80 FEET; THENCE SOUTHWESTERLY, AT AN ANGLE OF 86 DEGREES 39 MINUTES 20 SECONDS MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, 135.62 FEET TO THE SOUTH LINE OF SAID SOUTHWEST 1/4; THENCE WESTERLY, AT AN ANGLE OF 100 DEGREES 48 MINUTES 45 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, ALONG SAID SOUTH LINE, 580.48 FEET TO THE WEST LINE OF THE EAST HALF OF SAID NORTHWEST 1/4; THENCE SOUTHERLY, AT AN ANGLE OF 90 DEGREES 09 MINUTES 04 SECONDS MEASURED CLOCKWISE FROM SAID SOUTH LINE, ALONG SAID EAST LINE, 99.66 FEET; THENCE NORTHWESTERLY, AT AN ANGLE OF 83 DEGREES 03 MINUTES 16 SECONDS MEASURED COUNTERCLOCKWISE FROM SAID EAST LINE, 298.72 FEET; THENCE NORTHERLY, AT AN ANGLE OF 95 DEGREES 12 MINUTES 14 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, 364.47 FEET TO THE NORTHEAST CORNER OF OUTLOT "B" OF LINCOLN INDUSTRIAL PARK; THENCE NORTHWESTERLY, AT AN ANGLE OF 101 DEGREES 12 MINUTES 04 SECONDS MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, ALONG THE NORTH LINE OF SAID OUTLOT "B", 124.08 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTHERLY, AT AN ANGLE OF 77 DEGREES 03 MINUTES 27 SECONDS MEASURED CLOCKWISE FROM SAID NORTH LINE, PARALLEL WITH THE EAST LINE OF THE WEST 1/2 OF SAID NORTHWEST 1/4, 2,975.02 FEET TO THE SOUTH LINE OF SAID NORTHWEST 1/4; THENCE EASTERLY, AT AN ANGLE OF 89 DEGREES 54 MINUTES 08 SECONDS MEASURED CLOCKWISE FROM SAID PARALLEL LINE, ALONG SAID SOUTH LINE, 1,627.01 FEET TO A POINT THAT IS 92.0 FEET WESTERLY OF THE SOUTHEAST CORNER OF SAID NORTHWEST 1/4; THENCE NORTHERLY, AT AN ANGLE OF 90 DEGREES 09 MINUTES 27 SECONDS MEASURED CLOCKWISE FROM SAID SOUTH LINE, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST 1/4, 2,646.92 FEET TO THE POINT OF BEGINNING, ALL IN DEKALB TOWNSHIP, DEKALB COUNTY, ILLINOIS. All interested persons are invited to appear and be heard at the time and place listed above. Interested persons are also encouraged to submit written comments on these proposals to the City of DeKalb, Community Development Department, 200 South Fourth Street, DeKalb, Illinois, 60115 or by e-mail to dan.olson@cityofdekalb.com by 5:00 p.m. on Wednesday, June 26, 2019. Further information regarding the petition is available from the Community Development Department at (815) 748-2361 or on the City of DeKalb’s web page at https://www.cityofdekalb.com/1103/Public-Hearings. Christina Doe, Chair DeKalb Planning and Zoning Commission